Welcome to the Desert35 online store, www.desert35.com (“Website”). Desert35 Fragrances (“Desert35”) provides the content and services available on the Website to you subject to the following terms and conditions (“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. Purchase Related Policies
The products and services available on the Website, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the products or services, or samples that you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any orders that we believe, in our sole discretion, may result in the violation of our Terms and Conditions. Desert35 reserves the right to cancel any online order for any reason.
2. Accuracy of Information
We attempt to be as accurate as possible when describing our products on the Website; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colors or other content available on the Website are accurate, complete, reliable, current, or error-free.
3. Intellectual Property
The trademarks, logos, and service marks displayed on the Website (collectively, the “Trademarks”) are the registered and unregistered marks of Desert35 Fragrances, our affiliates, partners or licensors, in the United States and other countries, and are protected by United States and international trademark laws.
4. Your Obligations and Responsibilities
Desert35 has no responsibility and assumes no liability for the unaffiliated sites to which it is linked to or from, including but not limited to the content or web pages or other, products, services or materials on the site linked to the Website or posted to this Website by anyone other than Desert35. We may permit some links for convenience, but it is not an endorsement by Desert35, our affiliates or our partners of the referenced content, product, service or supplier. Please note that the rules and privacy policies of linked sites may differ from those of Desert35 and should be reviewed by you when you use the link to access the other site. 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.
6. Fraud Protection
We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If such is the case, we may reject your order or our customer service department may call you at the email you provided to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We reserve the right to cancel any order using any fraud promotion or promotional code, at our sole discretion. If any order cancellation occurs you will be credited in full for the cancelled order(s). We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.
By using this Website, you acknowledge and agree that these Terms and Conditions, 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.
This website may contain errors and may not be complete or current. Desert35 therefore reserves the right to the fullest extent allowed by law to correct any errors or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors or omissions may relate to product descriptions, pricing and availability, and we reserve the right to the fullest extent allowed by applicable law to cancel or refuse to accept any order placed based on incorrect pricing or availability information. We apologize for any inconvenience
THE DESERT35.COM WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, SERVICES AND USER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE (COLLECTIVELY, THE “SITE CONTENTS”) ARE PROVIDED BY DESERT35.COM ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND.
DESERT35.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, THE ACCURACY OR COMPLETENESS OF THE SITE CONTENTS, OR THAT THE WEBSITE OR EMAILS SENT FROM DESERT35.COM ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE DESERT35.COM WEBSITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMITTED BY LAW, DESERT35.COM DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE WEBSITE AND THE SITE CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.
We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Website. Any changes are effective immediately upon posting to the Website. Your continued use of the Website constitutes your agreement to all such terms and conditions.
Thank you for your interest in our website. It is important for us to protect your privacy interests. Hereafter we inform you in detail how we handle your data. Storage of access data in Server Logfiles You can visit our website without providing your personal details. We store access data only in soServer-Logfiles, such as name of the requested file, date and time of your visit to the website, volume of the data submitted and inquiring provider. This information is evaluated exclusively for ensuring the smooth running of the website and for improving our service and does not allow us to draw any personal references from it. Collection and use of data for executing contract and opening a customer account We collect personal information only when you voluntarily share this information with us with respect to your order, while contacting us (e.g. by contact form or email) or by creating a customer account. The corresponding web form will inform you about the type of information that will be collected. We use the data provided by you only for the purpose of executing contract and processing your requests. After completion of the contract and deletion of your customer account, your data will be blocked for further use and will be deleted after the expiry of fiscal and commercial regulations, unless you have expressly given permission for continued use of your data or we reserve the right to use data as long as it is permissible by law and we keep you informed about it. Deletion of your customer account is possible at any time and can be done either by notifying the contact person described below or by a function specially intended for this purpose in customer account. Transferring data for fulfilling contract For fulfilling your transaction, we pass on your data to the shipping company that carries out the delivery as long as it is required for the delivery of the ordered goods. To process payments, we pass on payment details to the authorized credit institution and where applicable to the payment service provider commissioned by us or to the payment service chosen by you during the ordering process. By making a purchase from desert35.com, you understand and agree that desert35 may share information about you and your transaction with other companies for the purpose of processing your transaction, including fraud prevention, vendor direct shipping and credit card authorization.
We use Social Plugins (“Plugins”) of social networking website called Facebook on our website, which are operated by Facebook Inc, 1601 S. California Ave, Palo Alto, CA 94304, USA (“Facebook”). The plugins are indicated by the Facebook logo or by the “Facebook Social Plugin”. You can get an overview of the Facebook plugins and their appearance on the following link: http://developers.facebook.com/plugins If you request a page on our website, which contains such plugin, your browser will directly connect to the Facebook servers. The content of the plugin will be directly submitted from Facebook to your browser, which will integrate it into the website. As a result of the plug-in integration, Facebook receives notification that you have opened up the relevant page on our website even if you do not have an account on Facebook or are not logged on to Facebook currently. This information (including your IP-address) will be transferred directly to Facebook server in USA and will be stored there. If you are logged on to Facebook, Facebook will put this information about your visit on our website into your Facebook profile. If you interact with Facebook Plugins, for example by clicking “Like” button or by leaving a comment, that information will be directly transferred to Facebook server and stored there. In addition, the information will be posted on your Facebook profile and will be displayed to your Facebook friends. The purpose and scope of the data collection and the further processing and use of the data by Facebook as well as your rights and setting options with respect to protecting your privacy are shown in Facebook data protection information: http://www.facebook.com/policy.php If you do not want Facebook to put the data collected via our website to your Facebook profile, you must log out of Facebook before you visit our website. You may prevent downloading Facebook Plugins and Add-Ons for your Browser completely e.g. with the “Facebook Blocker” (http://webgraph.com/resources/facebookblocker/) or the Script-Blocker “NoScript” (http://noscript.net/).
Use of Google+ Plugins (e.g. “+1” – Button)
We use SocialPlugins (“Plugins”) of social networking website called Google+ on our website, which are operated by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google”). The plugins e.g. buttons with “+1” sign are visible on white or colored background. You can get an overview of the Google plugins and their appearance on the following link: https://developers.google.com/+/plugins If you request a page on our website, which contains such Plugin, your browser will directly connect to the Google servers. The content of the plugin will be directly submitted from Google to your browser, which will integrate it into the website. As a result of the plug-in integration, Google receives notification that you have opened up the relevant page on our website even if you do not have an account on Google+ or are not logged on to Google+ currently. This information (including your IP-address) will be transferred directly to Google server in USA and will be stored there. If you are logged on to Google+, Google will put this information about your visit on our website into your Google+ profile. If you interact with Google Plugins, for example by clicking “+1” button, that information will be directly transferred to Google server and will be stored there. In addition, the information will be posted on your Google+ profile and will be displayed to your contacts there. The purpose and scope of the data collection and the further processing and use of the data by Google as well as your rights and setting options with respect to protecting your privacy are shown in data protection information of Google: http://www.google.com/intl/de/+/policy/+1button.html If you do not want Google to put the data collected via our website to your Google+ profile, you must log out of Google+ before you visit our website. You may prevent downloading Plugins and Add-Ons for your Browser completely e.g. with the Script-Blocker “NoScript” (http://noscript.net/). Right to information and contact details
You have a right to get free information on your stored personal information and if applicable right to edit, block or delete this data. If you have questions regarding the collection, processing and use of your personal data, if you wish to correct, block or delete data as well as revoke your consent or objection against a certain kind of data use, please contact us via our contact page.