Terms and Conditions
Welcome to IconicScents.com (the "Site").
YOUR ACCESS TO AND USE OF THE WEBSITE IS CONDITIONED UPON YOUR ACCEPTANCE OF AND COMPLIANCE WITH THIS AGREEMENT. THIS AGREEMENT APPLIES TO ALL VISITORS, USERS AND OTHERS WHO WISH TO ACCESS THE WEBSITE. BY ACCESSING OR USING THE WEBSITE YOU AGREE TO BE BOUND BY THIS AGREEMENT.
Following are the conditions that apply to returns of products:
a. Only products purchased through the Website may be returned to Company in accordance with this return policy. Company products purchased through any other outlet, including third party retailers, are subject to the return policies applicable to such outlets.
b. Only products in unopened original packaging that have not been tampered with or used in any manner or that are damaged or defective upon delivery may be returned to Company for a refund or exchange.
c. You should inspect products for damage immediately upon delivery. If you notice any damage or believe a product is defective, you should contact us immediately to file a report. However, in order to qualify to receive a refund or exchange for any such claim, you need to contact us no later than fifteen (15) days from delivery and, prior to returning any product, obtain a Return Merchandise Authorization number in accordance with the procedure described below.
d. To obtain a Return Merchandise Authorization number, write to Customer Service using our online CONTACT FORM or via the contact information provided below, and provide us with your order number, full name, shipping address and email address, together with a brief description of your claim and whether you are requesting a refund or exchange.
e. Products must be returned to us with the original shipping box, packing materials, as well as ALL COMPLIMENTARY SAMPLES and a copy of the shipping invoice. You must write the Return Merchandise Authorization number on the shipping invoice.
f. You must return all products to us within thirty (30) days of delivery of those products, and use a delivery method that allows for shipment tracking.
g. Returned products should be shipped to the following address:
Iconic Scents, LLC Attention: Customer Service 442 S Crescent Drive Beverly Hills, CA 90212
h. Upon receipt of your returned product, Company will make a determination, in its reasonable discretion, whether a product claimed to be damaged or defective was actually damaged or defective when originally delivered to you. Company reserves the right, in its reasonable discretion, to refuse to refund or exchange any product that does not meet the above requirements.
i. Company will not accept merchandise that, in its reasonable discretion, has been used, altered or damaged by you or a third party for which it is not responsible. Company is not responsible in the event that returned packages are lost, stolen, or mishandled.
k. Company reserves the right to refuse to refund or exchange any product that does not meet the above requirements.
j. Company reserves the right, in its reasonable discretion, to refuse to refund or exchange any product that does not strictly comply with the above requirements.
k. If approved, refunds will be issued only in the same form as was used for payment.
l. Shipping charges are non-refundable. However, if approved, replacement products will be shipped free of charge, except where expedited shipping is requested.
The Website is hosted in the United States of America and is subject to U.S. state and federal law. If you are accessing the Website from other jurisdictions, please be advised that you are transferring your personal information to us in the United States, and by using the Website you consent to that transfer and to abide by the applicable laws of applicable states and by U.S. federal law concerning your use of the Website and your agreements with us. Any persons accessing the Website from any jurisdiction with laws or regulations governing the use of the Internet, including personal data collection, use and disclosure, different from those of the jurisdictions mentioned above may only access and use the Website in a manner lawful in their jurisdiction. If your access and/or use of the Website, including without limitation your agreement to our data collection, use and disclosure practices, would be unlawful in your jurisdiction, please do not access or use the Website.
Gathering, use and disclosure of non-personally-identifying information
User of the Website Generally
“Non-Personally-Identifying Information” is information that, without the aid of additional information, cannot be directly associated with a specific person. “Personally-Identifying Information,” by contrast, is information such as a names or email addresses that, without more, can be directly associated with a specific person. Like most website operators, Company gathers from users of the Website Non-Personally-Identifying Information of the sort that web browsers, depending on their settings, may make available. That information includes the user’s Internet Protocol (IP) address, operating system and browser type, and the locations of the web pages the user views right before arriving at, while navigating and immediately after leaving the Website. Company analyzes Non-Personally-Identifying Information gathered from users of the Website to help Company better understand how the Website is being used. By identifying patterns and trends in usage, Company is able to better design the Website to improve users’ experiences, both in terms of content and ease of use. From time to time, Company may also release in the aggregate the Non-Personally-Identifying Information gathered from Website users, such as by publishing a report on trends in the usage of the Website.
A “Web Cookie” is a string of information that a website stores on a user’s computer, and that the user’s browser provides to the website each time the user submits a query to the site. Company uses Web Cookies to track the pages that users visit during each Website session, both to help Company improve users’ experiences and to help Company understand how the Website is being used. As with other Non-Personally-Identifying Information gathered from users of the Website, Company analyzes and discloses in aggregated form information gathered using Web Cookies, so as to help Company, its partners and others better understand how the Website is being used. Company does not attempt to link information gathered using Web Cookies to Personally-Identifying Information. COMPANY USERS WHO DO NOT WISH TO HAVE WEB COOKIES PLACED ON THEIR COMPUTERS SHOULD SET THEIR BROWSERS TO REFUSE WEB COOKIES BEFORE ACCESSING THE WEBSITE, WITH THE UNDERSTANDING THAT CERTAIN FEATURES OF THE WEBSITE MAY NOT FUNCTION PROPERLY WITHOUT THE AID OF WEB COOKIES. WEBSITE USERS WHO REFUSE WEB COOKIES ASSUME ALL RESPONSIBILITY FOR ANY RESULTING LOSS OF FUNCTIONALITY.
A “Web Beacon” is an object that is embedded in a web page that is usually invisible to the user and allows website operators to check whether a user has viewed a particular web page or an email. Company may use Web Beacons on the Website and in emails to count users who have visited particular pages and/or viewed emails, and to deliver co-branded services. Web Beacons are not used to access users’ Personally-Identifying Information; they are a tool Company may use to compile aggregated statistics about Website usage. Web Beacons collect only a limited set of information, including a Web Cookie number, time and date of a page or email view, and a description of the page or email on which the Web Beacon resides. You may not decline Web Beacons; however, Web Beacons can be rendered ineffective by declining all Web Cookies or modifying your browser setting to notify you each time a Web Cookie is tendered and permit you to accept or decline Web Cookies on an individual basis.
Aggregated and Non-Personally-Identifying Information
We may share aggregated and Non-Personally Identifying Information we collect under any of the above circumstances, and also share it with third parties and our affiliate companies to develop and deliver targeted advertising on the Website and on websites of third parties. We may combine Non-Personally Identifying Information we collect with additional Non-Personally Identifying Information collected from other sources. We also may share aggregated information with third parties, including advisors, advertisers and investors, for the purpose of conducting general business analysis. For example, we may tell our advertisers the number of visitors to the Website and the most popular features or services accessed. This information does not contain any Personally-Identifying Information and may be used to develop website content and services that we hope you and other users will find of interest and to target content.
COLLECTION, USE AND DISCLOSURE OF PERSONALLY-IDENTIFYING INFORMATION
BY REGISTERING WITH, ACCESSING OR USING THE WEBSITE, YOU CONSENT TO THE USE AND DISCLOSURE OF YOUR PERSONALLY-IDENTIFYING INFORMATION AS DESCRIBED IN THIS “COLLECTION, USE AND DISCLOSURE OF PERSONALLY-IDENTIFYING INFORMATION” SECTION.
We may collect and store Personally-Identifying Information that you provide to us about other people, such as their name, address and email address. If you use the Website to send others (friends, relatives, colleagues, etc.) a product as a gift, we may store your Personally-Identifying Information and the Personally-Identifying Information of each such recipient in order to process those requests and/or facilitate future activities.
We may occasionally use your name and email address to send you notifications regarding new services offered by the Website that we think you may find valuable. We may also send you service-related announcements from time to time through the general operation of the Website. Generally, you may opt out of such email notifications at the time you register for the Website, or thereafter through your account settings or by contacting us, as explained below, though we reserve the right to send you notices about your account even if you opt out of all voluntary email notifications.
Company will disclose Personally-Identifying Information under the following circumstances:
- Third Party Service Providers. We may share your Personally-Identifying Information, which may include your name and contact information (including email address), with our authorized service providers that perform certain services on our behalf. These services may include fulfilling orders, providing customer service and marketing assistance, performing business and sales analysis, supporting the Website functionality, and supporting contests, sweepstakes, surveys and other features offered through the Website. We may also share your name, contact information and credit card information with our authorized service providers who process credit card payments. These service providers may have access to your personal information, collected from other sources, as needed to perform their functions, but they are not permitted to share this non-ICP information with ICP or to use such information for any purpose other than processing credit card payments.
CONTESTS, GIVEAWAYS AND SURVEYS.
EMAIL TO FRIENDS FEATURE AND REFERRAL PROGRAM
Company may offer users the ability to send friends emails about the Website. If users choose to use this feature, be assured that Company uses friends’ email addresses only on a one-time basis to send the requested email.
COLLECTION AND USE OF INFORMATION BY THIRD PARTIES GENERALLY
SECURITY AND DATA RETENTION
We take security of your Personally-Identifying Information seriously and use reasonable electronic, personnel, and physical measures to protect it from loss, theft, alteration and misuse. However, please be advised that even the best security measures cannot fully eliminate all risks. Subject to our data retention rights set forth in this provision and elsewhere in this Agreement, we retain your Personally-Identifying Information, if provided by you through the Website, for as long as your account is active (as determined by us) and for a reasonable time thereafter, or if applicable, for as long as you remain on our marketing list. We also may retain your Personally-Identifying Information for a longer period of time as needed, in our sole discretion, to provide you with services or as necessary to comply with our legal obligations, to resolve disputes, and to enforce our agreements. Even if we delete some or all of your Personally-Identifying Information, we may continue to retain and use aggregate or anonymous data previously collected and/or anonymize or aggregate your personal information. Please note that we will not be liable for disclosures of your data due to errors or unauthorized and/or unlawful acts of third parties.
CALIFORNIA PRIVACY RIGHTS
California Civil Code Section 1798.83, also known as the "Shine The Light" law, permits our users who are California residents to request and obtain from us once a year, free of charge, information about the personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of personal information that were shared and the names and addresses of all third parties with whom we shared that information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to our privacy officer listed below.
INTELLECTUAL PROPERTY RIGHTS
You may not access or use the Website for any other purpose other than that for which Company makes it available. The Website is for the personal use of users only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Company. Prohibited activities include, but are not limited to:
The content on the Website (“Company Content”) and the trademarks, service marks and logos contained therein (“Marks”) are owned by or licensed to Company, and are subject to copyright and other intellectual property rights under United States and foreign laws, regulations and conventions. Company Content includes, without limitation, all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics. All Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, common law trademarks or trade dress of Company in the U.S. and/or other countries. Company's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Company. The Company Content on the Website is provided to you “AS IS” for your information and personal non-commercial use only, may not be used other than in connection with purchases from the Website for your personal non-commercial use, and may not be copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever, without the prior written consent of the Company. Systematic retrieval of data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Company is prohibited. Company reserves all rights not expressly granted to you in and to the Website and Company Content and Marks. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Company Content or that enforce limitations on use of the Website or the Company Content.
Iconic Scents, LLC
442 S Crescent Drive
Beverly Hills, CA 902