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[message]Terms & Conditions
TERMS OF SERVICE
Last Update: October 12, 2024
1. ACCEPTANCE: These Terms of Service (the “Terms”) govern your use of oudavenue.com (the “Platform”) and your purchases (the “Services”). The Terms have a force of a legally binding agreement, even if you are simply using the Platform without the intention of contacting us or purchasing from us.
The terms “Oud Avenue,” "us," "we," or "our" refer to Oud Avenue, LLC, a Wyoming company that owns and operates the Platform. The terms "you" and ”your” refer to you reading the Terms or using the Services.
Please, also review our Privacy Policy and Shipping and Refund Policy. These documents also form a major part of your use of the Platform and Services. The Privacy Policy describes the information we collect from you and how we use it. The Shipping and Refund, on the other hand, describes our practices regarding the shipping of your orders and any applicable return and refunds.
By purchasing our products through the Platform, you hereby agree to the terms and conditions in the Terms. If you do not agree to the Terms, you should stop using the Platform or purchasing from us.
We may modify the Terms at any time for various reasons, including changes to the Services or applicable laws. We may not notify you about every change to the Terms, but you can see the last update date at the top of this page. If you still wish to visit the Platform and purchase from us after said last update, that constitutes your agreement to the updates.
IMPORTANT: review the “ARBITRATION” section below. Your use of the Platform constitutes your agreement to arbitrate disputes remotely instead of having them resolved by a court. You hereby waive any right to a jury trial you may have had. You also waive your right to participate as a plaintiff or class member in any purported class action or representative proceeding against us.
2. VENUE: The Platform is an online perfume store hosted on Shopify. We sell different types of perfumes from our warehouse in the State of Pennsylvania, US. We are registered in Wyoming, US, but may operate the website from outside of the US.
Interactive features
The Platform includes interactive features that allow users to communicate with us and each other. You agree that, because of the limited nature of such communication, any guidance you may receive can be incomplete and may even be misleading. Therefore, any assistance you may receive using any of the Platform’s interactive features does not constitute specific advice and should not be relied upon without further competent, independent confirmation. We are not liable for the consequences of you disclosing your personal information to others.
Third-party services
The Platform may contain references to third-party websites and platforms and rely on third-party services for support (for example, the third-party plugins). We shall not be liable for any third-party venues and cannot guarantee their performance. We do not monitor all content submitted to the Platform. We shall not be liable for user submissions or any third-party content on the Platform.
3. ALLERGY AND FLAMMABILITY WARNING: Generally, perfumes are harmless liquids that give you that fine smell all day long. However, we are aware that certain people have specific substances they are allergic to. Therefore, if you have any specific allergies, please endeavor to read the packaging of any perfume you buy before wearing them.
Furthermore, be aware that perfumes contain little bits of flammable substances and may be dangerous if exposed to naked flames. Therefore, we advise that you keep the bottles and samples from all naked flames to prevent injuries.
By purchasing any of our perfumes, you agree to read the packaging to watch out for any allergenic substance and that you will keep it away from naked flames. You hereby release us from any injuries or damages caused by your failure to read the instructions/warnings – unless such damages are caused by our mistake.
4. INTELLECTUAL PROPERTY RIGHT
Our Intellectual Property
(Aside from your user content) our content suppliers and we own all intellectual property rights in the Platform contents (texts, images, product descriptions, audios, etc.), logos, trademarks (whether registered or unregistered), and information. Our intellectual property rights are protected by US law and international IP conventions. By using the Platform, you do not acquire any of our intellectual property rights. You may not use our trademarks or trade dress in conjunction with any product or service that may cause confusion. Nevertheless, you can view and print out the Platform’s content for personal use. We reserve all rights that are not expressly granted under the Terms or other written agreements between you and us.
User submissions
We do not claim ownership rights over your content (such as product reviews). What’s yours remains yours. However, if you upload any content to the public areas of the Platform, you confirm that: (i) you have all necessary rights to that content, and (ii) we can display, transmit, modify and distribute this content without compensation to you. We can use and implement any feedback that you voluntarily provide without compensation to you.
5. LICENSE TO USE THE WEBSITE: Subject to your compliance with the Terms and other applicable agreements, Oud Avenue hereby grants you a limited, non-transferable, non-exclusive, non-sublicensable license to access and use the Platform to purchase our products for your personal and commercial use.
The license granted hereunder does not include the resale or commercial use of any of our content, including our product description, pricing, and listing, or any downloading of any portion of the Platform using any robots, data miners, or similar data-gathering and extraction tools or software. All rights not granted to you under the Terms are hereby reserved by Oud Avenue, its suppliers, licensors, or other content providers.
6. YOUR USE OF THE PLATFORM: By visiting the Platform, you represent and agree that:
- You have a full capacity to enter into a legally binding agreement, such as the Terms;
- If purchasing anything, you are responsible for ensuring your payment method is valid. You will pay as agreed using only payment methods which you are authorized to use. You will not use a false identity;
- We reserve the right to refuse you the Service for any reason at any time, including if we believe your use violates the Terms or any applicable law;
- Prices for our products are subject to change without notice;
- We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate;
- You will not let others use your account, except as may be explicitly authorized by us. Everything that happens under your account is your responsibility. Registering duplicate accounts is not allowed;
- If you make any submission, it shall be truthful and not misleading. We can terminate any account for writing untruthful reviews, comments, or other content. We reserve the right to edit, reject, or erase anything submitted to us without prior notice. You will not send spam, anything defamatory, vulgar, racist, abusive, or hateful;
- You will ask for our permission before copying anything from the Platform for republication;
- You will not use the Platform for anything illegal;
- We reserve the right to terminate any account using our sole reasonable discretion and without notice or liability;
- We may communicate with you electronically via your email address, phone number, and the Platform and that electronic communications from us shall be legally binding;
- Bots, crawlers, indexers, web spiders, harvesters, or any similar automatic processes are not allowed on the Platform; and
- You will not impede the proper functioning of the Platform.
7. USER ACCOUNT AND REGISTRATION: To purchase through the Platform, you may need to create a user account and submit personal information to us, including your shipping and payment details, email address, and phone number. You are expected to submit valid information, including those required on the order checkout page. If you submit invalid or inaccurate information, Oud Avenue will not be liable for any liability. You also are in control of your user account. You must ensure your login details are confidential. We reserve the right to terminate your use of the Platform if we believe your use goes against the Terms or any applicable law.
If you create an account or log in via the social media plugins provided on the Platform (including Facebook, Twitter, Google, and Amazon), you authorize us to obtain the profile information you have on the applicable plugin.
8. PRODUCT DESCRIPTION: We will do our best to ensure the product descriptions and on the Platform are accurate and without errors, omissions, and inaccuracies; however, we do not guarantee that we will achieve this at all times. If we deliver a product that is not as described, you will have the option to request a return and exchange or refund.
9. PLACING AN ORDER: When you place an order through the Platform, you confirm that the order information submitted is accurate, valid, and complete and that you carefully read all information attached to the product. Your request to place an order is an offer from you to purchase the applicable item, which we will have the discretion to either accept or decline. Our acceptance to sell to you will be acknowledged when we respond with the order details and charge your payment method.
10. ORDER PRICING AND PAYMENTS: The products available through the Platform are at their original prices in USD. The products are exclusive of any tax and applicable shipping fees and are exclusive of any applicable tax or shipping fee. The shipping fee and any applicable tax will be calculated and displayed on the order checkout page.
Upon initiating payment on the order checkout page, you authorize us to deduct the applicable total amount displayed from your payment method. The applicable payment methods include any Shopify-supported credit card or PayPal. By initiating a payment, you warrant that your payment method contains sufficient funds to pay for your order. You also warrant to us that you own the attached payment method or that you have the permission of the owner.
11. SHIPPING AND DELIVERY: After we have successfully confirmed your payment, we will process your order within 3 days and dispatch it to the shipping address you submitted on the order checkout page or your account area. You are responsible for submitting a valid shipping address, or you’ll bear any losses from an inaccurate shipping address. You may learn more about shipping and its costs by reviewing our Shipping and Refund Policy.
12. CANCELATION, RETURN AND REFUNDS: You may cancel your order before we confirm your payments or dispatch your order. Once your order has been dispatched, cancelation may become unavailable. You may cancel your order via the order page.
We accept returns and refunds (or replacements) for wrong or damaged deliveries. Please, review our Shipping and Refund Policy for detailed information about the terms and conditions associated to returning and refunds.
13. TITLE AND RISK OF LOSS: Upon successfully delivering your order, the title and risk of loss automatically pass to you. At that point, any and all damages to it shall become your responsibility (except where the damage is from transit or factory).
14. BREACH OF THE TERMS: If any you violate any provision of the Terms or any applicable law, we can, without limitation: (i) ban you from the Platform; (ii) disclose your identity to authorities and assist in investigations; (iii) delete or moderate your content; and (iv) take any other action available under law.
15. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
EVERYTHING WE PROVIDE ON THE PLATFORM IS ON AN “AS IS” BASIS, TO BE RELIED ON AT YOUR OWN RISK. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, SAFETY, FREEDOM FROM DEFECTS (OR THAT DEFECTS WILL BE CORRECTED), VIRUS-FREE, OR ERROR-FREE PERFORMANCE. OTHER THAN THE WARRANTIES PROVIDED ON OUR PRODUCTS, THERE ARE NO OTHER WARRANTIES.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, OUD AVENUE (OR AFFILIATES, LICENSORS, DIRECTORS, AND EMPLOYEES) SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE FEES WE RECEIVED FROM YOU, IF ANY, IN THE PAST 6 MONTHS OR A SUM OF 1000USD (WHICHEVER IS GREATER). SOME LOCATIONS DO NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES. IF YOU RESIDE IN SUCH LOCATIONS, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IF YOU RESIDE IN THE STATE OF CALIFORNIA, YOU MAY WAIVE CALIFORNIA CIVIL CODE SECTION 1542: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS, WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
16. INDEMNIFICATION: You hereby agree to indemnify and hold Oud Avenue (including its suppliers, agents, licensors, directors, and employees) harmless from and against any losses, damages, claims, liabilities, expenses, and demands made by any third party as a result of your use of the Platform: your purchase and use of our products; your contributed content, including reviews; or your breach of the Terms, warranties, or any applicable law.
17. ARBITRATION; CLASS ACTION WAIVER
Arbitration
Any controversy or claim arising out of or relating to the Terms, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules, and the judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration will be based on the submission of documents, and there shall be no in-person or oral hearing. Each party shall bear its own costs and expenses and an equal share of the arbitrators' and administrative fees of arbitration. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. The parties agree that the failure or refusal of a party to pay its required share of the deposits for arbitrator compensation or administrative charges shall constitute a waiver by that party to present evidence or cross-examine witnesses. In such an event, the other party shall be required to present evidence and legal argument as the arbitrator(s) may require for the making of an award. Such waiver shall not allow for a default judgment against the non-paying party in the absence of evidence presented as provided for above. You understand that this section means that, by using the Platform, you agree to arbitrate, thus, waiving your rights to sue in court and have a jury trial.
Class Action Waiver
You acknowledge and agree that you waive your right to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and we otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding.
18. GENERAL- Entire agreement: The Terms (and all applicable agreements) form the entire agreement between you and Oud Avenue in relation to your use of the Platform and Services, and the Terms supersede any and all previous agreements and understandings that may have existed before the Terms.
- Communications: You agree that we can communicate with you electronically, via SMS, email, or phone calls. All electronic communications shall have the same legal force as if they were in paper form.
- Relationship of the Parties: You and us are in an independent contractor relationship with respect to each other. This means that there is no partnership, joint venture, employer/employee, or any similar arrangement between us as a result of your use of the Platform.
- Force Majeure: We will not be liable for failure to perform any obligations to the extent that the failure is caused by any event out of reasonable control, including, without limitation, acts of God, riot, civil disturbances, acts of terrorism, fire, explosion, flood, epidemic, national mourning, theft of essential equipment, malicious damage, strike, lockout, weather, third party injunction, acts, or regulations of national or local governments.
- Severability: If any part of the Terms is found to be unenforceable, then only that particular portion, and not the entire Terms, will be unenforceable.
- Assignment: We have the right, at our sole discretion, to assign or subcontract our rights or obligations outlined in the Terms. You, on the other hand, may not assign your rights under the Terms to a third party without written agreement from us.
- Waiver: Our failure to exercise any of our rights under the Terms shall not be considered a waiver to exercise them in other instances. No waiver shall be effective unless it is in writing signed by us.