Terms Of Sale

About Our Terms of Sale

The following terms (“Terms of Sale”) govern purchases made by any person (including consumers) on the PARFUMERY inc. (“PARFUMERY”, “we”, “us”, “our”) website, available at www.PARFUMERY.co (the “Website”). Please review these Terms of Sale carefully. By proceeding to place an order, you agree to be bound by all the Terms of Sale set forth herein. If you do not agree with these Terms of Sale, do not place an order on the Website. A copy of these Terms of Sale may be downloaded, saved and printed for your reference.

Ordering Process

To place an order on the Website, you can register and create an account, or you can place an order as a guest. Receipt of your order will be confirmed via an automatic email to the email address associated with your account (or, if you are a guest, to the email address you provide to us when you place your order). Such email is a confirmation that your order has been received by PARFUMERY. PARFUMERY reserves the right, at its sole discretion, to cancel or refuse any order for any reason. Once PARFUMERY receives payment and ships your order, you and PARFUMERY will be parties to a legally binding contract that consists of your invoice and these Terms of Sale. Some situations that may result in your order being cancelled or refused are (i) limitations on quantities available for purchase; and (ii) inaccuracies or errors in product or pricing information. We may also require additional verifications or information before accepting any order. PARFUMERY will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, we will issue a credit in the amount of your charge to your credit card.

Prices and Currency

The prices displayed on the Website are shown in United Arab Emirates AED. Shipping and handling fees and taxes are listed, if applicable. You are responsible for the payment of any shipping and handling charges and any federal or provincial taxes that may apply to your order. These charges are added to the invoice price during the order process.

All amounts payable pursuant to the contract formed by the invoice and these Terms of Sale are in United Arab Emirates AED.

Payment Method

You may pay for your purchase using a Visa or MasterCard credit card. You authorize PARFUMERY to charge the applicable card the amount of the invoice. You represent and warrant that you are the authorized cardholder of the applicable credit card. If your card is rejected by the card issuer, your order will not be shipped and PARFUMERY will have no obligation to fulfill your order. All billing and registration information provided by you to PARFUMERY must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of these Terms of Sale.

Availability and Descriptions

The purchase of products on the Website is subject to their availability. If the product you request is not available at the time of your order, PARFUMERY will have no obligation to fulfill your order and you will have no obligation to pay PARFUMERY for the order. Although we strive to update and keep accurate product and pricing information on the Website, errors and/or omissions may occur. If an item is listed at an incorrect price or with incorrect information, PARFUMERY shall have the right, at its sole discretion, to refuse or cancel any orders placed for that item. If an item is incorrectly priced, we will notify you of such cancellation.

Products displayed on the website may not be always available and products and prices may be changed, and products substituted or discontinued at any time. While we attempt to provide an accurate description of items available for purchase on the website, we do not warrant the accuracy, completeness, reliability, or currency of such descriptions.

From time to time, the Website may be down or otherwise unavailable for maintenance, upgrades or other purposes. PARFUMERY reserves the right to take the Website down, or otherwise make any changes to the URL or content therein, without notice to you. PARFUMERY is not liable to you for anything (including losses, costs, fees, or expenses) in connection with the Website being unavailable.

Quantity Limits and Items for Resale

PARFUMERY reserves the right, at its sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit card, and to orders that use the same billing and/or shipping address. We will provide notification to you should such limits be applied. PARFUMERY also reserves the right, at its sole discretion, to prohibit sales to dealers or resellers.

Title to Products

Once PARFUMERY receives payment for your order and the product(s) leave PARFUMERY’s facilities, the product(s) belong to you. In legalese, all right, title and interest in the product(s) included in you order transfers from PARFUMERY to you at that point.

Delivery/Shipping

PARFUMERY delivers products to all cities in the United Arab Emirates only and does not offer international shipping. Shipping is done by a third-party courier.

Standard delivery will cost AED 20 and take 5 working days within UAE. Express delivery costs AED 35 and takes 2 working days. Avoid any delivery delay by providing your full address along with your contact details.

Your order will be shipped to the delivery address specified by you during the order process, via the method of delivery specified by you. Legally, all risk of loss or damage to the product(s) you ordered is with you once the product(s) leave PARFUMERY’s facilities. PARFUMERY is not responsible for any loss of the product(s) following shipment from PARFUMERY’s facilities to your delivery address, however PARFUMERY is not a faceless corporation built on the foundation of robbing customers. If your product(s) get lost in transit, simply reach out to us via our Contact form and we’ll work with you to ensure you get what you paid for.

Cancellation / Returns

Except for any statutory rights of cancellation that you may have under applicable provincial consumer protection laws, once you place your order you cannot cancel it. Given the customized nature of PARFUMERY’s products, products purchased cannot be returned or exchanged without express authorization from a PARFUMERY representative. Refunds can be provided for products that are damaged before delivery to you. Refunds can also be provided for products bearing a custom logo or other artwork that does not match the logo or other artwork requested by you. If you receive your order and any products appear to be damaged or do not bear the custom logo or other artwork requested by you, please contact us promptly at the contact details set out below. Returns for unopened, unused merchandise that does not bear any logo or other artwork may be eligible for a refund minus the shipping amount, provided that the merchandise arrived in a damaged condition.

In case the above conditions are met, we accept returns within 7 days of receipt, please ship your products back to us using a registered courier service and we will issue a full refund. Please note that we reserve the right to refuse any returned shipments if the product has been used or tampered with. Shipping & Handling fees are non-refundable. Refunds will be made onto the original mode of payment and will be processed within 10 to 45 days depends on the issuing bank of the credit card.

No Warranties

When you place an order, you buy the product(s) on an “as is” basis. To the maximum extent permitted by law, PARFUMERY disclaims all warranties with respect to its product(s), including any warranties of merchantability, non-infringement and fitness for a particular purpose. Because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you.

Limitation of Liability

PARFUMERY’s liability under the contract formed by your invoice and these Terms of Sale shall be strictly limited to the total amount payable by you for the product(s) as set out in your invoice excluding any applicable shipping fees, handling fees, customs duties and taxes. In addition, PARFUMERY’s liability shall be further limited to actual damages suffered. Under no circumstances is PARFUMERY liable for SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL LOSSES OR DAMAGES. This paragraph is intended to survive the termination, expiry or performance of this contract.

Language

By placing an order and entering into this contract with PARFUMERY formed by the invoice plus these Terms of Sale, you agree that said agreement and all related documents are to be drafted in the English language. The agreement may be translated into another language, but in the event of any diversion between the English version and any other version, the English version shall prevail.

Governing Law

The contract formed by the invoice and these Terms of Sale will be governed by the laws of the United Arab Emirates, applicable therein without regard to the laws of any other jurisdiction. You and PARFUMERY agree to exclude applying to this contract the United Nations Convention on Contracts for the International Sale of Goods.

Dispute Resolution – Arbitration

If there is a dispute, controversy or claim between you and PARFUMERY in connection with the contract formed by the invoice and these Terms of Sale, including any questions regarding the contract’s validity, existence, or termination, the parties agree to submit the matter to confidential and binding arbitration. The arbitration will be conducted as follows:

1. Arbitrator – PARFUMERY will select one (1) single arbitrator to conduct the hearing.
2. Electronic Hearing – The arbitration hearing shall be conducted by videoconference. PARFUMERY may, in its discretion, allow the hearing to be conducted by teleconference or via another technology, so long as all the parties can communicate simultaneously. All notices, submissions, arguments, and evidence will be submitted electronically, whether by email, cloud-sharing service, or other method of electronic communication acceptable to the arbitrator and PARFUMERY.
3. Arbitration Seat – Irrespective of the fact that the arbitration is being conducted electronically (whether by videoconference, teleconference or otherwise), the seat of the arbitration will be deemed as Dubai, United Arab Emirates.
4. Language – The language to be used in the arbitral proceedings shall be English.
5. Jurisdiction – The arbitrator will have jurisdiction to final and conclusively resolve the dispute, controversy, or claim. The parties hereby irrevocably submit and attorn to that arbitrator’s jurisdiction. Without limiting the generality of the foregoing, the arbitrator’s authority will specifically include a) any power granted to the arbitrator under the Arbitration Act (Dubai); and b) the power to award costs (including arbitration costs, legal fees and disbursements) on a partial or full indemnity basis as determined by the arbitrator in the manner which the arbitrator considers appropriate under the circumstances.
6. Rulings – Any judgment, decision or award rendered by any arbitrator pursuant to this section shall:
   1. be final and binding upon you and PARFUMERY;
   2. not be the subject of any further court proceedings except in connection with the enforcement of any such award by a court of competent jurisdiction; and
   3. be disclosed only to the party’s auditors, accountants, lawyers, and other professional advisors. However, the ruling may only be disclosed on the condition that it be kept confidential by the recipient. Save and except for the disclosures, the ruling shall be kept strictly confidential and shall not be disclosed to any other person unless so required by law for enforcement or other purposes.

Forum

If the arbitration claim above gives rise to any legal proceedings for any purpose whatsoever (such as, by way of example, a dispute over procedure), the parties hereby elect the judicial district of Dubai, United Arab Emirates as the proper forum for the hearing of said claims or said legal proceedings to the exclusion of any other judicial district which may have jurisdiction to hear such dispute according to the appropriate laws. Said legal proceedings shall be submitted to and subject to the jurisdiction of the courts of the Dubai which shall have exclusive jurisdiction in connection with such matters. Where such circumstances arise, the parties hereby irrevocably submit and attorn to the exclusive jurisdiction of such courts to finally adjudicate and determine issues contemplated in that proceeding.

General

These Terms of Sale constitute the entire agreement between you and PARFUMERY with respect to your purchase of products through the Website. If any provision of these Terms of Sale is held to be invalid or unenforceable, such provision will be severed from the Terms of Sale and the remaining provisions shall remain in full force and effect. The delay or failure of PARFUMERY to act with respect to a breach by you or others of the contract created by these Terms of Sale does not constitute a waiver and shall not limit PARFUMERY’s rights with respect to such breach or any subsequent breaches. All waivers shall be in writing. PARFUMERY shall not be liable for any delay or failure to perform any of its obligations under these Terms of Sale if such delay or failure is due to causes beyond its control, such as by way of example, snowstorms, ice-storms, flooding, hurricanes, and other inclement weather. You may not assign these Terms of Sale to any other person without the prior written consent of PARFUMERY. PARFUMERY may assign any of its rights hereunder to any other person or persons at any time without notice to you. These Terms of Sale will be binding upon and will ensure to the benefit of (i) you and your heirs, executor, administrator, and other legal representatives; and (ii) PARFUMERY and its successors and assigns. Notwithstanding any other provision of these Terms of Sale, any provision of these Terms of Sale that imposes or contemplates continuing rights or obligations on you or us will survive the expiration or termination of the contract formed by the Terms of Sale and the invoice.

Honest Performance

You and PARFUMERY hereby agree to perform the obligations herein honestly. A party shall not mislead or misrepresent to any other person any matter in connection with this contract including the terms herein or any aspect of performance hereunder.

Notice

Notices to you may be made via email or some other form of electronic communication., or in cases of changes to these Terms of Sale, by posting notices or links to such notices on the Website itself. You may send PARFUMERY a notice by using the Contact Form on the Website.