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Terms & Conditions

BY VISITING AND/OR PURCHASING FROM THIS WEBSITE, YOU ARE CONSENTING TO THESE POSTED TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS IN FULL, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE WEBSITE AND THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Please find below the terms and conditions to this Website. Please read these terms carefully before using our Services.

This Website is operated by Amare Luxury Fragrance. Throughout the site, the terms “we”, “us”, and “our” refer to Amare Luxury Fragrance. Amare Luxury Fragrance offers this Website, including all information, tools and Products available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. The term “user,” “you” and “your” refers to site visitors, customers and any other users of the Website.

By visiting the Website and/or purchasing something from the Website, you engage in our Service and agree to be bound by the following terms and conditions (“Terms and Conditions”, “Terms & Conditions”, “Terms of Conditions”, “Terms”), including those additional terms and conditions and policies referenced within this Agreement and/or available by hyperlink. These Terms apply to all users of the site, including, without limitation, users who are browsers, vendors, customers, merchants, and/or contributors of content.

 

Use of the Website, including all materials presented herein and all Products provided by Amare Luxury Fragrance, is subject to the following Terms of Service. These Terms of Service apply to all site visitors, customers, and all other users of the site. Please read these Terms and Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or purchase any Products. By using the Website or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.

Any new Products, Services, resources, features, or tools which are added to the current store shall also be subject to the Terms. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right, in our sole discretion, to update, change or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

​The information provided on the Website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Website from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

 

DEFINITIONS

"Product” means any product listed and advertised as such on the Website, which may include candles, reed diffusers, and other items of a similar nature, as Amare Luxury Fragrance may review and update from time to time.

“Service” means the advertisement and sale of Products listed on the Website, including all ancillary services connected therewith (including but not limited to payment processing, dispute resolution, complaints handling and customer services).

“Website” means amareluxuryfragrance.co.uk, as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto.

 

SHIPPING AND RETURN POLICY

 

At Amare, we pride ourselves on our customer service as well as the quality of our Products.

In the unlikely event that an issue arises, we aim to resolve them as quickly and effectively as possible.

 

Shipping info

​​All orders are sent via Royal Mail 2nd class, with a cost of £2.85 for orders below £40.

Get free shipping on orders over £40. 

Royal Mail aims for a door-to-door service within 72 hours - excluding Sundays - but please note that it may take longer.

Return policy

In the unlikely event that you are unhappy with a Product you receive, we will be happy to refund that item, as long as the following measures are followed.

  • The item you wish to return must have been received within the last 28 days, unused and within the original packaging.

  • It must arrive safely back to us with no damages or defects

  • We cannot cover the cost of the return shipping, unless the item you are returning was damaged, faulty or incorrect due to our fault and/or negligence.

  • If you wish to return your item, please send us an email tocontact@amareluxuryfragrance.co.uk

 

Refund policy

The total value of the item/s you return will be refunded to the same account payment was made from, once they are safely and satisfactorily returned to us, fulfilling all of the conditions stipulated for returns and refunds in these Terms and Conditions.

 

Damaged or defective items

All our Products are checked before shipping.

Occasionally damaged or defective items can be missed. If so, please contact us at contact@amareluxuryfragrance.co.uk with a photo of the damage or defect. Replacement of the damaged or defective items will be available to you provided that all of the conditions for replacements in these Terms and Conditions have been met.

Please follow the care card provided. If a Product has been misused/ and or the care card instructions not followed, we will be unable to provide a replacement or refund.

 

Broken items

Once shipment has been made, we rely on Royal Mail to safety deliver your parcel.

In the event it arrives damaged, please contact us at contact@amareluxuryfragrance.co.uk with a photo of the damaged item. Replacement of the damaged items will be available to you provided that all of the conditions for replacements in these Terms and Conditions have been met.

Lost shipment

Before determining that a parcel has been lost, please wait a period of 7 working days from shipment before contacting us.

Please contact us on contact@amareluxuryfragrance.co.uk and we will investigate, noting that any refunds due to lost shipment is strictly subject to the outcome of our investigation.

 

Cancellation of order

Unfortunately, we are unable to cancel your order once it has been dispatched.

If you do wish to cancel your order, please email contact@amareluxuryfragrance.co.uk, and we will do our best to intercept the order being shipped, although we shall have no obligations to do so.

 

GENERAL CONDITIONS

 

We reserve the right to refuse Service to anyone for any reason at any time.

You understand that your information (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Payment and credit card information is always encrypted during transfer over networks.

You expressly agree not to sell, resell, reproduce, duplicate, copy, or exploit any portion of this Website, the Service provided, the Products provided, use of the Service/Products, or access to the Service/Products, or any contact on the website through which the Service/Products are provided, without express written permission by us.

We are not responsible if information made available on this site is not accurate, complete, updated, or current. The material on this site is provided for general informational purposes only and should not be relied upon or used as the sole basis for making decisions, related to your business or otherwise, without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this Website is at your own risk. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

ACCOUNT CREATION

 

In order to use the Service/Website, you may be required to provide information about yourself including your name, email address, username, password, and other personal information. You agree that any registration information you give to Amare Luxury Fragrance will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.

LAWFUL PURPOSES

You may use the Website and Service for lawful purposes only. You shall not post or transmit through the Website any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.

 

PROHIBITED ACTIVITIES

You may not access or use the Website for any purpose other than that for which we make the Website available. The Website may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.

As a user of the Website, you agree not to:

  • Systematically retrieve data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.

  • Circumvent, disable, or otherwise interfere with security-related features of the Website, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Website and/or the Content contained therein.

  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Website.

  • Use any information obtained from the Website in order to harass, abuse, or harm another person.

  • Make improper use of our support services or submit false reports of abuse or misconduct.

  • Use the Website in a manner inconsistent with any applicable laws or regulations.

  • Engage in unauthorized framing of or linking to the Website.

  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Website or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Website.

  • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

  • Delete the copyright or other proprietary rights notice from any Content.

  • Attempt to impersonate another user or person or use the username of another user.

  • Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).

  • Interfere with, disrupt, or create an undue burden on the Website or the networks or services connected to the Website.

  • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Website to you.

  • Attempt to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of the Website.

  • Copy or adapt the Website’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

  • Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Website.

  • Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Website, or using or launching any unauthorized script or other software.

  • Use a buying agent or purchasing agent to make purchases on the Website.

  • Make any unauthorized use of the Website, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.

  • Use the Website as part of any effort to compete with us or otherwise use the Website and/or the Content for any revenue-generating endeavour or commercial enterprise.

 

SITE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Website for violations of these Terms and Conditions; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, notice, or liability, to remove from the Website or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (4) otherwise manage the Website in a manner designed to protect our rights and property and to facilitate the proper functioning of the Website.

 

ORDER CONFIRMATION

 

We will email you to confirm the placement of your order and with details concerning the Product's delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.

 

PRODUCT DESCRIPTION

 

We endeavor to describe and display the Website and Products as accurately as possible. While we try to be as clear as possible in explaining the Product, please do not accept that the Website is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing. ​

 

PRODUCTS OR SERVICES

We reserve the right, but are not obligated, to limit the sales of our Products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products or Services that we offer. All descriptions of Products or Product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any Product at any time. Any offer for any Product or Service made on this 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 in the Service will be corrected.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Website at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Website. We also reserve the right to modify or discontinue all or part of the Website without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Website.

 

We cannot guarantee the Website will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Website, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Website at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Website during any downtime or discontinuance of the Website. Nothing in these Terms and Conditions will be construed to obligate us to maintain and support the Website or to supply any corrections, updates, or releases in connection therewith.

 

PERSONAL INFORMATION

 

Your submission of personal information through the store is governed by our Privacy Policy, and terms within the Privacy Policy are incorporated into these Terms and Conditions. To view our Privacy Policy, click here. By using the Website, you agree to be bound by our Privacy Policy, which is incorporated into these Terms and Conditions. Please be advised the Website is hosted in the United Kingdom. If you access the Website from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United Kingdom, then through your continued use of the Website, you are transferring your data to the United Kingdom, and you agree to have your data transferred to and processed in the United Kingdom.

 

OUR INTELLECTUAL PROPERTY

This Website and Service contain intellectual property owned by Amare Luxury Fragrance, including, but not limited to, trademarks, copyrights, proprietary information and other intellectual property (together, the “Marks”) as well as Amare Luxury Fragrance and courses names, logo, all designs, text, graphics, digital Products, other files, source code, databases, functionality, software, website designs, audio, video, photographs, and the selection and arrangement thereof (together, the “Content”). The Content and the Marks are provided on the Website “AS IS” for your information and personal use only. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works based on, distribute, display, reproduce, or perform, or  in any way exploit in any format whatsoever any of the Website, Marks, Content or intellectual property, in whole or in part without our prior express and written consent. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy. Provided that you are eligible to use the Website, you are granted a limited license to access and use the Website and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Website, the Content and the Marks.

 

USER REPRESENTATIONS

By using the Website, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms and Conditions; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Website through automated or non-human means, whether through a bot, script, or otherwise; (4) you will not use the Website for any illegal or unauthorized purpose; and (5) your use of the Website will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof).

 

MODIFICATIONS TO THE PRODUCT AND PRICES

 

Prices for our Products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Product (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Product.

 

DISCLAIMER

 

THE WEBSITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE WEBSITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE WEBSITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.​

LIMITATION OF LIABILITY

YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE WEBSITE OR SERVICE. ADDITIONALLY, AMARE LUXURY FRAGRANCE IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF AMARE LUXURY FRAGRANCE HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL AMARE LUXURY FRAGRANCE'S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE PRODUCT/SERVICE YOU HAVE PURCHASED FROM AMARE LUXURY FRAGRANCE AND/OR THE WEBSITE.

INDEMNIFICATION

YOU SHALL INDEMNIFY AND HOLD US HARMLESS FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, SETTLEMENTS, LIABILITIES, COSTS, CHARGES, ASSESSMENTS AND EXPENSES, AS WELL AS THIRD PARTY CLAIMS AND CAUSES OF ACTION, INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES, ARISING OUT OF ANY BREACH BY YOU OF ANY OF THESE TERMS OF SERVICE, OR ANY USE BY YOU OF THE WEBSITE OR SERVICE. YOU SHALL PROVIDE US WITH SUCH ASSISTANCE, WITHOUT CHARGE, AS WE MAY REQUEST IN CONNECTION WITH ANY SUCH DEFENSE, INCLUDING, WITHOUT LIMITATION, PROVIDING US WITH SUCH INFORMATION, DOCUMENTS, RECORDS AND REASONABLE ACCESS TO YOU, AS WE DEEM NECESSARY. YOU SHALL NOT SETTLE ANY THIRD-PARTY CLAIM OR WAIVE ANY DEFENSE WITHOUT OUR PRIOR WRITTEN CONSENT.

CHANGES TO POSTED TERMS

 

We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms on this Website. Any use of the Website or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Website and Products, including these Terms at any time. We will post the most recent versions to the Website and list the effective dates on the pages of our Terms.

HEADINGS

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

ENTIRE AGREEMENT

 

This Agreement constitutes the entire agreement between you and Amare Luxury Fragrance pertaining to this Website and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by Amare Luxury Fragrance shall be deemed or shall constitute, a waiver of any other provision. No waiver shall be binding unless executed in writing by Amare Luxury Fragrance.

NOTICES

All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:

Amare Luxury Fragrance

44 St John’s Rd Exmouth 

Devon EX84BY

Email: contact@amareluxuryfragrance.co.uk

​Visiting the Website, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE WEBSITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

 

GOVERNING LAW; VENUE; MEDIATION

 

This Agreement shall be construed in accordance with, and governed by, the laws of the United Kingdom, and the use of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. If your habitual residence is in the EU, and you are a consumer, you additionally possess the protection provided to you by obligatory provisions of the law of your country of residence. Amare Luxury Fragrance and yourself both agree to submit to the non-exclusive jurisdiction of the courts of England and Wales, which means that you may make a claim to defend your consumer protection rights in regards to these Terms and Conditions in the United Kingdom, or in the EU country in which you reside.

 

DISPUTE RESOLUTION

 

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms and Conditions (each "Dispute" and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

 

Binding Arbitration

Any dispute arising from the relationships between the Parties to this contract shall be determined by one arbitrator who will be chosen in accordance with the Arbitration and Internal Rules of the European Court of Arbitration being part of the European Centre of Arbitration having its seat in Strasbourg, and which are in force at the time the application for arbitration is filed, and of which adoption of this clause constitutes acceptance. The seat of arbitration shall be London, United Kingdom. The language of the proceedings shall be English. Applicable rules of substantive law shall be the law of the United Kingdom.

 

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

 

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

 

CORRECTIONS

 

There may be information on the Website that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Website at any time, without prior notice.

 

SEVERABILITY

 

If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

 

ASSIGNMENT

 

These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sub-licensable or otherwise transferable by you. Any transfer, assignment, delegation or sublicense by you is invalid.

 

TERM AND TERMINATION

These Terms and Conditions shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE WEBSITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

 

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

 

Questions about these Terms and Conditions? Email us at contact@amareluxuryfragrance.co.uk

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