Gift Certificate Terms And Conditions

Effective Date: March 9, 2022

These Terms and Conditions apply to use of FragranceNet.com Gift Certificates.

BY PURCHASING, ACCEPTING OR USING YOUR CERTIFICATES, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND OUR TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT PURCHASE, USE OR ACCEPT THE CERTIFICATES.

THIS AGREEMENT INCLUDES RESOLUTION OF DISPUTES BY ARBITRATION INSTEAD OF IN COURT. PLEASE REVIEW THE PROVISIONS REGARDING ARBITRATION BEFORE PURCHASING, USING, OR ACCEPTING THE GIFT CERTIFICATE.

Balance Inquiry

For balance inquiry, please click here. In most cases, the balance is adjusted immediately when you make a purchase, but there may be occasions when the balance adjustment is delayed.

Expiration/Deactivation

Your Gift Certificate does not expire. No service fees apply. We reserve the right to refuse to honor any Gift Certificate in the event of a disputed credit card charge, bounced check or other failure of consideration.

Redemption

Your Gift Certificate is redeemable for purchases of merchandise at participating online at FragranceNet.com or Fragrance.com, our mobile app, and our Fragrance.com U.S. retail locations. The Certificates have no cash value and may not be redeemed for cash (except as required by law) or be used to purchase another Gift Certificate.

No Refunds

NO REFUNDS ARE PERMITTED WITH RESPECT TO CERTIFICATES.

Lost, Damaged Or Stolen Certificates

The value of any lost, damaged or stolen Certificates will not be replaced.

Limitation Of Warranties

THE COMPANY AND ITS AFFILIATES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO CERTIFICATES INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY.

Limitation of Liability

WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CERTIFICATES, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IF A GIFT CERTIFICATE CODE IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CERTIFICATE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Governing Law, Waiver of Jury Trial & Arbitration

The Service is controlled by the Company from its offices within the United States of America. The Company makes no representation that this Service or the Content is appropriate or available for use in other locations, and access to them from territories where Content is illegal is prohibited. Those persons and entities that choose to access this Service from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

You agree that any and all claims, disputes, controversies, actions or proceedings relating to, or arising out of, the creation, production, manufacture, distribution, promotion, marketing, advertising (including oral and written statements), use of or sale of any and all products and services of the Company and its Affiliates, through all merchandising channels, including but not limited to, the internet, this Service, telephone, catalog, radio, television, mobile device and participating retail stores or the Content (collectively referred to as "Claims"), shall be governed by the internal substantive laws of the State of New York without regard to its conflict of laws principals and that any and all Claims shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association ("AAA") or by a state small claims court of competent jurisdiction over the Claim and the parties.

You agree that: (i) the arbitration shall be conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by the AAA; (ii) the arbitration shall be conducted on submission, telephonically or at a location determined by the AAA pursuant to the Rules and Procedures of the AAA; (iii) the arbitrator shall have the authority to award actual direct damages only with no authority to issue any fines and penalties nor award punitive damages or equitable relief; (iv) EXCEPT AS SET FORTH BELOW IN SUBPART (vi), THERE SHALL BE NO RIGHT TO LITIGATE YOUR CLAIM IN COURT AND NO RIGHT TO A JURY TRIAL, (v) your claim shall be arbitrated on an individual basis, and that you shall not have the right to participate in a representative capacity, or as a member of any class of claimants pertaining to any claim subject to arbitration, and that the arbitrator shall have no authority to consolidate or join the claims of other persons or parties who may be similarly situated and may only resolve claims, and render awards between you and the Company and its Affiliates alone; and (vi) you may elect to bring your claim in a state small claims court of competent jurisdiction over the claim and the parties. With the exception subpart (v) above, if any part of this arbitration provision is deemed invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures of the AAA, then same shall be stricken and the balance of this arbitration provision shall remain in effect and construed accordingly. For more information on the AAA and its Rules and Procedures, you may visit the AAA website at www.adr.org.

Severability

If any term or other provision of this Agreement are deemed by a final court of competent jurisdiction to be invalid, illegal or incapable of being enforced by any rule of law, or public policy, all other terms, conditions and provisions of this Agreement shall nevertheless remain in full force and effect to the maximum extent permitted by law. Upon such determination that any term or other provision is invalid, illegal or incapable of being enforced, the court shall modify only the affected term, condition or provision to affect the original intent of the parties as closely as possible so that the contemplated transactions are fulfilled and the Company and its Affiliates are protected to the greatest extent possible.

Fraud

We will not accept any GIft Certificate, or will limit use of any balance, if we reasonably believe that the use is unauthorized, fraudulent or otherwise unlawful, and we consider such action appropriate to limit our risk. We do not control who may sell preloaded Certificates, nor can we control the price or preloaded denominations offered by independent sellers. Consequently, we have no liability to you for any third-party fraud or unlawful activity associated with any Certificate balance. If we discover any balance was sourced or derived from fraud or other unlawful means, we may in our sole discretion, cancel all impacted Gift Certificates and retain all related balances without notice to you. We may use retained balances to help offset our liability to card companies, networks and issuers of lost or stolen credit and debit cards used to purchase or load Gift Certificates.

Acknowledgment and Changes

This Agreement represents the entire understanding between you and the Company regarding your relationship with the Company and supersedes any prior statements or representations. YOU AGREE TO BE BOUND BY THESE GIFT CERTIFICATE TERMS AND CONDITIONS by purchasing, accepting or using your certificate.

We reserve the right to change the Gift Certificate Terms and Conditions at any time. If we make any change to the Agreement, we will post those changes on this, or any other appropriate page, and they will become effective upon the later of 1) the date specified by the Company, if any, or 2) the posting. By accessing the Service after changes are made to the Gift Certificate Terms and Conditions and posted on the Service, you agree to be legally bound and to abide by the amended terms.