Terms of Service

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Welcome to the Dossier.co website (the "Website").

1. GENERAL

1.1 The Website of 13 Scents Inc., DBA Dossier ("Dossier") is an e-commerce platform created, developed and managed by Dossier. Dossier provides the content and services available on the Website to you subject to the following terms and conditions and our Privacy Policy and other terms and conditions and policies which you may find throughout our Website in connection with certain functionalities, features or promotions as well as customer service, all of which are deemed a part of and included within these terms and conditions (the "Terms and Conditions"). By accessing or using the Website, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions.

1.2 THE SECTIONS BELOW TITLED “APPLICABLE LAW, JURISDICTION, CLASS ACTION WAIVER, JURY TRIAL WAIVER” CONTAINS A BINDING JURY TRIAL WAIVER CLAUSE AND A CLASS ACTION WAIVER THAT MAY APPLY TO YOU. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.

1.3 To make a purchase on the Website, you must be 18 years old or the age of consent in your jurisdiction of residence. If you are below the age of consent under applicable law in the country in which you reside, then your parent or legal guardian must read and accept these Terms and Conditions in your name and on your behalf. If you are the parent or legal guardian of a minor using the Website, you acknowledge, and further agree that you agree to these Terms and Conditions on behalf of the aforementioned minor and yourself. This Website is not directed to children under 13 years old. If you are under 13 years old, you may browse our Website. However, you may not provide personal information to us nor register on the Website.
By accessing or using the Website, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, YOU MAY NOT USE OUR WEBSITE.

1.4 These Terms and Conditions create a contract between the customer ("Customer" and/or "you") and Dossier. The Customer is an end consumer, a person (and not a company) who purchases Dossier’s products and services (the "Products and Services") for any purpose other than professional use, resale or distribution. We reserve the right, with or without notice, to cancel or reduce the quantity of any order of Products and Services that we believe, in our sole discretion, may result in a violation of our Terms and Conditions. Any purchase made for the purpose of professional use, resale or distribution is strictly prohibited. Anyone who does not fall within the definition of a Customer should contact Dossier at help@dossier.co to obtain further information about the purchase of Products and Services by professionals or companies.

1.5 We recommend that you read these Terms and Conditions carefully before placing an order on the Website or making a purchase of Dossier’s Products and Services in any of our Dossier stores. By placing an order on our Website or making a purchase in one of our Dossier stores, you agree to be contractually bound to Dossier and to be subject to the provisions of these Terms and Conditions and, where applicable, to those specific terms and conditions that apply to certain Dossier Products and Services. In addition, you accept Dossier's Privacy Policy, which applies generally to any use of the Website. Dossier reserves the right to modify these Terms and Conditions at any time and at its sole discretion. The modified provisions of the Terms and Conditions will take effect on the date of the "Last update" indicated at the bottom of this page and will apply to any new offer or order placed, regardless of the prior relationship between Dossier and the Customer. Unless proven otherwise, any data recorded on the Website constitutes proof of all transactions between Dossier and the Customer.

2. ORDERS AND PAYMENT

2.1 Orders are placed by Customers on our Website.

2.2 Dossier only accepts orders for delivery in countries where Dossier sells on its Website. The list of eligible countries may be subject to change by Dossier. Orders for countries not included in this list cannot currently be fulfilled by Dossier.

2.3 The prices are shown in the currency of your country of delivery and are quoted including or excluding taxes depending on your address of delivery. Orders are payable in the currency of your residency and no exception will be made.

2.4 The Customer must verify that the details of its order and the prices mentioned are correct at the time of validating the shopping cart. Once the order has been placed, it cannot be modified, and the Customer will be responsible for its order. An order placed will be followed by electronic confirmation of the order by Dossier to the email address provided through the order (the "Order Confirmation"). The Order Confirmation confirms receipt of the order by Dossier but not its acceptance. Dossier reserves the right to accept or refuse an order, after it has been placed, at any time and for any reason, including the reasons mentioned below.

2.5 Dossier reserves the right to change the price of the Products and Services at any time and to correct any pricing errors. When the prices displayed on the Website for Products and Services are incorrect, Dossier reserves the right to refuse or cancel orders for those Products and Services, even if the Customer has received an Order Confirmation and/or if payment has been made for the order. If the Customer has paid for an order at an incorrect price and the order is canceled, Dossier will refund the amount paid to the Customer.

2.6 If the Customer provides incorrect information during the order, delays in processing are to be expected. Dossier will not be responsible for any delay caused by the Customer. Dossier also reserves the right to cancel or refuse any invalid or incomplete order (e.g., invalid or missing email and/or billing or postal address, lack of essential information), in case of the Customer's insolvency or if there have already been payment issues or conflicts with the Customer. In this case, a notification email of order cancellation or refusal will be sent to the Customer.

2.7. The Customer acknowledges that the Products and Services that are offered for sale on the Website are subject to availability.

2.8. In the event of unavailability of Products and Services, Dossier undertakes to make its best efforts to inform the Customer before the Order Confirmation is sent. In case of cancellation because of temporary or permanent unavailability, we undertake to give you a full refund as quickly as possible.

2.9. To prevent fraud, Dossier reserves the right to (i) request additional information from a Customer and/or (ii) reduce an abnormally high quantity of ordered Products and Services. Orders exceeding normal limits are subject to cancellation. If you have any questions, please reach out to us by email at help@dossier.co

2.10 Various secure payment methods are available for the purchase of Products and Services available on the Website, depending on the geographic area where the Products and Services is ordered from, such as payment by debit or credit card such as Visa, Mastercard or American Express, Google Pay and ShopPay. The list of the different payment methods may be modified at any time by Dossier. The Customer will only be charged once the order is received by Dossier, and the Customer has received the Order Confirmation by email. Dossier will not fulfill any Products and Services orders until it has confirmed and received full payment.

2.11 Online payment uses SSL protocol, which offers maximum security. The information transmitted is entirely coded, is not seen or stored and is not shared with anyone.

2.12 All Products and Services should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for Products to avoid potential allergic reactions.

3. SHIPPING AND DELIVERY

3.1 Shipping costs are not included in the price.

3.2 Display price and final check out price may vary according to where you decide to ship your order. Your choice of shipping destination will impact shipping origin to accommodate for shipping regulations of alcohol -based goods such as perfumes and to minimize shipping costs.

3.3 Delivery times will vary according to the destination and type of delivery. Dossier cannot be held responsible for any delays in delivery.

3.4 For US based customers, all our packages to U.S. based Customers are shipped via USPS Ground. For this reason, the delivery may take up to a week. Dossier DOES NOT ship to PO boxes or APO/FPO addresses in the US. Orders placed on a Friday will be processed on a Monday, unless it is a bank holiday.

3.5 The delivery dates indicated in the Order Confirmation are indicative and may vary if an event independent of Dossier occurs, such as a delay caused by the carrier responsible for delivery or due to the Customer's location. If the estimated delivery dates cannot be met, Dossier will contact the Customer to propose alternative delivery dates. Moreover, if the delivery does not take place within thirty (30) days of the date of the Order Confirmation, the Customer is entitled to cancel its order and will be refunded the amount of the canceled order as well as any fees related to a chosen non-standard delivery method. Please be advised that Dossier cannot be held responsible for lost packages or delays for all non-tracked deliveries although we will do our best to sort them out with the carrier.

Once an order has been placed, the shipping option cannot be modified.

Your order will be shipped to the delivery address you have provided.

Please make sure to provide all the details needed including apartment/suite/building number, and the company name if needed.

3.6 Delivery will be deemed to have been made when the Products and Services are delivered by the carrier, under its sole responsibility, to the address indicated by the Customer. In case of a problem with the delivery, Dossier will contact the carrier to conduct an investigation that can take up to thirty (30) days. After this time, Dossier will make a decision based on the results of the investigation and at its sole discretion.

3.7 If no one is available at the Customer's address to receive the delivery, the carrier will either leave a delivery notice containing instructions for the Customer to pick up the order at a nearby collection point or the carrier will leave the order in the Customer’s mailbox, or with a doorman or outside the Customer’s residence, whichever is applicable. Please also note that tracked deliveries that are returned because they cannot be delivered because of a Customer’s absence will be shipped again at the Customer’s expense or cancelled. For specific delivery lead times, please contact us with your request before placing your order. You may reach us by e-mail at help@dossier.co.

If the Customer cannot pick up the order at the collection point or does not accept rescheduling of the delivery, Dossier reserves the right to cancel the order, refund the Customer, and put the Products and Services back on sale.

3.8 Without prejudice to the legal warranty of the Products and Services resulting from local applicable law, the Customer must verify the conformity of the ordered and delivered Products and Services upon receipt of the order. If the Products and Services and/or their packaging is damaged at the time of delivery or if the Products and Services are non-compliant with the Order Confirmation, it is solely the responsibility of the Customer to refuse delivery and to inform Dossier immediately. Any Products and Services that are damaged during transport or are non-compliant with the Order Confirmation, and whose delivery has been refused by the Customer, will be replaced or refunded by Dossier without additional charge, according to the conditions set out in these Terms and Conditions. If the items sent do not conform to your order, or should they be defective, they will be replaced and, in this case, the return costs are payable by Dossier.

The Customer must verify the conformity of the Products and Services within a maximum of five (5) days from the date of receipt and submit any claim to Dossier by e-mail at help@dossier.co.

4. TITLE AND TRANSFER OF RISKS

4.1. Unless otherwise agreed in writing, ownership and title of the Products and Services sold are transferred to the Customer after Dossier has received full payment, including any delivery charges and taxes. In the event of non-payment of the order by the Customer, Dossier reserves the right to take back the Products and Services, at the expense of the Customer, or to suspend the delivery.

4.2. The transfer of risks relating to the Products and Services to the Customer occurs upon Dossier handing-over of the Products and Services to the carrier.

5. RETURNS AND EXCHANGES

5.1 The Customer has a right to return a delivered order within a period of thirty (30) calendar days from the day of receipt of the Products and Services purchased on the Website. Please note that a picture of the Products or Services that you wish to return is required for a return to be authorized (this step is included in the return request procedure).

5.2 A return is complete when Dossier receives the Products and Services with the original box. If Dossier receives anything other than the Products and Services or if the returned order is empty, the return is considered incomplete, and Dossier will not refund the Customer. It is understood that the Customer is at all times responsible for the return of the Products and Services, and that Dossier and/or its service providers are never responsible for a return that does not include the Products and Services.

5.3 The Products and Services must in all cases be returned to the Dossier return center within thirty (30) days following the date of delivery to the Customer.

5.4 Returns will incur a $3.99 processing fee per bottle. You can return any item within thirty (30) days of delivery and will be refunded the full price minus the processing fee. We don’t refund shipping costs.

5.5 Subject to compliance with the conditions set out in this section, Dossier will refund the purchase price of the Products and Services to the Customer. The refund will be made by Dossier as soon as possible and at the latest within fourteen (14) days of receipt of the Products and Services by Dossier or the proof of shipping of the Products and Services by the Customer to Dossier, with the date of the first of these events being the one retained. The refund will be made using the same payment method used by the Customer when placing the order, as indicated in the Order Confirmation, unless Dossier and the Customer agree otherwise.

5.6 Gift cards that have been purchased, whether in physical or digital format, are non-refundable and cannot be exchanged or redeemed for cash or credit, except where required by applicable law. Once issued, the value of the gift card cannot be transferred back to the original payment method or any other account. Dossier will not be responsible for lost or stolen gift cards. Purchased gift cards are valid for five years from the date of activation.

5.7 Candles are not eligible for return/exchange if they have been lit/used.  A photo of the candle will be required for a candle return.

5.8 Rather than discarding barely used perfumes, we donate our returned perfumes to Give Back Box. This non-profit organization collects items like our perfumes, as well as other discarded items from retailers and unwanted household goods from consumers. Together, these donations create an inventory of helpful items that various charities can benefit from to help carry out their mission (i.e. clothing for homeless shelters, uplifting perfumes for women’s shelters, household goods for families in need, etc.) Give Back Box has collaborated with more than 60 charities in the USA, Canada, and the UK. We are proud to be one of their donors.

6. FRAUD PREVENTION

6.1 All orders marked as a fraud risk will be verified by Dossier calling and emailing the Customer. Please ensure that you have provided Dossier with the right email address and phone number to avoid any delays in order processing.

6.2 If Dossier, in good faith and at its sole discretion, deems that the Customer may be involved in fraudulent activities related to the purchase or order of Products and Services, then Dossier reserves the right to ask the Customer to bear all the return costs of the Products and Services. The return must be made according to the instructions of Customer Service and through an approved carrier. If the Products and Services are lost or damaged during transport, the Customer must resolve the issue directly with the chosen carrier. In addition, the Customer is responsible for the Products and Services until it is properly received at the Dossier return center.

7. SPECIAL PROGRAMS AND DOSSIER + MEMBERSHIP

7.1  Dossier provides certain special programs in the U.S. only, as described under this article.

 

7.1.1        Dossier reserves the right to add, remove or modify special program benefits at any time, but we will use reasonable efforts to notify you of any material changes. You may always unsubscribe from a special program at any time. Upon your request, store credits accumulated in connection with a Special Program, including the Dossier + Membership program, which are posted to your account, are refundable for a period of 120 days after their posting. Any increases in fees that we introduce will apply to subsequent subscription renewal periods. YOUR CONTINUED PROGRAM SUBSCRIPTION AFTER WE CHANGE THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. 

 

7.1.2        Failure to Comply with Dossier+ Membership Terms. We reserve the right to pursue any amount you fail to pay in connection with any special program in accordance with these Dossier+ Membership Terms.

 

7.1.3        We may terminate any of the special programs, or your membership in any of these programs, at any time. If we do so, we will notify you concerning the membership and any benefits accrued in your account in connection with your membership.


7.1.4        There are currently two ways to purchase Dossier’s Products and Services; either through the Website, the Mobile Website or the Mobile Application: you may choose the Pay As Guest option or choose to join our flexible Dossier+ Membership Program. You may either choose the Pay As Guest or Dossier + program during checkout for you Dossier order. You will always have the option to edit your selection for future purchases.

 

7.1.5        Pay as guest. The Pay As Guest option is our one-time purchase option. Shoppers pay the listed price, subject to promotions or savings.

 

7.1.6         Dossier + Membership. By selecting the Dossier + Membership during checkout, you will be enrolled in a flexible, active membership with many benefits. Members enjoy special discounts on every purchase in addition to exclusive deals. Benefits of joining the Dossier+ Membership are detailed during checkout and can be found in our FAQ section as well as on our Dossier + page. The following additional terms and conditions apply if you subscribe to our Dossier + Membership program:

7.1.7        As a Dossier+ member, you will be charged a monthly membership fee of $39.90 excluding taxes, this amount will turn into store credits for you to use unless you have paused or skipped the month. You will incur an initial non-refundable charge of $3.95 excluding taxes as a trial fee for the first month of your subscription at the time of your first purchase of Dossier+. To pause or skip the month, please log into your account or refer to the FAQ page. Store credits will immediately be deposited in your account as store credit issued by 13scents Inc. to be used on purchasing the Products and Services at any time and any purchase type. Store credits do not expire as long as you do not cancel your membership. Upon cancellation of your membership, you will be prompted to confirm the forfeiture of any remaining store credits. We recommend using your store credits prior to initiating cancellation. Once forfeited, any remaining store credits will not be reinstated. 

7.1.8        Store Credits are redeemable for Products and Services only. Subject to Dossier’s refund policy, store credits have no cash value and cannot be redeemed for cash, unless otherwise required by law. Please note that the Dossier + Membership will be billed automatically every month unless you have actively cancelled, paused or skipped your monthly payments. Please note that Dossier+ members who do not actively monitor their account may accumulate store credits. 

7.1.9        Dossier + Members who opt to “skip” are still free to shop any item throughout the month. 

7.1.10    Canceling: We will do everything to make your Dossier + membership as satisfying as possible; however, you are free to cancel your membership at any time. To cancel your Dossier+ Membership, ensure that you are logged into your account by selecting the "Dossier+" tab, then click on the "Manage membership" button, then on the "Cancel membership” button and continue through the funnel until confirmation of cancellation. Please note, by canceling your membership you forfeit any unused store credits. We recommend that you use your store credits before canceling. If you choose to cancel your membership, then please note that we are only able to refund the current month’s Dossier+ membership fees.

7.1.11    Dossier reserves the right to terminate or freeze your Dossier+ Membership, without notice, at its sole discretion for conduct we believe violates our policies, is harmful to others, or is harmful to our interests. 

7.1.12    You are not eligible for an extra 10% off with Dossier+ if you use the TODAY promo code.

7.2 Refunds under Dossier+

Our Dossier+ members enjoy one free return per order. This means that a Dossier+ member can only make one return per order for free to Dossier and receive a full refund on any Products and Services returned to Dossier. This offer is available only once per order.

All customers, both Dossier+ members and non-members, will have the right to one free exchange transaction per order. This means that Dossier+ members and non-members will be eligible to exchange any perfumes purchased in an order and receive free shipping on the newly selected perfume. This offer is available only once per order. 3ml samples are non-exchangeable/returnable.

If you want to return or exchange your item/s, you can download your shipping label here. You can also email us at help@dossier.co. We don't refund shipping costs.

Please note that a picture of the item is required for a return to be authorized (this step is included in the return request procedure).

8. CUSTOMER SERVICE

8.1 Should you have further questions, please contact our Customer Service. You can reach us by e-mail at help@dossier.co.

8.2 We attempt to be as accurate as possible when describing our Products and Services on the Website; however, to the extent permitted by applicable law, WE DO NOT WARRANT THAT THE PRODUCTS AND SERVICES’ DESCRIPTIONS, COLORS, INFORMATION OR OTHER CONTENT AVAILABLE ON THE WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE.

8.3 This Website may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve 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.

9.  INTELLECTUAL PROPERTY

9.1 All information and content available on the Website and its “look and feel”, including but not limited to trademarks, logos, service marks, features, functions, text, graphics, photographs, button icons, images, audio clips, data compilations and software, and the compilation and organization thereof (collectively, the “Content”) is the property of Dossier, our parents, subsidiaries, affiliates, partners or licensors, and is protected by United States and other international laws, including laws governing copyrights and trademarks. Our trademarks and trade dress may not be used in any manner for any purpose without our express written consent. All the Products and Services sold by Dossier are the result of its own formulations. The inspirations mentioned on our Website are included as a reference for the consumer public and we are not associated or affiliated with the brands mentioned on our Website in any way.

9.2 Except as set forth in the limited licenses in Article 10 below, or as required under applicable law, neither the Content nor any portion of the Website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent.

10. LIMITED LICENSES

10.1 We grant you a limited, revocable, non-transferable and non-exclusive license to access and make personal, non-commercial use of the Website. This limited license does not include the right to: (a) frame or utilize framing techniques to enclose the Website or any portion thereof; (b) republish, redistribute, transmit, sell, license or download the Website or any and/or all Content (except caching or as necessary to view the Website); (c) make any use of the Website or any and/or all Content other than personal use; (d) modify, reverse engineer or create any derivative works based upon either the Website or any and/or all Content; (e) collect account information for the benefit of yourself or another party; (f) use any meta tags or any other "hidden text" utilizing any and/or all Content; or (g) 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 must retain, without modification, all proprietary notices on the Website or affixed to or contained on the Website.

10.2 We also grant you a limited, revocable, non-transferable and non-exclusive license to create a hyperlink to the home page of the Website for personal, non-commercial use only. A website that links to the Website (i) may link to, but not replicate, any and/or all of our Content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive controversial or illegal or inappropriate for any ages (as determined in our sole discretion); (v) may not portray us or our Products and Services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; and (vi) may not link to any page of the Website other than the home page. We may, in our sole discretion, request that you remove any link to the Website, and upon receipt of such request, you shall immediately remove such link and cease any linking unless separately and expressly authorized in writing by us to resume linking.

10.3 Any unauthorized use by you of the Website or any and/or all of our Content automatically terminates the limited licenses set forth in this Article 10 without prejudice to any other remedy provided by applicable law or these Terms and Conditions.

11.YOUR OBLIGATIONS AND RESPONSIBILITIES

11.1 In the access or use of the Website, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on the Website. You shall act always in accordance with the law, customs and in good faith. You may not make any change or alteration to the Website or any Content or services that may appear on this Website and may not impair in any way the integrity or operation of the Website. Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or willfully in any of the obligations set forth in these Terms and Conditions, you shall be liable for all the losses and damage that this may cause Dossier, our parents, subsidiaries, affiliates, partners or licensors.

12. YOUR ACCOUNT

12.1 Subject to the age restrictions outlined above, you may view and use many features of the Website without registering, including making purchases, but in order to access and use some parts of the Website, you may need to register an account with us. If you do register, you will have an email address/username and password for your account. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. If there has been an unauthorized use of your password or account, please notify us immediately. You are responsible for keeping such information current, complete, accurate and truthful. You agree to accept responsibility for all activities that occur with your permission or authorization under your account, username and/or password, or because you fail to maintain sufficient security over your account, username and/or password. You agree to provide only current, complete, accurate and truthful information. If you are accessing and using the Website on someone else’s behalf, you represent that you have the authority to bind that person as the principal to all Terms and Conditions provided herein, and to the extent you do not have such authority you agree to be bound to these Terms and Conditions and to accept liability for harm caused by any wrongful use of the Website or Content resulting from such access or use.

12.2 Except as may be prohibited by Quebec law, we reserve the right to refuse service and/or terminate accounts without prior notice if these Terms and Conditions are violated or if we decide, in our sole discretion, that it would be in Dossier’s best interests to do so.

13. THIRD PARTY LINKS

13.1 We are not responsible for the content of any off-website pages or any other websites linked to our Website. Links appearing on the Website are for convenience only and are not an endorsement by us, our parents, subsidiaries, our affiliates or our partners of the referenced content, Products and Services, 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 policies 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.

14. SPECIAL FEATURES, FUNCTIONALITY AND EVENTS

14.1 The Website may offer certain special features and functionalities or events (such as contests, sweepstakes or other offerings) which may (a) be subject to terms of use, rules and/or policies in addition to or in lieu of these Terms and Conditions; and (b) be offered by us or by third parties. If so, we will notify you of this and if you choose to take advantage of these offerings, you agree that your use of those offerings will be subject to such additional or separate terms of use, rules and/or policies.

15.  SUBMISSIONS

15.1 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 Submissions, you hereby grant us a worldwide, non-exclusive, unrestricted, royalty-free, perpetual, irrevocable, assignable right and licence to copy, use, reproduce, modify, adapt, translate, publish, license, distribute, sell or assign the Submissions in any way as we see fit, including but not limited to copying in whole or in part, creating derivative works from, distributing and displaying any Submissions (in whole or in part) in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works, or using the Submission within or in connection with our Products and Services or services and you further waive any “moral rights” that you may have in the Submissions. You also acknowledge that your Submissions will not be returned, and we may use your Submissions, and any ideas, concepts or know how contained therein, without payment of money or any other form of consideration, for any purpose including, without limitation, developing, manufacturing, distributing and marketing Products and Services.

15.2 If you make Submissions, you represent and warrant that you own or otherwise control the rights to your Submissions and that you have the right to grant the foregoing rights to Dossier. You further represent and warrant that such Submissions do 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 Submissions. You agree to indemnify us for all claims arising from or in connection with any claims to any rights in any Submissions or any damages arising from any Submissions.

16.  USER CONTENT

16.1 When you transmit, upload, post, share, distribute, e-mail or otherwise make available data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials ("User Content") on the Website in any manner, you are entirely responsible for such User Content. Such User Content constitutes a Submission under Article 15 above. This means that all third parties, not Dossier, are entirely responsible for all User Content that they post to the Website. You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, e-mailing or otherwise making available on the Website User Content that (a) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) you do not have a right to make available under any law or under contractual or fiduciary relationships; (c) is known by you to be false, inaccurate or misleading; (d) you were compensated for or granted any consideration by any third party; or (e) infringes any patent, trademark, trade secret, copyright or other proprietary or privacy rights of any party. In addition, you agree not to transmit, upload, post, e-mail, install, or otherwise make available any computer program or destructive software such as viruses, unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of "spam." You further agree not to (i) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity; (ii) "stalk" or otherwise harass including advocating harassment of another, entrap or harm any third party including harming minors in any way; (iii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content; (iv) intentionally or unintentionally violate any applicable local, state, provincial, national or international law; (v) harvest, collect, gather, assemble or store personally identifiable data about other users, including e-mail addresses; or (vi) attempt to gain unauthorized access to the Website, other computer systems or networks connected to the Website, through password mining or any other means.

16.2 We do not endorse or control the User Content transmitted or posted on the Website and therefore, we do not guarantee the accuracy, integrity or quality of User Content. You understand that by using the Website, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will we be liable in any way for any User Content, including, without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the Website. You hereby waive all rights to any claims against us for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with User Content.

16.3 You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse to post or remove any User Content and we reserve the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, we have the right to remove any User Content that violates these Terms and Conditions or is otherwise objectionable and we reserve the right to refuse service and/or terminate accounts without prior notice for any users who violate these Terms and Conditions or infringe the rights of others.

16.4 If you wish to delete certain of your public User Content, such as your ratings and reviews posting(s), on the Website or in connection with our mobile applications, please contact us by email at help@dossier.co and include the following information in your deletion request: first name, last name, user name/screen name (if applicable), email address associated with our Website and/or mobile applications, your reason for deleting the posting, and date(s) of posting(s) you wish to delete (if you have it). We may not be able to process your deletion request if you are unable to provide such information to us. Please allow up to 30 days to process your deletion request.

17.  FORCE MAJEURE

17.1 Dossier's liability is expressly excluded, and a failure to fulfill its obligations or a violation of these Terms and Conditions may not be invoked against Dossier in case of losses, damages, or delays suffered by the Customer resulting from causes beyond Dossier's control, including but not limited to force majeure events, wars, invasions, insurrections, riots, civil or military wars, floods, fires, natural disasters, explosions, government actions, threats and terrorist acts, national emergencies, revolutions, epidemics, lockouts, strikes, and other labor disputes (whether related to Dossier's workers or not), constraints or delays affecting the carrier, inability or delay in obtaining adequate and suitable materials, telecommunication failures or power outages.

18.  COMPANY INFORMATION

18.1 13 Scents Inc. is a Delaware corporation with its headquarters at 150 Greenwich Street, New York, NY 10007. You may contact us at the above address or by email at help@dossier.co  

19.  NOTICE FOR CALIFORNIA RESIDENTS

19.1 Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint, please use our contact information to let us know. Please send a letter to the above address under Article 18 or send an email to legal@dossier.co with “California 1789.3 Inquiry” in the subject line. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. Hearing-impaired people may call TDD (800) 326-2297.

20.  REPRESENTATIONS AND WARRANTIES; LIMITATION OF LIABILITY

20.1 THE LAWS OF QUEBEC MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF WARRANTIES, LIMITATIONS OF LIABILITY OR CERTAIN DAMAGES, OR LIMITATIONS ON THE ABILITY TO BRING CLAIMS OR LEGAL ACTIONS. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.

20.2 THE WEBSITE AND ITS CONTENT AND SERVICES ARE PRESENTED "AS IS." NEITHER WE NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE WEBSITE TERMS AND CONDITIONS OR THE WEBSITE OR ITS CONTENTS OR SERVICES.

20.3 YOU AGREE THAT NEITHER WE NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE RESPONSIBLE OR LIABLE IN CONTRACT, WARRANTY OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE WEBSITE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBWEBSITE LINKS ON THE WEBSITE; (e) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE WEBSITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBWEBSITES (f) ANY INACCURACIES OR OMISSIONS IN CONTENT OR (g) EVENTS BEYOND OUR REASONABLE CONTROL.

20.4 FURTHER, NEITHER WE NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE LIABLE IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE WEBSITE OR YOUR USE THEREOF, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY FOR SUCH CLAIMS EXCEED ONE HUNDRED UNITED STATES DOLLARS (USD $100.00) OR ITS EQUIVALENT IN CANADIAN DOLLARS.

20.5 YOU AGREE THAT NO CLAIMS OR ACTION IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) ARISING OUT OF, OR RELATED TO, THE USE OF THE WEBSITE OR THESE TERMS AND CONDITIONS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU ARE DISSATISFIED WITH THE WEBSITE, TERMINATION OF YOUR USE OF THE WEBSITE IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.

21.  INDEMNIFICATION

21.1 You agree to defend, indemnify and hold us, our parents, subsidiaries, affiliates, partners, licensors, officers, directors, employees, and agents (the “Indemnified Parties”) harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand arising from (i) your use of the Website or the Website Content in violation of any law, rule, regulation or these Terms and Conditions, or (ii) any part of your User Content. You also agree to indemnify the Indemnified Parties for any loss, damages, or costs, including reasonable attorneys' 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.

22.  APPLICABLE LAW, JURISDICTION, CLASS ACTION WAIVER, JURY TRIAL WAIVER

22.1 These Terms and Conditions shall be governed by and construed in accordance with New York State law. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in New York, New York.

22.2 In the event of a dispute between a Customer and Dossier regarding the interpretation, performance, or termination of these Terms and Conditions, Dossier strongly encourages the Customer to contact Dossier first to attempt to resolve the disagreement amicably.

TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU AND DOSSIER AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE AND THE COMMUNITY MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. The preceding sentence does not apply to New Jersey residents.

22.3 United States Residents:

With respect to any dispute, claim, or controversy regarding the Website, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of New York, as if the Terms and Conditions were a contract wholly entered into and wholly performed within New York.

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION AND TO HAVE A TRIAL IN FRONT OF A JURY.

NO CLASS ACTIONS: EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES ITS RIGHT TO PARTICIPATE IN A CLASS OR COLLECTIVE ACTION AGAINST THE OTHER PARTY IN ANY DISPUTE OR PROCEEDING (WHETHER BASED ON CONTRACT, STATUTE, TORT, OR ANY OTHER THEORY). ALL CLAIMS MUST BE BROUGHT SOLELY IN A PARTY'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, CONSOLIDATED ACTION, REPRESENTATIVE ACTION OR PROCEEDING. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

WAIVER OF JURY TRIAL: EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL RIGHTS THEY MAY HAVE (INCLUDING BUT NOT LIMITED TO, THEIR CONSTITUTIONAL OR STATUTORY RIGHT TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JURY) TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING FOR ANY DISPUTES WHATSOEVER BETWEEN THE PARTIES, INCLUDING BUT NOT LIMITED TO, DISPUTES IN ANY WAY ARISING OUT OF OR RELATING TO THESE TERMS OR THE RELATIONSHIP OF THE PARTIES (WHETHER BASED ON CONTRACT, STATUTE, TORT, OR ANY OTHER THEORY).

23.  PRIVACY AND DATA PROTECTION

23.1 Please review our Privacy Policy on how we collect and process personal data and how we treat marketing messages by email and sms/mms.

24.  GENERAL

24.1 You acknowledge and agree that these Terms and Conditions and any and all other legal notices or statements posted on the Website constitute the complete and exclusive agreement between us concerning your use of the Website, and supersede and govern all prior proposals, agreements, or other communications.

24.2 We reserve the right, in our sole discretion, to change or modify all or part of these Terms and Conditions at any time by posting the changes on the Website and providing notice of such change. Except as may be prohibited by Quebec law, any changes are effective immediately upon posting to the Website and release of notice of such change. Your continued use of the Website thereafter constitutes your agreement to all such changed 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 also reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice.

24.3 Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision.

24.4 YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

Copyright © 13 Scents Inc. All rights reserved.

Last updated: February 12, 2025