Terms of service

Terms of Service

OVERVIEW

Welcome to Metaphor Perfumes. The terms “we,” “us,” and “our” refer to Metaphor Perfumes. We operate this store and website, including all related information, content, features, tools, products, and services, to provide you with a curated shopping experience (the “Services”). Metaphor Perfumes is powered by Shopify, which enables us to deliver these Services to you.

These Terms of Service (“Terms”), together with any policies referenced herein, describe your rights and responsibilities when using the Services.

Please read these Terms carefully, as they include important information about your legal rights, including warranty disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms and our [Privacy Policy](Privacy policy – Metaphor Perfumes). If you do not agree, you should not use or access our Services.

SECTION 1 – ACCESS AND ACCOUNT

By agreeing to these Terms, you confirm that you are at least the age of majority in your state or province of residence, and that you have given us consent to allow any minor dependents to use the Services on devices you own, purchase, or manage.

To use the Services—including browsing our store or purchasing products—you may be asked to provide certain information, such as your email address, billing, payment, and shipping details. You represent and warrant that all information you provide is accurate, current, and complete, and that you have the legal right to provide it.

You are solely responsible for maintaining the security of your account credentials and for all activity under your account. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 – OUR PRODUCTS

We strive to represent our products and services accurately. However, product appearance may vary depending on your device and settings.

We do not guarantee that the appearance or quality of any product will meet your expectations or match the imagery shown online.

All product descriptions are subject to change without notice. We reserve the right to discontinue any product at any time and may limit quantities offered to any person, region, or jurisdiction.

SECTION 3 – ORDERS

When you place an order, you are making an offer to purchase. Metaphor Perfumes reserves the right to accept or decline any order at its discretion. Your order is not accepted until we confirm acceptance and receive payment.

Please review your order carefully before submitting, as we may be unable to accommodate cancellation requests once an order is accepted. If we decline, modify, or cancel your order, we will attempt to notify you using the contact details provided at checkout.

Your purchases are subject to return or exchange solely in accordance with our [Refund Policy](Shipping & Returns - Metaphor Perfumes)

You represent and warrant that your purchases are for personal or household use only, and not for resale or export.

SECTION 4 – PRICES AND BILLING

Prices, discounts, and promotions may change without notice. The price charged will be the one in effect at the time your order is placed and confirmed via email.

Unless otherwise stated, prices do not include taxes, shipping, handling, customs, or import charges.

Prices in our online store may differ from those in physical stores or third-party platforms. Promotions may be governed by separate terms; if there’s a conflict, the promotion terms will apply.

You agree to provide accurate and up-to-date purchase and payment information, and to promptly update your account details as needed.

You represent and warrant that:

• Your payment information is true and complete.
• You are authorized to use the payment method.
• Charges will be honored by your provider.
• You will pay all applicable charges, including taxes and shipping.

SECTION 5 – SHIPPING AND DELIVERY

Delivery times are estimates only and not guaranteed. We are not liable for delays caused by carriers, customs, or events beyond our control.

Once products are transferred to the carrier, title and risk of loss pass to you.

SECTION 6 – INTELLECTUAL PROPERTY

All content on the Services—including trademarks, text, images, graphics, reviews, video, and audio—is owned by Metaphor Perfumes, its affiliates, or licensors, and protected by intellectual property laws.

You may use the Services for personal, non-commercial purposes only. You may not reproduce, distribute, modify, or publicly display any content without our written consent.

Nothing in these Terms grants you rights under any intellectual property owned by Metaphor Perfumes, Shopify, or third parties. All rights not expressly granted are reserved.

Metaphor Perfumes’ names, logos, product and service names, designs, and slogans are trademarks of Metaphor Perfumes or its affiliates. You may not use them without written permission. Shopify’s trademarks are owned by Shopify. Other trademarks belong to their respective owners.

SECTION 7 – OPTIONAL TOOLS

We may provide access to third-party tools, which we do not monitor or control.

You acknowledge that these tools are provided “as is” and “as available,” without warranties or endorsements. Use of such tools is at your own risk, and you should review the terms provided by the third-party provider.

Future features or tools added to the Services will also be subject to these Terms.

SECTION 8 – THIRD-PARTY LINKS

The Services may include links to third-party websites or embedded content. We are not responsible for the accuracy or content of these sites.

Accessing third-party sites is at your own risk. We are not liable for any harm or damages resulting from your use of third-party products, services, or content.

Please review third-party policies before engaging in any transaction. Any complaints or claims should be directed to the third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

Metaphor Perfumes is powered by Shopify, which enables us to provide the Services. However, all purchases are made directly with Metaphor Perfumes.

Shopify is not responsible for any aspect of your transactions with us, including injury, damage, or loss. You expressly release Shopify and its affiliates from all claims related to your purchases with Metaphor Perfumes.

SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here [Privacy Policy - Metaphor Perfumes], and certain personal information may be subject to Shopify’s Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review our privacy policy [Privacy Policy - Metaphor Perfumes] for more details on how we, Shopify, and our partners use your personal information.

SECTION 11 – FEEDBACK

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, reviews, proposals, or other content (“Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial use.

You represent and warrant that:

• You own or have the necessary rights to all Feedback.
• You have disclosed any compensation or incentives received.
• Your Feedback complies with these Terms.

We are under no obligation to:

1. Maintain your Feedback in confidence.
2. Pay compensation for your Feedback.
3. Respond to your Feedback.

We may, but are not obligated to, monitor, edit, or remove Feedback we deem unlawful, offensive, defamatory, obscene, or otherwise objectionable.

You agree not to violate any third-party rights, including copyright, trademark, privacy, or personality rights. You also agree not to submit false, misleading, or malicious content, or any material containing viruses or malware. You are solely responsible for the accuracy and legality of your Feedback. We assume no liability for any Feedback posted by you or others.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally, the Services may contain typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, shipping charges, transit times, or availability.

We reserve the right to correct any errors, update information, or cancel orders if any information is inaccurate, at any time and without prior notice (including after you’ve submitted your order).

SECTION 13 – PROHIBITED USES

You may use the Services only for lawful purposes. You agree not to use the Services:

• For any unlawful, malicious, or fraudulent purpose.
• To violate any laws or regulations.
• To infringe on intellectual property rights.
• To harass, abuse, defame, or harm others.
• To transmit false or misleading information.
• To send spam, chain letters, or unsolicited promotions.
• To impersonate others or misrepresent your identity.
• To interfere with others’ use of the Services.

You also agree not to:

• Upload or transmit viruses or malicious code.
• Reproduce, resell, or exploit any part of the Services.
• Collect or track personal information of others.
• Use scraping, crawling, or phishing techniques.
• Circumvent security features of the Services or related websites.

We reserve the right to suspend or terminate your account without notice if we determine you’ve violated these Terms.

SECTION 14 – TERMINATION

We may terminate this agreement or your access to the Services at any time, without notice, and at our sole discretion. You remain liable for all charges incurred up to the termination date.

The following sections will survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive.

SECTION 15 – DISCLAIMER OF WARRANTIES

The information presented through the Services is provided for general informational purposes only. We do not guarantee its accuracy, completeness, or usefulness. Any reliance on such information is at your own risk.

EXCEPT AS EXPRESSLY STATED BY METAPHOR PERFUMES, THE SERVICES AND ALL PRODUCTS OFFERED ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. THIS INCLUDES IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not guarantee that your use of the Services will be uninterrupted, timely, secure, or error-free.

Some jurisdictions do not allow the exclusion of implied warranties, so this disclaimer may not apply to you.

SECTION 16 – LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO CASE SHALL METAPHOR PERFUMES, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND. THIS INCLUDES, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PROCURED THROUGH THE SERVICES.

THIS ALSO INCLUDES CLAIMS RELATED TO ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF CONTENT OR PRODUCTS POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES — EVEN IF ADVISED OF THE POSSIBILITY.

SECTION 17 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Metaphor Perfumes, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims — including reasonable attorneys’ fees — arising from:

1. Your breach of these Terms or related documents.
2. Your violation of any law or third-party rights.
3. Your access to and use of the Services.

We will notify you of any indemnifiable claim. Failure to promptly notify will not relieve you of your obligations unless materially prejudiced. We may control the defense and settlement of such claims at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You agree to cooperate fully in the defense, including providing relevant documents.

SECTION 18 – SEVERABILITY

If any provision of these Terms is found to be unlawful, void, or unenforceable, it shall still be enforceable to the fullest extent permitted by law. The unenforceable portion shall be deemed severed, and the remainder of the Terms shall remain valid and enforceable.

SECTION 19 – WAIVER; ENTIRE AGREEMENT

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision.

These Terms, along with any policies or operating rules posted by us, constitute the entire agreement between you and Metaphor Perfumes and govern your use of the Services. They supersede any prior agreements, communications, or proposals, whether oral or written.

Any ambiguities in interpretation shall not be construed against the drafting party.

SECTION 20 – ASSIGNMENT

You may not delegate, transfer, or assign this agreement or any rights or obligations under these Terms without our prior written consent. Any attempt to do so will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without notice or consent.

SECTION 21 – GOVERNING LAW

These Terms and any separate agreements for Services shall be governed by and construed in accordance with the laws of the jurisdiction where Metaphor Perfumes is headquartered. You and Metaphor Perfumes consent to venue and personal jurisdiction in such courts.

SECTION 22 – HEADINGS

Headings are included for convenience only and do not affect the interpretation of these Terms.

SECTION 23 – CHANGES TO TERMS OF SERVICE

You may review the most current version of these Terms at any time on this page.

We reserve the right to update, change, or replace any part of these Terms at our sole discretion by posting updates to our website. It is your responsibility to check periodically for changes.

We will notify you of any material changes in accordance with applicable law. Such changes will take effect on the date specified in the notice. Continued use of the Services after changes are posted constitutes acceptance of those changes.

SECTION 24 – CONTACT INFORMATION