Terms of Use

 

TERMS OF USE

Parfums Mazaj Inc. (“Mazaj”, “we”, “our”, “us”), as a convenience to you, grants you (“you”, “your”) access to its website, accessible via Mazaj Fragrances (the “Site”), conditioned on your acceptance of these terms, conditions, and notices contained herein (collectively, the “Terms”).

For the purposes of these Terms, “Content” means collectively any text, images, graphics, software, source code, specifications, audio files, videos, articles, trademarks, logos, and other information or content made available through the Site, including, but not limited to, the design, structure, selection, coordination, expression, “look and feel”, and arrangement of such content.

PLEASE BE AWARE THAT SECTION 14 OF THE GENERAL TERMS OF USE CONTAINS PROVISIONS GOVERNING HOW TO RESOLVE DISPUTES BETWEEN YOU AND MAZAJ. AMONG OTHER THINGS, SECTION 14 INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY BINDING AND FINAL ARBITRATION. 

UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE WITHIN THIRTY (30) DAYS: (i) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION; AND (ii) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.

These Terms contain the following terms and conditions sections:

1. GENERAL TERMS OF USE

2.  TERMS OF SALE

1. GENERAL TERMS OF USE

1. ACCEPTANCE OF TERMS.

PLEASE READ THESE TERMS AND THE MAZAJ PRIVACY POLICY (“Privacy Policy”) CAREFULLY BEFORE USING THE SITE. BY USING THE SITE ON ANY COMPUTER, MOBILE PHONE, TABLET, CONSOLE OR OTHER DEVICES (COLLECTIVELY, “Devices”), YOU AGREE TO THESE TERMS, AND YOU CONSENT TO THE COLLECTION, USE, AND DISCLOSURE OF INFORMATION AS DESCRIBED IN THESE TERMS AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS AND THE PURPOSE FOR PROCESSING INFORMATION SET OUT IN OUR PRIVACY POLICY, YOU MUST EXIT THE SITE IMMEDIATELY AND DISCONTINUE ANY USE OF THE SITE AND ANY CONTENT CONTAINED THEREIN. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU WILL NOT BE ABLE TO DOWNLOAD, USE, OR ACCESS THE SITE. YOUR USE OF THE SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW.

MAZAJ MAY, IN ITS SOLE DISCRETION, MODIFY THESE TERMS AT ANY TIME BY POSTING UPDATED TERMS ON THE SITE OR BY SENDING REGISTERED USERS AN EMAIL NOTICE. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU MUST CEASE USING THE SITE. BY CONTINUING TO USE OR ACCESS THE SITE, YOU ARE AGREEING TO THE REVISED TERMS. These Terms do not alter in any way the terms or conditions of any other agreement You may have with Mazaj or its affiliates for other products or services.

Our Privacy Policy, and as applicable our Cookie Policy, describes the collection, use, and further processing of personal information on the Site. Notwithstanding anything else to the contrary contained in these Terms, Mazaj’s use of any personal information (e.g., name, address, etc.) you provide via the Site shall be governed by our Privacy Policy. For further information regarding Mazaj’s processing of your personal information, please refer to our Privacy Policy, available at https://mazajfragrances.com/pages/privacy-policy.

You are expected to check this page from time to time to take notice of any changes Mazaj has made, as those changes are binding on you.

The Terms were updated as of April 24, 2026.

2. USE AND RESTRICTIONS.

The Site may be accessed and used only by individuals who can form legally binding contracts under applicable laws, who are of legal age of majority in their place of residence, for example, 18 years of age or older, and who are not otherwise barred from using the Site under applicable laws.

The Site is provided solely as a convenience to you for non-commercial use. You may access and use the Site only in accordance with all applicable laws and regulations and with these Terms. You acknowledge and agree that Mazaj, in its sole discretion and without notice or any further obligation to you, may temporarily suspend or permanently discontinue and refuse any and all current and future access to or use of the Site.

You agree not to:

• resell for commercial purposes products purchased through the Site, or as applicable, from a Mazaj retail store;

• commercially sell, resell, distribute, or frame the Site or Content therein;

• modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, transfer, or sell any Content;

• use, frame, or utilize framing techniques to enclose any Mazaj trademark, logo, or other proprietary information (including scents, the images found on the Site, the content of any text, or the layout/design of any page or form contained on a page) without Mazaj’s express written consent;

• collect or use any product listings or descriptions; or

• use any meta tags or any other “hidden text” utilizing a Mazaj name, trademark, or product name without Mazaj’s express written consent.

When using the Site, you may not:

• breach, attempt to breach, or otherwise bypass any security or authentication measures of the Site, the server on which our Site are stored, or any server, computer, or database connected to the Site;

• transmit into or submit to the Site any of the following: viruses, malware, malicious or destructive code, or any other routine, device, or other undisclosed feature (e.g., so-called time bomb, software lock, drop dead device, malicious logic, worm, Trojan horse, or trap, back door, or software routine) that either interferes with or otherwise harms or provides unauthorized access or causes unauthorized modifications to the Site, including the systems or servers which host the Site;

• use any data mining, robots, or similar data gathering and extraction methods from the Site;

• access or attempt to access any systems or servers on which the Site is hosted or modify or alter the Site in any way, other than for your use of the Site as expressly permitted in these Terms;

• attack the Site via a denial or service attack or distributed denial or service attack; or

• forge headers, create a false identity, or otherwise manipulate identifiers in order to deceive others or disguise the origin of any Content or other information transmitted to or via the Site.

Any unauthorized use of the Site will terminate the permission or license granted by these Terms, will result in you being barred from using the Site, and may violate applicable law, including but not limited to, copyright laws, trademark laws, and communications regulations and statutes.

3. COPYRIGHT

The Content, Site, as well as the selection and arrangement of each, are the sole property of Mazaj and/or its licensors and are protected by patent, copyright, trademark, and other intellectual property laws and may not be used except in accordance with these Terms or with Mazaj’s express written consent. Other than as necessary for your use of the Site in accordance with these Terms, Mazaj grants no other privileges or rights in the Content to you, and you must keep intact all patent, copyright, trademark, and other proprietary notices on the Content. Any Content owned by Mazaj’s licensors may be subject to additional restrictions. Except as expressly provided in these Terms, no part of the Site, or Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way to any other computer, server, website, smart phone, tablet, or other medium for publication or distribution or for any commercial enterprise, without Mazaj’s express prior written consent.

If you print, copy, or download any part of the Site in breach of these Terms, your right to use the Site will cease immediately and you must, at Mazaj’s option, return or destroy any copies of the materials you have made. You may print one copy and may download extracts of any page(s) from the Site for your personal, non-commercial purposes. You must not modify the paper or digital copies or any materials you have printed or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences, or any graphics separately from any accompanying text. Mazaj’s status (and that of any identified contributors) as the author of material on the Site must always be acknowledged.

4. TRADEMARK

All trademarks, service marks, trade names, logos, and trade dress, whether registered or unregistered (collectively, the “Marks”) that appear on the Site are proprietary to Mazaj or such Marks’ respective owners. You may not display or reproduce Mazaj Marks other than with the prior written consent of Mazaj, and you may not remove or otherwise modify any trademark notices from any Content. The Marks are protected by trademark, trade dress, copyright, and various other intellectual property rights and unfair competition laws.

In addition, all page headers, custom graphics, button icons, and scripts are trademarks, service marks, trade names, and/or trade dress of Mazaj or their respective owners, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Mazaj.

5. COPYRIGHT AND TRADEMARK INFRINGEMENTS

Mazaj respects the intellectual property rights of others, and we ask you to do the same. Mazaj may, in appropriate circumstances and at our discretion, terminate service and/or access to the Site for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, Mazaj’s agent for notice of claims of copyright or trademark infringement on the Site can be reached as follow: info@mazajfragrances.com.

Please also note that for copyright infringements under Section 512(f) of the U.S. Copyright Act, any person who knowingly, materially misrepresents that material or activity is infringing may be subject to liability.

6. YOUR ACCOUNT

If you purchase products using the Site, you may be prompted to establish an account with Mazaj, and at your discretion choose to do so. You are solely responsible for (i) maintaining the security and confidentiality of your account and your account password; (ii) restricting access to your device and your account; and (iii) keeping your email address listed on your account current. You are solely responsible and liable for all activities, including, without limitation, all purchases of products and services through the use of the Site that occur under your account or your account password.

You agree to immediately notify Mazaj of any unauthorized use of your password or account or any other breach of security by contacting info@mazajfragrances.com. We have the right to disable any account or password at any time, for any reason.

You acknowledge and agree that Mazaj may, in alignment with the Privacy Policy, to the extent permitted by applicable law, access, preserve, and disclose your account information, all communications to and from you, all information relating to your use of the Site, and all information relating to the use of the Site under your account or account password if Mazaj is required to do so by law or legal process or if Mazaj determines, in its sole discretion, that such action is necessary to protect the rights of Mazaj, third parties, and other users of the Site or for purposes of responding to your request for customer service.

7. ELECTRONIC COMMUNICATIONS

a) You consent to receive electronic communications from Mazaj either in the form of email sent to you at the email address listed on your account or by communications posted on the Site for any purpose. You acknowledge and agree that any electronic communication in the form of such email or posting on the Site shall satisfy any legal requirement that such communication be in writing. The frequency of the electronic communication will vary based on your interactions with our products, marketing campaigns and website. 

b) SMS/Text Messaging. 

By providing your telephone number to Mazaj under any SMS program and clicking “I Agree” or a similar consent mechanism under the applicable SMS program, you consent to receive transactional, promotional, and marketing SMS or text messages from or on behalf of Mazaj.  Message frequency may vary, and message and data rates may apply to all SMS or text messages sent by or on behalf of Mazaj or received by you. Carriers are not liable for delayed or undelivered messages. Delivery of SMS or text messages is dependent on your mobile carrier’s network and performance. Mazaj will not sell, or share your SMS opt-in data with third parties. We may share your data, including your SMS opt-in or consent status, with third parties that help us provide our messaging services, including but not limited to Site providers, phone companies, and any other vendors who assist us in the delivery of text messages. SMS data will be used solely to administer the messaging program and in accordance with our Privacy Policy. You may withdraw your consent at any time by unsubscribing to the SMS program by replying “STOP” to any SMS or text message you receive, or by any other described opt-out or unsubscribe mechanism. You acknowledge that opting out of the SMS program will impact your ability to receive SMS or text messages from Mazaj thereafter. For support, text HELP, or for additional assistance contact us at info@mazajfragrances.com. 

You agree that Mazaj may use and/or disclose information consistent with the Privacy Policy.

8. MODIFICATIONS

Any Content offered or posted on the Site is subject to modification or discontinuation at any time and from time to time without notice or obligation to you. Without limiting the foregoing, Mazaj reserves the right, in its sole discretion, to charge fees for the use or purchase of, or access to, any products, services or Content offered through the Site, at any time and from time to time.

9. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Mazaj, its affiliates, and their respective directors, officers, employees, and agents against any losses, liabilities, claims, and expenses (including attorney’s fees) as a result of (i) your access to or use of the Site; (ii) your breach or alleged breach of these Terms; (iii) your violation of any third-party right, including, without limitation, any intellectual property right, publicity, confidentiality, property, or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative, and legislative authorities; or (v) any misrepresentation made by you. This means that you will be responsible for any loss or damage we suffer as a result of your breach of these Terms.

10. THIRD-PARTY SITES

The Site may contain links to websites, widgets, Marks, or other resources owned, controlled, operated, or otherwise provisioned by third parties other than Mazaj or its affiliates (collectively “Third-Party Sites”). Access to Third-Party Sites is provided solely as a convenience to you. Mazaj does not control Third-Party Sites and is not responsible for the content, products, services, or information offered or collected by any such third parties. The inclusion of Third-Party Sites on the Site does not imply Mazaj’s endorsement of the content, products, services, or information offered, advertised, endorsed, or promoted by any third party or of any company or person. If you decide to access any third-party websites or acquire any third-party products or services, you do so entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies imposed by such third parties.

11. LINKING TO THE SITE

You may link to our Site, provided you do not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. The website from which you are linking must comply in all respects with applicable law.

12. WARRANTIES AND DISCLAIMER

AS A CONDITION OF YOUR USE OF THE SITE, YOU WARRANT TO MAZAJ THAT YOU WILL NOT USE THE SITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE TERMS.

EXCEPT AS OTHERWISE DETAILED IN THE TERMS OF SALE (AS DEFINED BELOW), THE SITE, AND ANY PRODUCTS OR CONTENT, INCLUDING LINKS, PROVIDED VIA THE SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MAZAJ DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, CONTENT, AND ANY PRODUCTS OR SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM ERRORS, OMISSIONS, COMPUTER VIRUSES, OR OTHER MALICIOUS OR UNAUTHORIZED CODE OR PROGRAMS, AND IMPLIED WARRANTIES OR CONDITIONS ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, MAZAJ DOES NOT REPRESENT OR WARRANT THAT THE SITE, CONTENT, OR ANY PRODUCTS, SERVICES, OR ANY OTHER INFORMATION ACCESSIBLE VIA THE SITE IS SECURE, ACCURATE, COMPLETE, OR CURRENT OR THAT ANY PARTICULAR PRODUCTS OR INVENTORY WILL BE AVAILABLE AT ANY TIME. Mazaj will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of our Site or to your downloading of any material posted on it, or on any website linked to it.

IN ADDITION, THE SITE MAY CONTAIN TYPOGRAPHICAL ERRORS OR INACCURACIES AND MAY NOT BE COMPLETE OR CURRENT. MAZAJ THEREFORE RESERVES THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES, OR OMISSIONS (INCLUDING AFTER AN ORDER HAS BEEN SUBMITTED) AND TO CHANGE OR UPDATE INFORMATION AT ANY TIME WITHOUT PRIOR NOTICE. PLEASE NOTE THAT SUCH ERRORS, INACCURACIES, OR OMISSIONS MAY RELATE TO PRICING AND AVAILABILITY. TO THE EXTENT PERMITTED BY APPLICABLE LAW, MAZAJ RESERVES THE RIGHT TO CANCEL OR REFUSE TO ACCEPT ANY ORDER PLACED BASED ON INCORRECT PRICING OR AVAILABILITY INFORMATION. IF AN ITEM BECOMES UNAVAILABLE FOR WHATEVER REASON AFTER AN ORDER IS ACCEPTED, MAZAJ MAY TERMINATE THE ORDER BY GIVING YOU WRITTEN NOTICE. IN SUCH EVENT, MAZAJ WILL CONTACT YOU TO ARRANGE FOR A REFUND OR PROVISION OF CREDIT AGAINST FUTURE PURCHASE(S).

Minor differences and other variations in products are possible as a result of different image acquisition, display technologies, or other technical reasons. Mazaj is not liable for these variants and deviations.

Nothing in these Terms shall affect your legal rights under applicable consumer laws.

13. LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY LAW, MAZAJ AND ITS PARENT, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS, AND THIRD-PARTY PARTNERS WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, MULTIPLIED, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR REVENUES OR FAILURE TO REALIZE EXPECTED SAVINGS, OR ANY DAMAGES WHATSOEVER, WHETHER OR NOT SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER THEORY, INCLUDING, WITHOUT LIMITATION, ARISING OUT OF OR IN CONNECTION WITH ANY LOSS OR OTHER DAMAGES IN CONNECTION WITH ANY UNAVAILABILITY OR NONPERFORMANCE OF THE SITE OR ANY ERRORS, OMISSIONS, VIRUSES, OR MALICIOUS CODE, UNLESS SUCH LOSS OR DAMAGE IS CAUSED DIRECTLY BY MAZAJ’S FRAUD, RECKLESSNESS, GROSS NEGLIGENCE, OR NEGLIGENCE. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

SOME JURISDICTIONS MAY NOT ALLOW FOR THE EXCLUSION OR LIMITIATION FOR CERTAIN LIABILITY OR DAMAGES. BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE, PROVINCE, OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

You agree that any claim you may have arising out of or related to your relationship with Mazaj must be filed within one (1) year after such claim arose; otherwise, your claim is permanently barred.

14. ARBITRATION AGREEMENT

General

We believe that arbitration offers a prompt, efficient way to resolve any dispute, controversy, or other claim that may arise between you and us (whether arising under any legal or equitable theory, and given the broadest meaning enforceable under law, a “Dispute”).

To the maximum extent permitted by law, you and we agree that any and all Disputes arising out of or relating in any way to these Terms and prior versions of these Terms, any communications you receive from Mazaj, any products sold or distributed through the Site, your account, your access to or use of the Site (including for the purchase of Mazaj products), and any Personal Rights contained therein, including claims and disputes that arose between us before the effective date of these Terms, will be resolved exclusively and finally by a single arbitrator using binding arbitration pursuant to the Consumer Arbitration Rules of the American Arbitration Association (“AAA”), as further detailed in this Section 14 (“Arbitration Agreement”). DISPUTES WILL ONLY BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, REPRESENTATIVE, OR SIMILAR ACTION, EXCEPT AS PROVIDED BELOW. There is no judge or jury in arbitration. The discovery and other procedures are more limited and less formal, and court review of an arbitration award is limited. The arbitrator must follow these Terms and can award the same damages and relief as a court in an individual proceeding (including attorneys’ fees).

The only exceptions to the Arbitration Agreement are: (i) you and Mazaj may assert claims or seek relief in small claims court if such claims qualify and remain in small claims court; and (ii) you or Mazaj may seek equitable relief in court for infringement or other misuse of intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). For purposes of this Arbitration Agreement, “Dispute” will also include disputes that arose or involve facts occurring before the existence of this or any prior versions of the Terms, as well as claims that may arise after the termination of these Terms.

Waiver of Jury Trial

YOU AND MAZAJ HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Mazaj are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in this Arbitration Agreement. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

Waiver of Class and Other Non-Individualized Relief

YOU AND MAZAJ AGREE THAT, EXCEPT AS SPECIFIED IN THE BATCH ARBITRATION CLAUSE BELOW OR OTHERWISE PROHIBITED BY LAW, EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party’s individual claim. Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under the subsection entitled “Batch Arbitration.” Notwithstanding anything to the contrary in this Arbitration Agreement, if a court decides by means of a final decision, not subject to any further appeal or recourse, that the limitations of this subsection, “Waiver of Class and Other Non-Individualized Relief,” are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and Mazaj agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the Province of Quebec, Canada. All other Disputes shall be arbitrated or litigated in small claims court. This subsection does not prevent you or Mazaj from participating in a class-wide settlement of claims.

Pre-Arbitration Claim Resolution

If a Dispute arises between you and Mazaj, Mazaj is committed to working with you to reach a reasonable resolution. You and Mazaj agree to make good faith, informal efforts to resolve Disputes to seek a prompt, low‐cost and mutually beneficial outcome. Before initiating any proceeding, you and we must first give the other an opportunity to resolve the Dispute. We will reach out to you via your information on file and you will reach us by emailing us at info@mazajfragrances.com with the following information: (i) your name; (ii) your address; (iii) a written description of our claim in the Dispute; and (iv) a description of the specific relief you seek. If you and we do not resolve the Dispute within forty-five (45) days after receiving said notification, then you or we may pursue the Dispute in arbitration.

15. GOVERNING LAW

All litigation, court proceedings, arbitration proceedings, mediation proceedings, lawsuits, court hearings, and other hearings or actions initiated in connection with the Site and/or the Content must and will be venued exclusively in Montreal, Quebec, Canada. These Terms and the relationship between you and Mazaj will be governed by the laws of the Province of Quebec, Canada, and the federal laws of Canada applicable therein, without giving effect to principles of conflict of laws of any jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods will not apply in any way to these Terms or to the transactions contemplated by these Terms.

16. MISCELLANEOUS

If any provision of these Terms is held to be invalid, illegal, or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality, or unenforceability will not affect the effectiveness or validity of any provision in any other jurisdiction, and these Terms will be reformed, construed, and enforced in such jurisdiction as if such provision had never been contained herein. Any headings or titles herein are for convenience only.

17. LANGUAGE

You agree it is the express wish between you and Mazaj that the official language of these Terms and all communications and agreements between Mazaj and you and any proceedings in connection with these Terms and/or your use of the Site exclusively shall be made in the English language. Mazaj and you waive any rights we or you may have under any other law to have these Terms written in another language. Any translation of these Terms will be for convenience only.

18. NO PARTNERSHIP

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Mazaj as a result of these Terms, the Privacy Policy, or any use of the Site. Mazaj’s performance of these Terms is subject to existing laws and legal process. Nothing contained in these Terms or the Privacy Policy is in derogation of Mazaj’s right to comply with law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Mazaj with respect to such use.

19. ENTIRE AGREEMENT

These Terms, including all terms and conditions incorporated by reference herein, constitute the entire agreement between you and Mazaj with respect to the Site, and the Services provided by Mazaj, including the sale of products, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Mazaj with respect to the Site.

20. QUESTIONS OR CONCERNS

If you have any concerns about material which appears on the Site, please contact us by emailing us at: info@mazajfragrances.com.

2. TERMS OF SALE

These Terms of Sale (“Terms of Sale”) describe the terms and conditions in which Mazaj sells Mazaj products (“Products”) through the Site to you and provide the legal information applicable to the contract formed when you purchase a Product from our Site (an “Order”). PLEASE READ THESE TERMS OF SALE CAREFULLY. BY ACCESSING, USING, OR PURCHASING THROUGH OUR SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF SALE AND ALL TERMS INCORPORATED BY REFERENCE.

1. PLACING AN ORDER. The contract for an Order made on a Site is formed through the following steps: a) you place an Order, b) we acknowledge and accept the Order, and c) we send you a shipping confirmation. To place an Order, you will be required to submit your name, address, email, phone number, and a valid Payment Method (defined below). Please carefully review all Product specifications, including price, and any shipping costs, delivery fees, or taxes that may apply to your Order, along with these Terms of Sale. By completing the Order, you accept these Terms of Sale and your obligation to pay the total price. We will acknowledge receipt of your Order by displaying an order confirmation number and/or sending an email to the email address you submitted. If your Order is accepted, we will send an email to confirm acceptance. When your Product is shipped from our warehouse, we will send an email with shipping confirmation. If any Product in your Order becomes unavailable, you will be refunded any respective amount(s) paid via the original Payment Method.

2. RESTRICTIONS ON PLACING ORDERS. Products are offered for sale only to end consumers who are of legal age of majority in their place of residence (for example, 18 years of age or older). We reserve the right to not accept Orders placed by consumers under 18 years of age or persons other than end consumers. We only supply Products for domestic and private use. You agree to not purchase any Product for commercial resale. WE HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY.

3. AVAILABILITY. All Products are subject to availability. We will inform you by email as soon as possible if a Product in your Order is not available. We make no representations or warranties that any Products displayed on our Site will be available at any time or location.

4. DETAILS, AND PACKAGING. Product details (e.g., logo placement), and packaging may vary slightly from Site images. Site images are for illustrative purposes only. We make every effort to display logo placement as accurately as possible, but we cannot guarantee how such details will display on your device. Additionally, logo placement is dependent on production lot and timing and may therefore differ from the Site images.

5. PAYMENT METHODS. Acceptable payment methods (each, a “Payment Method”) may vary by Site and will be shown on the order summary page. We will not charge your Payment Method until we dispatch your Order. We take every reasonable care to ensure your Order and subsequent transactions are conducted via a secure link. To protect against fraudulent use of Payment Methods, we conduct security checks on all Orders. These security checks take various forms and may involve contacting you by phone before we process your Order. We also procure the services of various credit rating and fraud prevention companies, and we may share details of your Order with them for the sole purpose of detecting and preventing fraudulent use of Payment Methods. Such information will be shared and processed in accordance with our Privacy Policy. Certain Payment Methods may be subject to additional requirements for use and approvals by such third parties. When placing an Order using these methods, please be sure to review any additional terms and available documentation.

6. DELIVERY. For Orders that are being shipped to you directly, your Order will be fulfilled by the estimated delivery date indicated in the shipping confirmation, unless an Event Outside Our Control occurs (defined below). If an Event Outside Our Control prevents us from meeting the estimated delivery date, we will contact you with a revised estimated delivery date. Delivery is completed when the Product is delivered to the address submitted in your Order, at which time the Products become your responsibility. You own the Products once we have received payment in full, including any delivery charges. Certain regions may require a “Delivery Fee” to be included on items shipped to addresses in that region. If your designated shipping address requires a Delivery Fee, the amount will be noted and included on the Order Summary page. DELIVERY FEES AND, IF SELECTED, ANY EXPEDITED SHIPPING FEES ARE NON-REFUNDABLE. Further information regarding shipping timing and details is available in our Site.

7. OUR RIGHT TO REJECT OR CANCEL AN ORDER. We expressly reserve the right, at our sole discretion, to limit, reject, restrict, refuse, or cancel any Order placed by you, wholly or partially, at any time, and without notice or liability for any damages or costs other than the repayment of any amount received from such Order, in certain situations, including, but not limited to:

• if your Order exceeds Product purchase limits in quantity or dollar amount;

• if your purchase history, or related accounts show a high volume of exchanges or returns or suspicious volume of purchases;

• if we believe that you ordered or purchased Products (single or cumulative transactions) for resale, tax evasion, or another fraudulent purpose;

• if the delivery address you provide is the address of a freight forwarding entity or individual or an address flagged by our systems as potentially linked to fraudulent or suspect activities;

• if our security systems flag your Order or account details as unusual or susceptible to fraud, discount abuse, or misuse, including fraud related to credit card payments;

• if the Product you seek to purchase is unavailable, not in stock, incorrectly priced, or otherwise incorrectly described;

• if there was a misspelling, mismarked pricing, or other mistake or error in connection with the Order;

• if we are unable to obtain payment authorization;

• if your address, form of payment, or billing information is unverifiable or incorrect;

• if shipping restrictions may apply to a Product in your Order;

• if we believe you are ineligible to make purchases or use a discount program code or are unauthorized to apply a discount or promotion code to your purchase;

• if we cannot deliver to the address provided;

• if you are involved in an ongoing legal dispute with Mazaj;

• if you have previously breached the conditions or terms of the Terms of Use, including these Terms of Sale; or

• due to an Event Outside Our Control (see below).

8. LIMITED GUARANTEE. Our Quality Promise is our limited guarantee that the Product you purchase will perform as intended and detailed in the description page on the Site. This limited guarantee is restricted to one (1) year from the date of purchase, and proof of purchase is required. This limited guarantee does not apply to Products impacted by ordinary wear and tear, personal preference, misuse or accidents. For Products where the Quality Promise does not apply, please see our Return Policy (below). 

9. RETURNS AND REFUND POLICY. Unless we have stated otherwise (for example, during the holiday season), you have thirty (30) days from the date you receive your Order to return such Product to us. You are legally obligated to take reasonable care of the Products while they are in your possession. All returned Products must be unopened and unused with hang tags still attached, accompanied by proof of purchase at the time of return. If you are unable to provide a proof of purchase, we may request that additional information, such as photo ID, be provided for verification purposes. All Products are subject to inspection. You will receive a full refund of the price you paid for the Product, less any applicable expedited shipping charges or Delivery Fee, which are non-refundable. Mazaj will process the refund as soon as possible, and in any event, within thirty (30) calendar days of the date you gave us notice of the return. You must return the Products as soon as reasonably practicable. Unless the Products are faulty or not as described, you will be responsible for the cost of returning the Products to us. Refunds will be issued via the Payment Method of your Order.

10. EVENTS OUTSIDE OUR CONTROL. Mazaj is not liable or responsible for any failure to perform, or delay in performance of, any of its obligations under any contract that is caused by events outside our reasonable control (“Events Outside Our Control”). An Event Outside Our Control includes any act, event, non-happening, omission, or accident beyond our reasonable control, and particularly includes the following, without limitation: (a) strikes, lockouts, or other industrial action; (b) civil commotion, riot, invasion, terrorist attack, threat of terrorist attack, war (declared or not), or threat or preparation for war; (c) fire, explosion, storm, flood, earthquake, subsidence, or other natural disaster; (d) impossibility of the use of railways, shipping, aircraft, motor transport, or other means of public or private transport; (e) impossibility of the use of public or private telecommunications networks; (f) acts, decrees, legislation, regulations, or restrictions of any government; and (g) pandemic or epidemic. Mazaj’s performance under any contract is deemed to be suspended for that period that the Event Outside Our Control continues, and we will have an extension of time for performance for the duration of that period. We will make reasonable efforts to bring the Event Outside Our Control to a close or to find a solution by which our obligations under the Contract may be performed despite the Event Outside Our Control.

11. DISPUTES AND LIMITATION OF LIABILITY

In addition to Section 13 (Limitation of Liability) of the General Terms of Use incorporated herein, these Terms include the entire scope of our AGREEMENT AND UNDERSTANDING CONCERNING ANY CLAIM ARISING FROM OR RELATED TO YOUR SHOPPING, ORDERS, PURCHASES, RETURNS, AND ACCESS OR USE OF MAZAJ SITE. TO THE EXTENT PERMISSIBLE BY LAW, the maximum aggregate liability of either party to the other on all claims under these terms for any Order or claim that arise or relate to these, whether in contract, warranty, tort (including negligence), strict liability, statute, or otherwise, IS LIMITED TO THE AMOUNT PAID TO MAZAJ FOR THE PRODUCT(S) PURCHASED IN THE RELATED TRANSACTION. In no event shall the maximum aggregate liability exceed one hundred percent (100%) of the price paid for the Product(s) in your order. Nothing in these Terms of Sales limits or excludes our liability for any liability that cannot be limited or excluded by law. IF THESE LIMITATIONS ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE MAXIMUM LIABILITY OF MAZAJ TO YOU FOR ANY DAMAGES RESULTING FROM YOUR PURCHASE OF A PRODUCT SHALL BE LIMITED TO THE GREATER OF THE ACTUAL AMOUNT PAID BY YOU FOR ANY PRODUCTS OFFERED ON THE SITE OR A MAXIMUM AMOUNT OF USD $100.00. Some of the above exclusions and limitations do not apply in certain jurisdictions in Canada under applicable consumer protection laws.

Any dispute relating in any way to these Terms of Sale and purchases from the Site, and the use thereof, will be resolved per Section 14 “Arbitration” in the General Terms of Use. THIS SECTION MAY LIMIT CERTAIN RIGHTS. PLEASE REVIEW THE MAZAJ TERMS OF USE FOR FURTHER INFORMATION.

12. THIRD-PARTY RIGHTS. This contract is between Mazaj and you. No other person shall have any right to enforce any terms herein.

13. WAIVER. If either party fails to insist that the other perform any of its obligations under these Terms of Sale, or if either party does not enforce its rights against the other party, or delays in doing so, such failure to insist or enforce will not mean that the concerned party has waived its rights against the other, nor that the other party does not have to comply with those obligations. If either party waives a default by the other, it will only do so in writing, and such waiver will not mean that the party will automatically waive any later default.

14. MISCELLANEOUS. If any provision of these Terms of Sale is held to be invalid, illegal, or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality, or unenforceability will not affect the effectiveness or validity of any provision in any other jurisdiction, and these Terms of Sale will be reformed, construed, and enforced in such jurisdiction as if such provision had never been contained herein. Any headings or titles herein are for convenience only. Mazaj’s performance of these Terms of Sale is subject to existing laws and legal process, and nothing contained in these Terms of Sale, the Privacy Policy, Cookie Policy, or Terms of Use is in derogation of Mazaj’s right to comply with law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Mazaj with respect to such use.

15. LANGUAGE. English shall exclusively be the official language of these Terms of Sale and any communications, agreements, and proceedings between us. Both parties waive any rights we may have under any other law to have the Terms of Sale written in another language. Any translation of these Terms of Sale will be for convenience only.

16. ENTIRE AGREEMENT. These Terms of Sale, the Terms of Use, Privacy Policy, and Cookie Policy, as applicable, constitute the entire agreement, superseding all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Mazaj with respect to the Site.

17. REVISIONS TO THESE TERMS OF SALE. We may revise these Terms of Sale from time to time. Every time you place an Order, the Terms of Sale in force at that time will apply to your Order. Whenever we revise these Terms of Sale, we will notify you of material amendments and indicate the most recent date of updates at the top of the Terms page.

18. GOVERNING LAW AND JURISDICTION. These Terms of Sale shall be governed by, construed, and enforced in accordance with the law of the Province of Quebec, and any applicable local laws therein, without giving effect to any conflict of law provisions.