Terms of service

This website is operated by HauteBlends. Throughout the site, the terms 'Company,' 'we,' 'our,' or 'us' refer to HauteBlends. We provide a range of beauty/perfume products for both men and women ('Services'). These Terms of Service ('Terms') govern the products and use of the services provided by HauteBlends. By accessing and/or using the services in any manner, you agree that you have read and accepted these Terms, including any additional terms, conditions, and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including, without limitation, browsers, vendors, customers, merchants, and contributors of content.

SECTION 1 - MODICFICATION TO TERMS

We reserve the right to modify these Terms without prior notice. Your continued use of the Services implies acceptance of any modified Terms. In the event of material changes, we will notify you through postings on our Website or via email to the provided address. The assessment of what constitutes a significant change is at our sole discretion.

SECTION 2 - AGREEMENT TO TERMS

By accessing this Website, you acknowledge and agree to be bound by the User Agreement, constituting an agreement between you and the Company. If you do not accept these Terms or cannot be bound by them, you are not permitted to use the Services. Your use of the Website is at your own risk, including the possibility of being exposed to objectionable or inappropriate content. The terms 'customers,' 'visitor(s),' 'user(s),' 'your,' and 'you' refer to the person accessing, browsing, or using the Website at any given time.

SECTION 3 - ELIGIBILITY CONDITIONS

To use the Website, you must be 18 (eighteen) years of age or older. The Website is intended for use or access by individuals who can enter into and fulfill legally binding contracts under the relevant federal and state laws. HauteBlends will not be held responsible in the event that the User provides false information, including their age, and the User, or their natural or appointed guardian, will be solely liable for the consequences as per applicable federal and state laws.

HauteBlends disclaims any liability arising from unauthorized use of the Website and any third-party liability resulting from your use of the Website if you are a minor.

SECTION 4 - REGISTRATION, ACCOUNTS, AND PASSWORDS

Users must create an account using an email and password, providing necessary details to be eligible for our Services. It is the User's responsibility to ensure the personal protection and security of their password and email used to access the Website. Users are accountable for all activities linked or traced to their email or password.

In the event of a lost or stolen password or email, Users must promptly report it to our Customer Service. If unauthorized access is suspected, immediate notification to Customer Service is required.

We retain the right to access and disclose any information, including account user names, to comply with applicable laws and lawful government requests.

SECTION 5 - EMAIL COMMUNICATION

By making a purchase on the Website or creating an account, you acknowledge that we may send you communications or data concerning our products and services. Your agreement to receive such communications is implicit.

Except when an email is essential for a transaction, such as completing a sale or providing purchase-related information, we will offer you the option to opt-out of receiving commercial emails by following the provided opt-out instructions. Opting out may affect your receipt of email messages about special offers, enhancements, or other updates.

You also consent that all notices, disclosures, agreements, and other communications provided to you via email fulfill any legal requirement for written communication. This agreement to receive communications and conduct transactions by email applies to all interactions and transactions with the Company. Kindly notify us of any changes to your email address to ensure uninterrupted receipt of our communications.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We retain the right to decline any order placed with us. In our sole discretion, we may restrict or cancel quantities purchased per person, household, or order. These limitations may apply to orders under the same customer account, the same credit card, and/or orders using identical billing and/or shipping addresses. If an order change or cancellation occurs, we will attempt to notify you through the provided email and/or billing address/phone number at the time of order placement. We also reserve the right to limit or prohibit orders that, in our sole judgment, appear to be made by dealers, resellers, or distributors.

You are obligated to provide current, complete, and accurate purchase and account information for all store transactions. It is your responsibility to promptly update your account details, including your email address, credit card numbers, and expiration dates, ensuring the completion of your transactions and our ability to contact you as necessary.

SECTION 7 - PRODUCT INFORMATION AND PRICING

While we aim to provide accurate and current product information on our Website, we do not guarantee the accuracy, completeness, or reliability of details such as product descriptions, prices, images, and availability. We reserve the right to correct errors, inaccuracies, or omissions and to modify or update information at any time without prior notice.

All prices displayed on our website are in and exclude applicable taxes, shipping, and handling fees unless otherwise specified. Prices are subject to change without notice, and we reserve the right to reject or cancel orders for products listed at an incorrect price, regardless of order confirmation.

The product images on our website are for illustrative purposes only and may not accurately represent the actual product. We cannot guarantee the accuracy of colors, sizes, or other product features shown on our website, and we are not responsible for any discrepancies between the product information on our website and the actual product received by the customer.

We encourage you to thoroughly review product information, including descriptions, prices, and images, before making a purchase. For any questions or concerns about a product, please contact our customer service team for assistance.

Prices for products and services are subject to change without notice. We reserve the right to modify or discontinue the Service, or any part thereof, without notice at any time. Special prices may be limited to specific merchandise and quantities in stock. We are not liable for any modifications, price changes, suspensions, or discontinuances of the Service.

We also reserve the right to alter the contents of this Website at any time, with no obligation to update information. You agree that monitoring changes to our Website is your responsibility.

SECTION 8 - TRADEMARKS AND COMPLIANCE

By purchasing HauteBlends products or using services, you acknowledge that HauteBlends competes with designer brands. You are clear that HauteBlends neither uses their fragrances nor is affiliated with the designer brands or their manufacturers, and that the use of any trade name or trademark is solely for reference purposes to convey scent and is not intended to mislead or confuse consumers. All trademarks are the property of their respective owners, and HauteBlends is in compliance with the Federal Trade Commission's Statement of Policy Regarding Comparative Advertising. In agreeing to purchase products or use services, you confirm your understanding of these terms.

SECTION 9 - OFFERS AND DISCOUNTS

To avail of any discount codes, the code must be entered at the checkout for validation. Customers are responsible for confirming that the discount has been applied before completing the order. Kindly note that discount codes cannot be used concurrently with other codes or offers. If multiple discounts have been applied, we reserve the right to decline service.

SECTION 10 - USE OF WEBSITE

The Company disclaims responsibility for any damages resulting from the use of the Website by anyone. Users are prohibited from using the Website for illegal purposes. Users agree to (a) adhere to all applicable local, state, national, and international laws and regulations in their use of the Website (including intellectual property laws), (b) refrain from interfering with or disrupting the use and enjoyment of the Website by other users, (c) not resell material on the Website, (d) avoid engaging in the transmission of "spam," chain letters, junk mail, or any other form of unsolicited communication, (e) refrain from defaming, harassing, abusing, or disrupting other users of the Website, (f) abstain from engaging in any act that is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, trolling, propaganda, or otherwise unlawful in any manner whatsoever.

SECTION 11 - LICENSE

By utilizing this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website for your personal, non-commercial use. Copying, reproducing, transmitting, distributing, or creating derivative works of such content or information is not allowed without express written authorization from the Company or the applicable third party.

SECTION 12 - PAYMENT METHOD

Payments for the Products on the Website can be made through various methods, including Credit Cards, Debit Cards, Google Pay, Apple Pay, Shop Pay, PayPal, etc.

SECTION 13 - CHAT FACILITY

The chat facility is provided for Website-related queries, subject to the following conditions:

The Company may suspend the chat service at any time without notice.
The Company or its executives are not responsible for any delays in attending or replying to queries via chat.
Communication through chat may be stored by the Company for future reference.
During 'chatting,' objectionable information is not allowed, including content that is unlawful, threatening, abusive, defamatory, or obscene
The chat room shall not be used for selling products or solicitation.

SECTION 14 - TRACKING FACILITY

Upon product dispatch, an email with tracking details is sent. Orders can also be tracked on the 'Your orders' option on the My Accounts page.

SECTION 15 - WEBSITE SECURITY

You agree to use the website in accordance with these Terms. If your unauthorized use of the website leads to loss or damage for any individual who subsequently files a claim against us, you commit to indemnifying us for all resulting losses and damages.

As a user of this website, you undertake:

Not to use our website in any way that causes or may cause damage to the website or impairment of the availability or accessibility of the website; or in any way connected to unlawful, illegal, fraudulent, or harmful activity or purpose;
Not to use our website to copy, store, host, transmit, send, use, publish or distribute any material that consists of (or is linked to) any spyware, virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software, or engage in harmful activities;
Not to conduct any systematic or automated data collection activities, including without limitation scraping, data mining, data extraction, and data harvesting on or in relation to our website without our express written consent;
Not to knowingly or recklessly contravene, in the course of using this website, the provisions of any legal or regulatory requirements of any competent authority having jurisdiction over you or over any activity you undertake;
Not to use this website to make unauthorized attempts to access or interfere with any of our systems or third party networks;
Not to use this website to conduct any business or activity or solicit the performance of any activity that is prohibited by law;
Not to use this website for the transmission or posting of any material which is defamatory, offensive or of an abusive or obscene or menacing nature or which infringes third-party rights, or for the purpose of causing annoyance, inconvenience or needless anxiety to any third party, or send any message which you know to be false or make use of this website for such purpose(s);
To inform us immediately of any claim or action against you for any use of this website and, on request from us, to immediately cease the act complained of.

HauteBlends is entitled to investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

SECTION 16 - PRIVACY AND USAGE OF COOKIES

HauteBlends will not intentionally revealing any personally identifying information about you to third parties, except when deemed necessary to comply with the law or enforce these Terms. Your use of our website implies your acceptance of HauteBlends's Privacy Policy.

Members signing up for the website opt to receive newsletters and special offers via emails/notifications; you can opt-out at any time.

Kindly refer to our Privacy Policy and Cookies Policy for further details.

SECTION 17 - INTELLECTUAL PROPERTY RIGHTS

"Intellectual Property Rights" encompass rights under patent law, copyright law, moral rights law, trade secret law, trademark law, unfair competition law, publicity rights law, privacy rights law, and other proprietary rights, along with applications, renewals, extensions, restorations, and reinstatements worldwide.

All material (including but not limited to) and content on the Website, such as images, illustrations, text, graphics, logos, button icons, audio clips, digital downloads, data compilations, and software, belongs to us, our affiliates, or content suppliers. This content is protected by domestic and international intellectual property law, covering copyright, authors' rights, database rights, trademarks, and other intellectual property rights owned and controlled by us or parties licensing their material to us.

The compilation of all content on the Website is our exclusive property, safeguarded by domestic and international copyright and database rights laws.

You agree not to copy, reproduce, republish, upload, post, transmit, or distribute such material in any way, whether directly or indirectly through email or other electronic means. Assisting others in doing so is prohibited. Modification of materials, using them on other websites, or employing them for any purpose other than personal, non-commercial use without the owner's prior written consent is a violation of copyrights, trademarks, and other proprietary rights.

SECTION 18 - REVIEWS AND FEEDBACK

Customer reviews are allowed. Reviews may be used in marketing materials. By submitting a review, you acknowledge that your comments may be utilized on our website or in our marketing materials. We retain the right to edit or remove any reviews containing inappropriate or offensive language. Failure to comply with the Terms may result in the expulsion of customers, denying them continued access to the ability to post reviews in the future.

In no circumstances shall we, along with our subsidiaries, affiliates, officers, directors, agents, co-branders, or other partners, employees, or representatives, be held liable for any loss or damage resulting from your reliance on information obtained through posted comments. The opinions expressed by individuals other than the Company solely represent the views of those customers and do not reflect the opinions of the Company, its subsidiaries, or affiliates.

Moreover, you acknowledge and consent that any feedback, encompassing suggestions, comments, ideas, or other information, provided by you through email or other submissions (collectively referred to as "Feedback"), is non-confidential. By submitting Feedback, you confer upon the Company, its affiliates, subsidiaries, successors, and assigns an irrevocable, worldwide, transferable, nonexclusive, royalty-free, and fully sub-licensable right to utilize such Feedback for any purpose without providing any compensation or attribution to you.

SECTION 19 - DISCLAIMER OF WARRANTIES

Your utilization of the Website and/or Products is at your sole risk. The Website and the Products are presented on an "as is" and "as available" basis. The Company explicitly disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement concerning the Products or Website content, or any reliance upon or use of the Website content or Products.

Without constraining the generality of the foregoing, the Company provides no warranty:

That the information provided on this Website is accurate, reliable, complete, or timely;
That the links to third-party websites lead to information that is accurate, reliable, complete, or timely;
That any advice or information, whether oral or written, obtained by you from this Website will create any warranty not expressly stated herein;
As to the results that may be obtained from the use of the Products or that defects in the Products will be corrected; and
Regarding any Products purchased or obtained through the Website.

The inclusion of any Products or offers on the Website at a specific time does not imply or warrant that the Products or offers will be available at any time.

The Company reserves the right, at any time, to change or discontinue any aspect or feature of the Website, including, but not limited to, content, hours of availability, and equipment needed for access or use. Furthermore, the Website may discontinue disseminating any portion of information or category of information. The Company disclaims any responsibility and shall not be liable for any loss or damage whatsoever arising out of or in connection with any ability/inability to access or use the Website.

SECTION 20 - LIMITATION OF LIABILITY

The Company assumes no liability or exclusive remedy, in law, in equity, or otherwise, concerning the Website content and Products and/or for any breach of these Terms. The Company shall not be liable for any direct, indirect, incidental, special, or consequential damages or loss in connection with these Terms or the Products in any manner, including liabilities resulting from:

(a) the use or the inability to use the Website content or Products or allied services;

(b) the cost of procuring substitute Products or content;

(d) any alleged lost profits, even if we have been advised of the possibility of such damages, and in no event shall our maximum aggregate liability exceed.

You agree that, to the fullest extent permitted by applicable law, neither the Company nor our affiliates, partners, or licensors will be responsible or liable (whether in contract, tort (including negligence) or otherwise) under any circumstances for:

(a) interruption of business;

(b) access delays or access interruptions to the Website;

(d) loss or damages of any sort incurred as a result of dealings with or the presence of third-party website links on the Website;

(e) viruses, system failures, or malfunctions which may occur in connection with your use of the Website, including during hyperlink;

(f) any inaccuracies or omissions in content; or

(g) events beyond the reasonable control of the Company.

We make no representations or warranties that defects or errors will be corrected. This disclaimer constitutes an essential part of these Terms.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations may not apply to you.

SECTION 21 - INDEMNIFICATION

You will release, indemnify, defend, and hold harmless the Company, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates, and assigns from all liabilities, claims, damages, costs, and expenses, including reasonable attorney’s fees and expenses, of third parties relating to or arising out of:

(a) these Terms or the breach of your warranties, representations, and obligations under these Terms;

(b) the Website content or your use of the Website content;

(d) any intellectual property or other proprietary right of any person or entity;

(e) your violation of any provision of these Terms; or

(f) any information or data you supplied to the Company.

When the Company is threatened with suit or sued by a third party, the Company may seek written assurances from you concerning your promise to indemnify the Company; your failure to provide such assurances may be considered by the Company to be a material breach of these Terms. The Company will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or Products, with counsel of the Company's choice at its expense. The Company will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend the Company against any claim, but you must receive the Company's prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of these Terms or your use of the Website or the Products.

SECTION 22 - GOVERNING LAW AND JURISDICTION

These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in all respects in accordance with the Laws of Nevada, United States of America and shall have exclusive jurisdiction over any dispute arising under this Agreement.

SECTION 23 - LEGAL NOTICES

Legal notices must be served on the email address provided in the ‘Contact Us’ clause. Notice will be deemed given 48 hours after the email is sent unless the sending party is notified that the email address is invalid or that the email has not been delivered. Alternatively, we may give you legal notice by mail to the address provided by you during the registration process. In such a case, notice will be deemed given three days after the date of mailing.

SECTION 24 - LEGAL DISPUTES

If a dispute arises between you and the Company, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. We strongly encourage you to first contact us to seek a resolution. If your dispute is not resolved by contacting us, all legal notices and formal disputes should be sent to us at the email address provided in the ‘Contact Us’ clause.

If we have not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms through binding arbitration or (for qualifying claims) in a small claims court.

Arbitration is a more informal way to resolve our disagreements than a lawsuit in court. For instance, arbitration uses a neutral arbitrator instead of a judge or jury, involves more limited discovery, and is subject to very limited review by courts. Although the process is more informal, arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to these Terms of Use, the US Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and HauteBlends are each waiving the right to a trial by jury or to participate in a class action. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement. This arbitration provision shall survive the termination of this Agreement and the termination of your Company's account.

Any arbitration will be administered by the American Arbitration Association ("AAA") under the Consumer Arbitration Rules then in effect for the AAA, except as provided herein. You can find their forms at www.adr.org . Unless you and HauteBlends agree otherwise, the arbitration will be conducted in the county where you reside. Each party will be responsible for paying any AAA filing, administrative, and arbitrator fees in accordance with AAA rules.

The arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on which the award is based, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts, including for matters related to data security, intellectual property, or unauthorized access to the Service.

ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND HAUTEBLENDS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.

To the extent that any claim, dispute, or controversy regarding the HauteBlends or our Service is not arbitrable under applicable laws or otherwise, you and the Company both agree that any claim or dispute regarding the Company will be resolved exclusively in accordance with the applicable federal and state laws. If you are a consumer in the EEA, then this clause does not apply to you.

SECTION 25 - REMOVAL OF DOUBTS

Notwithstanding anything stated in this Regulation for any unforeseen issues arising, and not covered by this regulation, or in the event of differences of interpretation, the CEO of the Company may take a decision as he/she may deem fit. The decision of the CEO shall be final.

SECTION 26 - MISCELLANEOUS

Severability - The provision or part-provision of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this, agreement. If any provision or part-provision of this Agreement is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that as amended, It is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision."

Entire Agreement - The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us. Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.

Waiver - If you breach these Terms and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms.

Amendments - Notwithstanding anything contained hereinbefore, HauteBlends may amend and implement the Terms, whenever required, in the interest of maintaining the standard and improving user experience without any prior notice and you shall be governed by such Terms so implemented from time to time. Please review the Terms from time to time on a regular basis since your ongoing use is subject to the Terms as amended.

Force Majeure - No one shall be liable for any delay or failure in performance due to events outside the defaulting Party's reasonable control, including without limitation acts of God, earthquake, riots, war, acts of terrorism, fire, epidemics, or delays of common carriers or other circumstances beyond its reasonable control.

SECTION 27 - TERMINATION OF ACCOUNT

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

RETURNS & REFUND POLICY: https://hauteblends.com/policies/refund-policy

SHIPPING POLICY: https://hauteblends.com/policies/shipping-policy

PRIVACY POLICY: https://hauteblends.com/policies/privacy-policy

LEGAL DISCLAIMER: https://hauteblends.com/pages/comparative-advertising

CONTACT US

After reviewing this policy, if you have any additional questions, concerning these Terms and Conditions, please contact us by sending an email to Care@HauteBlends.com by adding the word “Terms” in the subject line.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.

Last Updated: March 8th, 2024.