Terms of Service
This website is operated by A. N. OTHER Fragrances LLC.
Throughout the site, the terms “we”, “us” and “our” refer to A. N. OTHER Fragrances LLC. A. N. OTHER offers this website, including all information, tools, products and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, statements and notices stated here.
By visiting our site and/or purchasing something from us, you agree to be bound by the following terms and conditions (“Terms and Conditions”, “Terms”), including those additional terms and conditions and policies referenced herein. If you do not agree to all the terms and conditions of this agreement, then you may not access the website, purchase products or use any services.
Please read these Terms, our Cookies Statement and our Privacy Statement carefully before accessing or using our website.
Any new features, products or tools which are added to the current website shall also be subject to the Terms. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website. You can review the most current version of the Terms at any time on this page. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.
Section 1 – General Conditions
By agreeing to these Terms, you represent that you are at least the age of majority in your state of residence, and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of our products, violate any laws in your jurisdiction (including but not limited to copyright laws).
We reserve the right to refuse service to anyone for any reason at any time. We 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 customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
A breach or violation of any of the Terms will result in an immediate termination of your services.
We do not guarantee that all the items shown on our website are in stock at the time of your order. In case we are out of stock of any items in your order we will contact you by phone or by e-mail. We may at any time change the content of the site and the items available in the product range.
Section 2 – Errors, Inaccuracies and Omissions
Though we strive to always display the correct texts, images and pricing on the website, occasionally there may be information on our site or on our products that contains typographical errors, inaccuracies or omissions. We are not responsible if information made available on this site is not accurate, complete or current.
We reserve the right to modify the contents of this site at any time, to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the website or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
Section 3 - Modifications to the Products, Service and Prices
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the sale of products on this site (or any part or content thereof) without notice. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance.
Section 4 - Products or Services
The products displayed on our website can be ordered and delivered only in the continental U.S.
These products may have limited quantities and are subject to return or exchange only according to our Returns and Refund Policy.
We do not guarantee that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.
All products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients of the products to avoid potential allergic reactions. If you have any doubt, please consult with your physician regarding the use of our products before using them. Ingredient lists may change.
Because fragrance sensitivities vary, we recommend patch-testing before full use. We do not provide medical advice; please consult your physician if you have concerns regarding allergies or sensitivities.
Do not spray our products towards the eyes or face. Do not apply to damaged or inflamed skin. Keep out of reach of children. Stop using the product if you develop redness or itching.
Our products are flammable. Keep away from sources of heat / sparks /open flames and hot surfaces when in use.
Section 5 - Payment and Prices
Prices are quoted in U.S Dollars.
Sales tax will be applied in accordance with applicable state and local regulations based on your shipping address.
If you have been charged the wrong amount when shopping on the website, we will give you the option of placing a new order with the correct price or canceling your order. If we are unable to get in touch with you, your order will be automatically cancelled.
We accept payments by Visa, MasterCard and American Express. The full amount will be charged on the date you place your order. We do not keep our customers' payment card details.
Section 6 - Optional Tools and Third-Party Links
We may provide you with access to third-party tools which we neither monitor nor have any control nor input.
Any use by you of optional tools or content offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools and content are provided by the relevant third-party provider.
We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damage related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.
Section 7 - User Comments, Feedback and other Submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the website or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Section 8 - Personal Information & Cookies
Your submission of personal information is governed by our Privacy Policy. Please review our Privacy Policy.
Our site uses cookies and other related technologies (for convenience all technologies are referred to as "cookies"). Please review our Cookies Statement.
When you purchase an item from our website, you are automatically added to our email communications, including product updates, promotional campaigns, and brand announcements. You may choose to unsubscribe from marketing emails at any time by using the “unsubscribe” link included in each message. Transactional emails related to your order, delivery, or customer service will continue to be sent as needed.
Section 9 - Disclaimer of Liabilities, Warranties and Indemnification
To the fullest extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. Your use of the website and products is at your sole risk.
We are not liable for any damages of any kind arising from your use of any of the products procured using the website. We cannot be held responsible for any damage caused from using the site or not being able to use the site. We cannot guarantee a problem-free, uninterrupted and secure access to the web site. In any event, and to the fullest extent permitted by Florida law, our total liability for any claim arising out of or relating to the purchase or use of any product shall be limited to a maximum of three (3) times the purchase price of the item giving rise to the claim.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify us, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors, to defend us and to hold us harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms, or your violation of any law or the rights of a third-party.
Section 10 - Copyright and Trademarks
Our trademarks include (amongst others) the A. N. OTHER name and logo. These trademarks may be used or registered in more than one country and your use of this website does not grant you any rights to use our trademarks. The compilation of all the content on this website is the property of A. N. OTHER and is protected by U.S. and international copyright law.
You may download, print and store copies of this material for your own personal, non-commercial use, provided this Copyright Permission Notice is included in all such copies. For press inquiries, please contact us at hello@an-other.com.
You may not reproduce, distribute, modify, create derivative works from, or otherwise exploit any part of the website or its content for commercial purposes. Automated data collection, scraping, or use of our content for training machine-learning models is strictly prohibited.
Section 11 - Severability
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
Section 12 - Entire Agreement
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms and any policies or operating rules posted by us on this site constitute the entire agreement and understanding between you and us and govern your use of the website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
Section 13 - Governing Law
These Terms and any separate agreements whereby we provide you services or products shall be governed by and construed in accordance with the laws of Florida. The exclusive jurisdiction and venue for any permitted court proceedings shall be Miami-Dade, Florida.
Section 14 - Dispute Resolution and Arbitration; Class Action Waiver.
Almost all customer service disputes can be resolved to the customer’s satisfaction by using our customer service at hello@an-other.com. If the dispute cannot be resolved using our customer service team, these Terms describe how we shall proceed with the resolution of the dispute.
To the extent permitted by applicable laws, you agree that any cause of action arising out of or related to the website and the products and services must commence within 1 (year) after the cause of action occurs.
These are the only dispute-resolution options available to you. All claims must be brought either (1) as an individual action in small-claims court in Miami, Florida, or (2) through binding arbitration as described in this Section. No other court actions or proceedings are permitted.
You may opt out of this arbitration agreement by sending written notice to hello@an-other.com within 30 days of your first purchase from our website. If you do not opt out within this period, arbitration will be mandatory.
You agree that all disputes will be resolved exclusively and finally by binding arbitration rather than in court. The arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules. The number of arbitrators shall be one. The place of arbitration shall be Miami, Florida. Florida State law shall govern the arbitration to the fullest extent permitted. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
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.
Section 15 - Questions and Contact Information
If you have any questions about these Terms, please contact us at hello@an-other.com.
