Terms of Use

TERMS OF USE

These are the terms of use and sale (“Terms of Use”), which set out the terms and conditions under which you are permitted to use our website, https://www.parfumdeazalea.com (the “Site”), and permitted to purchase goods or services from us. By using the Site, you agree to be bound by, and to comply with these Terms of Use, including any documents referred to herein. You may be accessing our Site from a computer or mobile device (through a smartphone application, for example) and these Terms of Use govern your use of our Site and your conduct, regardless of the means of access. 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.

These Terms of Use are effective from May 1, 2021 and may be updated with ten (10) days’ notice of any material changes.

Please read these Terms of Use carefully. We recommend that you print a copy of these Terms of Use for your records, as well as any future versions of them, as we may update them from time to time.

YOUR ATTENTION IS PARTICULARLY DRAWN TO PARAGRAPHS 17 (EXCLUSIONS AND LIMITATIONS OF LIABILITY), 18 (INDEMNIFICATION), 19 (DISCLAIMERS), AND 24 (DISPUTE RESOLUTION).

If for any reason whatsoever you do not agree to these Terms of Use or do not wish to be bound by them, you must not access or use the Site.

1. OUR CONTACT INFO

Merveilleux LLC (we, our and us, hereinafter referred to as “MVX”) operates the website. MVX is incorporated in California, USA. Our mailing address is 7190 W Sunset Blvd #31, Los Angeles, CA 90046, USA. Our contact email address is support@mvxbeauty.com.

2. RESPONSIBILITY FOR OTHERS WHO ACCESS THE SITE USING YOUR DEVICE OR INTERNET CONNECTION

You must make sure that any persons who access the Site on your computer(s) or device(s), or who are permitted or able to access the Site on your computer(s) or device(s), or who use your internet connection, are aware of these Terms of Use and all other documentation referred to in them, and that any such persons also agree to be bound by and to comply with these Terms of Use. If for any reason whatsoever, those persons do not agree to these Terms of Use or do not wish to be bound by them, they must not access or use the Site, and you must not permit them to do so.

3. ADDITIONAL DOCUMENTS GOVERNING YOUR USE OF THE SITE

In addition to these Terms of Use, your use of the Site is also governed by the following documents:

Our privacy policy, which is available at https://www.parfumdeazalea.com/pages/privacy-policy, governs our use of your information. The Privacy Policy sets out the types of information we collect, the reasons we collect it, how we use it, where we may pass it on to any third parties, in what circumstances and for what reasons, and any other relevant information relating to our use and/or processing of your information and your rights in relation to your information.

Our Cookies Policy, which is available at: https://www.parfumdeazalea.com/pages/privacy-policy. Our Cookies Policy governs our use of cookies and similar technologies (“cookies”) on the Site. Our Cookies Policy sets out the types of cookies we use, the purposes for which we use them, the circumstances in which we may place cookies on your computer, device or browser, and other relevant information relating to cookies, such as how to change your browser preferences and settings to accept or reject cookies

By accessing and using our Site, you agree to be bound by the terms and conditions contained in these Terms of Use, you acknowledge that we will process your information in accordance with our Privacy Policy, and our use of cookies and similar technologies in accordance with our Cookies Policy. If you do not agree to the terms set out in these Terms of Use, you must not use the Site.

4. AVAILABILITY OF THE SITE

We make no representations and provide no warranties whatsoever that the Site will be made available at any specific time or from any specific geographical location; or that your access to the Site will be continuous or uninterrupted; or that the Site will be accessible or optimized on all browsers, computers, tablets, phones or viewing platforms.

We reserve the right to suspend access to all or part of the Site for any reason, including for business or operational reasons, such as improving the appearance or functionality of the Site, content updates, periodic maintenance, or to resolve any issues that we become aware of without notice. Wherever we anticipate that we need to suspend access to the Site for a considerable period of time, we will try to provide you with prior notice where reasonably practicable. The Site is provided for users in the United States. Although it may be possible to access the Site from other countries, we make no representation that the Site is compliant with any legal requirements in force in any jurisdiction other than the United States, or that the content available on the Site will be appropriate for users in other countries or states.

5. AVAILABILITY & DESCRIPTION OF PRODUCTS

Certain products may be available exclusively online through the website. These products or services may have limited quantities and may sell out and become unavailable.

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.

We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We also reserve the right to limit the quantities of any products that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. Finally, we reserve the right to discontinue the Site or any product contained therein at any time. Any offer for any product made on the Site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors on the Site will be corrected and disclaim all such representations and warranties as well as liability therefrom as allowed by law and regulation. We do, however, strive to offer only high-quality products, services, and materials, and to correct errors as soon as practicable after we detect them.

6. UPDATES WE MAKE TO THESE TERMS OF USE AND OTHER POLICIES

We reserve the right to update these Terms of Use, our Privacy Policy, our Cookies Policy and any other documentation referred to in any of these documents from time to time without notice, although we will attempt to give notice when reasonably practicable. We may change our Terms of Use and other documentation for any reason, including: (a) to reflect any changes in the way we carry out our business; (b) to account for any changes we make to the Site, including, without limitation, any new features or functionality we provide, any adjustments to the means by which we provide notices to you, or any changes in the content, purpose or availability of the website; (c) to accurately describe our current data-processing activities so that you are kept up to date with our latest practices; (d) to inform you of any changes in the way that we use cookies or similar information-gathering technologies; or (e) to ensure that our documentation complies and remains compliant with any and all current and future applicable laws, regulations and official guidance.

If required by law, we will provide you with notice of any changes in these Terms of Use or the other documentation referred to in them by posting a notice on the website and/or by posting an updated version of these Terms of Use or other such documentation on the Site with a new effective date stated at the beginning. By continuing to access the Site after we have updated our Terms of Use or Terms of Sale you agree to be bound by those updated versions. You also acknowledge that by continuing to access the Site after we have updated our Privacy Policy and/or our Cookies Policy, that the practices set out in those updated policies will apply to our handling of your information and our use of cookies and similar technologies. You must check these Terms of Use and all other documentation referred to in them each time you access the Site to make sure that you are aware of the terms that apply to you at that time. The date that these Terms of Use and/or any other documents (including our Privacy Policy and Cookies Policy) were last amended is set out at the top of that document and is referred to as that document's "effective date."

7. YOUR ACCOUNT INFORMATION

If we provide you with account information such as a “User Name,” account number, account code or password, you agree to keep such information confidential. All account information is provided for use of the named account holder only, and you are responsible for any consequences of unauthorized access to your account due to any disclosure of your account information to any third party. Where we provide you with the option to select your own login information, including a password, we recommend that you supply login information that is unique to your own use of this Site, and refrain from using login information from accounts you may hold with other websites or which is easily discoverable. When creating your user account, you agree to provide accurate and complete information. You agree that you will not solicit, collect or use the login credentials of other individuals. You agree never to use another user's account without permission. We prohibit the creation of, and you agree that you will not create, an account for anyone other than yourself. You also confirm that all information you provide to us upon registration and at all other times will be true, accurate, current, and complete. You agree to update your information as necessary to maintain its truth and accuracy. We reserve the right to withdraw access to your account without notice for any actual or suspected breach of these Terms of Use or any other documentation referred to in them, including, without limitation, where we suspect that there has been unauthorized access to your account, or any unauthorized disclosure of your login information. If you know or suspect that the confidentiality of your login information has been compromised, you must immediately change your password. If you are unable to change your password, you must notify us promptly by email, at support@parfumdeazalea.com.

8. OUR OWNERSHIP OF MATERIAL ON THE SITE

All trademarks, service marks, trade names, copyright, logos and other intellectual property rights in the Site and its content are either owned by us or licensed to us. All such rights are protected by intellectual property laws around the world, and all rights are reserved. Any use of the website and its contents, other than as specifically authorized herein, is strictly prohibited. Any rights not expressly granted herein are reserved by us.

9. LIMITS ON RELIANCE FOR THE INFORMATION AND CONTENT PROVIDED ON THE SITE

The Site is made available to you to provide you with general information about us, our business, and any products or services that we offer from time-to-time. We do not make the Site available for any other purposes, except as expressly provided in these Terms of Use. The content on the Site is not intended to be construed as advice. You should not rely on any of the content of the Site for any purposes whatsoever, and you must seek your own independent professional advice before deciding to take any course of action on the basis, whether in whole or in part, of any of the content available on the Site at any time. We make no representations and provide no warranties whatsoever, whether express or implied, that any of the content or materials available on the Site from time to time are accurate, up to date or complete, and disclaim all responsibility for its use.

10. PERMITTED USES FOR MATERIALS ON THE SITE

The content on the Site is provided for your personal, private, and non-commercial use only. You may print or share the content from the Site for lawful personal, private, and non-commercial purposes, and you may also make others aware of the content on the Site. You may not otherwise extract, reproduce, or distribute any content on the Site without our prior written consent. Whenever you print, download, share or pass on content from the Site to others, you must not make any additions or deletions or otherwise modify any text from the Site, you must not alter or change any images, media or graphics from the Site in any way, you may not remove any accompanying text from such images, media or graphics, and you must ensure that all content passed on to any third party is an accurate representation of the content as it appears on the Site. You agree not to use any robots, spiders, data mining or scraping technology or any similar tools for the extraction or reproduction of any data or content from the Site without our prior written consent. Whenever you pass on any content or materials from the Site to anyone, you agree to acknowledge us as the authors of such content or materials (or any other authors wherever credited by us) at the time that you pass on such content or materials.

11. PROHIBITED USES FOR MATERIALS ON THE SITE

You agree not to reproduce, duplicate, copy or resell any part of the Site or any content from the Site, save and except to the extent expressly permitted in these Terms of Use. You agree not to access, interfere with, damage or disrupt in any way the Site or any part of it, our systems, any of our hardware or equipment or any networks on which the Site is hosted, any software that we use to create or modify the website or to make the website available to you, or any hardware, equipment, network, server, software or technology owned or operated by us or any third party. You agree to use the Site for lawful purposes only and in accordance with these Terms of Use. You agree not to use the Site: (a) for any purpose that is unlawful or that in any way breaches any applicable laws or regulations, whether local, national or international; (b) for any fraudulent purposes whatsoever; (c) to conduct any unsolicited or unauthorized advertising or direct or indirect marketing to anyone by any means, or to otherwise spam, communicate with or market to anyone any goods, services or business not authorized by us; (d) to upload, host or transmit any viruses, malware, adware, spyware, worms, Trojan horses, keystroke loggers, spyware, logic bombs, time bombs or any other harmful programs or code that could adversely affect the use or operation of the website, our hardware or systems, or the computers, tablets, phones or other devices of any users or other third parties, or to upload any content or materials containing any such content; (e) to communicate with, harm or attempt to harm children in any way; (f) or in any way or for any purpose that breaches these Terms of Use or the terms of any of the Policies or materials these Terms of Use refer to.

You must not submit to us any information that is considered “sensitive personal information.” “Sensitive personal information” is information about you or any other person that reveals your or their racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership or that is genetic data, biometric data, information which concerns your or their health, sex life or sexual orientation. If you accidentally or intentionally submit such information to us, you will be considered to have consented to our processing of that information on the basis of Article 9(2)(a) of the General Data Protection Regulation (Regulation (EU) 2016/769).

12. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example 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 (a) to maintain any comments in confidence; (b) to pay compensation for any comments; or (c) to respond to any comments.

We may, but have no obligation to unless required by law, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.

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 Site 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.

13. VIRUSES AND OTHER HARMFUL CONTENT

We do not guarantee that the Site will not contain viruses or other malicious software, but we do make reasonable efforts to prevent such viruses or bugs from being uploaded to the Site. Accordingly, we are not responsible for any bugs or viruses on the Site, or any software that might be transferred to your computer from the Site, or any consequences that the presence or operation of such programs may have. You agree to make sure that you have in place up-to-date and effective anti-virus protection on your computer or other browsing device. You agree not to upload or otherwise introduce to the Site any viruses, malware, spyware, adware, Trojan horses, worms, logic bombs, time bombs, keystroke loggers or any other programs or code that is harmful or malicious. You agree not to use any third parties, software or technology to attempt to gain unauthorized access to the Site, our servers, systems, hardware, software or data. You agree not to attempt to perform any denial-of-service type attack on the Site. We may report any breach or suspected breach of this Paragraph 13 (“Viruses and other harmful content”) to the relevant authorities and may disclose your identity.

14. LINKS TO OTHER WEBSITES

Links to third party content or websites may appear on the Site from time to time, but we are not responsible for the content of any websites accessible via any such link(s) on the Site. All content on third party websites is outside of our control, and we do not represent or warrant that such content is related to us or the Site, suitable or appropriate for use or viewing, lawful or accurate. Any third-party website accessible via a link on the Site may collect and process your information. We are not responsible for any data-processing activities carried out by any third-party website that is linked to from the Site, and we disclaim all liability in respect of the same. You should check the privacy policy of any such third party to establish how they may use your information before you decide to use their website and its features.

15. LINKS TO OUR SITE

You agree not to link to the Site without our prior written consent. Where you have obtained such consent to link to the Site: (a) you may provide links to the Site on other websites owned by you, provided that such websites and the use of any links to the Site comply with these Terms of Use; (b) wherever you post a link to the Site on any other website, you agree that you will do so in an appropriate manner, and not in any way which is defamatory or disparaging towards us, which misrepresents us or our business, or that causes any harm whatsoever to us or our business; (c) and you must not link to the Site in order to suggest any form of joint venture, partnership, collaboration, affiliation, business relationship, approval or endorsement in connection with us where none exists and in any event, without having first obtained our prior written consent.

We may withdraw permission to link to the Site at any time. If we withdraw permission to link to the Site and inform you of the same, then you must immediately remove or cause to be removed any links to the Site.

16. OPTIONAL TOOLS & APPS

We may from time to time provide you with access to third-party tools or apps over which we neither monitor nor have any control nor input.

You acknowledge and agree that if we provide access to such tools and apps, such tools and apps are provided solely “as is” and “as available” without any warranties, representations, or conditions of any kind, and without any endorsement of fitness of use. We shall have no liability whatsoever arising from or relating to your use of such optional third-party tools and apps.

Any use by you of optional tools and apps offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools and apps are provided by the relevant third-party provider.

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Use.

17. EXCLUSIONS AND LIMITATIONS OF LIABILITY

We do not exclude our liability to you where it would be unlawful to do so, for example, for death or personal injury caused directly by our negligence. If applicable law does not allow all or any part of the below limitations of liability to apply to you, the limitations will apply to you only to the maximum extent permitted by applicable law

SUBJECT TO THE ABOVE TWO PARAGRAPHS, IN NO EVENT SHALL WE (INCLUDING OUR PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS) UNDER ANY CIRCUMSTANCES WHATSOEVER BE LIABLE TO YOU FOR ANY LOSS, DAMAGE (WHETHER DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR OTHERWISE) COSTS, EXPENSES, LIABILITIES OR PENALTIES, WHETHER IN CONTRACT, TORT, BREACH OF STATUTORY DUTY OR OTHERWISE, WHETHER FORESEEABLE OR UNKNOWN, ARISING FROM, IN CONNECTION WITH OR RELATING TO:

(a) YOUR USE OF THE SITE; ANY CORRUPTION OR LOSS OF DATA; (b) ANY INABILITY TO ACCESS THE SITE, INCLUDING, WITHOUT LIMITATION, ANY INTERRUPTIONS, SUSPENSION OR WITHDRAWAL OF THE SITE (FOR ANY REASON WHATSOEVER); (c) ANY USE YOU MAKE OF ANY CONTENT OR MATERIALS ON THE SITE, INCLUDING ANY RELIANCE YOU MAKE ON SUCH CONTENT OR MATERIAL; (d) ANY LOSS OF SAVINGS, PROFITS, SALES, BUSINESS OR REVENUE; (e) ANY LOSS OF REPUTATION OR GOODWILL; (f) ANY LOSS OF SAVINGS; (g) ANY LOSS OF A CHANCE OR OPPORTUNITY; OR (h) ANY OTHER SECONDARY, CONSEQUENTIAL OR INDIRECT LOSSES.

IN ADDITION, OUR LIABILITY WITH RESPECT TO THE PURCHASE OF GOODS, SERVICES OR OTHER MATERIALS FROM THE SITE IS STRICTLY LIMITED TO DIRECT DAMAGES ONLY, AND NO INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES SHALL BE ALLOWABLE. TOTAL AGGREGATE DIRECT DAMAGES SHALL ALSO BE LIMITED TO TEN (10) TIMES THE PURCHASE PRICE OF SUCH GOODS, SERVICES OR OTHER MATERIALS, UNLESS SUCH LIMITATIONS ARE PROHIBITED BY LAW.

MOREOVER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE, WITHOUT LIMITATION, YOU ASSUME AND SHALL BE LIABLE FOR THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS, DAMAGE, COSTS, EXPENSES, LIABILITIES, OR PENALTIES ARISING HEREUNDER.

WE SHALL NOT BE LIABLE FOR ANY DAMAGE THAT YOU COULD HAVE AVOIDED BY FOLLOWING OUR COUNSEL TO APPLY AN UPDATE OFFERED TO YOU FREE OF CHARGE OR FOR DAMAGE THAT WAS CAUSED BY YOU FAILING TO CORRECTLY FOLLOW INSTALLATION INSTRUCTIONS OR TO HAVE IN PLACE THE MINIMUM SYSTEM REQUIREMENTS ADVISED BY US. YOU SPECIFICALLY AGREE THAT WE SHALL NOT BE LIABLE FOR ANY CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU AGREE THAT IN THE EVENT THAT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES DIRECTLY ARISING OUT OF, OR DIRECTLY IN CONNECTION WITH, OUR ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEBSITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY US, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY US. TO THE EXTENT THAT ANY OF THE PROVISIONS OF THIS PARAGRAPH 17 (“EXCLUSIONS AND LIMITATIONS OF LIABILITY”) ARE UNENFORCEABLE AS OUTRIGHT EXCLUSIONS OF LIABILITY, THEY SHALL BE CONSTRUED AS LIMITATIONS ON LIABILITY, LIMITING OUR LIABILITY TO YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW.

18. INDEMNIFICATION

You (and also any third party for or on behalf of whom you operate an account or activity on the website) agree to defend (at our request), indemnify and hold us harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable legal and attorneys' fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the website or those conducted on your behalf): (a) your uploads, access to, or use of, the Site; (b) your breach or alleged breach of these Terms of Use; (c) your violation of any third-party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (d) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; and (e) any misrepresentation made by you.

You will cooperate as fully required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not, in any event, settle any claim without our prior written consent.

19. DISCLAIMERS

THE WEBSITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (a) THE SERVICE; (b) THE WEBSITE CONTENT; (c) USER CONTENT; OR (d) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO THE WEBSITE

IN ADDITION, WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.

WE DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT YOUR USE OF THE SITE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND WE SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE. BY ACCESSING OR USING THE SITE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE. WE DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ACTION OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.

20. AGE RESTRICTIONS ON USE OF THE SITE

By using this site, you represent that you are at least the age of majority in your country, state, province, or location of residence, or that you are the age of majority in your country, state, province, or location of residence and you have given us your consent to allow any of your minor dependents to use this site.

YOU MUST NOT SUBMIT ANY INFORMATION ABOUT YOU TO US IF YOU ARE UNDER THE AGE OF 18, OR ABOUT ANY OTHER PERSON WHO IS EITHER UNDER THE AGE OF 18; OR IF THEY ARE AGED 18 OR ABOVE, WHERE YOU HAVE NOT RECEIVED THEIR PRIOR WRITTEN CONSENT TO SUBMIT INFORMATION ABOUT THEM TO US.

21. GOVERNING LAW, JURISDICTION

These Terms of Use, any documents they refer to, and any disputes arising from or in relation to them or any documents they refer to, and any disputes concerning the sale of goods or services on the site, whether contractual or non-contractual, shall be governed by and construed in accordance with United States law in the state of New York without reference to its Choice of Law provisions. To the extent that any dispute is not resolved pursuant to the Dispute Resolution process set forth in these Terms of Use, the courts of the state of New York shall have exclusive jurisdiction over any claims or disputes arising from or in relation to these Terms of Use and any policies they refer to.

22. COPYRIGHT AND CREDIT

The copyright in these Terms of Use is either owned by, or licensed to, us and is protected by copyright laws around the world and copyright protection software. Unless expressly indicated otherwise, all intellectual property rights in this document and elsewhere on the Site, including any content on the Site, are reserved. These Terms of Use are based on a General Data Protection Regulation (Regulation (EU) 2016/769) ("GDPR") compliant template provided by GDPR Privacy Policy. For further information, please visit gdprprivacypolicy.org.

23. SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from Parfum de Azalea, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Message and Data rates may apply.

Message frequency will vary. MVX reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. MVX also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so.

Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. MVX, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.

You also agree to our Privacy Policy (https://www.parfumdeazalea.com/pages/privacy-policy.)

Cancellation

Text the keyword STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode to cancel. After texting STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree MVX and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from Parfum de Azalea through any other programs you have joined until you separately unsubscribe from those programs.

Help

Text the keyword HELP to our shortcode to return customer care contact information.

Customer Care

If you are experiencing any problems, please email us at support@parfumdeazalea.com and describe the issue in detail.

24. Dispute Resolution

(a) General. In the interest of resolving disputes between you and MVX in the most expedient and cost-effective manner, you and MVX agree that any dispute arising out of or in any way related to these Terms of Use ("Terms of Use"), or for any purchase of goods and services from us or through this Site, shall be resolved before one Arbitrator by binding arbitration under the JAMS Expedited Rules. The JAMS Rules and filing forms are available online at https://www.jamsadr.com. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award, although under these Terms of Use the Arbitrator CANNOT award special, consequential, indirect, or punitive damages. Should you seek damages or relief arising from your purchase of goods or services from us, then our limitation of liability for damages shall be no more than ten (10) times the purchase price of those goods or services. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Terms of Use and any purchase or sale of goods and services between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when a claim arises. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE TERMS OF USE, YOU AND MVX ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE TERMS OF USE SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.

(b) Notice; Process. If you or MVX intends to seek arbitration, then the party seeking arbitration must first send a written notice of the dispute to the other party by U.S. Mail ("Notice"). MVX address for Notice is: 7190 W Sunset Blvd #31, Los Angeles, CA 90046, Attn: Chief Executive Officer. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought ("Demand"). You and MVX will make good faith efforts to resolve the claim directly, but if you and MVX do not reach an agreement to do so within 30 days after the Notice is received, you or MVX may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or MVX must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.