TERMS OF SERVICE

Xotic Perfumes  |  www.xoticperfumes.com  |  Last Updated: 2025

 

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THIS WEBSITE OR PLACING AN ORDER. BY ACCESSING OR USING OUR WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS.

1. AGREEMENT TO TERMS

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer,""you," or "your") and Xotic Perfumes LLC ("Xotic Perfumes,""we,""us," or "our"), a Texas limited liability company located at 6824 Harwin Dr, Houston, TX 77036. These Terms govern your access to and use of our website at www.xoticperfumes.com (the "Site"), as well as any purchases made through the Site or at our physical retail location.

By accessing the Site, creating an account, placing an order, booking a service, or otherwise interacting with us online or in-store, you confirm that you have read, understood, and agree to be bound by these Terms and all policies incorporated herein by reference. If you do not agree with any portion of these Terms, you must not use our Site or services.

We reserve the right to modify, amend, or replace these Terms at any time in our sole discretion. Changes become effective immediately upon posting to the Site. Your continued use of the Site after any modification constitutes your acceptance of the updated Terms. It is your responsibility to review these Terms periodically.

This Site is intended solely for users who are 18 years of age or older. By using this Site, you represent and warrant that you are at least 18 years old. We do not knowingly collect information from or market to persons under 18.

2. INTELLECTUAL PROPERTY RIGHTS

All content on this Site — including but not limited to text, graphics, photographs, logos, trade names, product descriptions, videos, audio, software, and design elements (collectively, "Content") — is the exclusive proprietary property of Xotic Perfumes or its licensors and is protected by applicable United States and international copyright, trademark, trade dress, and intellectual property laws.

The Xotic Perfumes name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Xotic Perfumes LLC. Third-party brand names, product names, and trademarks referenced on this Site (including but not limited to Lattafa, Armaf, Dior, Chanel, and others) are the property of their respective owners. Reference to any product, service, or brand does not constitute or imply affiliation, endorsement, or sponsorship by the brand owner.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Site for your personal, non-commercial use only. You may not: (a) reproduce, distribute, or create derivative works from any Content without express written permission; (b) use any automated scraping, crawling, or data-harvesting tool on the Site; (c) frame or mirror the Site; (d) use our trademarks or trade dress in connection with any product or service; or (e) remove any copyright, trademark, or other proprietary notices.

3. USER ACCOUNTS

To access certain features of the Site, including booking perfume bar sessions, tracking orders, or accessing formula reorder history, you may create an account. When creating an account, you agree to: (a) provide accurate, current, and complete information; (b) maintain and promptly update your account information; (c) keep your password confidential and not share it with any third party; and (d) notify us immediately at info@xoticperfumes.com of any unauthorized use of your account.

You are solely responsible for all activity occurring under your account. We reserve the right to suspend or terminate accounts, refuse service, or cancel orders at our sole discretion, including if we believe you have violated these Terms, provided false information, or engaged in conduct that is harmful to us, our customers, or third parties.

4. PRODUCTS, AUTHENTICITY & PRICING

4.1 Product Authenticity

Xotic Perfumes sells only 100% authentic, genuine fragrances sourced through authorized distributors and verified supply chains. We are not affiliated with, endorsed by, or an official retailer of any designer or luxury brand unless expressly stated. Designer brand names are referenced solely for comparison and identification purposes.

4.2 Product Descriptions

We make reasonable efforts to display product information, photographs, and descriptions accurately. However, we do not warrant that product descriptions, color representations, images, or other content are error-free, complete, or current. Your computer or device monitor may not accurately represent the actual colors of products. Fragrance descriptions reflect general olfactory characteristics and are subjective — individual perception of scent may vary based on body chemistry, environment, and other personal factors. We make no guarantee that any fragrance will smell identical on you as described or as experienced by others.

4.3 Pricing & Availability

All prices are displayed in U.S. dollars. Prices are subject to change without notice. We reserve the right to correct pricing errors at any time, including after an order has been placed. In the event of a pricing error, we will notify you and give you the option to proceed at the correct price or cancel your order. Products are subject to availability. We reserve the right to limit quantities, discontinue products, or refuse orders at our sole discretion.

Applicable Texas state sales tax will be charged on all taxable transactions in accordance with Texas Tax Code. We are registered to collect and remit Texas sales tax. Tax-exempt purchasers must provide valid exemption documentation before completing a purchase.

5. PURCHASES, PAYMENT & ORDER PROCESSING

5.1 Payment Methods

We accept the following payment methods: Visa, Mastercard, American Express, Discover, Apple Pay, Google Pay, Shop Pay, and PayPal. All payments are processed through secure, PCI-DSS-compliant payment processors. We do not store your full credit card information on our servers.

5.2 Order Acceptance

Placing an order on our Site constitutes an offer to purchase. We reserve the right to accept or decline any order for any reason, including but not limited to product unavailability, errors in product or pricing information, or suspected fraud. An order is not accepted until we confirm it in writing (email confirmation). We may, in our sole discretion, cancel or limit orders at any time.

5.3 Fraud Prevention

We actively monitor transactions for fraud. Orders that appear suspicious — including but not limited to unusual quantities, mismatched billing and shipping addresses, multiple orders from the same IP address, or use of prepaid cards — may be subject to additional verification or cancellation. You authorize us to share order and payment information with our payment processors and fraud-prevention partners for this purpose.

6. PROHIBITED ACTIVITIES

You agree not to use the Site or our services for any of the following purposes:

• Engaging in any unlawful, fraudulent, or deceptive conduct

• Reselling products purchased from us for commercial gain without prior written authorization as an approved wholesale account

• Submitting false, misleading, or defamatory reviews or content

• Impersonating any person or entity, or misrepresenting your affiliation with any person or entity

• Attempting to gain unauthorized access to any portion of the Site or our systems

• Using automated bots, scripts, or crawlers to access, scrape, or harvest information from the Site

• Uploading or transmitting viruses, malware, or any other harmful code

• Interfering with or disrupting the integrity or performance of the Site or related systems

• Harassing, threatening, or intimidating our employees, staff, or other customers

• Copying, duplicating, or attempting to reverse-engineer our custom fragrance formulas or blending processes

We reserve the right to investigate and prosecute violations to the fullest extent permitted by law, and to cooperate with law enforcement in prosecuting users who violate these Terms.

7. USER-GENERATED CONTENT

If you submit reviews, comments, photos, testimonials, or other content to our Site or through our social media channels (collectively, "User Content"), you grant Xotic Perfumes a non-exclusive, perpetual, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in any medium or format for marketing and promotional purposes.

You represent and warrant that: (a) you own or have the necessary rights to the User Content; (b) the User Content does not infringe any third-party rights; (c) the User Content is truthful and accurate; and (d) the User Content does not violate these Terms or any applicable law.

We reserve the right, but are not obligated, to review, edit, or remove User Content at our sole discretion without notice.

When you opt into our photo/video release at booking or in-store, you additionally grant us the right to use images and videos taken of you during your perfume bar session or in-store experience for social media, advertising, and promotional materials.

8. DISCLAIMER OF WARRANTIES

THE FOLLOWING SECTION LIMITS OUR LIABILITY. PLEASE READ CAREFULLY.

THE SITE AND ALL PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, XOTIC PERFUMES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE.

We do not warrant that: (a) the Site will be uninterrupted, error-free, or secure; (b) defects will be corrected; (c) the Site or servers are free of viruses or harmful components; (d) any product will meet your personal scent preferences or expectations; or (e) any custom fragrance blend will produce identical results across all individuals due to variations in skin chemistry, body temperature, diet, medications, and other personal factors.

Fragrance products may cause allergic reactions in sensitive individuals. It is your responsibility to review ingredient information, conduct patch tests, and consult a medical professional if you have known allergies or sensitivities. Xotic Perfumes is not liable for adverse skin reactions, allergic responses, or other personal injury resulting from product use.

9. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL XOTIC PERFUMES, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, OUR PRODUCTS, OR OUR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO US IN THE 90 DAYS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so some of the above limitations may not apply to you.

10. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Xotic Perfumes LLC, its members, managers, officers, employees, agents, contractors, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (a) your violation of these Terms; (b) your use of the Site or our services; (c) your User Content; (d) your violation of any third-party rights; or (e) your negligence or willful misconduct.

11. GOVERNING LAW & DISPUTE RESOLUTION

11.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.

11.2 Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. Except for claims that qualify for small claims court and claims related to the protection of intellectual property rights, any dispute, claim, or controversy arising out of or relating to these Terms or our products and services shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, before a single arbitrator. The arbitration shall be conducted in Houston, Harris County, Texas, or via video conference at the election of either party.

CLASS ACTION WAIVER: YOU AND XOTIC PERFUMES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING.

11.3 Venue for Non-Arbitrable Claims

For any claims not subject to arbitration, you consent to the exclusive jurisdiction of the state and federal courts located in Harris County, Texas, and waive any objection to venue or jurisdiction in such courts.

12. MISCELLANEOUS

• Entire Agreement: These Terms, together with all policies incorporated by reference, constitute the entire agreement between you and Xotic Perfumes regarding your use of the Site and supersede all prior agreements and understandings.

• Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

• Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

• Assignment: You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights without restriction.

• Contact: For questions about these Terms, contact us at: Xotic Perfumes LLC, 6824 Harwin Dr, Houston, TX 77036 | info@xoticperfumes.com.