Term Of Service

Effective Date: March 10, 2025

1. Introduction and Acceptance of Terms

Welcome to Elixirfume! These Terms of Service ("Terms") govern your access to and use of the Elixirfume website located at elixirfume.com (the "Website"), including any content, functionality, products, and services offered on or through the Website. Elixirfume ("Elixirfume," "we," "us," or "our") is operated from 3120 Stonehurst Cir, Kissimmee, FL 34741, United States.

Please read these Terms carefully before you start to use the Website. By accessing, Browse, registering, or making a purchase on the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy (found at www.elixirfume.com/pages/privacy-policy), which is incorporated herein by reference. If you do not agree to these Terms or the Privacy Policy, you must not access or use the Website.

2. Use of the Website  

 

This Website is intended for users who are at least 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with Elixirfume and meet all of the foregoing eligibility requirements.  

 

You are granted a limited license to access and use the Website for personal, non-commercial purposes related to Browse and purchasing our products, strictly in accordanceance with these Terms.

3. User Accounts

  • Guest Checkout: You do not need to create an account to browse or place an order on our Website. You may complete your purchase as a guest.
  • Account Creation: Creating an account may provide benefits such as easier order tracking, storing shipping addresses, and receiving exclusive promotions. If you choose to create an account, you agree to provide accurate, current, and complete information and to keep this information updated.
  • Account Security: You are responsible for maintaining the confidentiality of your account password and for restricting access to your computer or device. You agree to accept responsibility for all activities that occur under your account or password. You must notify us immediately at info@elixirfume.com of any unauthorized use of your account or any other breach of security.  

4. Product Information, Pricing, and Availability

  • Product Descriptions: We strive to display accurate product information, including descriptions, ingredients (where applicable), images, and pricing. However, descriptions of scents can be subjective. We do not warrant that product descriptions, pricing, or other content are always accurate, complete, reliable, current, or error-free. We recommend reviewing ingredient lists if you have known sensitivities or allergies and performing a patch test before extensive use.
  • Errors: In the event of an error (e.g., typographical error, inaccurate pricing or description), Elixirfume reserves the right to correct such errors and revise your order accordingly (including charging the correct price) or to cancel the order and refund any amount charged.  
  • Pricing: All prices are shown in U.S. dollars ($USD). Prices are subject to change without notice and do not include shipping charges or applicable taxes, which will be added at checkout.
  • Availability: All products are subject to availability, and we cannot guarantee items will be in stock. We reserve the right to discontinue any product at any time.  

5. Orders, Payment, and Billing

  • Order Acceptance: Placing an order constitutes an offer to buy the product(s). Order acceptance occurs when we ship the order or send an explicit acceptance confirmation. We reserve the right to refuse or cancel any order for any reason, including limitations on quantities available, inaccuracies or errors in product or pricing information, or issues identified by our fraud avoidance department.  
  • Payment: We accept payment via PayPal and Venmo. By providing payment information, you represent and warrant that you are authorized to use the designated payment method. You authorize us (or our third-party payment processor) to charge your payment method for the total amount of your order (including product prices, taxes, and shipping fees). All payments are processed through secure third-party gateways.  
  • Sales Tax: Applicable sales tax will be calculated based on the shipping address and relevant tax laws and added to your order total.

6. Shipping Policy

All orders are shipped according to our Shipping Policy, which details shipping methods, costs, estimated delivery times, destinations, and important information regarding any shipping restrictions that may apply to perfumes (e.g., due to alcohol content). Please review our Shipping Policy carefully here: www.elixirfume.com/pages/shipping-policy. Risk of loss passes to you upon our delivery to the carrier.

7. Return and Refund Policy

Your satisfaction is important to us. Returns and refunds are governed by our separate Return Policy and Refund Policy. These policies outline the conditions for eligibility (including specific conditions for returning fragrances, especially if opened), the return process, timelines, responsibility for shipping costs, and how refunds are processed. Please review these policies carefully before purchasing:

 

8. Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to text, graphics, logos, images, product descriptions, and software) are owned by Elixirfume, its licensors, or other providers and are protected by United States and international copyright, trademark, and other intellectual property laws. The Elixirfume name, logo, and all related names and slogans are trademarks of Elixirfume. You must not use these marks without our prior written permission.  

 

9. User Conduct

You agree not to use the Website in any way that violates applicable laws, infringes on the rights of others, is fraudulent, harmful, or interferes with the operation of the Website or others' enjoyment of it. Prohibited activities include transmitting viruses, spamming, scraping data, or attempting unauthorized access.

10. Disclaimers of Warranties

THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, AND PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE ARE PROVIDED BY ELIXIRFUME ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  

 

ELIXIRFUME DOES NOT WARRANT THAT PRODUCTS WILL BE SUITABLE FOR YOUR SPECIFIC SKIN TYPE OR THAT YOU WILL NOT EXPERIENCE AN ALLERGIC OR OTHER ADVERSE REACTION. YOU ARE SOLELY RESPONSIBLE FOR CHECKING PRODUCT INGREDIENTS FOR POTENTIAL ALLERGENS AND FOR CONDUCTING A PATCH TEST PRIOR TO USE. ELIXIRFUME DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  

 

WE DO NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES.  

 

11. Limitation on Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ELIXIRFUME, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY CONTENT ON THE WEBSITE, OR ANY PRODUCTS PURCHASED THROUGH THE WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY (SUCH AS ALLERGIC REACTIONS), PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.  

 

12. Indemnification

You agree to defend, indemnify, and hold harmless Elixirfume, its affiliates, licensors, and service providers from any claims, liabilities, damages, judgments, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Website or products obtained from it.  

 

13. Privacy Policy

Our collection and use of your personal information are governed by our Privacy Policy, located at www.elixirfume.com/pages/privacy-policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

14. Governing Law and Jurisdiction

These Terms and any dispute arising out of or related to them or the Website shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles. Any legal suit, action, or proceeding arising out of these Terms or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Florida located in Osceola County. You waive any objections to the exercise of jurisdiction over you by such courts and to venue in such courts.  

 

15. Changes to the Terms of Service

We reserve the right to revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. Please check this page periodically for updates.  

 

16. Termination

We may terminate or suspend your access to all or part of the Website, without notice, for any conduct that we, in our sole discretion, believe violates these Terms, is harmful to others, violates the law, or for any other reason.  

 

17. Entire Agreement

These Terms, together with our Privacy Policy, Shipping Policy, Return Policy, and Refund Policy (all linked herein and incorporated by reference), constitute the sole and entire agreement between you and Elixirfume regarding the Website and supersede all prior understandings and agreements.

18. Severability

If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, or eliminated if modification is not possible, and the remaining provisions shall continue in full force and effect.  

 

19. Contact Information

For questions or comments about these Terms of Service, please contact us at:

Elixirfume

3120 Stonehurst Cir, Kissimmee, FL 34741, United States

Email: info@elixirfume.com

Phone: +1 813-758-9684