Terms & Conditions

Introduction

These Terms and Conditions (“Terms”) govern your access to and use of our website lovali.shop (the “Site“) and our related mobile applications (“App”) along with any of its products, services, and tools (collectively, “Services“) provided by Lovali® Fragrances (“Lovali“, “we“, “us“, or “our“).

Please read these Terms carefully before using our Site, App, or Services. By accessing or using any part of our Site, App, or Services, you agree to become bound by these Terms. If you do not agree to all the Terms, then you may not access or use our Site, App, or Services.

We may modify these Terms at any time, and such changes will be effective immediately upon posting on this page. Your continued use of our Site, App, or Services constitutes your agreement to the modified Terms. You should periodically check this page for updates.

Use of Our Services

You must be at least 18 years old to use our Site, App, or Services. By agreeing to these Terms, you represent and warrant that:

You are at least 18 years old.
You have not previously been suspended or removed from use of our Site, App, or Services.
Your registration and your use of our Site, App, and Services is in compliance with all applicable laws and regulations.

Accounts registered by bots or other automated methods are not permitted.

We grant you a limited, personal, non-exclusive, non-transferable, and revocable license to access and use our Site, App, and Services solely as permitted by these Terms. Our Site, App, and Services may only be used and accessed for lawful purposes.

Purchase Terms

Order Acceptance

Your receipt of an email confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Lovali reserves the right at any time after receipt of your order to accept or decline your order for any reason.

We may also require additional information before accepting any order. Any acceptance of your order occurs when we email you shipment confirmation, detailing the products to be shipped, delivery details, and transaction details (the “Confirmation Notice“). If we do not provide a Confirmation Notice, then we have not accepted your order.

If your order is accepted, our acceptance will be expressly conditioned on your assent to these Terms to the exclusion of all other terms.

Pricing and Inventory

All prices and items advertised on our Site are subject to change without notice. Prices listed may not reflect promotions, deals, or discounts available at a given time.

We make reasonable efforts to accurately display colors, images, packaging, and other details relating to products. However, we do not guarantee that the color, texture, appearance, or other details of the product will be precisely as shown on your device.

We assume no liability for the timely delivery of products that are out of stock, discontinued, or unavailable. If your order is cancelled or cannot be fulfilled, you will not be charged for that item and we will do our best to provide you with a comparable substitute of equal or greater value.

Payment

All payments are processed by secure third-party payment processors. By submitting your payment information, you agree to allow Lovali and/or our designated payment processor to charge your chosen payment method to complete your purchase.

If we do not receive full payment from you, including any applicable taxes, duties, import/export charges, currency conversion fees, or other charges incurred in connection with your purchase, then we may reject your order and withhold the purchased products. Any amounts paid will be refunded back to you.

Shipping and Delivery

We make reasonable efforts to process orders and ship purchased products promptly, typically within 5-7 business days of order acceptance, unless noted otherwise at the time of purchase. Orders are shipped using the shipping service selected at checkout. Shipping charges will apply as indicated during checkout based on the selected shipping service.

We may make product substitutions of equal or greater value if the product you ordered is unexpectedly unavailable or backordered.

You assume all risk and liability for loss, damage, delay, non-delivery, misdirected shipments, and any other issues incurred during shipment of the product to you. We are not liable for any loss or damage not caused by our intentional misconduct.

Returns

Purchased products may be returned for any reason within 30 calendar days of purchase. To be eligible for a return, products must be unused, in original packaging, and in resellable condition.

To initiate a return, please email us at [email protected] with your name, order number, and details of the product(s) being returned. We will provide return instructions or initiate the return and refund process.

Refunds are generally processed back to the original payment method within approximately 5 business days of initiating the return process. You are responsible for the cost of return shipping. We do not refund the original or return shipping charges unless the return is due to our error.

Cancellations

Orders cancelled prior to shipment will be refunded in full within approximately 5 business days. Orders that have already shipped are subject to our Returns policy above.

Intellectual Property Rights

Our Site, App, Services, and all content therein, including designs, text, graphics, pictures, videos, information, applications, software, music, sound, and other files, and their selection and arrangement (the “Site Content“), are owned by Lovali, or our licensors or suppliers with all rights reserved.

No Site Content may be modified, copied, distributed, republished, uploaded, posted, or transmitted in any way without our prior written consent, except for your own personal, non-commercial use. When you copy or post any Site Content that is meant to be shareable, please ensure you do not remove any proprietary notices included therein.

The Lovali name, logo, and all other Lovali trademarks, service marks, graphics, and logos are trademarks or registered trademarks of Lovali. All other trademarks are the property of their respective owners. You do not have permission to use any Lovali trademark or brand name as any part of the name of any business, product, process, or service.

User Content

We may allow you and other users to post, upload, publish, submit, or transmit relevant information, text, images, videos, or other content (“User Content”) through forums, chat services, social media services, or other functionality.

We do not claim ownership over any User Content. However, you grant us a broad, worldwide, perpetual, royalty-free right to use, reproduce, modify, distribute, publish, display, archive, translate, perform, create derivative works from, promote, advertise, and sublicense the User Content in connection with operating and providing our Site, App, and Services.

You are solely responsible for all User Content you contribute and warrant that your User Content does not violate any third party’s rights, including intellectual property rights and privacy rights. You are responsible for the accuracy and completeness of your User Content.

We have no obligation to store or back up any User Content, and have no liability for any loss, alteration, corruption, or deletion of any User Content. We reserve the right in our sole discretion to remove, edit, modify, reject, or delete any User Content.

Third-Party Content

Our Site, App, and Services may incorporate content and information from third-party sources, such as opinions, advice, statements, services, offers, etc. We do not endorse or otherwise verify the third-party content and make no guarantees about accuracy, timeliness, completeness, or quality.

Prohibited Conduct

BY USING OUR SITE, APP, OR SERVICES YOU AGREE NOT TO:

Use our Site, App, or Services for any illegal purpose or in violation of any applicable laws;
Violate or encourage violation of any right of Lovali, including intellectual property rights;
Transmit any viruses, worms, defects, Trojan horses, malware, or any items of a destructive nature;
Make any unauthorized, false, or fraudulent transactions through our Site, App, or Services;
Use any robot, spider, site search/retrieval application, scraper, crawler, or other automated means to access, retrieve, index, or data mine any portion of our Site, App, and Services;
Perform any vulnerability, penetration, security, load, or stress testing on any of our Sites without authorization;
Copy, modify, translate, adapt, reverse engineer, decompile, or disassemble any portion of our Site, App, and Services;
Remove any copyright, trademark, or other proprietary rights notices on our Sites;
Frame or mirror any portion of our Site, App, and Services without authorization;
Create user accounts by automated means or under false or fraudulent pretenses;
Make any modification to any device, property, or structure for the purpose of obtaining unauthorized access to our Site, App, and Services;
Interfere with the proper functioning of our Site, App, and Services;
Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;
Promote, solicit, or participate in multi-level marketing or pyramid schemes;
Exploit errors in code or functionality on our Site to gain unauthorized access;
Engage in disruptive communications, such as excessive posting of repetitive content or actively disrupting discussions.

We reserve the right, in our sole discretion, to terminate your access to all or part of our Site, App, or Services with or without notice if you engage in any prohibited conduct. Any attempt to damage, interfere with, or compromise the integrity of our Site or its software code may be subject to civil and/or criminal prosecution.

Disclaimers

Our Site, App, Services, and all Site Content are provided on an “as is” basis without any warranties of any kind, either express or implied. We disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

We make no warranties that our Site, App, Services, or Site Content will meet your needs or expectations, be safe, uninterrupted, timely, accurate, reliable, error-free, virus-free, that defects will be corrected, or free from loss, corruption, attack, viruses, interference, hacking, or other security intrusions. You assume all risk relating to your online or offline interactions or communications through our Site or Services.

We are not responsible for the actions or information of third parties and you release us from any claims and damages arising from your interactions with any third parties relating to our Site or Services.

We make no claims about testimonials or statements made by users about our Site, App, Services, or products. We cannot guarantee the accuracy or validity of ratings or reviews. Please use judgment and skepticism when evaluating user opinions and feedback.

We are not liable for any unauthorized access to or alteration, loss, corruption, or deletion of your data or content resulting from third-party actions, such as hacker attacks, denial of service attacks, viruses, or other technological risks. You are solely responsible for data backup and implementing sufficient security safeguards to your own systems.

The limitations in this section do not purport to disclaim warranties or liabilities that may not be disclaimed under applicable law. Some jurisdictions restrict or do not allow disclaimers of implied warranties. If such laws apply, then the foregoing disclaimers may not fully apply and you may have additional rights.

Limitations on Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LOVALI, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS OR USE OF OUR SITE, APP, SERVICES, OR ANY SITE CONTENT. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF LOVALI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

OUR TOTAL CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SITE, APP, OR SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO US DURING THE SIX MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY; OR (B) $100.

Indemnification

You agree to indemnify, defend, and hold harmless Lovali and our affiliates, directors, officers, employees, agents, and licensors from any claim, demand, damages, costs, and liabilities (including legal costs), made by any third party due to or arising out of your use of our Site, App, Services, or any User Content you contribute, as well as any violation by you of these Terms.

Governing Law

These Terms and any dispute or claim you have against Lovali will be governed by and construed in accordance with the laws of the State of New York, U.S.A., without regard to conflict of law principles.

For any disputes deemed not subject to binding individual arbitration, you and Lovali agree to submit to the personal jurisdiction of the state and federal courts for New York, New York for resolution.

Binding Individual Arbitration

You and Lovali agree that any dispute or claim between us will be resolved by binding, individual arbitration rather than in court. This arbitration provision applies to the fullest extent allowed by law and is governed by the Federal Arbitration Act.

The only exceptions to arbitration are that either of us may pursue claims:

In small claims court that are within the scope of its jurisdiction;
By seeking injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights;
Related to any unauthorized use, reproduction or distribution of content obtained from the other party’s Sites in violation of these Terms; or
That arise out of or relate to any aspect of the relationship between us that is not subject to this or any other agreement between us.

The arbitration will be conducted by the American Arbitration Association (AAA) under its rules including the AAA’s Supplementary Procedures for Consumer-Related Disputes. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.

We each agree that the mandatory, individual arbitration provision above is fair. We each agree that we intentionally and knowingly waive any right to participate in or receive money or any other relief from any class action lawsuit or classwide arbitration. The arbitrator may not consolidate more than one person’s claims and may not preside over any form of representative, class, or consolidated proceeding.

The arbitrator’s decision will be final and binding on all parties, but any party may file an action in court to confirm, modify or vacate the arbitrator’s award. The arbitration will take place in New York, New York unless we both agree to hold it elsewhere.

Class Action Waiver

You agree that any dispute is personal to you and Lovali and that any dispute shall only be resolved by an individual arbitration and shall not be brought as a class arbitration, class action, or any other representative proceeding.

Severability

If any provision or part of these Terms is found unlawful, void, or unenforceable, that provision will be deemed severable and will not affect the enforceability or validity of any remaining provisions.

Contact Us

Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding our Terms and Conditions to:

Lovali® Fragrances
Attn: Terms of Use
123 Lovali Lane
New York, NY 10001
[email protected]

Effective Date

These Terms were last updated on March 1, 2023. Your continued use of our Site, App, or Services after any changes to these Terms will constitute acceptance of the revised Terms.