Customer Service
Terms of Sale
Certain products and services may from time to time be made available to you ("you" or "User") by FriendScents, LLC or its corporate affiliates (collectively, "us", "we" or "the Company") through the FriendScents web site (the "Site") and service (FriendScents, LLC or the "Service"). By purchasing any products or services through http://friendscents.com you signify that you have read, understand and agree to be bound by the Terms of Sale in effect at the time of purchase ("Terms of Sale"). Your purchases and your use of the FriendScents websites are also governed by the FriendScents Terms of Use ("Terms of Use"), which are incorporated herein by reference. Note that FriendScents.com can refer to either or both http://www.FriendScents.com/ or These Terms of Sale are subject to change without prior written notice at any time, at the Company's sole discretion, and such changes shall apply to any purchases made after such changes are posted to the Site. Therefore, you should review these Terms of Sale prior to each purchase so you will understand the terms applicable to such transaction. If you do not agree to these Terms of Sale, do not make any purchases on FriendScents.com.PLEASE READ THESE TERMS OF SALE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
Real Goods: Payment Method and Terms
We accept Visa, MasterCard, American Express and Discover credit cards as forms of payment on FriendScents.com. By submitting an order for real goods through FriendScents.com, you authorize the Company, or its designated payment processor, to charge the account you specify for the purchase amount. All payments are to be made in United States Dollars.Real Goods: Delivery
Any real goods or tangible property purchased through FriendScents.com will be shipped FOB Shipping Point. Title to such products passes from Company to you upon shipment. With respect to any goods and/or services you purchase through the Site, you acknowledge and agree that upon making such services available to you (or to their intended authorized recipients), Company will have fully satisfied its obligation to deliver or otherwise provide such services, regardless of any failure or inability to use such services. The company does offer an unconditional guarantee on real goods purchased at its BSGShop.comNo Real Goods Purchased by Minors
By ordering a product from The FriendScents online E-store, a customer represents that he or she is 18 years or older. If a child under 18 years old has ordered a product from The FriendScents online E-store, without parental permission, the parent or guardian may return the product for a refund according to the return policy set forth on this Web site (see "Ordering Information" for details).Returns Policy on Merchandise
Unworn merchandise (excluding scents) may be exchanged. All purchases are FINAL SALE. NO RETURNS, EXCHANGES OR REFUNDS ON SCENTS. You may exchange unworn merchandise to FriendScents when you notify us within 10 days of receipt of your order. We do not accept returns after this 10-day period. You must send an email to returns@friendscents.com first for a return authorization number, and no merchandise can be returned without a written authorization number. Items must be in new condition and returned in original shipping containers. You are responsible for paying shipping back to the designated location for returned items, unless such item is being returned due to a product defect or error by Company.All merchandise must be inspected by customer upon delivery. If any box looks dented or damaged in any way, the driver must make a notation and should mark any damages. Boxes opened later and then damage noticed without driver making notation, is considered concealed damage. Some shipping companies do not always cover full refunds on concealed damage items. Company is not responsible for damages incurred during shipping.
You may exchange unworn merchandise to FriendScents by mailing item(s) to our Returns Department at:
FriendScents, LLC
Attention Returns Department
PO Box 8568
Atlanta, GA 31106
You will be credited for the cost of the item(s) and applicable taxes. Shipping is not refunded. To exchange merchandise, please include the packing slip included with your order and the details of the exchange to be made. The packing slip will serve as your receipt.
Product and Service Descriptions and Availability, Errors
The Company and its suppliers continually upgrade and revise its products and services to provide you with new products and services. The Company may revise, discontinue or modify products or services (tangible or virtual) at any time without prior notice to customers, and products or services may become unavailable without notice. The Company shall have no liability of any kind if a product or service that has been ordered is unavailable. If necessary, Company reserves the right to substitute items of equal or greater value when an item or service is unavailable or Company may cancel the order.We attempt to be as accurate as possible and eliminate errors on FriendScents.com, however we do not warrant that any product, service or description, photograph, pricing or other information is accurate, complete, reliable, current, or error-free. In the event of an error, whether on the Site, in an order confirmation, in processing an order, delivering a product or otherwise, we reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. In addition, we may, in lieu of a refund as provided in this paragraph, opt to provide you with a merchandise or service credit, with a value at least equal to the amount charged to your credit card. FriendScents reserves the right to determine and modify from time to time the exact nature of any such merchandise or service credit, including conversion into one or more different types of merchandise or service credits. Your sole remedy in the event of such error is to cancel your order, and obtain a refund or credit as set forth above.
Taxes
User will be responsible for any applicable sales or use tax, duties, or other governmental taxes or fees payable in connection with your purchase. If you do not pay such sales or other tax or fee on a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable on such sale. The Company reserves the right to collect such taxes or other fees from you at any time.Privacy
We care about the privacy of our Users. Click here to view the Site's Privacy Policy. By using the Site or the Service, you are consenting to have your personal data transferred to and processed in the United States.Disclaimers
ANY WARRANTY ON TANGIBLE PRODUCTS OR SERVICES PURCHASED THROUGH THIS SITE ARE PROVIDED BY THE ORIGINAL PRODUCT MANUFACTURER ONLY AND NOT BY COMPANY. COMPANY ITSELF MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCTS OR SERVICES SOLD ON THIS SITE. PRODUCTS AND SERVICES ARE PROVIDED OR SOLD "AS-IS" AND THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF PRODUCTS OR SERVICES. COMPANY DOES NOT REPRESENT OR WARRANT THAT PRODUCTS, SERVICES OR ANY PART THEREOF, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT PRODUCTS OR SERVICES THAT ARE DOWNLOADED FROM THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT.Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by the Company.
Limitation on Liability
EXCEPT IN JURISDICTIONS WACTION.CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL. YOU AND COMPANY AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF SALE (INCLUDING THE TERMS OF USE) OR THE SALE OF THE PRODUCTS OR SERVICES SHALL BE FINAL AND BINDING ARBITRATION, except that, to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, such other party may seek injunctive or other appropriate relief.
Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes ( the "AAA Consumer Rules") (collectively the "AAA Rules"). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). If such costs are determined to be excessive in a consumer dispute, the Company will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF SALE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to any products or services be instituted more than three (3) years after the cause of action arose.
