OVERNIGHT PERFUME: Terms and Conditions
Please review the following terms and conditions of use, which govern your use of the Site (the "Agreement").
Your use of the OVERNIGHT PERFUME website constitutes your agreement to follow and be bound by the Agreement. We reserve the right to update or modify this Agreement at any time without prior notice. For this reason, we encourage you to review the Agreement whenever you use the Site. If you do not agree to these terms, please do not use the Site.
Site Transactions
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 we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
Site Contents
Unless otherwise noted, the Site, and all materials on the Site, including text, images, illustrations, designs, icons, photographs, video clips and other materials, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the "Contents"), are owned, controlled or licensed by Overnight Perfume, and other trademarks appearing on the Site are the trademarks of Overnight Perfume and/or its subsidiaries.
The Site and the Contents are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the Site.
Unless otherwise specified, the Site and the Contents are intended to promote Overnight Perfume's products and services available in the United States.
User Comments, Feedback, and Other Submissions
All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to Overnight Perfume, whether online, by email, by postal mail, or otherwise ("Comments") shall be and remain Overnight Perfume's property. Your disclosure, submission or offer of any Comments shall constitute an assignment to Overnight Perfume of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments, and Overnight Perfume shall not be limited in any way in its use, commercial or otherwise, of any Comments. Overnight Perfume is 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. Overnight Perfume has the right but not the obligation to monitor and edit or remove any Comments.
You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy 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 Sites. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Overnight Perfume or third parties as to the origin of any Comments. You are solely responsible for any Comments you make. Overnight Perfume takes no responsibility and assumes no liability for any Comments posted by you or any third party.
Product Information
Many products displayed on the Site are available in select Overnight Perfume stores in the United States and, in some cases, select foreign markets. The prices displayed on the Sites are quoted in U.S. Dollars.
Certain products are available exclusively online through the Site. These products may have limited quantities and are subject to return or exchange only through the Site according to the applicable return policy.
Errors, Inaccuracies, and Omissions
Occasionally there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, 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 is inaccurate at any time without prior notice (including after you have submitted your order).
Colors
We have made every effort to display as accurately as possible the colors of our products that appear on the Site. We cannot guarantee that your computer monitor's display of any color will be accurate.
Links to Other Web Sites and Services
The Site may contain links to other Web sites that are not under the control of Overnight Perfume. Overnight Perfume has no responsibility for the linked Web sites nor does linking constitute an endorsement of any linked Web site. Links are provided solely for the convenience and information of the Site's users.
Disclaimer
The materials on the Site are provided "as is" without warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property. Overnight Perfume expressly disclaims any duty to update or revise the materials on the Site, although Overnight Perfume may modify the materials at any time without notice. Your use of the Site is at your sole risk, and you assume full responsibility for any costs associated with your use of the Site. Overnight Perfume shall not be liable for any damages of any kind related to your use of the Site.
Indemnification
You agree to defend, indemnify and hold Overnight Perfume harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Sites and/or your breach of any representation, warranty, or other provision of the Agreement.
Dispute Resolution
Mindful of the high cost of litigation, not only in dollars but also in time and energy, both you and Overnight Perfume agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Site, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it ("Dispute"), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent (1) to Overnight Perfume at: 27 East Flager St., Miami FL 33131, or (2) to you at: your last-used billing address or the billing and/or shipping address in your online profile. Both you and Overnight Perfume agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any litigation or filing any claim against the other party.
Choice of Law
This Agreement shall be construed in accordance with the laws of the State of Florida, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and/or federal courts of the State of Florida. The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of Overnight Perfume's right to require strict observance of each of the terms herein. If any provision of the Agreement is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. This Agreement constitutes the entire agreement between us relating to your use of the Site.
Termination
These terms are effective unless and until terminated by either you or Overnight Perfume. You may terminate this Agreement at any time. Overnight Perfume also may terminate this Agreement at any time without notice, and accordingly may deny you access to the Site, if in our sole judgment you fail to comply with any term or provision of the Agreement. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.
Privacy Notice
We are committed to protecting your privacy. We will only use the information that we collect about you lawfully (in accordance with the Data Protection Act 1998). We collect two types of information about you: general, anonymous information and information you provide to us. We collect this information for two reasons: firstly, to gather anonymous, aggregate data that will allow us to better tailor our site to our customers' needs and second, to contact those customers who request further
information about our services. We will not e-mail you in the future unless you have given us your consent. We do not currently send marketing materials of any type to individuals who have provided us with specific, personally identifiable information. If we do so in the future, we will give you the opportunity to refuse any marketing materials from us.
Information Provided By You
The type of information that you can voluntarily provide via our website may include:
* Name
* Address
* Phone number
* Email address
We will never collect sensitive information about you without your explicit consent.
The information we hold will be accurate and up to date. You can check the information that we hold about you by emailing us. If you find any inaccuracies we will delete or correct it promptly. The personal information which we hold will be held securely in accordance with our internal security policy and the law.
Anonymous Information
Our Cookies
Your browser offers so-called "cookies", which - if you allow their use - store small amounts of data on your computer about your visit to any of our sites. Cookies assist us in tracking which of our features you like best. And when you re-visit our sites, cookies can enable us to customize our content according to your preferences. However, cookies tell us nothing about you personally unless you
specifically give us additional information.
We may use cookies to:
# Keep count of your return visits to our site or our clients' sites
# Accumulate and report anonymous, aggregate, statistical information on Web site usage
# Deliver content specific to your interests
We do not use cookies to identify, monitor or track any personally identifiable information. Our cookies in and of themselves do not contain any personally identifiable information about you. We do not merge or associate our cookie information with any personally identifiable information obtained by us or from third parties. In addition, you also have choices with respect to cookies. By modifying your browser preferences, you have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. For more information on how to modify your browser settings to block or filter cookies, see http://www.cookiecentral.com/faq/.
However, note that if you reject some or all cookies, your experience at our site and on other sites throughout the World Wide Web may not be complete. Some sites require cookies to function, such as those with e-commerce features. In addition, if you do not allow cookies, you will not be able to take advantage of personalized content delivery offered by us or other Internet sites. If you have any questions/comments about privacy, please contact us at webmaster@overnightperfume.com or Overnight Perfume at: 27 East Flager St., Miami FL 33131.
Return Policy
All returns and exchanges must be authorized.
* 30-day full refund on all qualifying returns
* 60-day exchange/store credit period on qualifying returns
* Free return labels (US orders only)
Returns & Exchanges
Domestic and international returns received within 30 days from the date the order was shipped are eligible for a full refund in accordance with the original payment method. All international exchanges will incur additional shipping charges provided they are received within 60 days of the ship date. Items must not have been worn or washed, and all original tags must be attached. Refund procedures may take 7-14 business days, you will receive an email notification upon completion. Items that are shipped after 30 days but before 60 days qualify for store credit or an exchange. Store Credits are processed within 3 business days of receipt. While we do not refund shipping fees on any order, free return labels are provided to all US customers. These labels will be electronically generated and sent to the email address associated with the order within 24 hours of the RA request. Only one return
label will be issued per order.
The recipient of an international shipment may be subject to import duties and taxes, which are levied once a shipment reaches your country. Additional charges for customs clearance must be borne by the recipient; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country; you should contact your local customs office for further information. We do not refund customs, duties or taxes associated with International returns.
Footwear
It is recommended that footwear is tried on in a clean, carpeted area, as shoes may only be returned in new condition with no streaks or scuffs.
Underwear & Swimwear
Due to hygienic concerns, underwear and swimwear may not be returned or exchanged.
Sale Items
Items that are purchased at a discount of 30% or less off the original sale price are considered "Sale Items". Sale items qualify for exchange/store credit ONLY. Sale items must be postmarked (shipped) within three (3) days of your orders arrival date.
Clearance Items
All items purchased at a discount greater than 30% are considered "clearance items" and therefore are a final sale.
Note: A restocking fee may apply to returns/exchanges that do not meet the above guidelines.
ONLINE SECURITY
At overnightperfume.com, all of your personal information is protected by our Secure Server Software (SSL) which fully encrypts and protects all of your personal data (name, address, credit card number) so that it can not be read by anyone over the internet.
RETURN POLICY
You may return any unopened merchandise in its original condition, including original packaging and packing slip within 30 days of receipt and you will receive a full refund less shipping and any gift wrapping charges.
We charge a 20% restocking fee for any merchandise not returned in its original condition and packaging.
Any shipping cost you incur to return the product to us will not be refunded.
Shipping cost is non-refundable for undelivered, unclaimed or returned packages, unless we made an error.
We do not offer refunds or exchanges on Skincare items due to health reasons. Please make your selections carefully.
