Our Notice of Policies explains the terms and conditions of doing business with Beau Monde Perfumes and the use of https://beaumondeperfumes.com and/or other electronic venue(s) provided by Beau Monde Perfumes.
Your use of https://beaumondeperfumes.com or any electronic venue provided by Beau Monde Perfumes, or transacting business with Beau Monde Perfumes in any manner, means that you are unconditionally accepting, and subject to, the policies and practices described in this Notice of Policies.
“Beau Monde Perfumes” means the provider of https://beaumondeperfumes.com and/or other electronic venue(s) and, as applicable, its officers, directors, employees, agents, owners, service and/or content providers, contractors, affiliated companies (including parent company(ies), subsidiaries, etc.), non-owned business venture affiliates (e.g., such as joint marketing venture partners, etc.), successors and assigns, and other lawful rights holders.
Beau Monde Perfumes reserves the right to make additions, changes, and terminations to policies and web site content at any time, without prior notice, subject to provisions of applicable law(s). If you have a concern about our policies, please contact Beau Monde Perfumes to explain your situation, and we will try to find a fair and mutually agreeable solution.
You agree to indemnify and hold Beau Monde Perfumes harmless from any claims, damages and expenses, including reasonable legal fees and costs, related to your violation(s) of this Notice of Policies.
The provisions contained in this Notice of Policies shall inure to the benefit of Beau Monde Perfumes. Any rights not expressly granted to you in the Notice of Policies are reserved and retained by Beau Monde Perfumes. The provisions contained in this Notice of Policies confer no rights, benefits or claims upon any third parties. The provisions contained in this Notice of Policies, along with quotations, acknowledgments, invoices, business forms, web sites and other electronic venues, and sales literature such as catalogs, brochures, etc., constitute, in its entirety, any agreement between Beau Monde Perfumes and its visitors and customers.
Use of Web Site and Other Electronic Venues Provided by Beau Monde Perfumes
You may use https://beaumondeperfumes.com and other electronic venues provided by Beau Monde Perfumes only as permitted by law. You may only use this web site and other provided electronic venues for legitimate business reasons. You may not misuse, abuse or exploit this web site and other provided electronic venues, which includes but is not limited to: imbedding hidden data, alteration of programming code, “hacking” and/or unlawful and/or unauthorized entry to server(s) or networks, reverse engineering of any portion of web site or provided electronic venues, use of data mining/data extraction programs/procedures, tampering with domain name registration and/or other ownership related rights and property, initiating purchase and/or payment schemes for the purpose of extracting cash or products that you are not entitled to, etc. You may not copy, quote, frame, reproduce, download any content, utilize or exploit any proprietary features (including, but not limited to name(s), page formatting, text or image content, etc.) that appear on https://beaumondeperfumes.com and other provided electronic venues without the prior express written consent of Beau Monde Perfumes. Although Beau Monde Perfumes and its service providers make efforts to provide safe and reliable electronic venues, you agree that visitation of and use of this web site and other provided electronic venues occurs on an “as is”, “as available” basis. You agree to assume all risk for visitation of, use of, and reliance upon, this web site and other provided electronic venues. In the event of occurrences including but not limited to service failure, unavailability of service, electronic damage, etc., you agree that Beau Monde Perfumes shall not be liable.
Beau Monde Perfumes provides product information in its web sites, business literature, etc. for illustration purposes only. Despite the reasonable efforts of Beau Monde Perfumes to publish accurate information, there may be occasional description or pricing errors published in our various venues and materials. You agree that Beau Monde Perfumes reserves the right to revise any publishing error, to cancel any order resulting from such errors, and that your access to product descriptions, or to materials containing product descriptions, does not constitute the right to purchase products.
Beau Monde Perfumes does offer some products that may be suitable for children under the age of 18. However, purchase transactions with Beau Monde Perfumes, or providing personal information to Beau Monde Perfumes, may only occur with people who are at least 18 years of age.
Acceptable methods of payment are posted at https://beaumondeperfumes.com, or, may be requested by phone at (805)688-3666.
In the course of communicating with us or transacting business with us, you may provide us with personal information, such as your contact information, your payment information, your product preferences, etc. We, in turn, may use your personal information to respond to your inquiries, to fulfill purchase requests, to improve store operations, to comply with business taxation requirements, and for other important reporting purposes.
In general, we share your personal information on a limited basis only with third parties who are responsible for some form of service concerning your transactions with us. Such third parties will receive only the particular information that is necessary or advisable to perform their function(s). For example, we may share your physical address information with third parties who ship or deliver your order, but such third parties would have no need to obtain your payment information. Or, we may share your credit card information with financial third
parties that process credit card transactions, but such third parties would have no need to obtain your product selections. In rare instances (for example, at the recommendation of
legal counsel), we may be advised or required to provide some of your personal information to legal and/or law enforcement third parties in connection with a court order or other similar written legal or law-enforcement request. Otherwise, we generally do not share your personal information with third parties.
We store your personal information off-line in a secure manner. We transmit your payment information to financial third parties that process credit card transactions in a secure manner. In addition, after your payment has been settled and credited to us, the payment information you provided to us is destroyed from our records for your safety, generally within 5 business days after payment settlement. However, financial third parties that process credit card transactions may continue to store, according to their practices and requirements, any information used for processing your payment, which typically includes card information and one or more brief identifying pieces of information.
If you transact business with us through our web site, we do not receive any details about your payment information other than the invoice total amount; instead, we are provided with contact information and the invoice details needed to fulfill your purchase request. However, financial third parties that process your purchase request may continue to store, according to their practices and requirements, any of the information that you provided, including your payment information, your product choices, your name, physical address(es), email address(es), phone number(s), etc.
Despite the reasonable efforts of Beau Monde Perfumes and its service providers to keep your personal information safe and secure, there may be unforeseen risks concerning the theft and/or misuse of your personal information, even though such risks may be unlikely. If we suspect, or confirm, that the security of your personal information in our possession has been compromised, we will notify you promptly through any contact points that you have provided to us, such as by phone, by email, by physical mailing address, etc. Similarly, if a third-party (e.g., a merchant service provider, a financial institution, a law enforcement officer, etc.) informs us of a security breach concerning your personal data that we provided, we will notify you promptly. If Beau Monde Perfumes is found to incur liability, you agree that the combined total of any and all damages shall not exceed the invoice total for the transaction that gave rise to liability. However, in the event of any force majeure occurrence(s) (including, but not limited to: threatened or actual acts of war, threatened or actual acts of terrorism, severe weather conditions, severe events such as fires/earthquakes/explosions, or any other circumstance or cause beyond the reasonable control of Beau Monde Perfumes in conducting its business) that results in the vulnerability, theft or misuse of your personal data, you agree that Beau Monde Perfumes shall not be liable.
Your California Privacy Rights
In connection with California Civil Code § 1798.83, and subject to limitations of the law, you have certain privacy rights if you are a California resident. Once per calendar year you may ask us to provide you with a list of all personal information disclosed about you to third parties during the preceding calendar year, the nature of that information, and the identity of third parties that received the personal information. If you would like to request this information from us, please contact us at (805) 688-3666.
3) Order Acceptance, Modification, Cancellation, Returns, Refunds
Order Acceptance and Modification
Beau Monde Perfumes’ acceptance of your order is subject to your consent to all terms and conditions described in this Notice of Policies. Your authorization to process a payment transaction communicates your consent to these terms and conditions.
Your additions to, or modifications of, these terms and conditions shall not be binding upon Beau Monde Perfumes, unless agreed to in writing by an authorized representative of Beau Monde Perfumes. If you submit an order or other communication that contains terms and/or conditions contrary to the Notice of Policies, fulfillment of your order shall not be understood to be consent to your proposed terms and/or conditions, and shall not be understood to be a waiver by Beau Monde Perfumes of any rights, terms or conditions described in the Notice of Policies.
In response to special orders requested by customers, Beau Monde Perfumes may, at times, originate special orders of products that are not advertised or generally available to all customers. Such products will reflect terms and prices according to current market conditions and availability, and such terms and prices are subject to change at any time. When Beau Monde Perfumes determines that your special order can be fulfilled, you will receive the necessary information (such as overall cost, quantity available, size, expected shipping time, etc.) in order to make a decision about proceeding with the order. If you decide to proceed with the special order, Beau Monde Perfumes will accept your special order upon receipt of your name, shipping address, order details, and advance payment in full.
Beau Monde Perfumes offers a policy of product cancellations and/or returns in certain circumstances. In most cases, you may cancel your order for any reason prior to shipment of your order from Beau Monde Perfumes. Simply contact us by phone or email, and we will make our best effort to stop the shipment. If we are able to stop the shipment, you will incur no charges or costs, and any charges that may have been processed on your credit card will be reversed in full. Since we endeavor to ship orders promptly, we recommend that you contact us as soon as possible if you decide to cancel an order. Although we cannot guarantee that your shipment can be stopped, we will make our best effort to do so once we receive your notification.
If you have placed a special order with us, you may cancel your order for any reason prior to our purchase of the specially ordered product on your behalf. Simply contact us by phone or email, and we will cease the procurement process for the special product request.
Beau Monde Perfumes must receive your returned item, along with proof of purchase, before a refund can be issued. Refunds are typically issued within 10 business days of receipt of un-used, undamaged merchandise.
Beau Monde Perfumes recommends shipment of any returned item(s) using: (a) adequately cushioned packaging to minimize/prevent damage during shipping; (b) shipment service with package tracking capability; and (c) adequate shipping insurance. Beau Monde Perfumes may, at its discretion, decline a refund request if the returned item is lost prior to receipt by Beau Monde Perfumes. Beau Monde Perfumes may, at its discretion, decline or reduce a refund request in connection with returned items that are damaged in shipment.
If your original purchase included a special offer or discount, a product return may disqualify your original order from the special offer or discount. For example, you decide to purchase $120 worth of products. Your original order provided an offer of free shipping for orders exceeding $100 before applying sales tax, and you later decide to return an undamaged product that will change your total order amount to $75 before applying sales tax. You would receive a refund for the returned product, but be billed for the shipping charge that would apply to an order of $75 since the revised order total would no longer qualify for free shipping.
Refunds, No Charges Applied, Exchanges
1) If we have processed a purchase transaction on your credit card, order cancellations prior to shipment from Beau Monde Perfumes will be fully refundable.
2) If you have placed a special order with us, no charges will apply to you (or, any charges to your credit card will be fully refundable) if you cancel the order prior to our purchase of specially ordered item(s) on your behalf.
3) Non-fragrance items such as atomizers, bottles, mirrors, picture frames, etc. may be returned for a refund for any reason (which includes the cost of the product and sales tax, but excludes any outbound or inbound shipping charges) within 30 days of the date of purchase, provided that the items are in un-used, undamaged condition, returned with proof of purchase, and are returned with all original packaging and/or accessories as applicable.
4) Non-fragrance products that are defective may be returned within 30 days of the date of purchase along with proof of purchase. You may choose a refund (which includes the cost of the product and sales tax, but excludes any outbound or inbound shipping charges), or, an exchange for another of the same or similar product(s), or, a repair to the defective product if a repair is possible, or, in-store credit for purchase of another product. If you choose a repair, or an exchange, or in-store credit toward another product, outbound shipping from Beau Monde Perfumes will be provided free of charge to one destination; however, any additional sales tax that applies to replacement products will be charged to you.
5) Any product(s) that we send to you in error may be returned for a refund within 60 days from the date of purchase provided that they are returned in un-used, undamaged condition along with proof of purchase. If all products were shipped to you in error, then you will also receive a full refund for all outbound and return shipping/insurance costs. If some products were shipped to you in error along with other correctly shipped products, then you will receive partial credit for the original outbound and return insurance/shipping costs of the item(s) sent in error.
1) For the health and hygiene of our customers, consumable products (fragrances, fragrance oils/extracts, cosmetics, toiletry items like make-up brushes and shaving accessories, etc.) are non-refundable.
2) Items marked “clearance” , “close-out”, or “samples” are non-refundable.
3) Shipping, handling, and shipping insurance costs are non-refundable. However, there is an exception for return of items shipped to you in error (please see explanation above).
4) If we have purchased a specially ordered item that you requested, such orders are non-refundable.
4) Administrative Policies
Applicable Law and Disputes
You agree that the laws of the Federal Arbitration Act, applicable federal law, and the laws of the state of California, without regard to principles of conflict of laws, will govern the Notice of Policies and any type of claim or dispute between you and Beau Monde Perfumes, except as otherwise stated in the Notice of Policies.
Beau Monde Perfumes retains all rights to take action(s) (including legal action(s)) and to decline to take action(s) (including legal action(s)), at its discretion. Beau Monde Perfumes may choose to pursue, or decline to pursue, action(s) without regard for whether similar past circumstances have resulted in action(s) or lack of action(s) with respect to you or to others, and without regard for whether future circumstances may result in action(s) or lack of action(s) with respect to you or to others.
In the event of a dispute between you and Beau Monde Perfumes, you agree to contact Beau Monde Perfumes in writing (note: your written communications by paper, fax, or email are all acceptable for this purpose) prior to any legal action in order to facilitate a resolution of the problem within a reasonable period of time, generally not to exceed 60 calendar days. You agree to confirm with Beau Monde Perfumes, by any reasonable means (including verbal means by telephone or voice mail; or written means such as fax message, email, letters on paper delivered with “proof of delivery” type mail service, etc.) that your complaint has been received by Beau Monde Perfumes for review. Similarly, if Beau Monde Perfumes claims to have dispute with you, you will receive a written notice (on paper, delivered by the U.S. Postal Service, or other appropriate delivery service selected by Beau Monde Perfumes) about the dispute in order to facilitate resolution of the problem within a reasonable period of time, generally not to exceed 60 calendar days. Beau Monde Perfumes, at its discretion, may send the dispute notice with “proof of delivery”- type service in lieu of pursuing attempts to confirm that you have received the notice.
If attempts to resolve the dispute are not successful, should you or should Beau Monde Perfumes still decide to pursue further legal action, you agree that any and all disputes or claims that have arisen or may arise in the future between you and Beau Monde Perfumes shall be resolved exclusively through final and binding arbitration, rather than in court. Any legal action that you pursue against Beau Monde Perfumes, or that Beau Monde Perfumes pursues against you, must commence on or before the one year anniversary date of the earliest cause for complaint in connection with that particular legal action.
In the event of a dispute that involves your criminal behavior in connection with Beau Monde Perfumes (some examples: your deliberate use of a stolen credit card to purchase products; your deliberate issuance of a check payable to Beau Monde Perfumes that lacks sufficient funds to clear the payment, etc.), Beau Monde Perfumes reserves the right to pursue additional legal action(s) outside of binding arbitration to recover the amounts owed to Beau Monde Perfumes, as well as recovery of fees/costs in connection with the collection and/or enforcement of such legal action(s).
You agree that you may bring claims against Beau Monde Perfumes only on an individual basis, and not on any group or class basis; likewise Beau Monde Perfumes agrees to bring claims against you only on an individual basis, and not on any group or class basis. Unless both you and Beau Monde Perfumes agree otherwise, the arbitrator may not consolidate or join claims from more than one individual, may not preside over any group or class proceeding against Beau Monde Perfumes or against you, and may only award relief to the individual seeking relief. The arbitrator may award relief only to the extent needed to provide the relief sought by the individual’s claim.
You agree that Beau Monde Perfumes retains the right to select the arbitration service provider and venue. Arbitration may be conducted by the American Arbitration Association, or similar organization, using its rules, procedures, and other documented practices to conduct arbitration proceedings. Arbitration proceedings may be held in any mutually convenient location and may be conducted by in-person physical or telephonic attendance as well as by one or more alternative communication methods, such as arbitration conducted partially or solely by written submission(s), arbitration conducted partially or solely by telephone conversation(s), arbitration conducted partially or solely by audio and/or video recording(s), or other accessible types of communication acceptable to the arbitrator. Arbitration proceedings will be conducted in the English language. Any documents generated by, used by, or referenced by the arbitrator or related to the arbitration proceedings shall be produced in the English language.
The arbitrator will decide the substance of all claims using the laws of the State of California, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving Beau Monde Perfumes adverse to different claimants, but is bound by rulings in prior arbitrations involving Beau Monde Perfumes with you as individual claimant, to the extent required by applicable law. Payment of all filing, administration, and arbitrator fees will be governed by the arbitrator’s rules. In the event that the arbitrator decides in favor of Beau Monde Perfumes, you agree to reimburse Beau Monde Perfumes for all arbitration fees paid by Beau Monde Perfumes. The arbitrator’s decision(s) shall be final and binding, and any awards by the arbitrator may be entered in any court having jurisdiction to enforce such awards.
In the event that a claim is filed through binding arbitration, the Federal Arbitration Act governs the interpretation and enforcement of this Notice of Policies. If any provision in the Notice of Policies is deemed invalid, void, illegal, or for any reason unenforceable, such provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions. If Beau Monde Perfumes makes changes concerning the use of arbitration in the future, such changes will not apply to claims filed with an arbitrator prior to the change. If Beau Monde Perfumes decides to terminate the use of arbitration, Beau Monde Perfumes will post an announcement about the change at www.Beaumondeperfumes.com in the Notice of Policies at least 30 days before the change takes effect.
Beau Monde Perfumes reserves the right of association. You agree that your purchase requests are subject to verification and acceptance by Beau Monde Perfumes and are subject to jurisdiction under United States law. You agree that any advice, recommendation, information or customized product or service provided to you is for your sole use and may not be relied upon by any third party. You agree that Beau Monde Perfumes may, in its sole discretion, refuse service, restrict/refuse communication(s), cancel orders, or pursue any course of action deemed advisable or necessary to operate its business in a lawful, professional, safe, and non-discriminatory manner.
Beau Monde Perfumes may contact you occasionally, generally for sales and/or marketing purposes. These communications generally are made through one or more of the following methods: (a) posting notice(s) at our web site; (b) sending you an email message; (c) sending you a direct mail message (i.e., postcard, brochure, or similar); (d) sending you a fax message; (e) contacting you by phone. You may, at any time and without any required explanation, request to be omitted from sales/marketing contacts initiated by Beau Monde Perfumes. You may choose to be omitted from any or all of the contact methods (b), (c), (d), and (e) described above. Or, if you prefer just to limit communication to specific methods of contact (such as: only by phone, only by email, etc.), you can communicate this to Beau Monde Perfumes at any time.
After we receive your request, we will respond in writing (generally by email or fax, alternatively by direct mail) as confirmation that your request will be implemented. As noted elsewhere in the Notice of Policies, we retain the right to contact you for important or necessary business purposes (such as, but not limited to: lost/delayed shipments to you, credit card transaction problems, legal/law enforcement purposes, etc.), or, when you have initiated a transaction or communication with Beau Monde Perfumes.
When you contact, or make transactions with, Beau Monde Perfumes, you consent to receive communications in an electronic format. For example, we may communicate with you by e-mail, by posting announcements at our web site, or through other electronic methods. You agree that all communications (i.e., announcements, disclosures, etc.) that we provide to you by electronic means will satisfy any legal requirement that such communications be provided in writing to you. However, if you do not have convenient access to electronic forms of communication, we can provide important written communications in a physical format that is mailed or delivered to you.
Product Substitutions, Suitability and Use of Products, Product Warranty
In general, Beau Monde Perfumes will not make product substitutions of dissimilar items unless you ask us to make a selection from a broader range of choices, or, to make a selection using our best judgment. However, you acknowledge that Beau Monde Perfumes may in limited circumstances, at its discretion, substitute a product that is substantially similar to, but not identical to, the published image and/or description of a product shown for sale by Beau Monde Perfumes. The substitution may be based upon country of origin or manufacture, product appearance, or other characteristics. For instance, if Beau Monde Perfumes publishes an image and/or description of original “ABC” perfume that was made in Canada, you agree that Beau Monde Perfumes may substitute the fragrance of Canadian origin with the same sized bottle of original “ABC” perfume that was made in another country. Or, if Beau Monde Perfumes publishes an image and/or description of a generic, non-branded perfume bottle, you agree that Beau Monde Perfumes may substitute the bottle with one of similar size and/or appearance. On the other hand, if you would prefer no substitutions, you can communicate this requirement when you contact us to make a purchase.
Laws, codes and regulations may vary by jurisdiction concerning the use of products for a particular purpose. It is your responsibility to review the intended use of any product(s) purchased from Beau Monde Perfumes, to determine the suitability of the product(s), to determine the suitability of the product(s) for the intended end-user(s) of the product(s), and to comply with applicable laws, codes or regulations concerning the ownership or use of the product(s). Since there may be risks involved in using products purchased from Beau Monde Perfumes (for example: allergic reaction to a fragrance ingredient, injury from broken glass, etc.), you agree to purchase products on an “as is” basis, and to assume all risk for such product(s). For any product purchased from Beau Monde Perfumes, and to the extent permissible under applicable law, you agree to indemnify Beau Monde Perfumes for any liability and Beau Monde Perfumes disclaims any liability, for claims that arise from: (a) selection of any unsuitable product(s); (b) access to product(s) by unsuitable end-user(s), regardless of whether such access was intended or not intended; (c) modification or alteration of any product(s); (d) misuse or misapplication of any product(s); (e) disassembly/reassembly of any product(s); (f) use of any product(s) damaged in shipment; (g) damage or injury that occurs through usual and ordinary use of the product(s); (h) damage or injury that occurs through accidental, unintentional or negligent use of the product(s); or, (i) damage or injury that occurs in circumstances involving accidental, unintentional, negligent or unforeseen contact with the product(s) (for example, a house fire that causes a perfume bottle to explode and cause injury to a third party). If Beau Monde Perfumes is found to incur liability, you agree that the combined total of any and all damages shall be limited to the purchase price paid for the product(s) that gave rise to liability. Except as applicable and as described in this Notice of Policies, Beau Monde Perfumes disclaims any express or implied warranties, any express or implied affirmations of fact or description, and any express or implied fitness for a particular purpose.
Beau Monde Perfumes and/or its content providers reserve all rights to all proprietary content (including but not limited to: domain names and related property and rights, textual content, graphic content, formatting of content, style elements, audio content, etc.) provided through either electronic or non-electronic methods. All such content, and any index(es) or list(s) of such content, is the property of Beau Monde Perfumes and/or its content providers and protected by United States and international copyright laws, and may not be used without the prior written authorization of Beau Monde Perfumes and/or its content providers. In addition, graphics, style elements, phrases or names used to identify Beau Monde Perfumes (and/or its products and services) in commerce or for other purposes (whether in the U.S. or in other countries) are trademarks, or, trade dress of Beau Monde Perfumes and are protected by United States and international trademark laws. The trademarks or trade dress of Beau Monde Perfumes may not be used without the prior written authorization of Beau Monde Perfumes, and may not be used, at any time, in a way that reflects unfavorably upon Beau Monde Perfumes. Other trademarks that appear in connection with Beau Monde Perfumes are the property of their respective owners, and may not necessarily be sponsored by, endorsed by, or affiliated with Beau Monde Perfumes.