Terms Of Sale
THESE TERMS OF SALE (THESE "TERMS OF SALE") GOVERN YOUR PURCHASE OF ANY PRODUCT OR SERVICE OFFERED BY Indigo Fragrance. ("Indigo Fragrance", "US" OR "WE") THROUGH www.IndigoFragrance.com (THE "SITE") OR (UNLESS OTHER TERMS OF SALE ARE EXPRESSLY AGREED BETWEEN THE PARTIES IN WRITING) BY TELEPHONE, FACSIMILE or E-MAIL. PLEASE READ THESE TERMS OF SALE CAREFULLY. THEY CONTAIN VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. BY PLACING AN ORDER, YOU ACKNOWLEDGE THAT YOU HAVE READ, ACCEPTED AND AGREED TO BE BOUND BY THESE TERMS OF SALE, WITHOUT LIMITATIONS OR QUALIFICATIONS OF ANY SORT. THESE TERMS OF SALE ARE SUBJECT TO MODIFICATION WITHOUT PRIOR WRITTEN NOTICE AT ANY TIME IN OUR SOLE DISCRETION. YOU SHOULD PERIODICALLY REVIEW THESE TERMS OF SALE TO ENSURE THAT YOU REMAIN UP TO DATE ON ALL SUCH CHANGES.
Orders
Unless you and Indigo Fragrance have executed a separate written sales agreement, then, unless such separate agreement is referenced in your order, these Terms of Sale will govern our sale of products and/or services to you, and by placing an order with us, you agree to be bound by these Terms of Sale with regard to that order. The pre-printed terms of any documents, such as purchase orders, that you may submit to us in conjunction with an order for products will not alter, change or add to these terms, regardless of how we acknowledge or accept your order and regardless of the fact that such pre-printed terms may contain language stipulating that they supersede these Terms of Use. All orders are deemed to have been placed and accepted in Necedah, WI. All orders are subject to acceptance by us, and once accepted, an order cannot be cancelled, modified or rescheduled by you without our consent. We reserve the right to refuse, reject or cancel any order, or to limit the size of any order, at any time at our sole discretion. Not all fragrances are safe for body products. Please see individual fragrance oil listings for body product safety information.
Free Samples
Indigo Fragrance offers one (1) one free sample vial (1.15 ml) with each order containing more than (1) 1 oz. fragrance oil before taxes and shipping fees are applied. Choice of scent is at our discretion. Placing additional orders for the purpose of collecting more than one free sample will be considered abuse of the promotion. Such actions will result in removal of all free samples from additional orders.
Availability
Availability of our products and/or services is subject to change without notice. If a product is not in stock when you place your order, we will do our best to advise you when the product will be available. Indigo Fragrance shall not be liable for any claims or damages arising in connection with products which are out of stock or otherwise unavailable. Indigo Fragrance reserves the right to discontinue the sale of any product or service at any time without notice to you or any other third party.
Prices
Prices shall be our published prices for the products or as otherwise quoted by us to you in writing. Unless otherwise specified by us, any written or electronic price quotes we may provide from time to time are valid only for the period of time specified in such quote. We reserve the right to increase the price for any product without notice to you (provided, that we will not increase prices for products which have been previously ordered by you but not yet shipped). We are not responsible for any errors on the Site. In the event a product is listed at an incorrect price due to typographical, photographic or technical error or error in pricing information received from our suppliers or manufacturers, we reserve the right to refuse or cancel any orders placed for that product listed at the incorrect price.
No Minimum Order
We do not require a minimum dollar amount for orders. The minimum quantity required may vary between products. Promotions may require minimum dollar amounts or purchase quantities to qualify for promotional pricing or products.
Tax Exemption
If you or your organization is exempt from the payment of sales tax, you must submit the proper documentation to us prior to placing your order to avoid collection of tax. We are unable to refund sales tax assessed on orders placed before your tax exemption paperwork is processed. Please allow 5 - 7 business days for processing your tax exemption paperwork once submitted.
While Indigo Fragrance may not currently collect sales or use tax in your state, your purchase is not necessarily exempt from sales or use tax merely because it was purchased via the internet. Some states require purchasers in that state to file a sales and/or use tax return each year reporting all non-taxed purchases and to pay tax on those purchases. Many states require that a reseller pay tax on purchases made for consumption rather than resale. Any information about how your state collects taxes should be found on your state’s Department of Revenue website.
Payment Terms
We accept payment by Paypal, VISA, MasterCard and Discover. We also accept American Express through Paypal. Your credit card, debit card or PayPal payment method will be charged at the time any order is placed. You agree to address any and all product and transaction claims solely with us and not to initiate, under any set of circumstances, charge refusals or charge-backs with credit card issuers, and you agree to indemnify us for any expenses or damages we may suffer on account of the initiation by you of any such charge refusal or charge-back.
Security When Ordering
We understand that online credit card security is of great concern to our customers. So when you enter your credit card number and billing information into our system, it is immediately and securely sent to our merchant provider for verification. We never store our customers' credit card numbers in our system. In fact, we never see them. Secure Socket Layer (SSL) technology and Industry Standard Firewalls work together to ensure your privacy and to assist in protecting your personal data. We use SSL technology to provide you with the safest, most secure shopping experience possible. SSL technology enables encryption (scrambling) of sensitive information during your online transactions. All forms requiring payment or personal information, within our website, are secured with SSL technology so your data stays safe and out of malicious hands. Our servers are protected by secure firewalls which are communication management servers specially designed to keep information secure and inaccessible by other Internet users.
Shipping
Order characteristics such as size, weight and distance will determine the method for delivering your order. Orders will ship via courier, parcel services or motor freight as selected by us at the time the order is packed for shipment. Shipping fees are calculated per order and displayed to customer prior to order completion and collection of payment. All shipping fees are charged at the time the order is placed and are considered final.
If a shipping rate or carrier is quoted incorrectly due to typographical error or error in pricing information, we shall have the right to refuse, adjust or cancel the applicable order whether or not the order has been confirmed or whether or not payment has been remitted. We shall make every reasonable effort to meet your specified delivery date, but in no case shall we be liable to you if we are unable to meet such date.
It is your responsibility to provide accurate contact and shipping information. Additional shipping charges may apply if we or the shipper is unable to contact you, or if you are not available to receive the shipped products, or if products are redirected at your request. In the event the delivery location is not entered correctly, we or the motor freight carrier will bill you directly for any additional shipping, handling or other fees. We are not responsible for any errors made in your billing or shipping addresses. Please double check all information prior to placing your order. All shipping labels will be made to the address you provided. In the event an order is placed and the shipping address is incorrect or invalid and sent back to us, the buyer will be responsible for any additional shipping costs associated to have the order re-shipped. Indigo Fragrance will not be held liable for shipments directed to an address other than the shipping address on the original order.
Indigo Fragrance does not prepare orders selected for pick up for shipping or transport via a third party. Indigo Fragrance reserves the right to refuse delivery to a common carrier or other third party attempting to pick up an order on behalf of Customer. Indigo Fragrance does not support the use of freight forwarding services. Customers engage freight forwarders at their own risk. Indigo Fragrance will not complete or sign any documentation from freight forwarding companies or forwarding agents or replace any orders going through a freight forwarder.
We reserve the right to change the shipping method for your order at any time to allow for accurate coverage of shipping and packaging charges or to better suit the needs or requirements of the content shipped. We currently ship to all 50 states in the US. This especially rings true as we just launched or new website and are still working out kinks.
PLEASE NOTE: Unless specifically requested by you, the customer, we authorize shipping carriers to release your package(s) without a signature at the delivery destination. If your package status shows delivered and you did not receive your package, it may have been stolen. We are not responsible for stolen packages. A delivery status releases us from all liability. If you would prefer signature delivery, you must put this in the comments section at checkout or give us a call before placing your order. Please note: We reserve the right to require signature delivery for any package at any time for any reason at our discretion.
Returns and Refunds
Due to health and sanitary concerns, and to protect the integrity and quality of our oils, fragrance oils are non-returnable, non-refundable and non-exchangeable. We highly recommend purchasing sample sizes to ensure that you (or your customers) like the scents and that they perform properly in chosen applications before investing in larger sizes. Note: Fragrance oils can best be judged when used in an actual application and not directly out of the bottle. ALL FRAGRANCE OIL SALES ARE FINAL. If you receive an order where we have made an error, please contact us within 48 hours of delivery with the details. Any damage or shortages must be reported within 48 hours of receipt. Photographs of any damage/loss will be requested (including packaging and invoice), so please do not throw package away until after photos have been submitted and the issue has been fully resolved. If a package is heavily damaged upon receipt, please refuse package from carrier. We are not responsible for packages where delivery confirmation has been provided by the carrier.
Items Missing
Our orders are triple checked by our team before they leave our warehouse. We have video cameras in our shipping department t record outgoing packages. We also double check the weight of all items in an order against the weight recorded at shipping. Many times items that appear to be missing from an order are either hidden among packing materials. Please completely unpack everything and thoroughly search inside the box (and among packing materials such as peanuts) before calling us about a missing item.
Lost or Delayed Package Policy
We do everything in our power to ensure fast, accurate deliveries, but errors can occur. Once packages leave our facility we have no control over the route USPS or UPS uses to deliver your package. In the event that your package is delayed via USPS or UPS, please reach out to your local post office or local regional post office with your tracking number for assistance on locating your package. We are not responsible for any lost or delayed packages. If your package shows as delivered and you cannot find it, we always suggest doing in these situations are to first check with other members of your household (if any) to see if they received the package. Second, check with neighbors as sometimes a mailman or courier might deliver to the wrong mailbox or building. Please check with your local post office or courier while the package is still fresh in their minds. Please make note of anyone you talk to there.
Reselling by You
The products and services available on the Site are for personal and/or professional use only. You may not sell or resell any of the products or services, or samples thereof, you purchase or otherwise receive from us without our express written permission. Indigo Fragrance reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products or services to be provided to you that we believe, at our sole discretion, may result in the violation of these Terms.
You shall be solely responsible for providing support to your customers or resellers of your products or services. You agree to indemnify and hold us harmless from any claims asserted by a third party, regardless of the theory under which such claim is asserted, arising out of the resale or distribution of any products by you. Also, you are not authorized to use any of our trademarks or trade names or those of our manufacturers or suppliers without our or their consents, as the case may be.
Unauthorized Use of Products
The products sold by us are not intended or authorized for use with any real-time application in which failure of the products could create a situation where personal injury or death may occur. Many of our products, if not used correctly, can cause fires, injury or even death. Buyer is ultimately responsible for ensuring that you are using all products purchased from us in a safe and appropriate manner.
Indigo Fragrance shall not be liable for any claims, damages or injuries caused by your negligence, the negligence of any of your customers, the misuse of any of our products or services by you or any third party to which you provide access to our products, or any other damages or injuries arising out of your use of any of our products. You agree that you will not use or knowingly sell the products to your customers who intend to use the products in an inappropriate manner or in any unauthorized applications. We and our suppliers shall have no liability when products are used in conjunction with such applications.
Trademarks
This Website contains materials, such as names, phrases and/or logos, that are either registered or unregistered trademarks, service marks or trade dress of the Company or its licensors. Nothing in this Website should be construed as granting, expressly, by implication or otherwise, any license or right to use any trademark, service mark or trade dress used in this Website, in any manner whatsoever. Any unauthorized or unlawful use of any trademark, service mark or trade dress, including, but not limited to, on another website as a part of a link to this Website, without the express written permission of the Company, is strictly prohibited.
Copyright
The Content provided on this Website is subject to the ownership rights of the Company and/or its licensors. Any use of the Content on this Website without the consent of the Company is strictly prohibited. Except as otherwise provided in these Website Terms of Use, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, Content, photographs, materials, products or services from this Website. The Company will aggressively enforce its intellectual property rights to the fullest extent of the law.
Copyright or Trademarks of Others
Indigo Fragrance uses either our own photographs, free to use photographs or pay per use photographs which we have purchased or obtained a license to use. Indigo Fragrance works hard to ensure that we do not use a creators/artists work without their express consent. With the internet being what it is, and sometimes others claiming ownership or copyright to works that are not their own, it can sometimes be difficult to determine who the original creator is. For this reason, we sometimes may mistakenly use an artists/creators work that we have no license for nor consent from the artist or creator. This is completely unintentional and we invite the artist to please get in touch with us for immediate removal or so that we can negotiate or purchase a license for use of said works or give artist/creator attribution.
Limitation of Liability
NEITHER OF US SHALL BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS OR REVENUE, LOSS OF DATA, PROCUREMENT COSTS, OR BUSINESS INTERRUPTION COSTS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY DAMAGES IN EXCESS OF (X) THE PURCHASE PRICE OF THE PRODUCTS GIVING RISE TO SUCH CLAIM REGARDLESS OF THE THEORY UNDER WHICH SUCH CLAIM IS ASSERTED, OR (Y) FOR ALL OTHER TYPES OF CLAIMS, THE AGGREGATE AMOUNT PAID BY YOU TO Indigo Fragrance DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE APPLICABLE CLAIM.
The collective limitations on our liability under these Terms of Sale apply also to our suppliers who are intended beneficiaries of these limitations.
Export Control
You agree not to export or re-export any product or technical data except in full compliance with the export control laws and regulations of the United States government, its departments and agencies, or import or re-export any product or technical data except in full compliance of the laws of the jurisdiction into which, or from which, such product or technical data is being imported or re-exported.
Force Majeure
Except for payment obligations, neither of us shall be liable for any failure to perform due to causes beyond our reasonable control, respectively, including but not limited to acts of God or nature, war, fire, bad weather, flood, accident, labor trouble or shortage, civil disturbance, plant shutdown, equipment failure, voluntary or involuntary compliance with any applicable governmental regulation or order, or shortage or inability to obtain (on terms deemed practicable by the party affected) any raw materials (including energy), equipment or transportation. In cases of material shortages we reserve the right to allocate the delivery of affected materials as we see fit. The time for performance shall be extended by the period of the applicable force majeure event.
Warranty; Disclaimer
We agree to transfer to you, to the extent we are permitted to do so, any warranties that we have received from our suppliers or manufacturers with respect to the products sold through the Site. In that case we will have no product warranty obligations to you. As an accommodation to you, we will, in certain cases and at our sole discretion, provide reasonable assistance in the processing of product returns for which we have no warranty obligations hereunder. Where a product is warrantied, but we are not permitted to transfer the warranty to you, we will warrant that upon delivery to you (and at no other time), the products purchased will substantially conform to the applicable manufacturer's specifications for such products under the same terms as warranted by the manufacturer to us. Except for this limited warranty which we make solely to you and to the extent permitted by law, WE MAKE NO WARRANTIES, GUARANTEES OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE, OR RESPECTING NON-INFRINGEMENT OR AS TO THE ACCURACY OF ANY CONTENT IN ANY Indigo Fragrance LITERATURE OR POSTED ON THE SITE. IT IS YOUR RESPONSIBILITY TO ENSURE THAT YOUR USE OF PRODUCTS PURCHASED FROM Indigo Fragrance COMPLIES WITH LOCAL JURISDICTION CODES AND ALL REGIONAL, NATIONAL AND INTERNATIONAL LAWS AND REGULATIONS. Our warranty obligations with respect to products and your exclusive rights under our warranty are limited, at our option, to repair or replace the products pursuant to the Return Material Authorization procedure described above, or to refund the purchase price paid by you for the affected products.