Terms of service
TERMS AND CONDITIONS
Welcome to the www.amouage.com website (the "Website") Terms and Conditions. For any purchases made in the United States, the terms “Amouage”, “we”, “us”, or “our” means Amouage Americas LLC. For any purchases made anywhere outside of the United States, the terms “Amouage”, “we”, “us”, or “our” means Amouage International FZ LLC, Dubai Design District, Building 1A, Office 302, Dubai, UAE. Amouage provides the products and services available on the Website. Your use of this Website is governed by these Terms and Conditions set out below, as well as our Privacy Policy and Refund Policy, all of which you agree, taken together form a binding agreement between you and us. The Terms and Conditions, Privacy Policy, and Refund Policy are sometimes referred to as the “Agreement”. By using any part of this Website, completing your customer registration with us and/or placing an order on the Website you agree to be bound by the Agreement.
Eligibility
To be eligible to purchase goods on this Website you agree that you are lawfully entitled and able to enter into and form contracts on this Website under the laws of the country in which you are a citizen and are the holder of a valid debit/credit card. You warrant that the personal information which you are required to provide when you register as a customer is true, accurate and current in all respects. If your personal information changes then please notify us immediately by email at amouage.site@amouage.com. You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorized to use.
Privacy
Please review our Privacy Policy, which explains our use of information you provide via the Website, so that you may understand our privacy practices.
You place your order request for goods from the Website and you will be guided through the process of placing an order by a series of simple instructions on the Website.
Once you have placed your order, we will send to you an acknowledgement providing you with a payment reference and the value of your order which has been debited to your credit/debit card. You will then receive subsequent emails with your Invoice and Shipment number as well as a separate Tracking number that you can use to track your order.
Unless we have notified you that we do not accept your order or you have cancelled your order, our acceptance of your order and the completion of the contract between you and us will take place when we have dispatched the goods ordered by you. To cancel your order after it has been dispatched to you, you will need to follow the Returns Policy & Procedure. Here is the link for the United States Returns Policy and Procedures. Here is the link for non-United States Returns Policy & Procedure outside of the Americas.
If you do require any information regarding your order(s) please contact Customer Services by email amouage.site@amouage.com
We may not accept your order if an item you have ordered is out of stock, we are unable to obtain authorisation for your payment or if we identify a product or pricing error. We reserve the right to reject any offer to purchase by you at any time.
If we are unable to fulfill your order following our order acknowledgement, we will contact you by email or telephone advising you of this.
By using the Website, you agree to keep your password and account details confidential, and to take all reasonable measures to prevent unauthorised access to your account. You are responsible for all actions that occur in relation to your account. If you have reason to believe that your password has become known to somebody else, or is likely to be used in any way that is unauthorised by you, you should contact us immediately. If you forget your password please follow the instructions at https://www.amouage.com/customer/account/forgotpassword/. All the Personal Information that you provide will be held in accordance with the Privacy Policy.
We will take all reasonable care to ensure that all details, descriptions and prices of products appearing on the Website are correct. Although we aim to keep the Website as up to date as possible, the information including product descriptions may not always be up to date and accurate and to the extent permitted by applicable law, we do not warrant that product descriptions, colours or other content available on the Website are accurate, complete, reliable, current, or error-free. We cannot confirm the price of a product until your order is accepted in accordance with our order acceptance policy. (See 2. above.)
All prices indicated for products available via the Website are inclusive of VAT (where applicable) at the current rates and are exclusive of delivery charges. The total cost of your order is the price of the products ordered plus VAT and delivery charges as set out in the Delivery section of the Website. Payment can be made by any of the methods specified in the Payment section of this Website, including PayPal payments and all major credit cards, and payment will be debited and cleared from your account as set out in the Payment section of this Website.
Please note that in some countries additional duties may be payable to your local tax authorities on receipt of your delivery.
You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order. Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
You confirm that the credit or debit card that is being used is yours.
All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to, or subsequently refuses to, or does not, for any reason, authorise payment to us, we will not be liable for any delay or non-delivery.
We will retain the legal ownership of the goods until full payment has been made by you and such payment has been received by us. Legal ownership of the goods will immediately revert to us if we refund any such payment to you.
Risk in the goods will pass to you on delivery to you.
We will deliver the goods in accordance with the delivery option selected by you during the order process. Any delivery timescales quoted to you are indicative only. Orders may be delivered in one or more delivery. Amouage does not accept any liability whatsoever for delayed delivery caused by any third party. As soon as you have received the goods, you will assume all risk in the goods.
If you have a complaint about any of our products or the service you are receiving, please contact us by email amouage.site@amouage.com
10. Samples
Any products and services, and any samples thereof, we may provide to you are for personal use only. You may not sell or re-sell any of the products or services, and any samples thereof, you receive from us.
All content available on the Website, including, but not limited to, text, graphics, logos, button icons, images, audio clips, data compilations, and software, and the compilation thereof (the "Content") is the property of Amouage, our affiliates, our partners or our licensors, and is protected by UK and international copyright laws.
The trade marks, logos, and service marks displayed on the Website (collectively, the "Trade Marks") are the registered and unregistered marks of Amouage, our affiliates, our licensors or our partners, in the UK, United States and other countries, and are protected by UK and international trade mark laws. All other Trade Marks not owned by us, our affiliates, our partners or our licensors that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
Except as set forth in the limited licence in Section 12 below, or as required under applicable law, neither the Content, the Trade Marks, nor any other portion of the Website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in full or in part, for any purpose without our prior written consent.
We grant you a limited, revocable, and non-exclusive licence to access and make personal use of the Website. Please note that you may not frame or utilise framing techniques to enclose the Website or any portion thereof without our prior written consent.
The limited licence set forth in this Section 12 does not include the right to:
b) make any use of the Website or its Content other than personal use;
c) create any derivative work based upon either the Website or its Content;
d) collect account information for the benefit of another party;
e) use any meta tags or any other "hidden text" utilising our name or the Trade Marks without our express written consent; or
f) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of the Website for personal, non-commercial use only. A website that links to our Website may:
ii) not imply that we are endorsing such website or its services or products;
iii) not misrepresent its relationship with us;
v) not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions;
vi) not use any trade mark without express written permission; and
vii) not link to any page of the Website other than the home page. We may, in our sole discretion, for any reason or for no reason, request that you remove any link to the Website, and upon receipt of such request, you shall immediately remove such link.
Any unauthorised use by you of the Website terminates the limited licence set forth in this Section 15 without prejudice to any other remedy provided by applicable law.
If you believe that any content located on our Website or linked to a third party website by us violates your copyright, please notify amouage.site@amouage.com in accordance with our Digital Millennium Copyright Act Policy.
b) DMCA Take-Down Notices. If you are a copyright owner or an agent of a copyright owner and believe, in good faith, that any materials provided on our Website infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending a properly formatted take-down notice in writing to our designated copyright agent as follows: Amouage International FZ LLC, Dubai Design District, Building 1A, Office 302, Dubai, UAE.
c) Response To DMCA Take-Down Notices. If we take action in response to an infringement notice, it will make a good faith attempt to contact the party that made such content available by means of the most recent email address, if any, provided by that party to us. Any DMCA infringement notice may be forwarded to the party that made the content available or to third parties such as ChillingEffects.org.
d) Counter-Notices. If you believe that your content that has been removed from the Website is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content you submitted to the Website, you may send a properly formatted counter-notice to our copyright agent using the contact information set forth above.
e) Response to DMCA Counter-Notices. If a counter-notice is received by our copyright agent, we may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content will be reinstated on the Website in 10 to 14 business days after receipt of the counter-notice.
We are not responsible for the content of any off-Website pages or any other websites linked to or from the Website. Links appearing on the Website are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-Website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-Website pages or any other websites linked to or from the Website, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy statements and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-Website pages and other websites that you visit.
We welcome inquiries or feedback on the products you use or might like to purchase; however, it is our policy to decline unsolicited suggestions and ideas. Notwithstanding our policy with regard to unsolicited suggestions and ideas, any inquiries, feedback, suggestions, ideas or other information you provide us (collectively, "Submissions") will be treated as non-proprietary and non-confidential. Subject to the terms of our Privacy Policy, by transmitting or posting any Submission, you hereby grant us a non-exclusive, royalty-free, transferable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute, and display any Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works. You also acknowledge that your Submission may not be returned and we may use your Submission, and any ideas, concept or know-how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products.
If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam". You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all claims arising from your claims to any rights in any Submission.
“Content” refers to content featured or displayed on or through our Website, including but not limited to text, documents, information, data, articles, opinions, pictures, drawing, images, photographs, graphics, software, applications, video recordings, audio recordings, sounds, designs, features, and other materials that are made available on the Website either by Us or by You. Content includes, without limitation, “User-Generated Content”, and “Third-Party Content” submitted by others.
No Reliance on User-Generated Content or Third-Party Content. User-Generated Content or Third-Party Content posted on the Website, such as reviews, blog posts or forums, is provided for informational and research purposes only, with no assurance that the Content is true, correct, or accurate.
Any comments or materials sent to us or posted on the Website, including feedback data, such as questions, comments, suggestions, or the like (collectively “Feedback”), shall be deemed to be the intellectual property of Amouage. Amouage shall have no additional obligations with respect to such Feedback and shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works, and distribute the Feedback to others without limitation. Further, Amouage shall be free to use any descriptions, testimonials, recommendations, criticism, ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including but not limited to improving our products and services, and developing, creating, and marketing products and services incorporating such Feedback.
Licence Grant. Solely to reasonably allow us to use Content you upload to, type on, or post to our Website without violating any rights you have in it, you grant us the following rights: by posting any Content on our Website, you expressly grant us and our affiliated companies, successors, and assigns a worldwide, sublicensable, fully-paid and royalty-free, and non-exclusive licence to use, reproduce, display, modify, adapt, revise, distribute, and perform the Content in connection with our business purpose without restriction. This licence also grants us the right to use or sell User-Generated Content or otherwise distribute it outside of our Website and regardless of the use we make of such Content, you understand and agree you will not be entitled to any royalties, profits, or revenues of any kind.
Social Media Networks. Our website may be accessible through or contain connections to third party sites or networks that allow people to publicly post information, communicate with others, review products, review our products and submit Content in any form of media. Do not post any personal information that should not be made public, such as personal financial information.
You may be able to log into our Website using your already existing social media network login information. You may also have the option to link social networks such as Facebook, to your Amouage account. You grant Amouage permission to access any information or Content regarding your social media network account that you have made available to be shared.
The Website is presented "as is". We make no representations or warranties of any kind whatsoever, express or implied, in connection with these terms or the Website, including but not limited to warranties of satisfactory quality, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable.
You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable (whether in contract, tort or otherwise), under any circumstances, for any
b) access delays or access interruptions to the Website;
c) data non-delivery, mis-delivery, corruption, destruction or other modification;
d) loss or damages of any sort incurred as a result of dealings with or the presence of off-Website links on the Website;
e) computer viruses, system failure or malfunction which may occur in connection with your use of the Website, including during hyperlink to or from third party websites;
f) any inaccuracies, omissions or misleading, false or deceptive statement in the content; org) events beyond our reasonable control.
Further, to the fullest extent permitted by law we will not be liable for any direct, indirect, special, incidental, or consequential damages of any kind (including lost profits) related to the Website or the products you purchase, regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages. In no event shall our maximum aggregate liability exceed one hundred U.S. dollars ($100.00), plus the value of the products you purchased from us, should those products prove to be defective. Because some countries do not allow the exclusion or limitation of liability for consequential or incidental damages, in such countries, our liability is limited to the maximum extent permitted by applicable law.
You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable legal fees, resulting from any third party claim, action, or demand resulting from your use of the Website. You also agree to indemnify us for any loss, damages, or costs, including reasonable legal fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
To the fullest extent permitted by applicable law, any dispute relating in any way to your visit to the Website and any purchase by you of any products from Amouage shall be submitted to confidential arbitration in Dubai, UAE or New York, USA if you reside in a country in North America or South America, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in the English Courts or other applicable courts, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the International Chamber of Commerce. The arbitrator's award shall be binding and may be entered as a judgement in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. To the extent arbitration is not permitted by applicable law, any dispute relating in any way to your visit to the Website or your purchase of Amouage products shall be submitted to civil court located in Dubai, UAE or New York, USA if you reside in a country in North America or South America, and all applicable provisions of this Section 22 shall apply.
No Class Actions or Representative Proceedings. You and Amouage acknowledge and agree to waive the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding as to all disagreements, disputes, or controversies of any kind or nature. Further, unless you and Amouage both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding.
You acknowledge and agree that these Terms and Conditions, together with our Privacy Policy and Refund Policy, constitute the complete and exclusive agreement between us concerning your use of the Website and any purchase by you of any products from Amouage, and supersede and govern all prior proposals, agreements, or other communications.
If any provision of these Terms and Conditions is held to be illegal, invalid or unenforceable in whole or in part, then these Terms and Conditions shall continue to be valid as to the other provisions and the remainder of the affected provision. Any waiver of any of the provisions of these Terms and Conditions by Amouage shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other provisions of these Terms and Conditions.
No failure to exercise and no delay on the part of either party in exercising any right, remedy, power or privilege of that party under these Terms and Conditions and no course of dealing between the parties shall be construed or operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights and remedies provided by these Terms and Conditions are cumulative and are not exclusive of any rights or remedies provided by law. Time shall not be of the essence of these Terms and Conditions as regards any of the times, dates and/or periods mentioned herein.
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us.
We reserve the right to change these Terms and Conditions at any time and we encourage you to revisit these Terms and Conditions periodically to ensure that you are at all times fully aware of our Terms and Conditions. Any changes are effective immediately upon posting to the Website. Your continued use of the Website constitutes your agreement to all such Terms and Conditions.
We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Website.
We reserve the right to refuse to supply goods to any person for any reason whatsoever, to withdraw any goods from the Website at any time and/or remove or edit any materials or content on the Website. We will not be liable to you or any third party by reason of our withdrawing of any goods from this Website whether or not such goods have been sold; removing or editing content on the Website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
If you have any questions regarding these Terms and Conditions, please contact us by email at amouage.site@amouage.com.
Your use of this Website and any purchase by you of any products from Amouage shall be governed by the laws of the state of New York if you are a resident of the United States and the parties hereto submit to the exclusive jurisdiction of the courts in the State of New York, County of Westchester.
Your use of this Website and any purchase by you of any products from Amouage shall be governed by the laws of the UAE if you reside outside the United States and the parties hereto submit to the exclusive jurisdiction of the courts in the UAE, located in Dubai.