Terms of service

Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the XO ATELIER website, products, and services. By accessing our website or placing an order, you agree to be bound by these Terms.

Acceptance of Terms

By accessing this website or completing a purchase, you acknowledge that you have read, understood, and agree to these Terms of Service. Acceptance of these Terms during checkout constitutes a legally binding agreement between you and XO ATELIER to the fullest extent permitted by applicable law.

Eligibility

You must be at least eighteen (18) years of age, or the age of legal majority in your jurisdiction, to purchase products from XO ATELIER. By placing an order, you represent and warrant that you meet this requirement.

Products and Orders

All products are subject to availability.

XO ATELIER reserves the right to modify, discontinue, limit quantities, refuse service, or cancel any order at any time for reasons including, but not limited to:

  • suspected fraud;
  • pricing or typographical errors;
  • inventory discrepancies;
  • suspected resale abuse;
  • violations of these Terms of Service; or
  • any other circumstance where fulfilling the order would violate applicable law or company policy.

If payment has already been processed for a cancelled order, a refund will be issued to the original payment method.

Unless otherwise stated, all sales are final and subject to our Returns & Refund Policy.

Second-Hand Purchases

XO ATELIER guarantees authenticity only for products purchased directly from our official website or an authorized sales channel.

Products obtained through resale, private transactions, auction websites, social media marketplaces, or other unauthorized sellers are purchased entirely at the buyer’s own risk.

Because XO ATELIER cannot verify storage conditions, handling, dilution, tampering, or authenticity after resale, we assume no responsibility for the condition, performance, authenticity, or safety of products obtained through unauthorized sources.

Ingredients and Proprietary Formulations

Our fragrances contain cosmetic-grade ingredients, including perfumer’s alcohol, fragrance compounds, aroma molecules, distilled water where applicable, and other ingredients permitted for cosmetic fragrance use.

Complete ingredient disclosures are provided where required by applicable law.

All fragrance formulations constitute proprietary trade secrets and remain the exclusive intellectual property of XO ATELIER.

Brand Protection

XO ATELIER products may not be diluted, altered, rebottled, relabeled, repackaged, or sold under another brand without prior written authorization.

The following are strictly prohibited:

  • copying fragrance formulations;
  • reverse engineering products;
  • reproducing branding or packaging;
  • using product photography or written descriptions;
  • using trademarks, logos, or product names without written permission.

XO ATELIER reserves all intellectual property rights available under applicable law.

Fragrance Safety

Products are intended for external use only.

Do not ingest.

Avoid contact with eyes, mucous membranes, and broken or irritated skin.

Discontinue use immediately if irritation or an allergic reaction develops.

Keep out of reach of children and pets.

Customers are responsible for reviewing ingredient information before purchasing if they have known allergies or sensitivities.

Flammability

Our fragrances contain alcohol and other flammable ingredients.

Keep away from heat, sparks, open flames, lit cigarettes, and other ignition sources.

Do not expose bottles to excessive temperatures.

Shipping and Delivery

Shipping, delivery estimates, package protection, carrier delays, lost packages, damaged shipments, and replacement eligibility are governed by our Shipping Policy, which is incorporated into these Terms by reference.

 

Chargebacks and Payment Disputes

If you experience an issue with your order, you agree to contact XO ATELIER first so that we may attempt to resolve the matter before initiating a payment dispute.

Nothing in these Terms limits any rights you may have under applicable law.

 

XO ATELIER reserves the right to contest chargebacks that are inaccurate, fraudulent, abusive, or unsupported by the facts, including claims where carrier tracking confirms delivery or where evidence demonstrates that the order was fulfilled in accordance with these Terms.

Customers who repeatedly abuse the chargeback process may be refused future service.

Intellectual Property

All content on this website—including but not limited to trademarks, logos, product names, fragrance names, formulations, photography, graphics, packaging, written descriptions, and website design—is the exclusive property of XO ATELIER and may not be copied, reproduced, distributed, or used without prior written consent.

Enforcement

XO ATELIER reserves the right to investigate violations of these Terms and to pursue all remedies available under applicable law, including order cancellation, refusal of service, intellectual property enforcement, marketplace takedowns, cease-and-desist notices, and legal action where appropriate.

Disclaimer of Warranties

Except as expressly required by applicable law, all products and services are provided “as is” and “as available,” without warranties of any kind, whether express or implied, including any implied warranties of merchantability or fitness for a particular purpose.

Limitation of Liability:

To the fullest extent permitted by law, XO ATELIER shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from the use of our website or products.

In no event shall XO ATELIER’s total liability exceed the purchase price paid for the specific product giving rise to the claim.

Nothing in these Terms excludes liability where such exclusion is prohibited by applicable law.

Indemnification

You agree to indemnify, defend, and hold harmless XO ATELIER and its owners, employees, affiliates, and representatives from any claims, liabilities, damages, losses, costs, or expenses arising from your misuse of the website, misuse of our products, or violation of these Terms.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict of law principles.

Severability

If any provision of these Terms is determined to be unlawful or unenforceable, the remaining provisions shall remain in full force and effect.

Entire Agreement

These Terms, together with our Shipping Policy, Returns & Refund Policy, Privacy Policy, and any additional policies posted on our website, constitute the entire agreement between you and XO ATELIER regarding your purchase and use of our website.

Changes to These Terms

XO ATELIER reserves the right to modify these Terms at any time. Changes become effective immediately upon posting to the website. Continued use of the website after any modification constitutes acceptance of the revised Terms.

Contact

Questions regarding these Terms may be directed to: xoateliernj@gmailcc.com