Terms & Conditions
Welcome to the Fairlight Fragrance e-commerce Website, www.FairlightFragrance.com ("Website"). Fairlight Fragrance (“Fairlight”) provides the content and services available on the Website to you, subject to the following terms and conditions ("Terms and Conditions"). By using this Website, whether by purchasing any products from our site or by downloading any information from the site or otherwise, you indicate your acceptance of these terms and conditions and agree that you will be bound by and subject to these terms and conditions. In the event of a violation of any of these terms and conditions, Fairlight reserves the right to deny future access to the Website and to seek all remedies available at law and in equity.
2. Use of Material from this Site
This site (including all contents) is the property of Fairlight and is protected by copyright, trademark, and other laws of the United States and other countries. We authorize you to browse through the site and print and download copies of material on the site for your personal, non-commercial use only, so long as you do not remove any copyright or other notices that appear on the material you print or download. You agree that you will not otherwise copy, display, or transmit any material on the site in any manner or medium. You also agree not to modify, sell, broadcast, or distribute any material on the site in any manner or medium, including by uploading the material or otherwise making the material available online. We reserve the right, with or without notice, to cancel or reduce the quantity of any orders that we believe, in our sole discretion, may result in the violation of our Terms and Conditions. Fairlight reserves the right to cancel any online order for any reason.
3. Accuracy of Information
We attempt to be as accurate as possible when describing our products on the Website; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colors or other content available on the Website are accurate, complete, reliable, current, or error-free.
4. Intellectual Property
All content available on the Website, including but not limited to text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and arrangement thereof (collectively, the "Content") is the property of Fairlight Fragrance, our affiliates, partners or licensors, and is protected by United States and international copyright laws.
The trademarks, logos, and service marks displayed on the Website (collectively, the "Trademarks") are the registered and unregistered marks of Fairlight Fragrance, our affiliates, partners or licensors, in the United States and other countries, and are protected by United States and international trademark laws.
Except as required under applicable law, neither the Content or Trademarks nor any portion of the Website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our prior written consent. Requests for permission should be directed to our corporate office at the following address:
17120 Kingsview Avenue
Carson, CA 90746
5. Your Obligations and Responsibilities
6. Your Account
You may choose to register an account on our Website. If you do, you will have an email address/username and password for your account. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account, username and/or password. You agree to provide only accurate, truthful information. We reserve the right to refuse service and/or terminate accounts without prior notice if you violate these Terms and Conditions or if we decide, in our sole discretion.
7. Applicable Law
By visiting FairlightFragrance.com, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and FairlightFragrance.com or its affiliates.
By using this Website, including by virtue of purchasing products hereon, you agree to submit to the jurisdiction of the state of California and agree that it shall serve as the sole and exclusive venue for any disputes relating to this Website. Any claim or cause of action brought by you with respect to matters related to the Website, including these terms and conditions, must be brought in a state or federal court located in the state of California and must be commenced no later than one year after the claim arises.
If any provision of these terms and conditions is deemed to be void, unlawful or unenforceable for any reason, all other provisions contained herein shall remain in full force and effect. These terms and conditions constitute the entire agreement between the parties as to matters relating to this Web Site and may only be modified by a writing signed by both parties.
8. Third Party Sites
As a convenience to you, and for informational purposes only, Fairlight may from time to time provide links to web sites operated by other entities unrelated to Fairlight. If you use any such link, you acknowledge that you will be leaving this Web Site to visit another. If you decide to visit any linked site, you do so at your own risk. Fairlight expressly disclaims any responsibility, liability, warranty or representation regarding any linked site or the information, materials, content, products or services contained in or provided by such site. Moreover, providing such a link in no way implies that Fairlight endorses or adopts any information, articles, products, services, or other materials appearing on or provided by the linked site, and Fairlight expressly disclaims any such endorsement.
Any unsolicited suggestions, ideas, inquiries, materials, feedback, or other information you provide us will be treated as non-proprietary and non-confidential and, by submitting such information, you hereby grant us a nonexclusive, royalty-free, perpetual, transferable, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute and display such information in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works. You also acknowledge that your submission of information may not be returned and we may use your submission, and any ideas, concepts or know how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products.
10. Representations and Warranties; Limitation of Liability
THE WEBSITE IS PRESENTED "AS IS." WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE WEBSITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. WE ARE NOT RESPONSIBLE FOR TIMELINESS, ACCURACY, UNAVAILABILITY OR INTERRUPTIONS IN AVAILABILITY, VIRUSES OR OTHER DEFECTS IN THE WEBSITE OR ITS CONTENTS. IN NO EVENT WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00).
11. Fraud Protection
We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If such is the case, we may reject your order or our Customer Service department may call you at the phone number you provided to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We reserve the right to cancel any order using any promotion or promotional code, at our sole discretion. If any order cancellation occurs you will be credited in full for the cancelled order(s). We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.
With respect to any dispute regarding the Website, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of California, as if the Terms and Conditions were a contract wholly entered into and wholly performed within the state of California.
We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Website. Any changes are effective immediately upon posting to the Website. Your continued use of the Website constitutes your agreement to all such terms and conditions.