Terms of service

These Terms of Use and Purchase (“Terms of Use”) apply to your access to, and use of, the website of Deluxe Scents by Romina, LLC (“DSBR”) DBA "Deli Ambience", located at www.deliambience.com (the “Site”), as well as your purchase of any of the products and/or services provided on the Site (the “Products”). These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with DSBR, or its subsidiaries, affiliates and/or partners, for products, services or otherwise. If you are using the Site on behalf of any entity, you represent and warrant that you are authorized to accept these Terms of Use on behalf of such entity.

THESE TERMS ARE A LEGAL AGREEMENT. BY ACCEPTING THESE TERMS BY PURCHASING PRODUCTS AND SERVICES THROUGHT THE SITE, YOU ARE ACCEPTING AND AGREEING TO THESE TERMS ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY AND CAPACITY TO ACCEPT AND AGREE TO THESE TERMS ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT. YOU REPRESENT THAT YOU ARE OF SUFFICIENT LEGAL AGE TO ACCESS THE SITE, TO PURCHASE OUR PRODUCTS AND SERVICES AND TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS OF THESE TERMS, YOU SHOULD CEASE ACCESSING THE SITE OR REFRAIN FROM PURCHASING THE PRODUCTS AND SERVICES.

 

  1. Changes to the Terms of Use

DSBR may change these Terms of Use at any time. Upon any change in these Terms of Use, DSBR will post the amended Terms of Use on the Site. Your continued use of the Site following such posting shall constitute your affirmative acknowledgement of the Terms of Use, and any modification or amendment, and agreement to abide and be bound by the Terms of Use, as modified or amended.

  1. Privacy Policy

Please refer to DSBR’s Privacy Policy for information on how DSBR collects, uses and discloses personally identifiable information from its users. The Privacy Policy can be found at www.deliambience.com/privacy policy.

 

  1. Using the Site
  2. You may use the Products and Services only if you have the legal capacity to form a binding contract with DSBR, you accept these Terms by accessing the Site and Purchasing the Products and Services, and only if you are in compliance with these Terms and all applicable local, state and national, laws, rules and regulations. Only individuals aged 18 and older are permitted to purchase the products and Services.
  3. Limited License. You are granted a limited, non-transferable, non-sublicensable, revocable license to access and use the Site subject to the terms and conditions set forth in these Terms of Use.
  4. In order to purchase Products through the Site, you will need to provide certain personal information about yourself. You agree to provide accurate, current and complete information about you as may be prompted by any form on the Site (“Data”).
  5. Communications from DSBR. By using, accessing, purchasing Products, you agree and consent to receive certain communications in connection with the Site and the Products.  
  6. Ownership in Site Content

All content on the Site, including, without limitation, designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the “Site Content”), are the proprietary property of DSBR or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without DSBR’s prior written permission. DSBR also owns the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world associated with the Site Content and the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws.

  1. Prohibited User Conduct

You are prohibited from using the Site or the Site 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 DSBR’s 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 Site 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 Site or any related website, other websites, or the Internet. DSBR reserves the right to terminate your use of the Site or any related website for violating any of the prohibited uses set forth in these Terms of Use.

  1. Products

Certain Products may be available exclusively online through the Site. These Products may have limited quantities. All Products are subject to return or exchange only according to our Refund Policy.

DSBR reserves the right to limit the quantities of any Products that it offers. All descriptions of Products or Product pricing are subject to change at anytime without notice, at the sole discretion of DSBR. DSBR reserves the right to discontinue any Product at any time. Any offer for any Product made on this Site is void where prohibited.

DSBR does 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 on the Site will be corrected.

  1. Accuracy of Billing and Shipping Information

DSBR reserves the right to refuse any order you place with us. DSBR 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 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, DSBR may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. DSBR reserves the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

When you purchase a Product from us, your will be redirected to Paypal or G-Pay (“Payment Processor”). Please see our Privacy Policy for more information. You agree to provide to the Payment Processor your current, complete and accurate purchase information for all purchases made on the Site. You agree to promptly update your contact information, including your email address so that DSBR can complete your transactions and contact you as needed.

  1. Links to Third Parties

This Site may contain links to other websites for the convenience of DSBR’s users. These other sites have not been reviewed by DSBR and are maintained by third parties over which DSBR exercises no control. DSBR expressly disclaims any responsibility for the content, policies and practices of these other websites and for the availability, accuracy, reliability, completeness, currency, quality, performance or suitability of the information, products and services available or advertised on or through these other websites. These links do not imply, directly or indirectly, DSBR’s endorsement of or affiliation with any other website or website owner, or any information, products or services provided by any third party. When leaving this Site, you should be aware that DSBR’s terms and policies may no longer govern, and, therefore, you should review the applicable terms and policies of each linked website.

  1. Indemnification

You agree to defend, indemnify and hold DSBR and its parent, subsidiaries, partners, service providers, affiliates, officers, employees, and agents (“DSBR Related Parties”) harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Site or those conducted on your behalf): (i) your User Content or your access to or use of the Site; (ii) your breach or alleged breach of these Terms of Use; (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; and/or (v) any misrepresentation made by you. You will cooperate as fully required by DSBR in the defense of any claim. DSBR reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of DSBR.

  1. Limited Product Warranty

DSBR warrants and represents that DSBR’s Diffuser (specifically excluding, however, the Scent Oils) shall be free from defects in materials and workmanship for a period of:

365 days from the date of your original purchase from DSBR (“Limited Warranty Period”).

Refurbished Units - 180 days from the date the order was processed.

During the Limited Warranty Period, your exclusive remedy, and DSBR’s sole obligation, in the event of any warranty claim shall be for DSBR to repair, replace or pay you the reasonable cost of repairing or replacing the defective Diffuser. DSBR’s total liability under this limited warranty is limited to the purchase price of the defective Diffuser. You must notify DSBR in writing of the existence of any defect subject to this limited warranty within a reasonable amount of time after you discover such defect. This limited warranty does not cover any damage, deterioration or malfunction resulting from any alteration, modification, improper or unreasonable use or maintenance (which includes the use of oils not purchased from DSBR), misuse, abuse, accident, neglect, exposure to excess moisture, fire, improper packing and shipping (such claims must be presented to the carrier), lightning, power surges, or other acts of God. This limited warranty further does not cover any damage, deterioration or malfunction resulting from (i) the installation or removal of the Diffusers from any installation, (ii) any unauthorized tampering with the Diffusers, (iii) any negligence, improper action or inaction, or willful or malicious acts by any party other than DSBR, (iv) any repairs attempted by anyone unauthorized by DSBR to make such repairs, and/or (v) any other cause which does not relate directly to a defect in materials and/or workmanship of the Diffusers. Only the original customer is covered under this limited warranty and this limited warranty is not transferable to any subsequent purchaser(s) or owner(s) of the Diffusers.

  1. Disclaimer of Warranties

THE SITE, INCLUDING, WITHOUT LIMITATION, SITE CONTENT, IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, DSBR AND DSBR RELATED PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SITE; (B) THE SITE CONTENT; (C) THE USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO DSBR OR VIA THE SITE. DSBR AND DSBR RELATED PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.

DSBR AND DSBR RELATED PARTIES DO NOT REPRESENT OR WARRANT THAT THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. DSBR AND DSBR RELATED PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SITE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE.

DSBR AND DSBR RELATED PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.

  1. General Limitation of Liability

IN NO EVENT SHALL DSBR AND/OR DSBR RELATED PARTIES  BE LIABLE TO YOU (OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH YOU) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM OR RELATING TO (I) YOUR USE OF, OR INABILITY TO USE, THE SITE, (II) YOUR USE OF, OR INABILITY TO USE, THE PRODUCTS, OR (III) THESE TERMS OF USE. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH STATES OR JURISDICTIONS, DSBR AND/OR DSBR RELATED PARTIES’ LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL DSBR AND/OR DSBR RELATED PARTIES’ TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR YOUR USE OF THE SITE, REGARDLESS OF THE FORM OF ACTION, EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID TO DSBR DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM OR (B) $100.

  1. Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site (“Submissions”) provided by you to DSBR are non-confidential and shall become the sole property of DSBR. DSBR shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

  1. Electronic Contracting and Notices

Your affirmative act of using this Site and/or  purchasing Products constitutes your electronic signature to these Terms of Use, which includes our Privacy Policy, and your consent to enter into agreements with us electronically.

  1. Copyright Act Notice

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on this Site, please notify DSBR’s agent, for your complaint to be valid, you must provide the following information in writing:

(i) An electronic or physical signature of a person authorized to act on behalf of the copyright owner; (ii) Identification of the copyrighted work that you claim is being infringed; (iii) Identification of the material that is claimed to be infringing and where it is located on the Site; (iv) Information reasonably sufficient to permit DSBR to contact you, such as your address, telephone number, and e-mail address; (v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and (vi) A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

The above information must be submitted to the following DSBR’s Agent:

ROMINA AGUILAR

+1 (305) 209-5040 

admin@deliambience.com

  1. Assignment

DSBR may assign these Terms of Use at any time to any parent, subsidiary, or any affiliated DSBR, or as part of the sale to, merger with, or other transfer of DSBR to another entity. DSBR will use reasonable efforts to notify you regarding any change of ownership. You may not assign, transfer or sublicense these Terms of Use to anyone else and any attempt to do so in violation of this section shall be null and void.

  1. Choice of Law; Venue; Class Action Waiver

These Terms of Use shall be construed and enforced in accordance with and governed by the laws of the State of Florida (without giving effect to any conflicts or choice of laws or provisions thereof that would cause the application of the domestic substantive laws of any other jurisdiction). The parties expressly and irrevocably consent to the exclusive venue, and each further agree to submit to the exclusive jurisdiction of, the Federal and State courts located in Miami Dade County, Florida relating to any disputes between them arising out of or relating to these Terms of Use or their relationship. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.

  1. Entire Agreement

These Terms of Use and any supplemental terms, policies, rules and guidelines posted on the Site, including the Privacy Policy, constitute the entire agreement between you and DSBR and supersede all previous written or oral agreements. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of DSBR to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.