Terms of Use
ROAN Fragrances Terms of Use
Last Updated: 12/7/2023
TABLE OF CONTENTS:
1. AGREEMENT TO OUR LEGAL TERMS
2. CHANGES TO TERMS OF USE
3. OUR INFORMATION
4. OUR ONLINE STORE IS HOSTED BY SHOPIFY INC.
5. TERMS OF SERVICE
5.1. USER REPRESENTATIONS
5.2. PRODUCTS AND SERVICES
5.4. INTELLECTUAL PROPERTY
5.5. PROHIBITED ACTIVITIES
5.6. THIRD-PARTY WEBSITES
5.7. DAMAGE TO YOUR DEVICE
5.8. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
5.9. PERSONAL INFORMATION
5.10. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
5.11. INDEMNIFICATION
5.12. SEVERABILITY
5.13. TERMINATION
5.14. GOVERNING LAW
5.15. DISPUTE RESOLUTION
5.16. ENTIRE AGREEMENT
1. AGREEMENT TO OUR LEGAL TERMS
This Site is operated by Wayfarer Inc. d.b.a. ROAN Fragrances (“ROAN Fragrances”, “Company”, “we”, “us”, “our”). ROAN Fragrances offers this website at roanfragrances.com (the “Site”), including all information, products, tools and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our Site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Use”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Use apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Use carefully before accessing or using our Site. By accessing or using any part of the Site, you agree to be bound by these Terms of Use. If you do not agree to all the terms and conditions of this agreement, then you are prohibited from accessing the Site and/or using any Services offered by ROAN Fragrances, and must discontinue use immediately.
2. CHANGES TO TERMS OF USE
ROAN Fragrances reserves the right to update, change or replace any part of these Terms of Use without notice. Upon doing so, we will post updates and/or changes to this page. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.
3. OUR INFORMATION
ROAN Fragrances is a C corporation registered in New York, United States. Our address is 1632 First Avenue, Unit 104, New York, NY 10028, United States.
You may contact us either via email at legal@roanfragrances.com or by mail to our address with the attention of Legal Department.
4. OUR ONLINE STORE IS HOSTED BY SHOPIFY INC.
Our online store made available through the Site is hosted and powered by Shopify Inc. They provide us with the online e-commerce platform that allows us to provide the Service to you. Any new features or tools that are added to the Site shall also be subject to Shopify’s Terms of Use. You can review the most current version of Shopify's Terms of Use at any time at https://www.shopify.com/legal/terms.
5. TERMS OF SERVICE
5.1. USER REPRESENTATIONS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Service.
5.2. PRODUCTS AND SERVICES
The following terms apply when you purchase a product on our Site:
- We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was placed.
- This Site is intended for sale of products from ROAN Fragrances directly to consumers. Purchase for resale is strictly prohibited. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. If you would like to place an order of ROAN Fragrances products for resale, please contact support@roanfragrances.com
- All prices are shown in U.S. dollars. Taxes, shipping, and handling charges are additional. All prices and taxes are subject to change or adjustment without notice. We reserve the right to explore or modify any promotion at any time. You are responsible for paying all costs associated with your purchase, and for promptly providing accurate and current payment information, including your email address and credit card details so that we can complete your transactions and contact you as needed.
- You agree to pay the shipping and handling charges shown on the Site when your order is placed. We reserve the right to increase, decrease and add or eliminate charges without prior notice. Any shipping or handling charges may or may not reflect actual costs. All shipping times on our Site are estimates only - actual delivery times may vary. You are solely responsible for providing all necessary information for us to ship purchased products to you.
- All products are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order, and to discontinue products and services at any time without notice, even for active orders that are already placed.
- Promotional codes can be specific to dates, products, or minimum total amount. You cannot combine promotional codes and sales with any other codes. Limit one promotional code per order. Promotional codes cannot be used towards gift card purchases. Promotional codes cannot be used for any past purchases, and are non-transferable, and are non-refundable. All promotional codes are subject to change at any time without notice.
- Products listed on the Site are offered and sold “as is” and without warranties. To the extent permitted by law, ROAN Fragrances makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property, or other violation of rights.
- We have made every effort to display as accurately as possible the colors and images of our products. The packaging of our products may vary from that shown. The weights and dimensions of our products are approximate only. The actual colors you see will depend on your personal electronic equipment. We cannot guarantee your monitor’s display of any color to accurately reflect the color of the merchandise on delivery.
- Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Site or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Site or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Site or on any related website, should be taken to indicate that all information on the Site or on any related website has been modified or updated.
- All orders will adhere to the Returns Policy. Please review the policy before making a purchase.
5.4. INTELLECTUAL PROPERTY
All content available on the Site, including but not limited to text, graphics, logos, images, audio, media and video (collectively, the “Content”), and all trademarks, logos, and service marks displayed on the Site (collectively, the “Trademarks”) are owned by or licensed to ROAN Fragrances, and are protected by applicable copyright and trademark law.
Subject to compliance with these Terms, including “PROHIBITED ACTIVITIES'' section below, we grant you a non-exclusive, non-transferable, revocable license to download, print, or share any portion of the Content to which you have properly gained access for lawful, personal, and non-commercial transitory use. When you download, or print the Content, you must not make any additions or deletions or otherwise modify the Content from our Site in any way.
Except as set out in this section or elsewhere in our Terms, neither the Content and Trademarks nor any portion of the Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified or otherwise exploited, in whole or in part, for commercial purpose without prior written consent.
ROAN Fragrance’s intellectual property may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits ROAN Fragrances or its products and services.
5.5. PROHIBITED ACTIVITIES
In addition to other prohibitions as set forth in these Terms, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
5.6. THIRD-PARTY WEBSITES
Certain content, products and services available via our Service may include materials from third parties. Third-party links on the Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review the third-party's policies and practices carefully and make sure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the third party.
5.7. DAMAGE TO YOUR DEVICE
ROAN Fragrances relies on Shopify Inc. to ensure that the Site is free from viruses or defects. However, we cannot guarantee that your use of the Site or any websites accessible through it (including third-party websites) will not cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the Site and screen out anything that may damage it. ROAN Fragrances will not be liable to any person for any loss or damage that may arise from computer equipment as a result of using the Site or any related or third-party websites.
5.8. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example, product reviews, blog comments, and contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or that violates any party’s intellectual property or these Terms.
You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third party.
5.9. PERSONAL INFORMATION
We care about data privacy and security. Your submission of personal information through the Site is governed by our Privacy Policy. Please review the policy page here.
5.10. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Site will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Site will be accurate or reliable. You agree that from time to time we may remove the Site for indefinite periods of time without notice.
In no case shall ROAN Fragrances, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of our Site or any products procured from the Site, or for any other claim related in any way to your use of the Site or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Site or any content (or product) posted, transmitted, or otherwise made available via the Site, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
5.11. INDEMNIFICATION
You agree to indemnify, defend and hold harmless ROAN Fragrances and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
5.12. SEVERABILITY
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from the Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.
5.13. TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Use are effective unless and until terminated by either you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Service, or when you cease using our Site.
If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Use, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
5.14. GOVERNING LAW
These Terms and your use of the Service are governed by and construed in accordance with the laws of the State of New York without regard to its conflict of law principles.
5.15. DISPUTE RESOLUTION
Negotiation
To expedite resolution and control the costs of any dispute, controversy, or claims related to these Terms (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively “Parties”), the Parties agree to first attempt in good faith to negotiate any Dispute informally for at least (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Arbitration
Any Dispute not resolved in writing by negotiation shall be subject to and be settled exclusively by final binding arbitration conducted by a single neutral arbitrator in New York or a mutually agreed location in accordance with the then-prevailing Consumer Arbitration Rules of the American Arbitration Association (“AAA”). No party may commence arbitration with respect to any Dispute unless that party has pursued negotiation.
The costs of the negotiation and arbitration, including fees and expenses of any mediator, arbitrator, the American Arbitration Association, or other persons independent of all parties acting with the consent of the parties to facilitate settlement, shall be shared in equal measure by the user of the Site, on the one hand, and ROAN Fragrances and any related parties involved, on the other. The Parties shall bear their own legal fees and expenses of negotiation and arbitration.
In no event shall any Dispute brought by either Party related in any way to the Services be commenced more than (1) year after the cause of the action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling under that portion of the provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed in the jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
Class Action Waiver
By agreeing to these Terms of Use, you understand and agree that you will waive your right to have any Dispute brought, heard, or arbitrated as a class action, collective action or representative action (the “Class Action Waiver”). Notwithstanding any other clause contained in these Terms or the rules of the American Arbitration Association, any claim that all or part of this Class Action Waiver is invalid, unenforceable, unconscionable, void or voidable must be determined only by a court of competent jurisdiction and may not be determined by an arbitrator.
5.16. ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
These Terms of Use and any policies or operating rules posted by us on this Site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use).
Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.