Terms of service

OVERVIEW

Welcome to Potion Fragrances. The terms “we,” “us,” and “our” refer to Potion Fragrances. Potion Fragrances operates this store and website, including all related information, content, features, tools, products, and services in order to provide you, the customer, with a curated shopping experience (the “Services”). Potion Fragrances is powered by Shopify, which enables us to provide the Services to you.

The following terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access 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 of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.

To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide is correct, current, and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all activity associated with your account. You may not transfer, sell, assign, or license your account to another person.

SECTION 2 - OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services in our online store. However, colors or product appearance may differ from how they appear on your screen due to the type of device you use, your display settings, or other technical factors.

We do not warrant that the appearance or quality of any products or services purchased by you will exactly match how they appear or are represented online.

All product descriptions are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of products offered to any person, geographic region, or jurisdiction on a case-by-case basis.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. Potion Fragrances reserves the right to accept or decline your order for any reason at our discretion.

Your order is not accepted until Potion Fragrances confirms acceptance. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting it, as Potion Fragrances may be unable to accommodate cancellation requests after an order has been accepted.

If we do not accept, make a change to, or cancel an order, we will attempt to notify you using the email address, billing address, or phone number provided at the time the order was placed.

Your purchases are subject to return or exchange solely in accordance with our Refund Policy.

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

SECTION 4 - PRICES AND BILLING

Prices, discounts, and promotions are subject to change without notice.

The price charged for a product or service will be the price in effect at the time the order is placed and will be shown in your order confirmation email.

Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, or other applicable charges.

Prices posted in our online store may differ from prices offered at physical events, markets, or through third-party retailers.

We may offer promotions from time to time that affect pricing and that may be governed by terms and conditions separate from these Terms. If there is a conflict between the terms of a promotion and these Terms, the promotion terms will govern.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made through our store.

You agree to promptly update your account and other information, including your email address and payment information, so that we can complete transactions and contact you as needed.

You represent and warrant that the payment information you provide is true, correct, complete, and authorized for use and that you will pay all charges incurred at the posted prices, including applicable shipping charges and taxes.

SECTION 5 - SHIPPING AND DELIVERY

All delivery times are estimates only and are not guaranteed.

We are not responsible for delays caused by shipping carriers, weather, service interruptions, or other events outside of our reasonable control.

Once products are transferred to the shipping carrier, delivery is handled by that carrier.

For additional information regarding shipping rates, destinations, processing times, damaged orders, and lost packages, please review our Shipping and Returns information.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, audio, and the design, selection, and arrangement thereof, are owned by Potion Fragrances, its affiliates, or licensors and are protected by applicable U.S. and foreign intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our prior written consent.

Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property belonging to Potion Fragrances, Shopify, or any third party.

Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted herein are reserved by Potion Fragrances.

Potion Fragrances’ names, logos, product and service names, designs, and slogans are trademarks of Potion Fragrances or its affiliates or licensors. You must not use such trademarks without prior written permission.

Shopify’s name, logo, product and service names, designs, and slogans are trademarks of Shopify.

All other names, logos, product and service names, designs, and slogans appearing through the Services are the trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have control or input over.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without warranties, representations, or conditions of any kind and without endorsement.

We shall have no liability arising from or relating to your use of optional third-party tools.

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

We may also offer new features through the Services in the future, including new tools and resources. Such features shall also be deemed part of the Services and will be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties, including embedded third-party functionality.

We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites you choose to access.

If you leave the Services to access third-party materials or websites, you do so at your own risk.

We are not liable for harm or damages related to your access of third-party websites or your purchase or use of products, services, resources, or content provided by third parties.

Please review third-party policies and practices carefully before engaging in any transaction.

Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the applicable third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Potion Fragrances is powered by Shopify, which enables us to provide the Services to you.

However, any sales and purchases made through our store are made directly with Potion Fragrances.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Potion Fragrances, including any injury, damage, or loss resulting from purchased products and services.

You hereby expressly release Shopify and its affiliates from claims, damages, and liabilities arising from or related to your purchases and transactions with Potion Fragrances.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy.

Certain personal information may also be subject to Shopify’s Privacy Policy.

By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes certain personal information relating to your access to and use of the Services in order to provide and improve the Services.

Information you submit through the Services may be transmitted to and shared with Shopify and other service providers that may be located outside of your state or country of residence in order to provide services to you.

Please review our Privacy Policy for more details about how we, Shopify, and our service providers collect, use, and process personal information.

SECTION 11 - FEEDBACK

If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, or other content to us (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial use.

We may use Feedback to operate, provide, evaluate, enhance, improve, and promote the Services and to perform our obligations and exercise our rights under these Terms.

You represent and warrant that:

You own or have all necessary rights to the Feedback.
You have disclosed any compensation or incentives received in connection with your submission.
Your Feedback complies with these Terms.

We are under no obligation to maintain Feedback in confidence, pay compensation for Feedback, or respond to Feedback.

We may, but have no obligation to, monitor, edit, or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable, or that violates another party’s intellectual property rights or these Terms.

You agree that your Feedback will not violate the rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights.

You further agree that your Feedback will not contain unlawful, abusive, or obscene material or any computer virus or malware that could affect the operation of the Services.

You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties regarding the origin of Feedback.

You are solely responsible for the Feedback you provide and its accuracy.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on or through the Services that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, or availability.

We reserve the right to correct errors, inaccuracies, or omissions and to change or update information or cancel orders if information is inaccurate at any time without prior notice, including after you have submitted an order.

SECTION 13 - PROHIBITED USES

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

You may not access or use the Services, directly or indirectly:

(a) for any unlawful or malicious purpose;

(b) to violate any international, federal, state, or local law, regulation, rule, or ordinance;

(d) to harass, abuse, insult, harm, defame, slander, disparage, or intimidate our employees or any other person;

(e) to transmit false or misleading information;

(f) to send, knowingly receive, upload, download, use, or reuse material that does not comply with these Terms;

(g) to transmit or procure the sending of advertising or promotional material, including junk mail, chain letters, spam, or similar solicitations;

(h) to impersonate or attempt to impersonate another person or entity; or

(i) to engage in conduct that restricts or inhibits another person’s use or enjoyment of the Services or that may harm Potion Fragrances, Shopify, or users of the Services.

You also agree not to:

(a) upload or transmit viruses or other malicious code;

(b) reproduce, duplicate, copy, extract, sell, resell, or exploit any portion of the Services;

(d) spam, phish, pharm, or pretext the Services;

(e) use automated scraping, data gathering, extraction tools, robots, spiders, artificial intelligence tools, or other automated or manual processes to access the Services in a manner prohibited by us; or

(f) interfere with, bypass, or circumvent security, authorization, robot exclusion, or other measures we use to restrict access to the Services.

We reserve the right to suspend, disable, or terminate your access to the Services if we determine that you have violated any part of these Terms.

SECTION 14 - AGENTS

This section applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with the Services.

“Agent” means software or a service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, a person or entity and that can operate without direct human supervision.

No Agent may access, use, or interact with the Services unless it identifies itself and operates in accordance with the requirements described below.

We may limit, including through technical measures, whether and how an Agent accesses, uses, or interacts with the Services.

Agents must identify themselves in connection with access to the Services and must not conceal or misrepresent that interactions are generated by an automated system.

Agents may not circumvent CAPTCHAs or other measures intended to distinguish human users from automated systems and may not circumvent or avoid measures intended to block, limit, modify, or control automated access to the Services.

SECTION 15 - TERMINATION

We may terminate this agreement or your access to the Services, or any portion thereof, in our sole discretion at any time, subject to applicable law.

You will remain liable for all amounts due up to and including the date of termination.

The following sections will continue to apply following termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver and Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 16 - DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available for general informational purposes.

We do not warrant the accuracy, completeness, or usefulness of this information.

Any reliance you place on such information is strictly at your own risk.

To the fullest extent permitted by applicable law, except as expressly stated by Potion Fragrances, the Services and products offered through the Services are provided “as is” and “as available” without representations, warranties, or conditions of any kind, either express or implied.

This includes implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

We do not guarantee, represent, or warrant that your use of the Services will be uninterrupted, timely, secure, or error-free.

Some jurisdictions limit or do not allow certain warranty disclaimers, so portions of this section may not apply to you.

SECTION 17 - LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, Potion Fragrances and our partners, directors, officers, employees, affiliates, agents, contractors, service providers, licensors, and those of Shopify and its affiliates shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind.

This includes, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or similar damages, whether based in contract, tort, negligence, strict liability, or otherwise, arising from your use of the Services or any products purchased through the Services.

This limitation also applies to claims relating to errors or omissions in content or loss or damage incurred as a result of the use of Services, content, or products made available through the Services, even if advised of the possibility of such damages.

SECTION 18 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Potion Fragrances, Shopify, and our respective affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from losses, damages, liabilities, or claims, including reasonable attorneys’ fees, payable to a third party due to or arising out of:

Your breach of these Terms of Service or documents incorporated by reference;
Your violation of applicable law or the rights of a third party; or
Your access to and use of the Services.

We will notify you of an indemnifiable claim, provided that failure to promptly notify you will not relieve you of your obligations unless you are materially prejudiced.

We may control the defense and settlement of such a claim at your expense, including the choice of counsel, but will not settle a claim requiring non-monetary obligations from you without your consent, which shall not be unreasonably withheld.

You agree to cooperate in the defense of indemnified claims, including by providing relevant documents when reasonably requested.

SECTION 19 - SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision shall nevertheless be enforceable to the fullest extent permitted by applicable law.

The unenforceable portion shall be deemed severed from these Terms of Service, and such determination shall not affect the validity and enforceability of the remaining provisions.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

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

These Terms of Service and any policies or operating rules posted by us on this site constitute the entire agreement and understanding between you and us regarding your use of the Services.

They supersede prior or contemporaneous agreements, communications, and proposals, whether oral or written, relating to the Services.

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

SECTION 21 - ASSIGNMENT

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

Any attempt to do so without consent will be null and void.

We may transfer, assign, or delegate these Terms and our rights and obligations under them as permitted by applicable law.

SECTION 22 - GOVERNING LAW

These Terms of Service and any separate agreements through which we provide you Services shall be governed by and construed in accordance with the laws of the State of Florida and applicable federal laws of the United States.

SECTION 23 - HEADINGS

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

SECTION 24 - CHANGES TO TERMS OF SERVICE

You can review the most current version of these Terms of Service at any time on this page.

We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website.

Where required by applicable law, we will provide notice of material changes.

Your continued use of or access to the Services following the effective date of updated Terms constitutes acceptance of those changes.