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Updated and Effective as of: [04-Aug-2023]

TERMS OF USE AGREEMENT

This Terms of Use Agreement (“Agreement”) constitutes a legally binding agreement made between you ("user" or "you") and Atralia, and its affiliated companies (collectively, “Company” or “we” or “us” or “our”), concerning your access to and use of the www.atralia.com website as well as any other media form or media channel related or connected thereto (collectively, the “Website”). Please note that your use of the Website is also governed by our Privacy Policy, located at [Privacy Policy Link]. The Website allows users to purchase perfumes and related products and access a variety of related information (“Company Services”). The Company Services are hosted in the United States and are also subject to the terms of this Agreement.

YOUR ACCESS TO AND USE OF THE WEBSITE OR OUR COMPANY SERVICES 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 OR USE OUR COMPANY SERVICES. BY ACCESSING OR USING THE WEBSITE OR COMPANY SERVICES, YOU AGREE TO BE BOUND BY THIS AGREEMENT.

ACCOUNT

You may be required to create an account to use the Website (“Account”). You agree that the information provided in connection with the Account is accurate and complete and will be kept up-to-date. You are solely responsible for keeping your Account secure, and for actions that happen on or through your Account (including any purchases made), whether or not such actions were taken by you. You may not use another person’s user account or registration information without permission. You must notify us immediately of any breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for or related to your Account.

PURCHASES

You agree to pay Company all charges at the prices then in effect for the products you or other persons using your account or payment method may purchase, and you authorize Company to charge your chosen payment provider for any such purchases. Posted prices do not include sales tax, which will be charged to you when applicable. The company reserves the right to correct any errors or mistakes in pricing that it makes even if it has already requested or received payment. Products purchased or otherwise provided through the Website, including samples and gift items, are for personal use only and are not for resale. All purchases are subject to Company policies and procedures relating to processing, shipping, handling, returns, and exchanges, as set forth in this Agreement or on the Website. By placing an order, you represent that the products ordered are legal to possess and use where you intend to possess and use them and will be possessed or used only in a lawful manner, in accordance with all applicable laws, rules, and regulations.

Please note: Please note that once your order has been placed we will be unable to cancel or make any changes. If you have any questions or require assistance placing your order please contact our concierge team at customerservice@atralia.com

SALES TAX

Sales tax is automatically applied to your order in accordance with individual state regulations if your shipping address is in one of the following states: AZ, AR, CA, CO, FL, GA, IL, IN, KY, LA, MA, MD, MI, MN, NJ, NV, NY, OH, PA, TN, TX, VA, WA, WI, CT, RI, SC, UT, DC, NE, NC

STATES WHERE ATRALIA DOES NOT COLLECT SALES OR USE TAX ARE BELOW

Atralia does not collect sales or use taxes in all states. Your purchase may be subject to use tax unless it is specifically exempt from taxation. Your purchase is not exempt merely because it is made over the Internet, by catalog or by other remote means. Your state may require you to report all purchases that were not taxed and to pay the tax on those purchases on a sales, use or income tax return. Details on how to report and pay the taxes may be found at the applicable state's website.

RETURNS

Contact our Customer Service team to initiate a return/exchange.

Following are the conditions that apply to returns of products:

  1. 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.
  1. Products must be returned to Company within 14 days of delivery using a mailing method that allows for shipment tracking.
  1. You should inspect products for damage upon delivery. If you notice any damage or believe a product is defective, you should contact us immediately to file a report. Upon receipt, 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.
  1. Products must be returned with the original shipping box, packing materials, and a copy of the shipping invoice.
  1. Refunds will only be issued in the same form as was used for payment.
  1. Shipping charges are non-refundable. However, replacement products will be shipped free of charge, except where expedited shipping is requested.
  1. Company will not accept merchandise that has been used, altered, or damaged. Company is not responsible in the event that returned packages are lost, stolen, or mishandled.
  1. Only products purchased through the Website may be returned to Company in accordance with this return policy. Company products purchased through any other outlet are subject to the return policies applicable to such outlets.
  1. Company reserves the right to refuse to refund or exchange any product that does not meet the above requirements.
  1. If approved, refunds will be issued only in the same form as was used for payment. If a returned product was purchased with an E-Gift Card, and a refund is approved, the recipient of the E-Gift Card will receive a new email with a new gift card code for the value of the updated balance, including any applicable refund amount. If a returned product was purchased with a voucher, and a refund is approved, the purchaser will be mailed a new voucher with the same expiration date as the original voucher, assuming not expired.
  1. Shipping charges are non-refundable. However, if approved, replacement products will be shipped free of charge, except where expedited shipping is requested.
  1. Products with bottle engraving or medallion engraving are non-refundable. The company reserves the right to refuse to refund or exchange these products.

SHIPPING

All purchases shipping within the United States will receive complimentary shipping. With respect to the shipment of products and services sold through the Website, risk of loss and title for items purchased from the Website, risk of loss and title for items purchased from the Website pass to you upon delivery of the items to the carrier. Should your item not be received but your tracking information indicates that your order was delivered, please contact customerservice@atralia.com

SAMPLES

Atralia offers a delightful sampling experience for our esteemed customers. You can explore our exquisite perfume lines, including Amazonas, Amora, Imperiale, and Equest, in the comfort of your own space with our 5 ml sample bottles. Our Sample Set includes 5 ml bottles of all the perfume lines, carefully packaged within one single box, available for a convenient price of $30. As a token of appreciation, when you purchase our Sample Set, we'll also provide you with an exclusive coupon code. This code can be used if you decide to purchase a full bottle of any of our perfumes, offering you a special $30 discount. Should you require any assistance or have questions regarding our samples or coupon codes, our dedicated support team is here to assist you at customerservice@atralia.com. 

REFUSAL OF ORDERS

As customer service is of utmost importance to Atralia, we retain the prerogative to decline product sales if there is a reasonable belief that the intent is for resale. Furthermore, we maintain the right to restrict the quantities of items purchased per customer. We also reserve the authority to cancel any order, or a portion thereof, and to refuse service to any individual for any reason. Grounds for such actions may encompass unauthorized voucher or E-Gift Card utilization, product availability, price disparities, or shipments to freight services intended for destinations beyond Atralia's service areas.

USER REPRESENTATIONS

Through your utilization of Atralia's Services, you affirm and warrant that:

  1. All registration information and other data submitted to or through the Website (collectively, "Customer Information") is truthful, accurate, current, and complete. Submission of any Customer Information that is found to be untrue, inaccurate, outdated, or incomplete may result in suspension or termination of your account and the denial of current or future Website use.
  1. You will maintain and promptly update your Customer Information on the Website to ensure its accuracy, currency, and completeness.
  1. You will keep your Website password and other login information confidential and will be accountable for all activity conducted using your password and account.
  1. You are of legal age in your jurisdiction of residence.
  1. Your use of Atralia's Services does not infringe upon any applicable laws or regulations.

SUBMISSIONS

External ideas or suggestions concerning advertising, promotions, product merchandising, or alterations in business practices are not accepted by Atralia, as they may already be under consideration. If, despite this policy, you submit an unsolicited idea, it is understood that this idea is not confidential, and Atralia assumes no obligation, expressed or implied, by considering it. Atralia shall have exclusive ownership of all existing and future rights to the idea worldwide, which is hereby irrevocably assigned to Atralia. In the event that such an assignment is unenforceable, or as necessary for Atralia to employ your submission, you hereby grant Atralia an irrevocable, perpetual, worldwide license to use the idea and any related intellectual property in any manner, in any medium now known or hereafter developed, without compensation to you.

 

PROHIBITED ACTIVITIES 

The Website and Atralia's Services are intended for personal use only and may not be used for any commercial purposes except those expressly endorsed or approved by Atralia. Prohibited activities include but are not limited to systematic data retrieval from the Website, unauthorized collection of user data, unauthorized framing or linking to the Website, using information obtained from the Website to contact, advertise to, solicit, or sell to any user or third party without explicit consent, automated use of the Website, interference with the Website's functionality, impersonation of another user or individual, competition with Atralia, decompiling or reverse engineering Website software, bypassing security measures, harassing Atralia employees or agents, and violating third-party rights or engaging in illegal activities.

INTELLECTUAL PROPERTY RIGHTS

The content on the Website, referred to as "Company Content," and the associated trademarks, service marks, and logos ("Marks") are either owned by or licensed to Atralia and are protected by copyright and other intellectual property laws. Company Content encompasses 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 Atralia. They may not be used as part of trademarks or domain names in connection with any product or service in a way that may cause confusion and may not be copied, imitated, or used without prior written permission from Atralia. The Company Content on the Website is provided "AS IS" for informational and personal non-commercial use only, may not be used other than in connection with personal non-commercial purchases from the Website, and may not be copied, reproduced, distributed, transmitted, broadcast, sold, licensed, or otherwise exploited without the prior written consent of Atralia. Retrieval of data or content from the Website for the creation of collections, compilations, databases, or directories without written permission from Atralia is prohibited. Atralia reserves all rights not explicitly granted, and you agree not to bypass or interfere with security features or limitations on the use of the Website or Company Content.

THIRD-PARTY WEBSITES

The Website may contain links to other websites ("Third Party Websites"). These Third Party Websites are not reviewed or monitored by Atralia for accuracy, appropriateness, completeness, functionality, or legal compliance. Atralia disclaims responsibility for any Third Party Websites accessed through the Website, including content, accuracy, appropriateness, reliability, functionality, privacy practices, policies, and legal compliance. Inclusion, linking, or utilization of any Third Party Website does not imply endorsement by Atralia. Users accessing Third Party Websites do so at their own risk, as the terms and policies of Atralia do not apply to such websites. Users are encouraged to review the terms, policies, privacy practices, and data gathering procedures of Third Party Websites. Atralia assumes no responsibility for purchases made through Third Party Websites, as these transactions occur solely between the user and the respective third party.

SITE MANAGEMENT

Atralia retains the authority to:

  1. Monitor the Website for violations of this Agreement.
  1. Take appropriate legal action against any user, at Atralia's discretion, who violates this Agreement, including reporting to law enforcement authorities.
  1. Remove or disable files and content that, in Atralia's discretion, are excessively large or burdensome to Atralia's systems.
  1. Manage the Website to protect Atralia's rights and property and to facilitate proper Website functioning.

PRIVACY: Atralia values user privacy. By using the Website or Company Services, you consent to the transfer and processing of your personal data in the United States. You understand that personal data stored in the USA may be subject to lawful requests by US courts or law enforcement authorities. Your use of the Website or Company Services signifies your acceptance of the terms set forth in the Privacy Policy.

TERMS & TERMINATION

This Agreement remains in effect as long as you use the Website or Atralia's Services or maintain a registered account on the Website. You may terminate your Website registration at any time as instructed on the Website. Atralia reserves the right, without notice or liability, to temporarily or permanently:

  1. Deny access to and use of the Website and/or Company Services to any individual.
  1. Remove or delete your profile on the Website and/or any content or information posted on the Website for any reason, including breach of this Agreement or violation of applicable law.

In order to safeguard the Website's integrity and Atralia's Services, Atralia may block certain IP addresses from accessing the Website and/or Company Services at any time in its sole discretion. Provisions of this Agreement necessary to fulfill their purposes shall survive termination of this Agreement.

NO WARRANTIES

While Atralia endeavors to provide up-to-date information on the Website and through Company Services, aside from the express warranties stated on the Website or Company Services, Atralia makes no warranties or representations regarding the accuracy or completeness of information on the Website or Company Services. Your use of Company Services is at your own risk. The Company Services, including all content on or accessed through the Website, are provided "AS IS," and Atralia disclaims any express or implied warranties, including but not limited to non-infringement, title, merchantability, or fitness for a particular purpose. Atralia does not warrant that the Website or any materials or content therein will be uninterrupted, error-free, or that the Website or its server is free of viruses or other harmful components. To the fullest extent permitted by applicable law, Atralia shall not be liable for the use of Company Services, including content and any errors therein.

To the fullest extent permitted by applicable law, in no event shall Atralia be liable for any lost profits, lost data, lost opportunities, costs of cover, exemplary, punitive, personal injury/wrongful death, special, incidental, indirect, or other consequential damages. Moreover, Atralia's liability for direct damages shall not exceed the fees paid to Atralia for products and services in the two months preceding the claim.

CHANGES

All information posted on the Website is subject to change at any time. The terms of this Agreement may also change at any time, with material modifications applied prospectively. Changes will be posted on the Website, and users are encouraged to check for updates regularly. Continued access and use of the Website and Company Services after changes constitute acceptance of said changes.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Atralia, its employees, directors, officers, agents, business partners, affiliates, contractors, distribution partners, and representatives from and against any and all claims, demands, liabilities, costs, or expenses, including attorney's fees and costs, arising from your use of the Website or Company Services, breach of this Agreement, or violation of applicable law.

SEVERABILITY

If any part of this Agreement is held or declared invalid or unenforceable for any reason by any court of competent jurisdiction, that provision shall be ineffective but shall not affect the validity of the remaining parts of this Agreement.

WAIVER; REMEDIES

Atralia's failure to exercise any rights or the waiver of any breach of this Agreement by you shall not prevent subsequent exercise of such rights or be deemed a waiver of any subsequent breach. The rights and remedies of Atralia shall be cumulative and not limit the right to exercise any other remedy.

QUESTIONS

For questions regarding this Agreement, contact us at:

Atralia 5 Sutton Place Edison, NJ 08830 USA

Email: customerservice@atralia.com



ACCESSIBILITY STATEMENT

If you encounter difficulty accessing any part of the website, please email us at customerservice@atralia.com. We are committed to ongoing efforts to enhance website accessibility and welcome feedback on how we can improve.