Terms of service

OVERVIEW

Welcome to Mika's Scent Library! The terms "we", "us" and "our" refer to Mika's Scent Library. Mika's Scent Library 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"). Mika's Scent Library is powered by Shopify, which enables us to provide the Services to you.

The terms and conditions below, 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:

https://mikasscentlibrary.com/policies/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 or province 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 information, payment information 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 of your account activity. You may not transfer, sell, assign or license your account to any other 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, please note that colors or product appearance may differ from how they appear on your screen due to the type of device you use and your device settings or configuration.

We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online store.

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 any products that we offer 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. Mika's Scent Library reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Mika's Scent Library confirms acceptance. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting it, as Mika's Scent Library may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept an order or we make a change to or cancel an order, we will attempt to notify you using the email address, billing address and/or phone number provided at the time the order was placed.

Your purchases are subject to our Refund Policy:

https://mikasscentlibrary.com/policies/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 applicable taxes, shipping or handling charges.

Prices posted in our online store may differ from prices offered by other retailers or third parties. We may offer promotions from time to time that affect pricing and are governed by separate terms and conditions. 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, credit card numbers and expiration dates, so that we can complete transactions and contact you when necessary.

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

SECTION 5 - SHIPPING AND DELIVERY

Orders are processed and shipped in accordance with our Shipping Policy:

https://mikasscentlibrary.com/policies/shipping-policy

Delivery times provided by shipping carriers are estimates and are not guaranteed. We are not responsible for delays caused by shipping carriers or events outside our reasonable control.

Customers are responsible for providing a complete and accurate shipping address at checkout.

If your order arrives damaged, leaking or incorrect, please contact us in accordance with our Shipping Policy and Refund Policy.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to our text, displays, graphics, product descriptions, original photography, logos, branding, website design and other original content, are owned by Mika's Scent Library or its licensors and may be protected by applicable 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 from, publicly display, republish, download, store or transmit material owned by Mika's Scent Library without our prior written consent, except as permitted by law.

Mika's Scent Library's name, logos, designs and slogans may not be used without prior written permission from Mika's Scent Library.

All fragrance names, brand names and trademarks referenced on this site are the property of their respective owners and are used solely to identify the original fragrance from which each decant is drawn.

Mika's Scent Library is an independent retailer and is not affiliated with, endorsed by or sponsored by any of the brands or fragrance houses named on this site.

Fragrance bottle images may be displayed for identification and reference purposes. Customers receive fragrance hand-decanted into Mika's Scent Library atomizers and do not receive the manufacturer's original bottle or retail packaging unless expressly stated otherwise.

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 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.

Any use by you of optional third-party 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.

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

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites or online platforms operated by third parties.

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

If you leave our Services to access a third-party website, you do so at your own risk.

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

Please review the third party's policies and practices before engaging in a transaction with them. Questions or concerns regarding third-party products or services should be directed to the applicable third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Mika's Scent Library is powered by Shopify, which enables us to provide the Services to you.

However, any sales and purchases you make in our store are made directly with Mika's Scent Library.

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

You hereby release Shopify and its affiliates from claims, damages and liabilities arising from or related to your purchases and transactions with Mika's Scent Library to the extent permitted by law.

SECTION 10 - PRIVACY POLICY

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

https://mikasscentlibrary.com/policies/privacy-policy

Certain personal information may also be subject to Shopify's Privacy Policy:

https://www.shopify.com/legal/privacy

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 about 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 processed by Shopify and other service providers as necessary to provide our Services.

For more information about how we collect, use and protect personal information, please review our Privacy Policy:

https://mikasscentlibrary.com/policies/privacy-policy

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 worldwide, non-exclusive, royalty-free license to use, reproduce, modify, publish, distribute and display that Feedback for purposes related to operating, improving and promoting our Services.

You represent and warrant that you own or have the necessary rights to any Feedback you submit, that you have disclosed any compensation or incentives received in connection with the Feedback when required and that your Feedback complies with these Terms.

We are under no obligation to maintain Feedback in confidence, pay compensation for Feedback or respond to Feedback unless otherwise required by law.

We may monitor, edit or remove Feedback that we determine violates these Terms or applicable law.

You agree that your Feedback will not violate the rights of any third party, including intellectual property, privacy or other proprietary rights.

You further agree that your Feedback will not contain unlawful, abusive or malicious content or computer viruses or other malware that could affect the operation of the Services.

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

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information in 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, including after an order has been submitted, to the extent permitted by law.

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 or regulation;

(d) to harass, abuse, insult, harm, defame, intimidate or threaten another person;

(e) to transmit false or misleading information;

(f) to send, receive, upload, download, use or reuse material in violation of these Terms;

(g) to transmit or facilitate unsolicited advertising, junk mail, spam or similar solicitation;

(h) 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 may harm Mika's Scent Library, Shopify or users of the Services.

In addition, you agree not to upload or transmit viruses or malicious code, reproduce or exploit any portion of the Services without authorization, collect or track personal information of others, engage in phishing or similar fraudulent conduct or interfere with or circumvent security features used by the Services.

We reserve the right to suspend, disable or terminate access to the Services if we determine that these Terms have been violated.

SECTION 14 - AGENTS

14.1 This section ("Agent Terms") applies if you use, allow, enable or cause the deployment of an Agent to access, use or interact with any 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 may operate without direct supervision.

14.2 No Agent may access, use or interact with the Services if doing so violates these Terms, applicable law or technical restrictions implemented by Mika's Scent Library or Shopify.

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

14.4 Agents must not conceal or misrepresent that interactions are generated by automated software, circumvent CAPTCHAs or other measures intended to distinguish automated activity from human activity or attempt to bypass measures intended to block, limit 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, at our discretion and as permitted by applicable law.

You will remain responsible for amounts properly due through the effective date of termination.

Sections of these Terms that by their nature should survive termination will continue to apply following termination, including provisions concerning intellectual property, feedback, disclaimers, limitations of liability, indemnification and governing law.

SECTION 16 - DISCLAIMER OF WARRANTIES

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

We do not warrant the accuracy, completeness or usefulness of information provided through the Services. Any reliance you place on such information is at your own risk.

TO THE FULLEST EXTENT PERMITTED BY LAW, EXCEPT AS EXPRESSLY STATED BY MIKA'S SCENT LIBRARY, THE SERVICES AND PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM IMPLIED WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT.

WE DO NOT GUARANTEE THAT THE SERVICES WILL ALWAYS BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

SECTION 17 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, MIKA'S SCENT LIBRARY AND ITS OWNERS, PARTNERS, EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES.

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.

THIS LIMITATION ALSO APPLIES TO CLAIMS ARISING FROM ERRORS OR OMISSIONS IN CONTENT OR LOSS OR DAMAGE RESULTING FROM CONTENT OR PRODUCTS MADE AVAILABLE THROUGH THE SERVICES.

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.

SECTION 18 - INDEMNIFICATION

To the extent permitted by law, you agree to indemnify and hold harmless Mika's Scent Library, Shopify and our respective affiliates, partners, officers, employees, agents, contractors, licensors and service providers from losses, damages, liabilities or claims arising from:

(1) your material breach of these Terms of Service;

(2) your violation of applicable law or the rights of another party; or

(3) your unlawful or unauthorized use of the Services.

We will provide notice of an indemnifiable claim when reasonably practicable and you agree to reasonably cooperate in the defense of such a claim.

SECTION 19 - SEVERABILITY

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

Any unenforceable portion will be deemed severed from these Terms without affecting the validity or 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 will not constitute a waiver of that right or provision.

These Terms of Service and any policies or operating rules posted by us in connection with the Services constitute the entire agreement and understanding between you and Mika's Scent Library regarding your use of the Services and supersede prior or contemporaneous agreements or communications concerning the Services.

Any ambiguities in the interpretation of these Terms will not be construed against the drafting party solely because that party drafted the Terms.

SECTION 21 - ASSIGNMENT

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

Any unauthorized attempt to do so may be void.

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

SECTION 22 - GOVERNING LAW

These Terms of Service and any separate agreements through which we provide Services will be governed by and construed in accordance with the laws of the State of Ohio and applicable federal laws of the United States, without regard to conflict-of-law principles.

To the extent permitted by law, you agree that legal proceedings arising from these Terms or the Services may be brought in the appropriate state or federal courts located in Ohio.

SECTION 23 - HEADINGS

The headings used in these Terms are included for convenience only and will not limit or otherwise affect the meaning of any provision.

SECTION 24 - CHANGES TO TERMS OF SERVICE

You can review the most current version of these Terms of Service at any time through our website.

We reserve the right to update, change or replace portions of these Terms of Service by posting updates to our website.

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

Your continued use of or access to the Services after changes become effective constitutes acceptance of the revised Terms to the extent permitted by law.

SECTION 25 - CONTACT INFORMATION

Questions about these Terms of Service should be sent to:

Mika's Scent Library
Email: contactus@mikasscentlibrary.com
Website: https://mikasscentlibrary.com

Terms of service

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