These Terms of Service and Purchase ("Terms of Service") govern your access to and use of the TourdeGrasse.com website, located at www.tourdegrasse.com (the "Site"), and your purchase of any of the products and/or services on the Site (access, use and purchase of any products or services on the Site shall be collectively referred to herein as the "Services").
For the purposes of these Terms, “we”, “us” or “our” refers to the party with whom you are entering into this agreement, Scentech (the “Company”). For the avoidance of doubt, the Company, as used in these Terms of Use, includes all affiliated companies and their respective officers, directors, employees and agents.
These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with the Company, or its subsidiaries, affiliates and/or partners, for products, services or otherwise. If you are using the Services on behalf of an entity, you represent and warrant that you are authorized to accept these Terms of Use on behalf of that entity.
Please read these Terms of Service carefully. By accessing, using, purchasing a product from, or registering on this Site, you agree to be bound by the terms and conditions described herein and all terms, agreements, guidelines, and disclosures incorporated by reference, including, but not limited to, our PRIVACY POLICY, Cookie and Pixel Policy, SUBSCRIPTION POLICY, RETURN POLICY, AND SHIPPING POLICY. If you do not agree to all of these terms, please do not use the Site or purchase any products from the Site.
These Terms of Service include an agreement to arbitrate all disputes between us. See Section 16 below for details of our arbitration agreement.
Section 1 - Online Store Terms
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, or that you are 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 this site.
You may use the Services only in accordance with these Terms of Service and all applicable laws. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Services, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms, viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your use of the Services. You may not use the Services if we have previously disabled your account for violating these Terms of Service or any of our policies. If your account has already been disabled for policy or legal reasons, you will not be able to create a new account without our express written permission, which is provided in our sole discretion. Any use of the Services not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.
Section 2 - General Conditions
We reserve the right to refuse service to anyone for cause (for example, violation of the Terms of Service).
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services, or any contact on the website through which the Services are provided, without express written permission by us.
The headings used in these Terms of Use are included for convenience only and will not limit or otherwise affect these Terms of Use.
Section 3 - Accuracy, completeness and timeliness of information
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information is necessarily outdated and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Article 4 - changes to the service and prices
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Services (or any part or content thereof) without notice at any time.
To the extent permitted by applicable law, we will not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Services.
Article 5 - monthly subscription
By purchasing a monthly subscription, you agree to an initial and recurring monthly subscription fee at the then-current monthly subscription rate, and you agree to be responsible for all recurring charges until you cancel your subscription. You may cancel your monthly subscription at any time, subject to the terms of our cancellation policy. AUTOMATIC MONTHLY RENEWAL TERMS: Once you subscribe, TourdeGrasse.com will automatically process your monthly subscription fee on the next billing cycle. Scentech will continue to automatically process your monthly subscription fee each month at the then-current monthly subscription rate until you cancel your subscription through your Scentech account.
SECTION 6 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. We do our best to describe products as accurately as possible. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We do not warrant that specifications or prices are complete, accurate, current or error-free. In the event of an error in pricing or specifications, we have the right to refuse or cancel your order at our sole discretion. We reserve the right to discontinue any product or service at any time. Any offer for any product or service made on this site is void where prohibited. We do not offer price protection or refunds in the event of a price drop or promotional offer.
To the extent permitted by applicable law, we do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Services will be corrected.
Section 7 - Accuracy of Billing and Account Information
We reserve the right to cancel or refuse your order in our sole discretion or for specific reasons at any time. For example, we may refuse your order if there is a pricing error, the product is no longer available, or if we suspect that you are purchasing products for resale or commercial use. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase, account and other information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates so that we can complete your transactions and contact you as needed. You agree not to use any credit card or other payment method to make any purchase unless you have all necessary legal authority to do so.
If you are placing an order on behalf of a business, you agree that you are an authorized representative of the business with the authority to bind the business to these Terms of Service and agree on behalf of the business to be bound by these Terms of Service.
For more details, please see our Return Policy.
Section 8 - Optional Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. To the maximum extent permitted by applicable law, we shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional third-party tools offered through the Services is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Article 9 – Third-party links
Certain content, products and services available through our Services may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. To the extent permitted by applicable law, we are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
To the extent permitted by applicable law, we are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the applicable third-party.
Section 10 - User Comments, Feedback and Other Submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation to: (1) maintain any comments in confidence; (2) pay compensation for any comments; or (3) respond to any comments.
We are a neutral intermediary and do not review all content before or after it is posted on the Site. Accordingly, to the extent permitted by applicable law, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.
However, we reserve the right to: (i) take any action with respect to any Comments that we deem necessary or appropriate, including if we believe that such Comments violate these Terms of Use, infringe any intellectual property or other rights of any person or entity, threaten the personal safety of users of the Services or the public, are unlawful, offensive, libelous, defamatory, pornographic, obscene or otherwise objectionable, or may otherwise create liability for us; (ii) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; and (iii) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. To the extent permitted by applicable law, we take no responsibility and assume no liability for any comments posted by you or any third-party.
Article 11 – Personal information
Your submission of personal information through the Services is governed by our Privacy Policy. You can review our Privacy Policy [here].
Article 12 - Errors, inaccuracies and omissions
Occasionally there may be information on the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. To the extent permitted by applicable law, we reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Services or on any related website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied or indicated in the Services or on any related website, should be taken to indicate that all information in the Services or on any related website has been modified or updated.
Article 13 - Prohibited uses
In addition to other prohibitions as set forth in these Terms of Use, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Services or any related website for engaging or attempting to engage in any of the prohibited uses.
Article 14 - Exclusion of warranties; limitation of liability
We do not guarantee, represent or warrant that your use of our Services will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.
We are constantly changing and improving our Services. We may add or remove features or functionality at any time without notifying you, and we may suspend or stop offering the Services altogether without notifying you.
You expressly agree that your use of, or inability to use, the Services is at your sole risk. To the extent permitted by applicable law, the Services and all products and services provided to you through the Services are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.
In no case shall Scentech, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any products procured using the Service, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. otherwise made available through the Services, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. For the avoidance of doubt, nothing in these Terms of Use shall affect any statutory rights that apply to you.
ARTICLE 15 – COMPENSATION
You agree to indemnify, defend and hold harmless Scentech and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Article 16 – Arbitration Agreement
In the event of a dispute (other than a dispute limited to small claims) between you and the Company that relates in any way to or arises out of this or prior versions of the Terms of Use, your use of or access to the Services, the actions of the Company or its agents, or any products or services sold, offered, or purchased through Our Services, you and the Company agree to arbitrate such dispute before a single arbitrator under the then current rules of the American Arbitration Association (AAA) at a location near the AAA office nearest to you or remotely if inconvenient for you or the Company. , rather than lodging the dispute in court. You and the Company also agree that the Federal Arbitration Act governs the arbitrability of all disputes between you and the Company. If you do not wish to be bound by this arbitration provision, you must notify the Company in writing by emailing administration@tourdegrasse.com . within 30 days of the date you first accept the Terms of Use, indicating that you do not wish to resolve disputes with the Company through arbitration.
You and the Company agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any putative class, or as a representative or private attorney general action or proceeding. Unless you and the Company agree otherwise, the arbitrator may not consolidate or join more than one person's or party's claims, and may not otherwise preside over any form if a consolidated, representative, class, or private attorney general action or proceeding. Further, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide the relief sought by that party's individual claim(s). Any relief awarded may not be awarded by or affect other users. The arbitrator shall interpret and determine the validity of the arbitration provision, including whether it is unreasonable. If the arbitrator or a court decides that applicable law precludes application of any of the limitations in this paragraph as to a particular claim or request for relief (such as a request for injunctive relief), then that claim or request for relief (and only that claim or request for relief) must be severed from the arbitration and may be brought in court (in accordance with Section 20 below), subject to your and the Company's right to appeal the court's decision. All other claims will be arbitrated.
Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims that are within the jurisdiction of that court and on an individual (non-class) basis only. If a party initiates an arbitration asserting a claim that is within the jurisdiction of a small claims court, the other party may, at its option, require that the demand for arbitration be withdrawn and that the claim be filed in small claims court. Any dispute as to whether a claim is within the jurisdiction of a small claims court will be resolved by that court and not by an arbitrator. In the event of a dispute over jurisdiction, the arbitration proceeding will remain closed until the small claims court issues a ruling that the claim should be arbitrated.
If an arbitrator or court decides that any part of this Section 16 is invalid or unenforceable, the other parts of this Section 16 will still apply. For the avoidance of doubt, nothing in these Terms of Use will affect any statutory rights that apply to you. To the extent that any claim, dispute, or controversy regarding the Services is not arbitrable under applicable law or otherwise, you agree that such claim or dispute regarding the Services will be resolved exclusively in accordance with Section 20 of these Terms of Use.
ARTICLE 17 – SEVERABILITY
In the event that any provision of these Terms of Use is found to be unlawful, void or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms of Use will continue in full force and effect.
ARTICLE 18 – TERMINATION
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service 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 of Service, we may terminate this agreement at any time without notice, which may include denying or restricting your access to the Services (or any part thereof). You will remain liable for all amounts due up to and including the date of termination.
For the avoidance of doubt, you understand, acknowledge and agree that Sections 14, 15, 16, 17, 18, 19, 20, 27 and 28 shall survive any such termination.
Article 19 - Entire Agreement
These Terms of Service and any policies or operating rules posted by us on the Site or in respect to The Service constitutes 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 (including, but not limited to, any prior versions of the Terms of Service).
No waiver of any provision of these Terms of Service shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Article 20 - Applicable law
If you are a consumer in the EEA or the UK, these Terms of Use and any policies or operating rules posted by us on this Site or in respect to the Services will be governed by the law of the country in which you live, and any dispute arising out of or in connection with these Terms of Use will be resolved in the courts of the country in which you live.
In all other cases, these Terms of Use and any policies or operating rules posted by us on this Site or in respect to the Services will be governed by and construed in accordance with the laws of Miami, Florida, United States, without regard to its conflict of laws principles, and the exclusive venue for all disputes arising out of or relating to these French Terms of Use and such disputes will be determined in accordance with French law.
Article 21 - Changes to the Terms of Service
You can review the most current version of the Terms of Use at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to the Site. It is your responsibility to check the Site periodically for changes. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes. Disputes arising under these Terms of Service will be resolved in accordance with the version of these Terms of Service in effect at the time the dispute arose. For clarity, by continuing to use the Services, you agree to be bound by the then-current version of these Terms of Service.
Article 22 - contact details
Questions about the Terms of Use should be sent to us at administration@tourdegrasse.com.
ARTICLE 23 - WHOLESALE
If you are interested in purchasing diffusers and oils in bulk, the minimum order is $2,500 and requires an appointment with a scent consultant to complete a purchase.
As part of the Wholesale Program, selling to third party retailers such as Amazon is strictly prohibited and is a violation of the Wholesale Agreement. Scentech reserves the right to disable or permanently remove access to any wholesale account selling our products on third party retail sites, including but not limited to Amazon.
Article 24 – Commercial resale
Any commercial resale of products on platforms (e.g. Amazon, eBay and other sites) is strictly prohibited and constitutes a material breach of these Terms of Use.
Article 25 – age of consent
The Services are not intended for use by minors under the age of sixteen (16), and we do not knowingly collect information from minors under the age of sixteen (16) through the Services. If we learn that we have collected personal information from a minor without the consent of the minor's parent or guardian, as required by law, we will delete that information. By using the Services, you represent that you are at least the age of majority in your state or province of residence, or that you are 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.
Article 26 – Data charges, mobile phones and SMS communications
By checking the opt-in box for SMS communications (“SMS”) and clicking Continue, you consent to receive recurring automated marketing SMS messages to the number you provided, and you acknowledge that SMS messages may be sent using automated technology, which is subject to change from time to time. You further acknowledge that consent is not a condition of any purchase.
Message and data rates may apply.
You are responsible for any mobile phone charges you may incur for using our Services. This includes data charges and charges for SMS or other messages. If you are unsure of the amount of these charges, you should ask your service provider before using the Services. You agree that SMS messages may be received even if your mobile phone number is registered on a national or federal Do Not Call list, or international equivalent.
If you change or deactivate the mobile phone number you provided to us, you must update your number within 72 hours to prevent us from sending messages intended for you to someone else.
ARTICLE 27 – EMAIL
We may send you emails regarding orders placed using the Services, including regarding payment processing, status, refunds, and any changes to or cancellations of your order. We may also send you emails regarding the Services or other products and services. By submitting your order, you consent to receive the email communications described in these Terms of Use from us and our affiliates.
You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that they be in writing.
ARTICLE 28 – SHOPIFY
Our online store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.
Payment: If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted. All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers. For more information, you may also want to read Shopify's Terms of Service (https://www.shopify.com/legal/terms) or Privacy Statement (https://www.shopify.com/legal/privacy).
