Terms of service

IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS OF SALE (“TERMS” or “AGREEMENT”) BEFORE ACCESSING, USING, OR PLACING AN ORDER THROUGH OUR WEBSITE. THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES (SEE SECTIONS 14 AND 15). THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.

Your use of https://therarescentsociety.com, including any sub-domains thereof, affiliated websites, and mobile applications (collectively, the “Website”), which are owned and maintained by RARE SCENT SOCIETY LLC (operating under the brand “Rare Scent Society,” “we,” “our,” “us”), are governed by the policies, terms, and conditions set forth below. Please read them carefully.

We offer the Website, including all information, tools, products, and services available from the Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here. By accessing, using, or placing an order over the Website, you agree to the terms set forth herein. If you do not agree to these terms and conditions in their entirety, you are not authorized to use the Website in any manner or form whatsoever.

THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL AND RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 16 OR IF YOU OPT-OUT. PLEASE CAREFULLY REVIEW SECTION 16 WHICH DESCRIBES YOUR RIGHT TO OPT-OUT.

You can review the most current version of the Terms at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. YOUR CONTINUED USE OF OR ACCESS TO THE WEBSITE FOLLOWING THE POSTING OF ANY CHANGES CONSTITUTES BINDING ACCEPTANCE OF THOSE CHANGES.

Terms of Sale

1. Website Use

By using the Website and agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence. If you use the Website, you affirm that you have the legal capacity to enter into a binding contract with us, have read this Agreement, and understand and agree to its terms.

2. Privacy & Security Disclosure

Our Privacy Policy may be viewed on the Website. The Privacy Policy is incorporated into these Terms by reference and constitutes a part of these Terms.

3. General Conditions & Website User Conduct Restrictions

All aspects of our Website are protected by U.S. and international copyright, trademark, and other intellectual property laws. You do not acquire any ownership or other rights by downloading or using the Website or any material on it.

You agree not to use or attempt to use the Website or any products or services in any unlawful manner or for any unlawful purpose. You further agree not to commit any unlawful act or attempt to commit any unlawful act on or through the Website including, but not limited to:

• Hacking or other digital/physical attacks on the Website;
• Publishing abusive, vulgar, obscene, or defamatory material;
• Soliciting others to perform or participate in unlawful acts;
• Violating any international, federal, provincial or state regulations, rules, laws, or local ordinances;
• Infringing upon or violating our intellectual property rights or the rights of others;
• Harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating;
• Submitting false or misleading information;
• Uploading or transmitting viruses or malicious code;
• Collecting or tracking personal information of others without consent;
• Interfering with or circumventing security features of the Website; or
• Any other unlawful act.

RARE SCENT SOCIETY LLC reserves the right to terminate your access to the Website or any of its services if it determines that you (1) do not comply with these Terms; (2) provide false, inaccurate, or incomplete information; (3) engage in conduct harmful to our rights or interests; or (4) for any or no reason whatsoever without prior notice. We may seek any remedies permitted by law.

4. Products Sold for Personal Use Only

You agree that any products you purchase from Rare Scent Society on or through the Website are for your personal, non-commercial use only. You will not resell, redistribute, modify, or export any product ordered from the Website. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

5. Product Information, Authenticity, & Variations

We curate and sell authentic fragrances sourced from reputable suppliers. However, you acknowledge that: (a) fragrance performance and perception are subjective; (b) batch, formulation, and packaging variations may occur across production runs; and (c) product imagery and color presentation may vary by device.

While we endeavor to provide accurate and current information, there may be typographical errors, inaccuracies, or omissions related to descriptions, pricing, promotions, shipping charges, transit times, and availability. We reserve the right to correct any errors and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you submit your order).

6. Modifications to the Website & Prices

We reserve the right to modify or discontinue access to the Website (or any part) without notice at any time. We shall not be liable for any modification, suspension, or discontinuance. Products may have limited quantities and are subject to refund, return, or exchange only according to our Shipping & Returns Policy.

All descriptions and pricing are subject to change at any time without notice, at our sole discretion. Any offer is void where prohibited.

7. Payment

All charges are in U.S. Dollars unless otherwise stated at checkout.

By submitting payment information, you represent and agree that: (i) you are authorized to use the card/account; (ii) all payment information is accurate; (iii) you are responsible for any payment card fees; and (iv) sufficient funds exist to pay amounts due.

We and our third-party processors may receive updated card details from your issuer (account updater services). If you wish to opt-out, contact your card issuer directly.

We are not responsible for fees your bank or issuer may apply. If a charge is reversed, we may bill you directly and seek payment by another method.

8. Order Placement & Acceptance; Subscriptions (If Applicable)

Order Placement and Acceptance: Your electronic order confirmation does not signify our acceptance. We reserve the right to accept or deny shipment to anyone for any reason. If we deny your order, you will receive a refund to your original payment method. We may require additional information before processing an order.

Subscriptions, Automatic Payment, and Cancellation (If Applicable): If you enroll in a subscription, you authorize recurring charges at the agreed frequency until canceled. To avoid charges for the next shipment, you must cancel prior to your next scheduled billing date by logging into your account or contacting support.

IF YOU ARE ENROLLED IN A RARE SCENT SOCIETY SUBSCRIPTION PROGRAM AND HAVE PROVIDED A VALID PAYMENT METHOD, EACH PAYMENT WILL BE AUTOMATICALLY PROCESSED AT THE TIME OF EACH SHIPMENT OR INSTALLMENT. YOU MAY CANCEL AT ANY TIME BY E-MAIL: support@rarescentsociety.com.

If a subscription payment fails, we may contact you for updated payment information. Unpaid balances may be sent for collection where permitted by law.

9. Shipping

We ship to addresses in the United States and select international destinations. Please see our Shipping Policy for estimated timelines and carriers. Fragrance shipments may be subject to hazardous-materials (flammable goods) rules, which can affect carrier eligibility and transit time.

Accurate shipping information is required. We are not responsible for late/missing shipments caused by an incorrect address provided at checkout. Contact support immediately if you need to amend an order; we cannot guarantee changes once fulfillment begins.

10. Delivery Confirmation

You agree that delivery confirmation from the shipping carrier constitutes sufficient proof of delivery, even without a signature.

11. Return & Refund Policy

Returns and refunds are governed by our Shipping & Returns Policy. Due to hygiene, safety, and authenticity standards, opened or sprayed fragrances are not eligible for return unless otherwise required by law.

12. Social Media

This section applies to interactions with our social media presence. Platforms hosting our pages are not controlled by us and have their own policies. User comments reflect their own opinions. We may remove content at our discretion and reserve the right to block users who violate these Terms.

13. Indemnification

You agree to indemnify, defend, and hold harmless RARE SCENT SOCIETY LLC, its affiliates, and employees from any claims, losses, liabilities, damages, or expenses (including reasonable attorney fees) arising out of your use of the Website or violation of these Terms.

14. Disclaimer of Warranties

EXCEPT WHERE PROHIBITED BY LAW, THIS WEBSITE AND ALL PRODUCTS PROVIDED ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY AND/OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE. WE DO NOT WARRANT THAT THE WEBSITE WILL BE ERROR-FREE OR FREE OF HARMFUL COMPONENTS.

15. Limitation of Liabilities

EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT SHALL RARE SCENT SOCIETY LLC OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR OTHER DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRODUCTS, OR YOUR USE OF THE WEBSITE. IF RARE SCENT SOCIETY LLC IS FOUND LIABLE UNDER ANY THEORY, LIABILITY SHALL BE LIMITED TO USD $500.00.

Some jurisdictions do not allow certain warranty exclusions or liability limits, so parts of the above may not apply to you.

16. Dispute Resolution by Mandatory Binding Arbitration & Class Action Waiver

PLEASE READ THIS PROVISION CAREFULLY; IT REQUIRES YOU TO ARBITRATE ANY DISPUTE OR CLAIM BETWEEN YOU AND RARE SCENT SOCIETY LLC ON AN INDIVIDUAL BASIS.

ANY DISPUTE OR CLAIM ARISING FROM OR RELATING TO THESE TERMS, OUR PRIVACY POLICY, OUR ADVERTISING OR MARKETING PRACTICES, OR OUR PRODUCTS OR SERVICES SHALL BE SUBMITTED TO BINDING, FINAL, AND CONFIDENTIAL ARBITRATION BEFORE A SINGLE ARBITRATOR ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) UNDER ITS CONSUMER ARBITRATION RULES. THIS PROVISION IS GOVERNED BY THE FAA.

The arbitrator shall apply substantive law of the State of Texas to the extent consistent with the FAA, and may award remedies available in an individual lawsuit. The arbitrator may not hear class or representative claims without our consent. If any part of this arbitration agreement is unenforceable for a particular claim, that claim (and only that claim) must be brought in court.

Notwithstanding the foregoing, we may bring claims for injunctive or equitable relief in state or federal courts of Texas for any actual or threatened misuse or infringement of our intellectual property rights. You consent to venue and jurisdiction in such courts.

YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS OF YOUR PURCHASE BY SENDING A LETTER TO: RARE SCENT SOCIETY LLC ATTN. LEGAL DEPARTMENT, 2609 TECHNOLOGY DR. STE 147, PLANO, TX 75074, UNITED STATES.