Terms and Conditions

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TERMS AND CONDITIONS

IN-TOUCH FRAGRANCES

TERMS AND CONDITIONS  

Last Modified 2024-03-18 15:08:17

1. LEGAL RESTRICTIONS AND TERMS OF USE AND PARTICIPATION

In order to use the IN-TOUCH FRAGRANCES web site and/or the services provided, you accept and agree to be bound by these Terms and Conditions of Use. Whenever you make a purchase on our website, you will be asked to confirm that you have read these Terms and Conditions of Use. This sets out the legally binding terms for your use of our website. These terms may be modified by IN-TOUCH FRAGRANCES, from time to time.

2. ELIGIBILITY

You must be at least 18 years old to purchase products on this website. If you are under the age of 18, you must provide IN-TOUCH FRAGRANCES with written permission from a parent or guardian to make a / any purchases on our website. By using this website, you represent and warrant that you have the right, authority, and capacity to enter into all contemplated agreements and transactions and to abide by all of the terms and conditions.

3. TERM

These terms and conditions will remain in full force and effect while you use this website. IN-TOUCH FRAGRANCES may terminate your access to the website and your rights to purchase products, if you have breached any of these terms or conditions, by notifying you, in writing, by email, at the email address you have provided. If your rights are so terminated you will not be entitled to a refund of any amounts paid to IN-TOUCH FRAGRANCES. Even after your rights are terminated, the provisions of paragraphs 4, 7, 8, 9, 11, 12, 13, 14, 15 and 16 shall remain in effect.

4. OWNERSHIP, COPYRIGHT AND TRADEMARK NOTICES

4a.Disclaimer:*Name trademarks and copyrights are properties of their respective manufacturers and/or designers. IN-TOUCH FRAGRANCES has no affiliation with these manufacturers/designers. Our interpretation of these fragrances was created through chemical analysis and reproduction, and the purpose of the named product description is to give the customer an idea of scent character, not to mislead or confuse the customer. It is not intended to infringe on the manufacturers/designer's name and valuable trademark. We do not represent our products to be original nor do we represent that they are exact copies; therefore they do not violate any copyright laws. Any references to brand names are made strictly for comparison. Also, let it be known, that this web site has no affiliation to, and is not associated or sponsored by any of these trademark owners. We simply ask the consumer to compare the price, style, and quality of the designer brand products to IN-TOUCH FRAGRANCES’ products. These fragrance bases are NOT original perfumes or colognes or scented products. We simply Customize our rendition of these fragrances

4.1 The content of this web site including, without limitation, all text, graphics, logos, images, audio, digital downloads and software, is the property of IN-TOUCH FRAGRANCES, its business partners, and/or various third party providers and distributors.

4.2 All title, ownership and intellectual property rights, including the rights to copyrights, trademarks, service marks and logos (collectively, the “Intellectual Property’) used on the website are vested in IN-TOUCH FRAGRANCES, its business partners and their affiliates and/or various third parties. Such Intellectual Property and software is protected by the United States and international copyright laws. Nothing contained on this website should be construed as granting, by implication, or otherwise, any license or right to use any of the Intellectual Property without the written permission of IN-TOUCH FRAGRANCES.

4.3 You may not modify copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products, services or any portion of any material obtained from this website, nor may you use any of the Intellectual Property in connection with any other service without the express written consent of IN-TOUCH FRAGRANCES.

5. ACCESS AND USE

5.1 You are granted a limited license to access and make personal use of this site and you are not allowed to download (other than page caching), modify or create a hyperlink to this site, or any portion of it, except with the express prior written consent of IN-TOUCH FRAGRANCES or its business partners, as applicable.

5.2 You may not use this site or its contents for any resale or commercial use; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

5.3 You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) that belongs to IN-TOUCH FRAGRANCES, its business partners, their affiliates or any third party, without the prior written consent of IN-TOUCH FRAGRANCES, its business partners, or such applicable third party.

5.4 You may not use any Meta tags or any other "hidden text" utilizing the name or trademarks of IN-TOUCH FRAGRANCES, its business partners, or their third party providers and distributors, without each of their express prior written consents.

5.5 You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered illegal, give rise to civil liability, or otherwise be in violation of any law.

5.6 Any unauthorized use by you may result in the termination of your right to use this site.

6. PURCHASES OF PRODUCTS

6.1 IN-TOUCH FRAGRANCES attempts to be as accurate as possible in describing the products for sale on its website. Notwithstanding the foregoing, IN-TOUCH FRAGRANCES does not warrant that the description of any such products, or the content included on this website, is accurate, complete, reliable, current, or error-free. In the event that any product you purchase through this website is not as described, your sole remedy is to return the product unused to IN-TOUCH FRAGRANCES.

6.2 IN-TOUCH FRAGRANCES shall have the right to refuse or cancel any orders placed for products listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. IN-TOUCH FRAGRANCES shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, IN-TOUCH FRAGRANCES shall immediately issue a credit to your credit card account in the amount of the charge.

6.3 Your receipt of an electronic or other form of order confirmation does not signify IN-TOUCH FRAGRANCES’ acceptance of your order, nor does it constitute confirmation of IN-TOUCH FRAGRANCES’ offer to sell. IN-TOUCH FRAGRANCES reserves the right at any time after receipt of your order to accept or decline your order for any reason. IN-TOUCH FRAGRANCES further reserves the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Your order will be deemed accepted by IN-TOUCH FRAGRANCES upon shipment of products that you have ordered. Title to goods passes to you upon delivery to the common carrier.

6.4 All payments can be made by VISA, MasterCard, American Express, Discover, PayPal and or money orders (each of which can be removed by IN-TOUCH FRAGRANCES in its sole discretion).Unless expressly set forth on this website, IN-TOUCH FRAGRANCES does not accept any other payment form. You hereby agree to all restrictions, terms and conditions associated with any such additional forms of payment offered. Your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not this Terms and Conditions of Use to determine your rights and liabilities as a cardholder. YOU, AND NOT IN-TOUCH FRAGRANCES, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify IN-TOUCH FRAGRANCES of any discrepancies within sixty (60) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes. If IN-TOUCH FRAGRANCES does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by IN-TOUCH FRAGRANCES or its agents. You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes.

IN-TOUCH FRAGRANCES shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within any states or localities that it deems are required.

6.5 Title and ownership to all products purchased pass to you are subject to IN-TOUCH FRAGRANCES’ 48 hour delivery rule. (See 6.5A)

6.5A. Delivery Standards / Information: All Packages are shipped Via Ups from one of our fulfillment centers. We also on rare occasions, ship via USPS. All shipping prices are calculated electronically via our site directly from ups. We do however offer free shipping on retail orders of $50 or more to club members only. (**Exclusions apply**) See Exclusions on section 6.5B.  We only ship to the United States and its Territories, as well as to Military Boxes.

6.5B Exclusions: Although we do offer free shipping on orders of $50 or more, the following items are excluded from the promotion. Lotions, Gels, Body Mists, Body Butters, Massage Oil, and a mix or combination of any excluded product within the same order as an approved product.

7. Coupons and Promotions: IN-TOUCH FRAGRANCES does not allow combining of coupons, or promotions to our standard users. Only one coupon or promo code will be allowed per order. Free shipping, if applicable, is considered a special offer and is not combinable with other coupons. There are exceptions however to Club Members.

7A. Club Member program:

Inner Circle Members (Commonly known as Club Members or Discount Club Members): These are special members who pay an annual fee to be a IN-TOUCH FRAGRANCES premium member.  In exchange for membership, Premium / Club Members get:  Up to 30% discount on all purchases, free shipping (**Exclusions do apply**)( See Exclusions on section 6.5B) of orders $50 and up, a limited amount of free samples upon request, priority notification about new products, offers, etc. In addition, Inner Circle Members also get to participate in the Milestone Program!! Membership is for one year.

7B. Take Five program:

The IN-TOUCH FRAGRANCES Offer Referral Program or commonly referred to as “Take Five”. The Program allows users (the “Recommender(s))” to share an offer (“Offer”) by using a personalized link that Recommender(s) share with their friends (the “Friends”). Subject to these Offer Terms, and as described below, Recommender(s) and Friends will be able to obtain an online coupon code (“Reward”) that they can redeem with IN-TOUCH FRAGRANCES.

By participating in the Program, you, as a Recommender or Friend, as the case may be (collectively, “You”), agree to enter into these Offer Terms with IN-TOUCH FRAGRANCES. Your participation in the Program is also subject to your consent to be bound by the Naja Referral Program Terms of Service (below), which are entered into by and between you and IN-TOUCH FRAGRANCES, LLC, d/b/a IN-TOUCH FRAGRANCES.

Subject to these Offer Terms and any other terms described in the offer page, the personalized links that Recommender(s) share with their Friends will allow their Friends to obtain Rewards that they can redeem when making their first purchase order with IN-TOUCH FRAGRANCES (a “Qualifying Purchase”). A Qualifying Purchase may be subject to minimum spending. When a Friend uses an active personalized link to make his or her Qualifying Purchase with IN-TOUCH FRAGRANCES, the Recommender who referred that Friend will earn their own Reward that the Recommender can use for future purchases with IN-TOUCH FRAGRANCES or, if applicable, at any off-line Naja Fragrance retail outlet. To qualify for a Reward, the Friend must be a new customer to IN-TOUCH FRAGRANCES, but there is no requirement that the Recommender be a new customer. Rewards ordinarily are distributed via email as a coupon, after the completion of a Qualifying Purchase and after approval by IN-TOUCH FRAGRANCES, in its sole discretion. Recommender(s) may not earn more than 30 Rewards in 30 days or more than 500 Rewards in total. Recommender(s) may earn only one (1) Reward per Friend, regardless of the number of purchases that his or her Friends make. Rewards cannot be combined with other discount codes in a single order. To receive multiple Rewards, Recommender(s) must introduce multiple Friends who make a Qualifying Purchase using the Recommender’s active personalized referral link. A Recommender cannot refer him or herself to earn a Reward. When sharing Rewards, Recommender(s) must tell their Friends that Recommender(s) will receive a reward from IN-TOUCH FRAGRANCES if they make their Qualifying Purchase using your personalized link. IN-TOUCH FRAGRANCES, in its sole discretion, may impose limits on how many Offers may be shared by a Recommender, as well as how frequently those Offers can be made, and Rewards may not be given if those limits are exceeded.

IN-TOUCH FRAGRANCES reserves the right to refuse to issue or redeem a Reward to Recommender(s) or Friends at any time. Further, IN-TOUCH FRAGRANCES reserves the right, in its sole discretion, to (i) vary any and all elements of an Offer at any time without notice to you and (ii) to prevent any individual from participating in this or future promotions. An Offer cannot be applied to previous purchases and is not redeemable for cash. You understand that although you initially participated in an Offer as a Friend, You will be considered a Recommender if you share a personalized link with your own Friends.

7 C. Milestone Discount Program:

Milestone Terms 

Milestone Discount Program: 

The Milestone promotion is for all customers and all sales are eligible, excluding taxes and shipping charges. Here is how it works. There are Nine Milestones: Milestone 1, 2, 3, 4, 5, 6, 7, 8 and 9.

Milestone 1: $250. (User reaches Milestone 1 once they have spent a total of $250. on the website). When Milestone 1 is reached, the system sends a discount code to the user. If the user uses the discount code, then their milestone total is reset to zero. However, if they don’t use the discount code, they can then continue towards Milestone 2.

Milestone 2: $500 (User reaches Milestone 2 once they have spent a total of $500 on the website). When Milestone 2 is reached, the system sends a more substantial discount to the user. If the user uses the discount code, then their total is reset to zero. However, if they don't use the discount code, they can continue towards Milestone 3.

Milestone 3: $750. (User reaches Milestone 3 if they have spent a total of $750. on the website). When Milestone 3 is reached, the system sends an even more substantial discount code to the user. If the user uses the discount code, then their total is reset to zero. However, if they don't use the discount code, they can continue towards Milestone 4.

Milestone 4: $1000 (User reaches Milestone 4 if they have spent a total of $1000 on the website). When Milestone 4 is reached, the system sends an even more substantial discount code to the user. If the user uses the discount code, then their total is reset to zero. However, if they don't use the discount code, they can continue towards Milestone 5.

Milestone 5: $1250. (User reaches Milestone 5 once they have spent a total of $1250. on the website). When Milestone 5 is reached, the system sends an even bigger discount code to the user. If the user uses the discount code, then their milestone total is reset to zero. However, if they don’t use the discount code, they can then continue towards Milestone 6.

Milestone 6: $1500 (User reaches Milestone 6 once they have spent a total of $1500 on the website). When Milestone 6 is reached, the system sends a more substantial discount to the user. If the user uses the discount code, then their total is reset to zero. However, if they don’t use the discount code, they can continue towards Milestone 7.

Milestone 7: $1750. (User reaches Milestone 7 if they have spent a total of $1750. on the website). When Milestone 7 is reached, the system sends an even more substantial discount code to the user. If the user uses the discount code, then their total is reset to zero. However, if they don’t use the discount code, they can continue towards Milestone 8.

Milestone 8: $2000. (User reaches Milestone 8 if they have spent a total of $2000. on the website). When Milestone 8 is reached, the system sends an even more substantial discount code to the user. If the user uses the discount code, then their total is reset to zero. However, if they don’t use the discount code, they can continue towards Milestone 9.

Milestone 9: $2500 (User reaches Milestone 9 if they have spent a total of $2500 on the website). When Milestone 9 is reached! True loyalty really shines! The system sends an amazing one-year free membership access code to the Inner Circle. This special code is put directly into the user’s logon account. When the user uses this special code, the user will automatically a get free one year membership in the club. They will have all the benefits and perks that paid members enjoy! But that’s not all! They are automatically re-enrolled back into the milestone program, where they earn more rewards!

Orders- Once an order is submitted; we cannot change, delete or add any items to the order. In the rare event an item is out of stock, we will contact you to arrange for a replacement.

Most orders are processed within 72 hours; however, there are times when this cannot be achieved; and for various reasons, like, inclement weather conditions, order backlogs, etc. In the unlikely event that this occurs, we will contact you and give you options.

C.O.D. Orders- Please note that we do not accept C.O.D.

Credit Card / PayPal Orders- We do accept Master Card, Visa, American Express and Discover and PayPal via our secure server. There are times where we may contact you for further verification. In such rare cases, we may request a copy of some form of identification (such as a driver’s license or additional card info) to be faxed or emailed to us. This is done for your protection and to avoid fraud. 

Returns- All purchases on Customized products are final; we will not credit, refund or exchange these items due to the nature of the product. Please make sure you are completely certain when purchasing your customized products. Please note if an error occurs on our part, we will gladly correct our error.

If any errors or shortages occur on our part, you have 48 hours from the submission of your order to contact us so we may correct the problem. Any claims made after that will be denied, so please inspect your package carefully upon receipt. If an error or shortage does occur, we will correct it immediately.

NO UNAUTHORIZED RETURNS WILL BE ACCEPTED OR CREDITED.

Freight Damage - A claim of freight damage must be reported within 24 hours of delivery. The claim must be made to the freight carrier as well as to IN-TOUCH FRAGRANCES. We guarantee that all products leave our warehouse packed safely. However, damages do occasionally occur during transit.

Prices are subject to change without prior notice. Prices in effect at time of shipment shall apply.

Every effort is made for this website to be completely accurate. However, an occasional error may occur. Therefore, we reserve the right to bill at corrected prices.

8. Warranty Disclaimer

The information, software, products, and services published on this site may include inaccuracies or typographical errors. Naja frafrances may make improvements and/or changes to this site from time to time. IN-TOUCH FRAGRANCES, its business partners, their affiliates and/or third party providers and distributors make no representations about the accuracy or suitability of the information, software, products and services contained on this site for any purpose. All information, software, products and services are provided “as is” without warranty of any kind.

IN-TOUCH FRAGRANCES, its business partners, their affiliates and/or third party providers and distributors hereby disclaim all warranties and conditions, express or implied including implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade. As some states or jurisdictions do not allow the disclaimer of implied warranties, the above disclaimer may not apply to you.

9. Limitation Of Liability

Neither IN-TOUCH FRAGRANCES nor its business partners assume any responsibility, and shall not be liable for any damages incurred, due to viruses that may infect your computer equipment or other property on account of your access to, use of or browsing of this website or your down loading of any materials, data, text, images, video or audio from this site. In no event shall IN-TOUCH FRAGRANCES , its business partners, their affiliates or any third party providers or distributors be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including, without limitation, lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, which arises out of or is any way connected with (i) any use of this web site or content found on this site, (ii) any failure or delay (including, without limitation, the use of or inability to use any component of this web site) or (iii) the performance or non-performance by IN-TOUCH FRAGRANCES, its business partners, their affiliates or any third party providers or distributors, even if such party has been advised of the possibility of damages.

If, notwithstanding the foregoing, IN-TOUCH FRAGRANCES, its business partners, their affiliates or any third party provider or distributor should be found liable for any loss or damage, with respect to the use of this website or in connection with any products purchased by you, such damages shall not exceed, in the aggregate, the amount paid by any person for the products you purchase. Some states and jurisdictions do not allow limitation of liability, so the foregoing limitation may not apply to you.

10. LINKS TO THIRD PARTY SITES

This website may from time to time provide, or duly authorized third parties may provide, links to other web sites or resources. These links are provided to you as a convenience and not as an endorsement by IN-TOUCH FRAGRANCES of such other web sites. IN-TOUCH FRAGRANCES has no control over such sites and resources and is not responsible or liable for any content, advertising, products, or materials relating to such other sites, or for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods or services available on or through any such sites or resources. If you decide to access other web sites, you do so at your own risk.

11. COPYRIGHTS AND COPYRIGHT AGENT

Pursuant to the Digital Millennium Copyright Act, IN-TOUCH FRAGRANCES will terminate the account of any customer, or vendor who uses his or her privileges to unlawfully transmit copyrighted material without a license, valid defense or fair use privilege to do so. After proper notification by the copyright holder or its agent to IN-TOUCH FRAGRANCES and later confirmation through court order or an admission by the customer that an account has been an instrument of unlawful infringement, IN-TOUCH FRAGRANCES will terminate the infringing customer's account. IN-TOUCH FRAGRANCES may also in its sole discretion decide to terminate a customer's account privileges prior to that time if it has good belief that infringement has in fact occurred. In addition, IN-TOUCH FRAGRANCES has implemented procedures for receiving written notification of claimed infringements and for processing such claims.

IN-TOUCH FRAGRANCES recognizes and is concerned about the protection of the intellectual property of third parties, and requires that all users of its web site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide IN-TOUCH FRAGRANCES with the following information:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

• A description of the copyrighted work that you claim has been infringed;

• A description of where the material that you claim is infringing is located on IN-TOUCH FRAGRANCES’ website;

• Your address, telephone number, and email address;

• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

For notice of claims of copyright infringement on its site IN-TOUCH FRAGRANCES can be reached as follows:

By email: intouchfragrance@gmail.com

By phone: (501) 453-3890

By mail: 3513 North Ridge Dr, Jacksonville, AR 72076

12. U.S. EXPORT CONTROLS

Software from this web site is subject to United States export controls. No software from this site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using this website, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

13. INDEMNIFICATION

You agree to indemnify and hold IN-TOUCH FRAGRANCES, its business partners, and each of their subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of this website including, without limitation, your purchase of goods, in violation of this Agreement and/or arising from a breach of these Terms and Conditions of Use and/or any breach of your representations and warranties set forth herein.

14. GOVERNING LAW

This Agreement and its performance are governed by the laws of the State of Arkansas, United States of America, without regard to its conflict of law’s provisions. You consent and submit to the exclusive jurisdiction of the Courts of the State of Arkansas located in Pulaski County and the Federal District Court in little rock Arkansas in all matters arising out of your use of this site.

15. MODIFICATION

IN-TOUCH FRAGRANCES may at any time modify these terms and conditions and your continued use of the site will be conditioned upon the terms and conditions in force at the time of your use.

16. ADDITIONAL TERMS

Additional terms and conditions will apply to the use of this site, the terms of which are incorporated herein.

17. SEVERABILITY

These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

18. HEADINGS

The headings used in these terms and conditions are included for convenience only and will not limit or otherwise affect these terms and conditions.

19. PRIVACY

You acknowledge that you have read the IN-TOUCH FRAGRANCES Privacy Policy, the terms of which are incorporated herein.

20. ASSIGNMENT

You may not assign, convey subcontract or delegate your rights, duties or obligations hereunder.

Please Contact Us with any questions regarding these Terms and Conditions of Use.

See our contact us page for more information.