Terms of service

OVERVIEW

Welcome to Fragrance Apex LLC (“Fragrance Apex,” “we,” “us,” or “our”).

Fragrance Apex operates this website and online store, including all related information, content, features, tools, products, and services (collectively, the “Services”), to provide you with a premium shopping experience. Our store is powered by Shopify Inc. (“Shopify”), which enables us to provide our Services.

These Terms of Service (“Terms”) govern your access to and use of our Services. By accessing, browsing, purchasing from, or otherwise using our Services, you agree to be bound by these Terms, as well as our Privacy Policy, Refund Policy, and Shipping Policy, each of which is incorporated herein by reference.

If you do not agree to these Terms, you should not access or use our Services.

SECTION 1 – ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state, province, or country of residence or have obtained appropriate parental or legal guardian consent.

To access certain features of our Services, including placing orders, you may be required to provide information such as your name, email address, billing address, shipping address, telephone number, and payment information. You represent that all information you provide is accurate, current, complete, and that you have the legal authority to provide such information.

You are responsible for maintaining the confidentiality of your account credentials and for all activity occurring under your account. You may not transfer, assign, or sell your account to another person without our written permission.

SECTION 2 – OUR PRODUCTS

We strive to accurately display and describe the products available through our Services. However, product colors, bottle appearance, packaging, and images may vary depending on your display device, monitor settings, or manufacturer updates.

All descriptions, specifications, pricing, availability, fragrance notes, and other product information are subject to change without notice.

Fragrance Apex sells authentic fragrances sourced through authorized distributors, brand partners, and other reputable supply channels. Product packaging, bottle design, labeling, liquid color, and manufacturer presentation may change over time without notice. Images displayed on our website are representative and may not always reflect the most current manufacturer packaging.

Fragrance descriptions, fragrance notes, accords, longevity, projection, performance, and other scent characteristics are provided for informational purposes only and may be based on manufacturer information, perfumer information, internal testing, and/or industry consensus.

Because fragrance performance is inherently subjective and varies based on skin chemistry, environment, climate, storage conditions, application method, and personal preference, Fragrance Apex does not guarantee that any fragrance will perform identically for every customer.

We reserve the right to discontinue products, limit quantities, refuse sales, or restrict purchases by person, household, business, geographic region, or jurisdiction at our sole discretion.

SECTION 3 – ORDERS

When you place an order, you are making an offer to purchase products from Fragrance Apex.

We reserve the right to accept, decline, refuse, limit, or cancel any order at our sole discretion. An order is not accepted until payment has been successfully processed and we have confirmed acceptance.

Fragrance Apex reserves the right to refuse, limit, or cancel orders that appear fraudulent, violate these Terms, involve unauthorized resale, or cannot be fulfilled due to inventory limitations, pricing errors, or other operational reasons.

Please review your order carefully before submitting. Although we will make reasonable efforts to accommodate cancellation requests, we cannot guarantee cancellations once an order has entered processing.

Your purchases are subject solely to our Refund Policy.

Due to the nature of personal care and beauty products, opened or used fragrances generally cannot be returned unless required by applicable law. Please review our Refund Policy for complete return eligibility requirements.

You represent and warrant that purchases made through our Services are intended for your own personal or household use and not for commercial resale or export unless otherwise authorized by Fragrance Apex.

SECTION 4 – PRICES AND BILLING

All prices are listed in U.S. Dollars unless otherwise indicated.

Prices, promotions, discounts, and product availability may change without notice.

Unless expressly stated otherwise, posted prices do not include applicable taxes, shipping charges, customs duties, import fees, or other governmental charges.

You agree to provide current, complete, and accurate billing, payment, and account information for every purchase.

By placing an order, you represent and warrant that:

You are authorized to use the payment method provided;
All payment information submitted is accurate and complete;
Your payment provider will honor the charges incurred;
You agree to pay all applicable charges, including taxes and shipping fees.

SECTION 5 – SHIPPING & DELIVERY

Shipping and delivery estimates are provided for convenience only and are not guaranteed.

Fragrance Apex is not responsible for delays caused by shipping carriers, customs processing, weather conditions, labor disruptions, natural disasters, governmental actions, or other events beyond our reasonable control.

Customers are responsible for providing complete and accurate shipping information. Fragrance Apex is not responsible for delays, failed deliveries, or additional shipping costs resulting from incorrect addresses, refused deliveries, customs delays, carrier exceptions, or customer-provided information.

Once products have been transferred to the shipping carrier, title and risk of loss pass to you, subject to applicable law.

Please review our Shipping Policy for additional information.

SECTION 6 – INTELLECTUAL PROPERTY

All content available through the Services—including trademarks, logos, text, graphics, images, videos, product photography, website design, software, and other materials—is owned by Fragrance Apex, its licensors, or its content providers and is protected by United States and international intellectual property laws.

You may use our Services only for your personal, non-commercial use.

You may not reproduce, distribute, modify, publish, transmit, create derivative works from, or otherwise exploit any content without our prior written permission.

All rights not expressly granted are reserved by Fragrance Apex.

SECTION 7 – OPTIONAL TOOLS

Our Services may include tools, applications, integrations, or features provided by third parties.

These tools are provided on an “as is” and “as available” basis without warranties or endorsements of any kind.

Your use of any third-party tools is entirely at your own risk, and you should review the applicable terms and privacy policies of the third-party providers before using them.

Fragrance Apex may introduce additional features, applications, or tools in the future. Such features will also be governed by these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

The Services may contain materials, content, or hyperlinks to websites, products, services, or resources provided by third parties.

These third-party websites and services are not under our control, and Fragrance Apex is not responsible for examining or evaluating their content, accuracy, privacy practices, or availability.

If you choose to access any third-party website or service, you do so entirely at your own risk.

Fragrance Apex shall not be liable for any loss, damage, or injury arising from your use of any third-party websites, products, services, or content.

We encourage you to review the applicable terms, conditions, and privacy policies of any third-party website before engaging in any transaction.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

Our online store is powered by Shopify Inc. (“Shopify”), which provides the e-commerce platform that enables us to offer our Services.

However, all purchases made through this website are made directly between you and Fragrance Apex LLC.

Shopify is not responsible for the products we sell, our business practices, customer service, shipping, returns, refunds, warranties, or any disputes arising from purchases made through our store.

By using our Services, you acknowledge and agree that Shopify and its affiliates shall not be liable for any claims, damages, or losses arising out of or relating to transactions between you and Fragrance Apex.

SECTION 10 – PRIVACY POLICY

All personal information collected through our Services is governed by our Privacy Policy, which is incorporated into these Terms by reference.

Because our store is hosted by Shopify, Shopify also collects and processes certain personal information to operate, secure, maintain, and improve the Services.

Information you provide may also be shared with trusted third-party service providers that assist with payment processing, fraud prevention, shipping and fulfillment, customer support, marketing communications, website functionality, analytics, product search and discovery, and other services necessary to operate our business.

By using our Services, you acknowledge that you have read and agree to our Privacy Policy and understand that certain information may also be processed in accordance with Shopify’s Privacy Policy.

SECTION 11 – FEEDBACK

If you voluntarily submit reviews, comments, suggestions, ideas, proposals, testimonials, or other feedback (“Feedback”), you grant Fragrance Apex a perpetual, worldwide, royalty-free, irrevocable, transferable, sublicensable license to use, reproduce, modify, publish, distribute, display, and otherwise use such Feedback for any lawful purpose, including marketing and promotional purposes.

You represent and warrant that:

You own or have the necessary rights to submit the Feedback;
Your Feedback does not violate the rights of any third party;
Your Feedback is truthful and accurate.

We are under no obligation to:

Maintain Feedback in confidence;
Compensate you for Feedback;
Respond to Feedback.

We reserve the right, but not the obligation, to remove or edit any Feedback that we determine, in our sole discretion, to be unlawful, misleading, abusive, defamatory, obscene, fraudulent, or otherwise objectionable.

SECTION 12 – ERRORS, INACCURACIES & OMISSIONS

Occasionally there may be information on our website containing typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times, inventory, or availability.

We reserve the right to correct any errors, inaccuracies, or omissions, and to update information or cancel orders at any time without prior notice, including after an order has been submitted.

We reserve the right to correct pricing, inventory, promotional, typographical, or technical errors at any time. If an order cannot be fulfilled because of such an error, we may cancel the order and issue a full refund to the original payment method.

SECTION 13 – PROHIBITED USES

You may access and use our Services only for lawful purposes.

You agree not to use the Services:

For any unlawful or fraudulent purpose;
To violate any applicable laws or regulations;
To infringe upon our intellectual property rights or those of others;
To harass, abuse, threaten, intimidate, or harm another person;
To submit false or misleading information;
To transmit viruses, malware, ransomware, or other malicious code;
To collect or harvest personal information belonging to others;
To interfere with the security or proper operation of the Services;
To scrape, crawl, copy, or extract website content using automated tools, bots, spiders, artificial intelligence systems, or similar technologies without our prior written consent;
To impersonate another individual or organization;
To engage in unauthorized resale or commercial exploitation of our Services.

We reserve the right to suspend or terminate access to our Services if we believe these Terms have been violated.

SECTION 14 – AGENTS & AUTOMATED ACCESS

This section applies if you use or permit any software, automated service, artificial intelligence system, agent, bot, or similar technology (“Agent”) to access or interact with our Services.

Any Agent accessing our Services must:

Clearly identify itself as an automated system;
Comply with all applicable laws;
Respect any technical measures we implement to regulate automated access;
Not bypass CAPTCHA systems or security protections;
Not impersonate human users;
Not overload, disrupt, or interfere with the operation of our Services.

Fragrance Apex reserves the right to block, limit, suspend, or terminate automated access at any time without prior notice.

SECTION 15 – TERMINATION

We may suspend, restrict, or terminate your access to the Services at any time, with or without notice, if we determine that you have violated these Terms or applicable law.

Termination does not relieve you of any obligations incurred before termination, including payment obligations.

The provisions relating to Intellectual Property, Privacy, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, Governing Law, and any other provisions that by their nature should survive termination shall remain in effect following termination.

SECTION 16 – DISCLAIMER OF WARRANTIES

The information presented through our Services is provided for general informational purposes only. While we strive for accuracy, Fragrance Apex does not warrant the completeness, accuracy, reliability, or usefulness of any information made available through the Services.

Fragrance products are inherently subjective. Individual experiences regarding scent, fragrance notes, longevity, projection, sillage, and overall performance vary based on factors including skin chemistry, environment, climate, storage conditions, and application method. Except as expressly stated in our Refund Policy or as required by applicable law, Fragrance Apex makes no warranty regarding subjective fragrance performance or customer preference.

EXCEPT AS EXPRESSLY STATED BY FRAGRANCE APEX, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY REPRESENTATION, WARRANTY, OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR DURABILITY.

We do not guarantee that the Services will be uninterrupted, secure, timely, or error-free, or that any defects will be corrected.

Some jurisdictions do not permit the exclusion of certain warranties, so portions of this section may not apply to you.

SECTION 17 – LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, FRAGRANCE APEX LLC, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS, AND SHOPIFY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES OR ANY PRODUCTS PURCHASED THROUGH THE SERVICES.

This includes, but is not limited to:

Lost profits
Lost revenue
Lost savings
Loss of data
Business interruption
Replacement costs
Any other commercial damages or losses

To the maximum extent permitted by law, our total liability for any claim relating to the Services or products purchased shall not exceed the amount actually paid by you for the product giving rise to the claim.

Some jurisdictions do not allow certain limitations of liability. In those jurisdictions, our liability shall be limited to the greatest extent permitted by law.

SECTION 18 – INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Fragrance Apex LLC, Shopify, our affiliates, officers, directors, employees, contractors, service providers, licensors, suppliers, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of:

Your violation of these Terms;
Your misuse of the Services;
Your violation of any applicable law;
Your infringement of the rights of any third party.

We reserve the right to assume the exclusive defense of any matter subject to indemnification, and you agree to cooperate with us in such defense.

SECTION 19 – SEVERABILITY

If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision shall be enforced to the fullest extent permitted by law, and the remaining provisions shall remain in full force and effect.

SECTION 20 – WAIVER; ENTIRE AGREEMENT

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

These Terms of Service, together with our Privacy Policy, Refund Policy, Shipping Policy, and any other policies referenced herein, constitute the entire agreement between you and Fragrance Apex regarding your use of the Services and supersede all prior agreements, communications, and understandings relating to the subject matter.

SECTION 21 – ASSIGNMENT

You may not assign, transfer, delegate, or otherwise transfer any rights or obligations under these Terms without our prior written consent.

Fragrance Apex may assign or transfer these Terms, in whole or in part, without restriction or notice.

SECTION 22 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide Services shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles.

Any dispute arising out of or relating to these Terms or the Services shall be brought exclusively in the state or federal courts located within the State of Delaware, and you consent to the personal jurisdiction and venue of those courts.

SECTION 23 – HEADINGS

The section headings contained in these Terms are provided solely for convenience and shall not affect the interpretation or construction of these Terms.

SECTION 24 – CHANGES TO THESE TERMS

We reserve the right to modify, update, or replace these Terms of Service at any time by posting revised Terms on this page.

Material changes will become effective upon posting unless otherwise required by applicable law.

Your continued access to or use of the Services following the posting of revised Terms constitutes your acceptance of those changes.

We encourage you to review these Terms periodically.

SECTION 25 – CONTACT INFORMATION

Questions regarding these Terms of Service may be directed to:

Fragrance Apex LLC

16192 Coastal Hwy
Lewes, Delaware 19958
United States

Email: support@fragranceapex.com

Phone: 1-888-506-1150

Business Entity: Delaware Limited Liability Company