Policies

Privacy
Returns
Shipping
Terms of Service
Commodity.Circle

This Privacy Policy describes how your personal information is collected, used, and shared when you visit or make a purchase from CommodityFragrances.com (the “Site”).


Personal information we collect

When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information”.

We collect Device Information using the following technologies:
- “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.
- “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
- “Web beacons”, “tags”, and “pixels” are electronic files used to record information about how you browse the Site.

Additionally, when you make a purchase or attempt to make a purchase through the Site, we collect certain information from you, including your name, billing address, shipping address, payment information (including credit card numbers [[INSERT ANY OTHER PAYMENT TYPES ACCEPTED]]), email address, and phone number. We refer to this information as “Order Information”.

When we talk about “Personal Information” in this Privacy Policy, we are talking both about Device Information and Order Information.



How do we use your personal information?

We use the Order Information that we collect generally to fulfill any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to:
- Communicate with you;
- Screen our orders for potential risk or fraud; and
- When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.

We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).


Sharing your personal Information

We share your Personal Information with third parties to help us use your Personal Information, as described above. For example, we use Shopify to power our online store--you can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy. We also use Google Analytics to help us understand how our customers use the Site -- you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.

Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful requests for information we receive, or to otherwise protect our rights.

SMS Privacy

We respect your privacy. We will only use information you provide to transmit your mobile messages and respond to you, if necessary. This includes sharing information with our program partners, message content providers, phone companies, and vendors who assist us in the delivery of mobile messages. EXCEPT AS SET FORTH IN THIS SECTION, WE DO NOT SELL, RENT, LOAN, TRADE, LEASE OR OTHERWISE TRANSFER FOR PROFIT ANY PHONE NUMBERS OR CUSTOMER INFORMATION COLLECTED THROUGH PROGRAMS TO ANY THIRD PARTY. Nonetheless, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect our rights or property. When you complete forms online or otherwise provide us information in connection with SMS, you agree to provide accurate, complete, and true information. You agree not to use a false or misleading name, mobile number or a name or mobile number that you are not authorized to use. If in our sole discretion, we believe that any such information is untrue, inaccurate, or incomplete, or you have opted into SMS for an ulterior purpose, we may refuse you access to SMS and pursue any appropriate legal remedies.


Behavioral advertising

As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.

You can opt out of targeted advertising by using the links below:
- Facebook: https://www.facebook.com/settings/?tab=ads
- Google: https://www.google.com/settings/ads/anonymous
- Bing: https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads

Additionally, you can opt-out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.


Do not track

Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.


Your rights

If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below.

Additionally, if you are a European resident we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States.


Data retention

When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information.


Changes

We may update this privacy policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons.


Contact us

For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e‑mail: customerservice@commodityfragrances.com

 


RETURNS

Not all Commodity products can be returned.

Non-refundables are final sale and cannot be refunded or returned. Please read below Non-Refundables section for more information.

Eligible, returnable products (10mls, 2x30mls and 100mls) can be returned if they were purchased from our website and meet the below Return Conditions.

Unless the goods are faulty or have been incorrectly shipped, customers are responsible for the return costs and any fees associated with the return. This is a $10 flat fee for customers within the US.

*We do not provide refunds or accept returns for products that were not purchased on our website. Please contact the original retailer from which you purchased.

RETURN LABELS

For the return of orders within the US: If your return meets the below Return Conditions, please use our Loop Return Center link to start your return: https://commodity-fragrances-us.loopreturns.com/#/

For the return of orders outside the US: If your return meets the below Return Conditions, please create your own shipping label and mail to the address of: 291 S Van Brunt Street Englewood, NJ 07631, USA.

 

RETURN CONDITIONS

Please note: All individual samples and sample sets are non-refundable, non-returnable and final sale. Please see the below Non-refundables section for further clarification.  

All fragrances (10mls, 2x30mls and 100mls) can be returned for a full refund provided that they are: (1) returned to us in full within the 14-day window and (2) returned to us in their original condition, unopened and unused, with the cellophane intact.

In the case of the 30ml Duo Set (2x30mls), 30mls are not sold individually and thereby must both be returned together for a full refund. We do not offer partial refunds. 

We will not accept the return or replacement of products whose cellophane has been opened. If you are unsure if you will like the 10ml, 2x30mls, or 100ml fragrance, please try it in a Discovery Kit first.

Returns that do not meet our Return Conditions will be deemed unacceptable and result in store credit.

 

REWARDS

By returning any purchase in which you redeemed or earned any type of Commodity.Circle reward (points, discounts, tier status, etc), you are automatically forfeiting the reward.

 

NON-REFUNDABLES

The following items are final sale and not eligible for return or exchange:

  • Exploration Kit
  • Personal Discovery Kit
  • Expressive Discovery Kit
  • Bold Discovery Kit
  • Scent Space Kit (Book, Gold, Velvet, Moss, Paper, Milk)
  • Archive Collection Discovery Kit
  • Any Free items or items Gifted with a purchase
  • Individual 30ml (purchased in 30ml Duo Set, i.e. 2x30ml set)

 

Shipping fees, including Customs fees, paid to deliver the order are also non-refundable.

 

EXCHANGES

Unfortunately, we cannot offer exchanges at this time. If your product meets our Return Conditions, please return your product and then place new order.

 

DAMAGES

Our fragrances come in glass bottles. Please handle them with care. In the unlikely event that your product arrives damaged, please contact Customer Service as soon as possible. Thereafter, it is the customer's responsibility to maintain the product.

 

"DELIVERED" BUT NOT RECEIVED OR INCOMPLETE PACKAGES

Should your order be marked as "delivered" by the carrier but is not received, or if it appears to be missing items upon arrival, please contact Customer Service immediately.

If we determine your order to be lost, undelivered, or incomplete, we will send you a replacement or the missing items. By agreeing to receive this replacement or the missing items, you are waiving your rights to a monetary refund should you decide to return this replacement item or items. Store credit will be issued instead.

 

REFUNDS

We will issue a refund/replacement once the returned item is received, granted that it meets our Return Conditions (please see the Return Condition section for more information). Refunds will be issued to the original payment method you used on CommodityFragrances.com within 5 to 10 business days of the return being received.

Damaged or unacceptable returns may result in store credit. 

Any return requests made after 14 days from fulfillment date will not be refunded.

 

 

We’re excited to get your order out! 

Please note: Every shipping price mentioned on this page is in USD ($). We ship to all countries, but have a few restrictions when it comes to your delivery address; see the Shipping Restrictions section below for more information.

 

SHIPPING OPTIONS

USA

Free Standard Shipping on orders over $100

ORDER VALUE
STANDARD SERVICE
EXPRESS SERVICE
Orders less than $50 $8.50 $20.00
Orders of $50-$100 $10.00 $20.00
Orders of $100+ FREE $20.00

 

CANADA

Free Shipping on orders over $250

ORDER VALUE
STANDARD SERVICE
DUTIES & VAT

Orders less than $250

$35.00

Not Included

Orders of $250+

FREE

Not Included

 

INTERNATIONAL*

Free Shipping on orders over $500

(*Not including the UKEU, and AU)

ORDER VALUE
STANDARD SERVICE
DUTIES & VAT

Orders less than $500

$55.00

Not Included

Orders of $500+

FREE

Not Included


SHIPPING RESTRICTIONS

 

*Please note that orders will only ship in full. Any order containing a pre-ordered product will be delayed in its entirety.

Unfortunately, we do not ship Express Service Orders to PO Boxes. Similarly, we also cannot ship Standard Service Orders over $150.00 USD to PO Boxes as signatures are required.


SHIPPING TIMELINES

 

*Please note that shipping time does not include the processing time. 

It can take up to 2 business days to process your order (excluding weekends, holidays and holiday observance days).  During certain high-volume times (promotions, holiday seasons, etc.) it may take us an additional 24-48 hours (excluding weekends, holiday and holiday observance days) to process and ship your order. Other factors that may delay your order include severe weather, emergency situations, and additional security verification.

From there, Standard Shipping within the continental U.S can take up to 7 business days. Standard Shipping for non-continental U.S orders (i.e. Alaska, Hawaii, and any International destination) can take up to 4 weeks for delivery. Expedited Shipping can take anywhere from 2-4 business days (continental U.S only.)

Once your order has shipped, we'll send you an e-mail with the tracking number. Just click on the link to go to the carrier's website, where you can track the progress of your shipment. It may take 72 hours, or more, for your tracking number to be activated on our carrier's site.

We want to give you the best possible shopping experience and we know processing and transit time is a big part of that, so we are constantly reviewing and updating our process to make it better and quicker in regards to getting orders shipped and delivered.

 

TAXES (VAT), DUTIES, AND OTHER MISC. SHIPPING FEES

 

Prices displayed on the website do not include Taxes (VAT), Duties, and any other Shipping Fees.

Customers are responsible for any Taxes (VAT), Duties, and any other Shipping Fees are charged to receive an order outside of the US. 

These costs will be presented at checkout and included in the final amount of your order in order to ensure a hassle-free delivery experience.

*Shipping fees are non-refundable

REDIRECTING SHIPMENTS

 

Please make sure your shipping address is correct. We cannot redirect or cancel orders once they have been dispatched.

 

SHIPMENT CANCELLATIONS

 

We do our best to fulfill all orders; however, we reserve the right to accept, decline, or cancel your order (in whole or in part) for any reason and at any time after receipt of your order. We may require additional verifications of information before shipping any order. Your order is not accepted until it is shipped.

In the event your order is cancelled, a customer service representative will promptly inform you via customerservice@commodityfragrances.com and assist you with placing a successful order.

OVERVIEW

This website is operated by Commodity US. Throughout the site, the terms “we”, “us” and “our” refer to Commodity US. Commodity US offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.


SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.


SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.


SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.


SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.


SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.


SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.


SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.


SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.


SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.


SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 11 - MOBILE MESSAGING SERVICE

The Commodity mobile message service (the "Service") is operated by Commodity (“Commodity”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. We may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.

Text messages may be sent using an automatic telephone dialing system or other technology. Your consent to receive autodialed marketing text messages is not required as a condition of purchasing any goods or services. If you have opted in, the Service provides updates, alerts, information, promotions, specials, and other marketing offers (e.g., cart reminders) from Commodity via text messages through your wireless provider to the mobile number you provided. Message frequency varies. Text the single keyword command STOP to +1 (833) 575-1952 to cancel at any time. You'll receive a one-time opt-out confirmation text message. If you have subscribed to other Commodity mobile message programs and wish to cancel, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, text HELP to +1 (833) 575-1952 or email customerservice@commodityfragrances.com.

We may change any telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. You agree to maintain accurate, complete, and up-to-date information with us related to your receipt of messages, including, without limitation, notifying us immediately if you change your mobile number. 

You agree to indemnify, defend, and hold us harmless from any third-party claims, liability, damages or costs arising from your use of the Service or from you providing us with a phone number that is not your own.

You agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not.


SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.


SECTION 13 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.


SECTION 14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall CommodityUS, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.


SECTION 15 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless CommodityUS and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.


SECTION 16 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.


SECTION 17 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).


SECTION 18 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.


SECTION 19 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States.


SECTION 20 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.


SECTION 21 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at customerservice@commodityfragrances.com.

COMMODITY.CIRCLE LOYALTY PROGRAM TERMS AND CONDITIONS

 

Last updated: Jan 22, 2024 

 

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE PARTICIPATING IN THE COMMODITY.CIRCLE LOYALTY PROGRAM. YOUR PARTICIPATION IN THIS PROGRAM CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE AND AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS, THE COMMODITY FRAGRANCES WEBSITE TERMS OF SERVICE, AND COLLECTION AND USE OF YOUR INFORMATION AS SET FORTH IN OUR PRIVACY , ALL OF WHICH ARE INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT ACCEPT THESE TERMS, THE TERMS OF SERVICE OR OUR PRIVACY , DO NOT PARTICIPATE IN THIS PROGRAM.

MANDATORY INFORMAL PRE-SUIT DISPUTE RESOLUTION AND CLASS ACTION WAIVER: PLEASE NOTE THAT THE TERMS OF SERVICE REQUIRE THAT DISPUTES BE RESOLVED THROUGH MANDATORY INFORMAL PRE-SUIT DISPUTE RESOLUTION IN NEW YORK, NEW YORK, PRECEDENT TO FILING ANY LAWSUIT, THAT YOU WAIVE ANY RIGHT TO A JURY TRIAL, AND THAT YOU WAIVE ANY RIGHT TO BRING CLASS ACTIONS AGAINST US. PLEASE REVIEW THE TERMS OF SERVICE FOR COMPLETE DETAILS REGARDING THE DISPUTE RESOLUTION PROCESS.

  1. PROGRAM ELIGIBILITY AND MEMBERSHIP

The COMMODITY.CIRCLE Loyalty Program (“COMMODITY.CIRCLE” or the “Program”) is a three-tiered loyalty and rewards program, with a basic Tier One (the “MEMBER”), a Tier Two (the “INSIDER”), and a Tier Three (the “VIP”), which is offered at the sole discretion of Commodity Fragrances, LLC. (“Commodity Fragrances”, “we”, “our” or “us”). There is no purchase, payment or credit card required to sign up for, join and/or participate in the basic Tier One of the Program. Members in the basic Tier One have the option to advance to Tiers Two or Three based on their purchases. To achieve a particular tier status, you must purchase the following value of products on our website:

Tier One = Opt-in

Tier Two = $150 - $300

Tier Three = $300+

Your tier status will reset to Tier One on a rolling 12 consecutive month basis, which 12 consecutive month basis is determined by your initial date of sign-up for the Program, and any accrued Points and/or unused rewards in your account at the time of such reset will be expired. By way of example, if you signed up for the Program on April 1, 2024, your Tier status would reset to Tier One on March 31, 2025, regardless of what Tier level you were in at that time.

To be eligible for participation in the Program, you must be a legal resident of the fifty (50) United States or District of Columbia and at least eighteen (18) years of age or older. We do not request or collect any personally identifiable information from any individuals who we know to be under the age of thirteen (13.), individuals under the age of sixteen (16) in California, or any individuals under the legal age of majority in the jurisdiction they reside (“Minimum Age”). Persons under the age of eighteen (18) are not eligible for participation in the Program. Persons who are at least eighteen (18) years old but considered under the legal age of majority in their legal state of residence (collectively, “Minors”) must obtain the consent of their parent or legal guardian prior to participation in the Program. The Program is available only to individuals for their personal use and is limited to one (1) account per individual. Employees of Commodity Fragrances and its subsidiaries, affiliates and divisions are eligible to participate in the Program only for personal use. The Program is void where prohibited or restricted by law.

By joining the Program and becoming an COMMODITY.CIRCLE member, you agree (or in the case of a Minor participant, the parent or legal guardian of such Minor must agree on the Minor's behalf) that you have read, understood and agree to be bound by these COMMODITY.CIRCLE Loyalty Program Terms and Conditions (“Terms”) and by any changes or modifications that we may make hereto as well as all other Terms of Service and policies incorporated by reference. Except as otherwise expressly prohibited or limited by applicable law, we reserve the right to revise, change, modify or limit these Terms at any time in our discretion with or without prior notice to you. You should review these Terms and the related FAQs frequently to understand the terms and conditions of the Program as they may change from time to time. When we make revisions or modifications to the Terms, related FAQs, or any other relevant policies or terms and conditions, they will be posted on the website at CommodityFragrances.com and will be effective immediately upon posting and will supersede all prior versions of these Terms and/or related FAQs. These Terms do not alter in any way the terms or conditions of any other agreement that you may have with us, including any agreement for products or services. By enrolling in the Program, you also agree to be bound by our website Privacy Policy  and website Terms of Service, which are incorporated herein by reference. Your continued participation in the Program after the posting of any revisions to its Terms and/or related FAQs shall confirm your acceptance of and agreement to be bound by the modified Terms and/or related FAQs, therefore you should periodically review them to be aware of any changes. If you do not agree to these Terms, our website Privacy Policy  and our website Terms of Service, you cannot participate in the Program. In the event of any conflict between these Terms and any other terms or policies incorporated herein by reference, these Terms shall govern as applicable to the Program.

  1. PROGRAM ENROLLMENT

2.1. Eligible individuals may enroll in the Program online by visiting CommodityFragrances.com. To enroll online, visit CommodityFragrances.com and follow the Program prompts to enroll by creating an online account. It is free to sign up for an account and to enroll in the basic Tier One of the Program. There is no requirement to make any payment or purchase or to provide any credit card information to sign up for a Program account and to enroll in the basic Tier One of the COMMODITY.CIRCLE Program.

2.2. To enroll in the Program, you may be required to provide any or all of the following: your first and last name, valid email address, and telephone number. You are solely responsible for maintaining the accuracy of your account information and for keeping it up to date as may be required. You may update your personal information through your online account or by contacting customer service at +1 (920) 696-9208 or at customerservice@commodityfragrances.com, five (5) days a week, between the hours of 9:00 AM to 5:00 PM Eastern Time.

2.3. Only one Program account may be associated with a single email address. In the event of a dispute over the ownership of a Program account membership, the Program member will be deemed to be the authorized account holder of the email address submitted at the time of Program enrollment. “Authorized account holder” is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. Enrolling or attempting to enroll in the Program multiple times through the use of multiple email addresses is prohibited and any such action will be cause for termination of your participation in the Program.

2.4 Members of the former COMMODITY.CIRCLE program have automatically been enrolled into basic Tier One (the “MEMBER”) level and the date of your enrollment into Tier One of the Program will serve as the operative date of your “sign up” for the Program for purposes of your Tier level reset to Tier One on a rolling 12 consecutive month basis from the date of your sign up for the Program.

2.5 Enrollment and participation in the Program are voluntary, optional and not required to complete any transaction or sale, including but not limited to, any credit or debit transaction.

  1. HOW THE PROGRAM WORKS/PROGRAM REWARDS.

3.1. The Program allows you to earn Points towards making Tier status and rewards/benefits associated with your Tier status based on participation in Program actions, such as but not limited to, creating your COMMODITY.CIRCLE account, sharing your birth date, following us on Social Media, building a wish list, making a qualifying purchase, leaving a product review, and/or participating in limited time COMMODITY.CIRCLE promotions or events. Program actions may be subject to change in our sole discretion and may be subject to limitations or restrictions. Some of the Program actions are detailed below. Once you earn a Tier status, you will be notified of your advancement to a next level Tier once it becomes effective and you may be eligible for certain benefits and to redeem rewards available to members of that Tier status. Each Tier status offers different benefits and rewards (some of which are detailed below), which benefits and rewards are offered at our sole discretion and may change from time to time with or without notice and may be offered on a limited basis. Visit our FAQs and Program dashboard page  to learn more about how to earn rewards and the benefits available to each Tier status.

3.2. For each Qualifying Purchase, you will earn 1 point for every $1.00 spent (rounded to the dollar). By way of example, if your total Qualifying Purchase comes to $25.00, you will earn 25 Points; if your total Qualifying Purchase comes to $25.99, it will be rounded to $25.00 and you will earn 25 Points.

3.2.1. To earn Program Points and any associated rewards/benefits for a Qualifying Purchase, you will be required to log-in before or at checkout: email address and passwords. Points cannot be earned from past purchases made prior to the Program launch; Program rewards cannot be applied towards past purchases made prior to the Program launch or prior to your enrollment in the Program.

3.2.2. To earn Program Points and any associated rewards/benefits for a Qualifying Purchase made online, you must be logged into your COMMODITY.CIRCLE account at the time of purchase. Points can be earned retroactively for online orders that have already been completed prior to logging into your COMMODITY.CIRCLE account, but cannot be applied retroactively. Program Points earned for online Qualifying Purchases will be pending until your order ships, at which point your Points will be issued to your COMMODITY.CIRCLE account. You can check for your available awards online at any time through your COMMODITY.CIRCLE account. Please allow approximately 14 days after a Qualifying Purchase for your COMMODITY.CIRCLE account to update to reflect your rewards earned.

3.3. If you return an item from a Qualifying Purchase for a refund to your original method of payment, the accumulated Points in your Program account will be reduced in an amount equal to the Points originally earned for that purchase. In the case of a multi-item purchase, which results in a partial return, the accumulated Points in your Program account will be reduced in an amount equal to the Points originally earned and attributable to the refunded items when first purchased. Points credited to your account will be decreased or reversed, as applicable, if all or part of your Qualifying Purchase is canceled or if a credit refund is obtained through fraudulent or other activity that violates these Terms. If you return an item from a Qualifying Purchase for a refund to your original method of payment, the redeemed Punchcard (I.e monetary or percentage) discount will be forfeited in full. In the case of a multi-item purchase, which results in a partial return, any remaining value from your original Punchcard amount is forfeited.

3.4. You may earn Program Points by submitting a product review on the Commodity Fragrances website. To submit a product review, visit your Rewards Page,  click the “write a review” link, complete all required fields and submit as directed. Your earned Points will be pending until such time as the review is posted on the product page. All product reviews must be truthful and accurately reflect your actual, honest opinion and experience regarding the reviewed product. In addition, all product reviews are subject to our Terms of Service and, by submitting your review, you agree to be bound by those Terms of Service. It is permissible but not required to include a photo or video with your review. If you do submit a photo or video, you must be at least 18 years of age or older (or the age of majority in your state of legal residence, whichever is older) and, if any third party is depicted in the photo or video, such third party must be over the age of majority in his/her state of legal residence. Videos may not exceed two (2) minutes in length or be larger than 2 GB and may not include a third party’s music, copyright or other artistic rights; photos cannot exceed 10MB. If you do submit a photo or video with your review, your submission constitutes your consent and release to our use of your photo/video and likeness as set forth in our Consent and Release Agreement for Use of Photo/Video and Likeness.

3.5. Program rewards and benefits may include shipping upgrades, such as free shipping on orders over a specific dollar amount or expedited shipping. Any such shipping benefits may vary by Tier status (see our Program dashboard page to learn more) and are subject to our Shipping .

3.6. Program Points, benefits and/or rewards have no cash value, cannot be sold and are non-transferable and you have no property rights in or to Points, rewards or other Program benefits. Program accounts, rewards or benefits cannot be transferred to, shared or combined with any other person or Program member. Only the Program member may accumulate rewards and benefits and only the Program member may redeem rewards that have accumulated in that member's account. The sale, barter, transfer or assignment of any reward or benefit offered through the Program, other than by us, is expressly prohibited and will be cause for termination of your participation in the Program, and any rewards or benefits offered by us under the Program are subject to change at any time in our sole discretion, without prior notice.

3.7. Rewards available through the Program are for personal use only and may not be sold or resold. We reserve the right, without notice, to cancel or reduce the quantity of any reward available through the Program at any time, in our sole discretion. We also reserve the right, without notice, to change Program benefits and ways in which rewards may be earned or redeemed at any time, in our sole discretion. We reserve the right to place limitations on the number of Qualifying Purchases that are eligible for the Program and/or the number or types of rewards that you may receive or earn during any given period of time or for the duration of the Program and/or any combination thereof.

3.8. We are not responsible for rewards that may be lost or redeemed as the result of any fraudulent activity.

3.9. We reserve the right to determine the rewards in any COMMODITY.CIRCLE member's account based upon our internal records related to such member's account. A member's rewards shall be deemed correct and accurate as reflected in our records and our good faith determination of the amount of rewards available to any member shall be final and binding.

If you have concerns regarding your COMMODITY.CIRCLE account activity, including, by way of example and not limitation, rewards earned for a Qualifying Purchase that have not been properly applied to your COMMODITY.CIRCLE account, please contact our customer service team by email at customerservice@commodityfragrances.com or by telephone at +1 (920) 696-9208, five (5) business days a week, between the hours of 9:00 AM to 5:00 PM Eastern Time. 

  1. COMMUNICATIONS

4.1. By enrolling in the Program, you will be automatically subscribed to receive marketing emails from Commodity Fragrances, including Program-related communications.

4.2. Promotional Email Consent: You may opt out of receiving marketing emails from Commodity Fragrances at any time by clicking the “unsubscribe” link in the email to manage your preferences or as otherwise provided in the Commodity Fragrances Privacy .

4.3. Promotional Text Message Consent: If you do not wish to receive text messages, you agree to reply STOP or UNSUBSCRIBE to any mobile message from Commodity Fragrances or sent on behalf of Commodity Fragrances in order to opt out of the promotional text message program. You may receive an additional text message confirming your decision to opt out. You understand and agree that the foregoing options are reasonable methods of opting out and are the exclusive means of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above, sending an email, or verbally requesting one of our employees to remove you from our list, are not reasonable means of opting out.

4.4. Duty to Notify and Indemnify: You represent and warrant that you are the subscriber and/or the regular user of the mobile telephone number that you provided to us. If at any time you intend to stop using the mobile telephone number that you provided to us, including canceling your service plan or selling or transferring the mobile telephone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these Terms. You further agree that, if you discontinue the use of your mobile telephone number without notifying us of such change, you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by us, or any party that assists in the delivery of the text messages, as a result of claims brought by any individual(s) later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of these Terms and/or the Program.

YOU AGREE THAT YOU SHALL INDEMNIFY, AND HOLD US HARMLESS FROM ANY CLAIM DEMAND, DAMAGES, PENALTIES, FINES, COSTS, AMOUNTS PAID IN SETTLEMENT, LIABILITIES, OBLIGATIONS, TAXES, LIENS, LOSSES, EXPENSES, FEES AND COURT COSTS AND REASONABLE ATTORNEYS’ FEES AND EXPENSES RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED OR FROM YOUR PROVISION OF A MOBILE TELEPHONE NUMBER FOR WHICH YOU ARE NEITHER THE SUBSCRIBER OR USER, 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.

4.5. Prohibited Content: You acknowledge and agree to not send any prohibited content over the text message platform. Prohibited content includes: any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity; objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age; pirated computer programs, viruses, worms, Trojan horses, or other harmful code; any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received; any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITECH” Act); and any other content that is prohibited by applicable law in the jurisdiction from which the message is sent.

  1. PRIVACY

We respect your privacy and take reasonable steps towards protecting your privacy online and managing your information responsibly. The personal information that we collect from you in connection with the Program is subject to our Privacy  and will be used and disclosed by us for the purpose of administration of the Program, providing you with any rewards or benefits that you redeem under the Program, marketing in connection with the Program, other marketing communications that you have opted in to receive and as otherwise permitted by our Privacy .

California and Colorado residents: Under California law, the Program may be considered a “financial incentive”. Under Colorado law, the Program may be considered a “Bona Fide Loyalty Program”. To view our Notice of Financial Incentives & Non-Discrimination/Bona Fide Loyalty Program, see our Privacy .

  1. PROGRAM TERMINATION, CANCELLATION OR MODIFICATION

6.1. The Program and its benefits are offered at Commodity Fragrances's sole discretion. We may terminate, cancel, modify or restrict these Terms and/or the Program or any aspect of it at any time, in our sole discretion and with or without prior notice to you, even if any such actions by us may affect the value of rewards or benefits already accumulated or earned and/or the ability to redeem earned rewards that had already accumulated.

6.2. If you decide that you no longer want to participate in the Program, whether as a member of the basic Tier One (the "MEMBER"), Tier Two (the “INSDER”), or Tier Three (the “VIP”), as applicable, you may cancel your membership at any time by contacting our customer service team at +1 (920) 696-9208 or email at customerservice@commodityfragrances.com, five (5) days a week, between the hours of 9:00 AM to 5:00 PM Eastern Time. Any accrued Points and/or unused rewards will be forfeited and expire immediately upon your membership cancellation.

6.3. We reserve the right, in our sole discretion, to terminate any member from the Program for any reason, including but not limited to, a member's failure to comply with these Terms, the Terms of Service of the Commodity Fragrances Website, any suspected abuse of the Program, illegal activity, fraud or other conduct that we may deem to be inconsistent with these Terms and/or the Program.

6.4. If your membership in the Program is canceled by you or terminated by us, all Program benefits and unused rewards will be forfeited and you will lose all accrued Points and unused rewards and benefits in your COMMODITY.CIRCLE account immediately at the time of such cancellation or termination. Notwithstanding the above, promotional coupon codes that are (1) unused and (2) not expired, are still valid.

7.DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

Your consent and agreement to the following disclaimers and limitations is a material inducement for us to permit you to participate in the Program. To the fullest extent permitted by applicable law, your participation in the Program, and our obligations and liabilities in respect thereto, is expressly limited as follows:

7.1. EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, YOU HEREBY UNDERSTAND AND AGREE THAT THE PROGRAM AND ANY REWARDS OR BENEFITS ASSOCIATED THEREWITH ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY WHATSOEVER. TO THE FULLEST EXTENT PERMITTED BY LAW AND EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, NEITHER COMMODITY FRAGRANCES NOR ITS SUBSIDIARIES, AFFILIATES, PARTNERS OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS OR THE PROGRAM OR ANY OF THE REWARDS OR BENEFITS ASSOCIATED WITH THE PROGRAM, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

7.2. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER COMMODITY FRAGRANCES NOR ITS SUBSIDIARIES, AFFILIATES, PARTNERS OR LICENSORS WILL BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT OR OTHERWISE) UNDER ANY CIRCUMSTANCES FOR ANY: (A) ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN THE CONTENT OF THESE TERMS, THE PROGRAM AND/OR ANY REWARDS OR BENEFITS ASSOCIATED WITH THE PROGRAM; (B) PERSONAL INJURY, PROPERTY DAMAGE OR LOSS, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR PARTICIPATION IN THE PROGRAM AND/OR YOUR REDEMPTION OR USE OF ANY REWARD OR BENEFIT UNDER THE PROGRAM; (C) INTERRUPTION OF BUSINESS; (D) DELAYS OR INTERRUPTION IN ACCESS TO THE PROGRAM; (E) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVERS THAT HOST THIS SITE OR ANY THIRD PARTY SITE(S) AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (F) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THIS SITE OR THIRD PARTY SITE(S), (G) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE COMMODITY FRAGRANCES SITE OR ANY THIRD PARTY SITE(S) ASSOCIATED WITH THE PROGRAM AND/OR ANY REWARDS OR BENEFITS ASSOCIATED THEREWITH; (H) DATA NON-DELIVERY, LOSS, THEFT, MISDIRECTION, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; OR (I) EVENTS BEYOND OUR REASONABLE CONTROL.

7.3. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER COMMODITY FRAGRANCES NOR ITS SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSORS, OR PERSONS OR ENTITIES WHICH THE SAME ARE IN PRIVITY WITH AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS WILL BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE PROGRAM AND/OR YOUR PARTICIPATION IN THE PROGRAM AND/OR YOUR REDEMPTION OR USE OF ANY PROGRAM REWARD OR BENEFIT, REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00).

7.4. YOU AGREE THAT NO CLAIMS OR CAUSES OF ACTION ARISING OUT OF, OR RELATED TO, THESE TERMS, YOUR PARTICIPATION IN THE PROGRAM AND/OR YOUR REDEMPTION OR USE OF ANY REWARD OR BENEFIT UNDER THE PROGRAM, MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE. TO THE EXTENT PERMITTED BY LAW, IF YOU HAVE A DISPUTE WITH US REGARDING THE PROGRAM OR ARE DISSATISFIED WITH THE PROGRAM, YOUR SOLE REMEDY SHALL BE TERMINATION OF YOUR MEMBERSHIP IN THE PROGRAM AND WE SHALL HAVE NO OTHER OBLIGATION, LIABILITY OR RESPONSIBILITY TO YOU, EXCEPT AS SET FORTH IN SECTION 7.3 ABOVE.

  1. INDEMNIFICATION

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS COMMODITY FRAGRANCES, ITS SUBSIDIARIES, AFFILIATES, PARTNERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, VENDORS, MANUFACTURERS AND DISTRIBUTORS FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, ACTIONS, DEMANDS, CHARGES, COMPLAINTS, DAMAGES, LOSSES, LIABILITIES, COSTS AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS' FEES), ARISING FROM OR IN CONNECTION WITH (I) YOUR PARTICIPATION IN THE PROGRAM, (II) YOUR REDEMPTION OR USE OF ANY REWARDS OR BENEFITS ASSOCIATED WITH THE PROGRAM, AND/OR (III) YOUR BREACH OF ANY OF THESE TERMS. WE RESERVE THE RIGHT TO TAKE EXCLUSIVE CONTROL AND DEFENSE OF ANY CLAIM SUBJECT TO THIS INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL COOPERATE FULLY WITH US IN ASSERTING ANY AND ALL AVAILABLE DEFENSES.

  1. GOVERNING LAW

The Program and any dispute arising out of or in connection with the Program including these Terms shall be governed by and construed in accordance with the laws of the State of New York without giving effect to any conflict of law provisions.

  1. NOTICE TO NEW JERSEY RESIDENTS

If you are a consumer residing in New Jersey, the following provisions of this Terms do not apply to you (and do not limit any rights that you may have) to the extent that they are unenforceable under New Jersey law: (a) in Section 7.3 above, the disclaimer of liability for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind and the limitation of liability for lost profits, damage, loss or injury (for example, to the extent unenforceable under the New Jersey Punitive Damages Act, New Jersey Products Liability Act, New Jersey Uniform Commercial Code or New Jersey Consumer Fraud Act; (b) in Section 7.3 above, application of the limitations of liability to the recovery of damages that arise under contract, tort or any other theory (for example, to the extent such damages are recoverable by a consumer under New Jersey law, including the New Jersey Products Liability Act); (c) in Section 8 above, the requirement that you indemnify Commodity Fragrances (for example, to the extent the scope of such indemnity is prohibited under New Jersey law); and (d) in Section 9.1 above, the New York governing law provision (for example, to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law).

  1. CUSTOMER SERVICE

For information about the Program or your membership, contact our customer service team via email email at customerservice@commodityfragrances.com or by telephone at +1 (920) 696-9208, five (5) days a week, between the hours of 9:00 AM through 5:00 PM Eastern Time. Please also visit our FAQs for answers to frequently asked questions about the Program.

 

Policies

Privacy

This Privacy Policy describes how your personal information is collected, used, and shared when you visit or make a purchase from CommodityFragrances.com (the “Site”).


Personal information we collect

When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information”.

We collect Device Information using the following technologies:
- “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.
- “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
- “Web beacons”, “tags”, and “pixels” are electronic files used to record information about how you browse the Site.

Additionally, when you make a purchase or attempt to make a purchase through the Site, we collect certain information from you, including your name, billing address, shipping address, payment information (including credit card numbers [[INSERT ANY OTHER PAYMENT TYPES ACCEPTED]]), email address, and phone number. We refer to this information as “Order Information”.

When we talk about “Personal Information” in this Privacy Policy, we are talking both about Device Information and Order Information.



How do we use your personal information?

We use the Order Information that we collect generally to fulfill any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to:
- Communicate with you;
- Screen our orders for potential risk or fraud; and
- When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.

We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).


Sharing your personal Information

We share your Personal Information with third parties to help us use your Personal Information, as described above. For example, we use Shopify to power our online store--you can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy. We also use Google Analytics to help us understand how our customers use the Site -- you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.

Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful requests for information we receive, or to otherwise protect our rights.

SMS Privacy

We respect your privacy. We will only use information you provide to transmit your mobile messages and respond to you, if necessary. This includes sharing information with our program partners, message content providers, phone companies, and vendors who assist us in the delivery of mobile messages. EXCEPT AS SET FORTH IN THIS SECTION, WE DO NOT SELL, RENT, LOAN, TRADE, LEASE OR OTHERWISE TRANSFER FOR PROFIT ANY PHONE NUMBERS OR CUSTOMER INFORMATION COLLECTED THROUGH PROGRAMS TO ANY THIRD PARTY. Nonetheless, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect our rights or property. When you complete forms online or otherwise provide us information in connection with SMS, you agree to provide accurate, complete, and true information. You agree not to use a false or misleading name, mobile number or a name or mobile number that you are not authorized to use. If in our sole discretion, we believe that any such information is untrue, inaccurate, or incomplete, or you have opted into SMS for an ulterior purpose, we may refuse you access to SMS and pursue any appropriate legal remedies.


Behavioral advertising

As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.

You can opt out of targeted advertising by using the links below:
- Facebook: https://www.facebook.com/settings/?tab=ads
- Google: https://www.google.com/settings/ads/anonymous
- Bing: https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads

Additionally, you can opt-out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.


Do not track

Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.


Your rights

If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below.

Additionally, if you are a European resident we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States.


Data retention

When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information.


Changes

We may update this privacy policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons.


Contact us

For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e‑mail: customerservice@commodityfragrances.com

Returns

 


RETURNS

Not all Commodity products can be returned.

Non-refundables are final sale and cannot be refunded or returned. Please read below Non-Refundables section for more information.

Eligible, returnable products (10mls, 2x30mls and 100mls) can be returned if they were purchased from our website and meet the below Return Conditions.

Unless the goods are faulty or have been incorrectly shipped, customers are responsible for the return costs and any fees associated with the return. This is a $10 flat fee for customers within the US.

*We do not provide refunds or accept returns for products that were not purchased on our website. Please contact the original retailer from which you purchased.

RETURN LABELS

For the return of orders within the US: If your return meets the below Return Conditions, please use our Loop Return Center link to start your return: https://commodity-fragrances-us.loopreturns.com/#/

For the return of orders outside the US: If your return meets the below Return Conditions, please create your own shipping label and mail to the address of: 291 S Van Brunt Street Englewood, NJ 07631, USA.

 

RETURN CONDITIONS

Please note: All individual samples and sample sets are non-refundable, non-returnable and final sale. Please see the below Non-refundables section for further clarification.  

All fragrances (10mls, 2x30mls and 100mls) can be returned for a full refund provided that they are: (1) returned to us in full within the 14-day window and (2) returned to us in their original condition, unopened and unused, with the cellophane intact.

In the case of the 30ml Duo Set (2x30mls), 30mls are not sold individually and thereby must both be returned together for a full refund. We do not offer partial refunds. 

We will not accept the return or replacement of products whose cellophane has been opened. If you are unsure if you will like the 10ml, 2x30mls, or 100ml fragrance, please try it in a Discovery Kit first.

Returns that do not meet our Return Conditions will be deemed unacceptable and result in store credit.

 

REWARDS

By returning any purchase in which you redeemed or earned any type of Commodity.Circle reward (points, discounts, tier status, etc), you are automatically forfeiting the reward.

 

NON-REFUNDABLES

The following items are final sale and not eligible for return or exchange:

  • Exploration Kit
  • Personal Discovery Kit
  • Expressive Discovery Kit
  • Bold Discovery Kit
  • Scent Space Kit (Book, Gold, Velvet, Moss, Paper, Milk)
  • Archive Collection Discovery Kit
  • Any Free items or items Gifted with a purchase
  • Individual 30ml (purchased in 30ml Duo Set, i.e. 2x30ml set)

 

Shipping fees, including Customs fees, paid to deliver the order are also non-refundable.

 

EXCHANGES

Unfortunately, we cannot offer exchanges at this time. If your product meets our Return Conditions, please return your product and then place new order.

 

DAMAGES

Our fragrances come in glass bottles. Please handle them with care. In the unlikely event that your product arrives damaged, please contact Customer Service as soon as possible. Thereafter, it is the customer's responsibility to maintain the product.

 

"DELIVERED" BUT NOT RECEIVED OR INCOMPLETE PACKAGES

Should your order be marked as "delivered" by the carrier but is not received, or if it appears to be missing items upon arrival, please contact Customer Service immediately.

If we determine your order to be lost, undelivered, or incomplete, we will send you a replacement or the missing items. By agreeing to receive this replacement or the missing items, you are waiving your rights to a monetary refund should you decide to return this replacement item or items. Store credit will be issued instead.

 

REFUNDS

We will issue a refund/replacement once the returned item is received, granted that it meets our Return Conditions (please see the Return Condition section for more information). Refunds will be issued to the original payment method you used on CommodityFragrances.com within 5 to 10 business days of the return being received.

Damaged or unacceptable returns may result in store credit. 

Any return requests made after 14 days from fulfillment date will not be refunded.

 

Shipping

 

We’re excited to get your order out! 

Please note: Every shipping price mentioned on this page is in USD ($). We ship to all countries, but have a few restrictions when it comes to your delivery address; see the Shipping Restrictions section below for more information.

 

SHIPPING OPTIONS

USA

Free Standard Shipping on orders over $100

ORDER VALUE
STANDARD SERVICE
EXPRESS SERVICE
Orders less than $50 $8.50 $20.00
Orders of $50-$100 $10.00 $20.00
Orders of $100+ FREE $20.00

 

CANADA

Free Shipping on orders over $250

ORDER VALUE
STANDARD SERVICE
DUTIES & VAT

Orders less than $250

$35.00

Not Included

Orders of $250+

FREE

Not Included

 

INTERNATIONAL*

Free Shipping on orders over $500

(*Not including the UKEU, and AU)

ORDER VALUE
STANDARD SERVICE
DUTIES & VAT

Orders less than $500

$55.00

Not Included

Orders of $500+

FREE

Not Included


SHIPPING RESTRICTIONS

 

*Please note that orders will only ship in full. Any order containing a pre-ordered product will be delayed in its entirety.

Unfortunately, we do not ship Express Service Orders to PO Boxes. Similarly, we also cannot ship Standard Service Orders over $150.00 USD to PO Boxes as signatures are required.


SHIPPING TIMELINES

 

*Please note that shipping time does not include the processing time. 

It can take up to 2 business days to process your order (excluding weekends, holidays and holiday observance days).  During certain high-volume times (promotions, holiday seasons, etc.) it may take us an additional 24-48 hours (excluding weekends, holiday and holiday observance days) to process and ship your order. Other factors that may delay your order include severe weather, emergency situations, and additional security verification.

From there, Standard Shipping within the continental U.S can take up to 7 business days. Standard Shipping for non-continental U.S orders (i.e. Alaska, Hawaii, and any International destination) can take up to 4 weeks for delivery. Expedited Shipping can take anywhere from 2-4 business days (continental U.S only.)

Once your order has shipped, we'll send you an e-mail with the tracking number. Just click on the link to go to the carrier's website, where you can track the progress of your shipment. It may take 72 hours, or more, for your tracking number to be activated on our carrier's site.

We want to give you the best possible shopping experience and we know processing and transit time is a big part of that, so we are constantly reviewing and updating our process to make it better and quicker in regards to getting orders shipped and delivered.

 

TAXES (VAT), DUTIES, AND OTHER MISC. SHIPPING FEES

 

Prices displayed on the website do not include Taxes (VAT), Duties, and any other Shipping Fees.

Customers are responsible for any Taxes (VAT), Duties, and any other Shipping Fees are charged to receive an order outside of the US. 

These costs will be presented at checkout and included in the final amount of your order in order to ensure a hassle-free delivery experience.

*Shipping fees are non-refundable

REDIRECTING SHIPMENTS

 

Please make sure your shipping address is correct. We cannot redirect or cancel orders once they have been dispatched.

 

SHIPMENT CANCELLATIONS

 

We do our best to fulfill all orders; however, we reserve the right to accept, decline, or cancel your order (in whole or in part) for any reason and at any time after receipt of your order. We may require additional verifications of information before shipping any order. Your order is not accepted until it is shipped.

In the event your order is cancelled, a customer service representative will promptly inform you via customerservice@commodityfragrances.com and assist you with placing a successful order.

Terms of Service
OVERVIEW

This website is operated by Commodity US. Throughout the site, the terms “we”, “us” and “our” refer to Commodity US. Commodity US offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.


SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.


SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.


SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.


SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.


SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.


SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.


SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.


SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.


SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.


SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 11 - MOBILE MESSAGING SERVICE

The Commodity mobile message service (the "Service") is operated by Commodity (“Commodity”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. We may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.

Text messages may be sent using an automatic telephone dialing system or other technology. Your consent to receive autodialed marketing text messages is not required as a condition of purchasing any goods or services. If you have opted in, the Service provides updates, alerts, information, promotions, specials, and other marketing offers (e.g., cart reminders) from Commodity via text messages through your wireless provider to the mobile number you provided. Message frequency varies. Text the single keyword command STOP to +1 (833) 575-1952 to cancel at any time. You'll receive a one-time opt-out confirmation text message. If you have subscribed to other Commodity mobile message programs and wish to cancel, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, text HELP to +1 (833) 575-1952 or email customerservice@commodityfragrances.com.

We may change any telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. You agree to maintain accurate, complete, and up-to-date information with us related to your receipt of messages, including, without limitation, notifying us immediately if you change your mobile number. 

You agree to indemnify, defend, and hold us harmless from any third-party claims, liability, damages or costs arising from your use of the Service or from you providing us with a phone number that is not your own.

You agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not.


SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.


SECTION 13 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.


SECTION 14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall CommodityUS, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.


SECTION 15 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless CommodityUS and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.


SECTION 16 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.


SECTION 17 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).


SECTION 18 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.


SECTION 19 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States.


SECTION 20 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.


SECTION 21 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at customerservice@commodityfragrances.com.

Commodity.Circle

COMMODITY.CIRCLE LOYALTY PROGRAM TERMS AND CONDITIONS

 

Last updated: Jan 22, 2024 

 

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE PARTICIPATING IN THE COMMODITY.CIRCLE LOYALTY PROGRAM. YOUR PARTICIPATION IN THIS PROGRAM CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE AND AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS, THE COMMODITY FRAGRANCES WEBSITE TERMS OF SERVICE, AND COLLECTION AND USE OF YOUR INFORMATION AS SET FORTH IN OUR PRIVACY , ALL OF WHICH ARE INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT ACCEPT THESE TERMS, THE TERMS OF SERVICE OR OUR PRIVACY , DO NOT PARTICIPATE IN THIS PROGRAM.

MANDATORY INFORMAL PRE-SUIT DISPUTE RESOLUTION AND CLASS ACTION WAIVER: PLEASE NOTE THAT THE TERMS OF SERVICE REQUIRE THAT DISPUTES BE RESOLVED THROUGH MANDATORY INFORMAL PRE-SUIT DISPUTE RESOLUTION IN NEW YORK, NEW YORK, PRECEDENT TO FILING ANY LAWSUIT, THAT YOU WAIVE ANY RIGHT TO A JURY TRIAL, AND THAT YOU WAIVE ANY RIGHT TO BRING CLASS ACTIONS AGAINST US. PLEASE REVIEW THE TERMS OF SERVICE FOR COMPLETE DETAILS REGARDING THE DISPUTE RESOLUTION PROCESS.

  1. PROGRAM ELIGIBILITY AND MEMBERSHIP

The COMMODITY.CIRCLE Loyalty Program (“COMMODITY.CIRCLE” or the “Program”) is a three-tiered loyalty and rewards program, with a basic Tier One (the “MEMBER”), a Tier Two (the “INSIDER”), and a Tier Three (the “VIP”), which is offered at the sole discretion of Commodity Fragrances, LLC. (“Commodity Fragrances”, “we”, “our” or “us”). There is no purchase, payment or credit card required to sign up for, join and/or participate in the basic Tier One of the Program. Members in the basic Tier One have the option to advance to Tiers Two or Three based on their purchases. To achieve a particular tier status, you must purchase the following value of products on our website:

Tier One = Opt-in

Tier Two = $150 - $300

Tier Three = $300+

Your tier status will reset to Tier One on a rolling 12 consecutive month basis, which 12 consecutive month basis is determined by your initial date of sign-up for the Program, and any accrued Points and/or unused rewards in your account at the time of such reset will be expired. By way of example, if you signed up for the Program on April 1, 2024, your Tier status would reset to Tier One on March 31, 2025, regardless of what Tier level you were in at that time.

To be eligible for participation in the Program, you must be a legal resident of the fifty (50) United States or District of Columbia and at least eighteen (18) years of age or older. We do not request or collect any personally identifiable information from any individuals who we know to be under the age of thirteen (13.), individuals under the age of sixteen (16) in California, or any individuals under the legal age of majority in the jurisdiction they reside (“Minimum Age”). Persons under the age of eighteen (18) are not eligible for participation in the Program. Persons who are at least eighteen (18) years old but considered under the legal age of majority in their legal state of residence (collectively, “Minors”) must obtain the consent of their parent or legal guardian prior to participation in the Program. The Program is available only to individuals for their personal use and is limited to one (1) account per individual. Employees of Commodity Fragrances and its subsidiaries, affiliates and divisions are eligible to participate in the Program only for personal use. The Program is void where prohibited or restricted by law.

By joining the Program and becoming an COMMODITY.CIRCLE member, you agree (or in the case of a Minor participant, the parent or legal guardian of such Minor must agree on the Minor's behalf) that you have read, understood and agree to be bound by these COMMODITY.CIRCLE Loyalty Program Terms and Conditions (“Terms”) and by any changes or modifications that we may make hereto as well as all other Terms of Service and policies incorporated by reference. Except as otherwise expressly prohibited or limited by applicable law, we reserve the right to revise, change, modify or limit these Terms at any time in our discretion with or without prior notice to you. You should review these Terms and the related FAQs frequently to understand the terms and conditions of the Program as they may change from time to time. When we make revisions or modifications to the Terms, related FAQs, or any other relevant policies or terms and conditions, they will be posted on the website at CommodityFragrances.com and will be effective immediately upon posting and will supersede all prior versions of these Terms and/or related FAQs. These Terms do not alter in any way the terms or conditions of any other agreement that you may have with us, including any agreement for products or services. By enrolling in the Program, you also agree to be bound by our website Privacy Policy  and website Terms of Service, which are incorporated herein by reference. Your continued participation in the Program after the posting of any revisions to its Terms and/or related FAQs shall confirm your acceptance of and agreement to be bound by the modified Terms and/or related FAQs, therefore you should periodically review them to be aware of any changes. If you do not agree to these Terms, our website Privacy Policy  and our website Terms of Service, you cannot participate in the Program. In the event of any conflict between these Terms and any other terms or policies incorporated herein by reference, these Terms shall govern as applicable to the Program.

  1. PROGRAM ENROLLMENT

2.1. Eligible individuals may enroll in the Program online by visiting CommodityFragrances.com. To enroll online, visit CommodityFragrances.com and follow the Program prompts to enroll by creating an online account. It is free to sign up for an account and to enroll in the basic Tier One of the Program. There is no requirement to make any payment or purchase or to provide any credit card information to sign up for a Program account and to enroll in the basic Tier One of the COMMODITY.CIRCLE Program.

2.2. To enroll in the Program, you may be required to provide any or all of the following: your first and last name, valid email address, and telephone number. You are solely responsible for maintaining the accuracy of your account information and for keeping it up to date as may be required. You may update your personal information through your online account or by contacting customer service at +1 (920) 696-9208 or at customerservice@commodityfragrances.com, five (5) days a week, between the hours of 9:00 AM to 5:00 PM Eastern Time.

2.3. Only one Program account may be associated with a single email address. In the event of a dispute over the ownership of a Program account membership, the Program member will be deemed to be the authorized account holder of the email address submitted at the time of Program enrollment. “Authorized account holder” is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. Enrolling or attempting to enroll in the Program multiple times through the use of multiple email addresses is prohibited and any such action will be cause for termination of your participation in the Program.

2.4 Members of the former COMMODITY.CIRCLE program have automatically been enrolled into basic Tier One (the “MEMBER”) level and the date of your enrollment into Tier One of the Program will serve as the operative date of your “sign up” for the Program for purposes of your Tier level reset to Tier One on a rolling 12 consecutive month basis from the date of your sign up for the Program.

2.5 Enrollment and participation in the Program are voluntary, optional and not required to complete any transaction or sale, including but not limited to, any credit or debit transaction.

  1. HOW THE PROGRAM WORKS/PROGRAM REWARDS.

3.1. The Program allows you to earn Points towards making Tier status and rewards/benefits associated with your Tier status based on participation in Program actions, such as but not limited to, creating your COMMODITY.CIRCLE account, sharing your birth date, following us on Social Media, building a wish list, making a qualifying purchase, leaving a product review, and/or participating in limited time COMMODITY.CIRCLE promotions or events. Program actions may be subject to change in our sole discretion and may be subject to limitations or restrictions. Some of the Program actions are detailed below. Once you earn a Tier status, you will be notified of your advancement to a next level Tier once it becomes effective and you may be eligible for certain benefits and to redeem rewards available to members of that Tier status. Each Tier status offers different benefits and rewards (some of which are detailed below), which benefits and rewards are offered at our sole discretion and may change from time to time with or without notice and may be offered on a limited basis. Visit our FAQs and Program dashboard page  to learn more about how to earn rewards and the benefits available to each Tier status.

3.2. For each Qualifying Purchase, you will earn 1 point for every $1.00 spent (rounded to the dollar). By way of example, if your total Qualifying Purchase comes to $25.00, you will earn 25 Points; if your total Qualifying Purchase comes to $25.99, it will be rounded to $25.00 and you will earn 25 Points.

3.2.1. To earn Program Points and any associated rewards/benefits for a Qualifying Purchase, you will be required to log-in before or at checkout: email address and passwords. Points cannot be earned from past purchases made prior to the Program launch; Program rewards cannot be applied towards past purchases made prior to the Program launch or prior to your enrollment in the Program.

3.2.2. To earn Program Points and any associated rewards/benefits for a Qualifying Purchase made online, you must be logged into your COMMODITY.CIRCLE account at the time of purchase. Points can be earned retroactively for online orders that have already been completed prior to logging into your COMMODITY.CIRCLE account, but cannot be applied retroactively. Program Points earned for online Qualifying Purchases will be pending until your order ships, at which point your Points will be issued to your COMMODITY.CIRCLE account. You can check for your available awards online at any time through your COMMODITY.CIRCLE account. Please allow approximately 14 days after a Qualifying Purchase for your COMMODITY.CIRCLE account to update to reflect your rewards earned.

3.3. If you return an item from a Qualifying Purchase for a refund to your original method of payment, the accumulated Points in your Program account will be reduced in an amount equal to the Points originally earned for that purchase. In the case of a multi-item purchase, which results in a partial return, the accumulated Points in your Program account will be reduced in an amount equal to the Points originally earned and attributable to the refunded items when first purchased. Points credited to your account will be decreased or reversed, as applicable, if all or part of your Qualifying Purchase is canceled or if a credit refund is obtained through fraudulent or other activity that violates these Terms. If you return an item from a Qualifying Purchase for a refund to your original method of payment, the redeemed Punchcard (I.e monetary or percentage) discount will be forfeited in full. In the case of a multi-item purchase, which results in a partial return, any remaining value from your original Punchcard amount is forfeited.

3.4. You may earn Program Points by submitting a product review on the Commodity Fragrances website. To submit a product review, visit your Rewards Page,  click the “write a review” link, complete all required fields and submit as directed. Your earned Points will be pending until such time as the review is posted on the product page. All product reviews must be truthful and accurately reflect your actual, honest opinion and experience regarding the reviewed product. In addition, all product reviews are subject to our Terms of Service and, by submitting your review, you agree to be bound by those Terms of Service. It is permissible but not required to include a photo or video with your review. If you do submit a photo or video, you must be at least 18 years of age or older (or the age of majority in your state of legal residence, whichever is older) and, if any third party is depicted in the photo or video, such third party must be over the age of majority in his/her state of legal residence. Videos may not exceed two (2) minutes in length or be larger than 2 GB and may not include a third party’s music, copyright or other artistic rights; photos cannot exceed 10MB. If you do submit a photo or video with your review, your submission constitutes your consent and release to our use of your photo/video and likeness as set forth in our Consent and Release Agreement for Use of Photo/Video and Likeness.

3.5. Program rewards and benefits may include shipping upgrades, such as free shipping on orders over a specific dollar amount or expedited shipping. Any such shipping benefits may vary by Tier status (see our Program dashboard page to learn more) and are subject to our Shipping .

3.6. Program Points, benefits and/or rewards have no cash value, cannot be sold and are non-transferable and you have no property rights in or to Points, rewards or other Program benefits. Program accounts, rewards or benefits cannot be transferred to, shared or combined with any other person or Program member. Only the Program member may accumulate rewards and benefits and only the Program member may redeem rewards that have accumulated in that member's account. The sale, barter, transfer or assignment of any reward or benefit offered through the Program, other than by us, is expressly prohibited and will be cause for termination of your participation in the Program, and any rewards or benefits offered by us under the Program are subject to change at any time in our sole discretion, without prior notice.

3.7. Rewards available through the Program are for personal use only and may not be sold or resold. We reserve the right, without notice, to cancel or reduce the quantity of any reward available through the Program at any time, in our sole discretion. We also reserve the right, without notice, to change Program benefits and ways in which rewards may be earned or redeemed at any time, in our sole discretion. We reserve the right to place limitations on the number of Qualifying Purchases that are eligible for the Program and/or the number or types of rewards that you may receive or earn during any given period of time or for the duration of the Program and/or any combination thereof.

3.8. We are not responsible for rewards that may be lost or redeemed as the result of any fraudulent activity.

3.9. We reserve the right to determine the rewards in any COMMODITY.CIRCLE member's account based upon our internal records related to such member's account. A member's rewards shall be deemed correct and accurate as reflected in our records and our good faith determination of the amount of rewards available to any member shall be final and binding.

If you have concerns regarding your COMMODITY.CIRCLE account activity, including, by way of example and not limitation, rewards earned for a Qualifying Purchase that have not been properly applied to your COMMODITY.CIRCLE account, please contact our customer service team by email at customerservice@commodityfragrances.com or by telephone at +1 (920) 696-9208, five (5) business days a week, between the hours of 9:00 AM to 5:00 PM Eastern Time. 

  1. COMMUNICATIONS

4.1. By enrolling in the Program, you will be automatically subscribed to receive marketing emails from Commodity Fragrances, including Program-related communications.

4.2. Promotional Email Consent: You may opt out of receiving marketing emails from Commodity Fragrances at any time by clicking the “unsubscribe” link in the email to manage your preferences or as otherwise provided in the Commodity Fragrances Privacy .

4.3. Promotional Text Message Consent: If you do not wish to receive text messages, you agree to reply STOP or UNSUBSCRIBE to any mobile message from Commodity Fragrances or sent on behalf of Commodity Fragrances in order to opt out of the promotional text message program. You may receive an additional text message confirming your decision to opt out. You understand and agree that the foregoing options are reasonable methods of opting out and are the exclusive means of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above, sending an email, or verbally requesting one of our employees to remove you from our list, are not reasonable means of opting out.

4.4. Duty to Notify and Indemnify: You represent and warrant that you are the subscriber and/or the regular user of the mobile telephone number that you provided to us. If at any time you intend to stop using the mobile telephone number that you provided to us, including canceling your service plan or selling or transferring the mobile telephone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these Terms. You further agree that, if you discontinue the use of your mobile telephone number without notifying us of such change, you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by us, or any party that assists in the delivery of the text messages, as a result of claims brought by any individual(s) later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of these Terms and/or the Program.

YOU AGREE THAT YOU SHALL INDEMNIFY, AND HOLD US HARMLESS FROM ANY CLAIM DEMAND, DAMAGES, PENALTIES, FINES, COSTS, AMOUNTS PAID IN SETTLEMENT, LIABILITIES, OBLIGATIONS, TAXES, LIENS, LOSSES, EXPENSES, FEES AND COURT COSTS AND REASONABLE ATTORNEYS’ FEES AND EXPENSES RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED OR FROM YOUR PROVISION OF A MOBILE TELEPHONE NUMBER FOR WHICH YOU ARE NEITHER THE SUBSCRIBER OR USER, 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.

4.5. Prohibited Content: You acknowledge and agree to not send any prohibited content over the text message platform. Prohibited content includes: any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity; objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age; pirated computer programs, viruses, worms, Trojan horses, or other harmful code; any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received; any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITECH” Act); and any other content that is prohibited by applicable law in the jurisdiction from which the message is sent.

  1. PRIVACY

We respect your privacy and take reasonable steps towards protecting your privacy online and managing your information responsibly. The personal information that we collect from you in connection with the Program is subject to our Privacy  and will be used and disclosed by us for the purpose of administration of the Program, providing you with any rewards or benefits that you redeem under the Program, marketing in connection with the Program, other marketing communications that you have opted in to receive and as otherwise permitted by our Privacy .

California and Colorado residents: Under California law, the Program may be considered a “financial incentive”. Under Colorado law, the Program may be considered a “Bona Fide Loyalty Program”. To view our Notice of Financial Incentives & Non-Discrimination/Bona Fide Loyalty Program, see our Privacy .

  1. PROGRAM TERMINATION, CANCELLATION OR MODIFICATION

6.1. The Program and its benefits are offered at Commodity Fragrances's sole discretion. We may terminate, cancel, modify or restrict these Terms and/or the Program or any aspect of it at any time, in our sole discretion and with or without prior notice to you, even if any such actions by us may affect the value of rewards or benefits already accumulated or earned and/or the ability to redeem earned rewards that had already accumulated.

6.2. If you decide that you no longer want to participate in the Program, whether as a member of the basic Tier One (the "MEMBER"), Tier Two (the “INSDER”), or Tier Three (the “VIP”), as applicable, you may cancel your membership at any time by contacting our customer service team at +1 (920) 696-9208 or email at customerservice@commodityfragrances.com, five (5) days a week, between the hours of 9:00 AM to 5:00 PM Eastern Time. Any accrued Points and/or unused rewards will be forfeited and expire immediately upon your membership cancellation.

6.3. We reserve the right, in our sole discretion, to terminate any member from the Program for any reason, including but not limited to, a member's failure to comply with these Terms, the Terms of Service of the Commodity Fragrances Website, any suspected abuse of the Program, illegal activity, fraud or other conduct that we may deem to be inconsistent with these Terms and/or the Program.

6.4. If your membership in the Program is canceled by you or terminated by us, all Program benefits and unused rewards will be forfeited and you will lose all accrued Points and unused rewards and benefits in your COMMODITY.CIRCLE account immediately at the time of such cancellation or termination. Notwithstanding the above, promotional coupon codes that are (1) unused and (2) not expired, are still valid.

7.DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

Your consent and agreement to the following disclaimers and limitations is a material inducement for us to permit you to participate in the Program. To the fullest extent permitted by applicable law, your participation in the Program, and our obligations and liabilities in respect thereto, is expressly limited as follows:

7.1. EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, YOU HEREBY UNDERSTAND AND AGREE THAT THE PROGRAM AND ANY REWARDS OR BENEFITS ASSOCIATED THEREWITH ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY WHATSOEVER. TO THE FULLEST EXTENT PERMITTED BY LAW AND EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, NEITHER COMMODITY FRAGRANCES NOR ITS SUBSIDIARIES, AFFILIATES, PARTNERS OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS OR THE PROGRAM OR ANY OF THE REWARDS OR BENEFITS ASSOCIATED WITH THE PROGRAM, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

7.2. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER COMMODITY FRAGRANCES NOR ITS SUBSIDIARIES, AFFILIATES, PARTNERS OR LICENSORS WILL BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT OR OTHERWISE) UNDER ANY CIRCUMSTANCES FOR ANY: (A) ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN THE CONTENT OF THESE TERMS, THE PROGRAM AND/OR ANY REWARDS OR BENEFITS ASSOCIATED WITH THE PROGRAM; (B) PERSONAL INJURY, PROPERTY DAMAGE OR LOSS, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR PARTICIPATION IN THE PROGRAM AND/OR YOUR REDEMPTION OR USE OF ANY REWARD OR BENEFIT UNDER THE PROGRAM; (C) INTERRUPTION OF BUSINESS; (D) DELAYS OR INTERRUPTION IN ACCESS TO THE PROGRAM; (E) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVERS THAT HOST THIS SITE OR ANY THIRD PARTY SITE(S) AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (F) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THIS SITE OR THIRD PARTY SITE(S), (G) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE COMMODITY FRAGRANCES SITE OR ANY THIRD PARTY SITE(S) ASSOCIATED WITH THE PROGRAM AND/OR ANY REWARDS OR BENEFITS ASSOCIATED THEREWITH; (H) DATA NON-DELIVERY, LOSS, THEFT, MISDIRECTION, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; OR (I) EVENTS BEYOND OUR REASONABLE CONTROL.

7.3. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER COMMODITY FRAGRANCES NOR ITS SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSORS, OR PERSONS OR ENTITIES WHICH THE SAME ARE IN PRIVITY WITH AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS WILL BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE PROGRAM AND/OR YOUR PARTICIPATION IN THE PROGRAM AND/OR YOUR REDEMPTION OR USE OF ANY PROGRAM REWARD OR BENEFIT, REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00).

7.4. YOU AGREE THAT NO CLAIMS OR CAUSES OF ACTION ARISING OUT OF, OR RELATED TO, THESE TERMS, YOUR PARTICIPATION IN THE PROGRAM AND/OR YOUR REDEMPTION OR USE OF ANY REWARD OR BENEFIT UNDER THE PROGRAM, MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE. TO THE EXTENT PERMITTED BY LAW, IF YOU HAVE A DISPUTE WITH US REGARDING THE PROGRAM OR ARE DISSATISFIED WITH THE PROGRAM, YOUR SOLE REMEDY SHALL BE TERMINATION OF YOUR MEMBERSHIP IN THE PROGRAM AND WE SHALL HAVE NO OTHER OBLIGATION, LIABILITY OR RESPONSIBILITY TO YOU, EXCEPT AS SET FORTH IN SECTION 7.3 ABOVE.

  1. INDEMNIFICATION

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS COMMODITY FRAGRANCES, ITS SUBSIDIARIES, AFFILIATES, PARTNERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, VENDORS, MANUFACTURERS AND DISTRIBUTORS FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, ACTIONS, DEMANDS, CHARGES, COMPLAINTS, DAMAGES, LOSSES, LIABILITIES, COSTS AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS' FEES), ARISING FROM OR IN CONNECTION WITH (I) YOUR PARTICIPATION IN THE PROGRAM, (II) YOUR REDEMPTION OR USE OF ANY REWARDS OR BENEFITS ASSOCIATED WITH THE PROGRAM, AND/OR (III) YOUR BREACH OF ANY OF THESE TERMS. WE RESERVE THE RIGHT TO TAKE EXCLUSIVE CONTROL AND DEFENSE OF ANY CLAIM SUBJECT TO THIS INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL COOPERATE FULLY WITH US IN ASSERTING ANY AND ALL AVAILABLE DEFENSES.

  1. GOVERNING LAW

The Program and any dispute arising out of or in connection with the Program including these Terms shall be governed by and construed in accordance with the laws of the State of New York without giving effect to any conflict of law provisions.

  1. NOTICE TO NEW JERSEY RESIDENTS

If you are a consumer residing in New Jersey, the following provisions of this Terms do not apply to you (and do not limit any rights that you may have) to the extent that they are unenforceable under New Jersey law: (a) in Section 7.3 above, the disclaimer of liability for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind and the limitation of liability for lost profits, damage, loss or injury (for example, to the extent unenforceable under the New Jersey Punitive Damages Act, New Jersey Products Liability Act, New Jersey Uniform Commercial Code or New Jersey Consumer Fraud Act; (b) in Section 7.3 above, application of the limitations of liability to the recovery of damages that arise under contract, tort or any other theory (for example, to the extent such damages are recoverable by a consumer under New Jersey law, including the New Jersey Products Liability Act); (c) in Section 8 above, the requirement that you indemnify Commodity Fragrances (for example, to the extent the scope of such indemnity is prohibited under New Jersey law); and (d) in Section 9.1 above, the New York governing law provision (for example, to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law).

  1. CUSTOMER SERVICE

For information about the Program or your membership, contact our customer service team via email email at customerservice@commodityfragrances.com or by telephone at +1 (920) 696-9208, five (5) days a week, between the hours of 9:00 AM through 5:00 PM Eastern Time. Please also visit our FAQs for answers to frequently asked questions about the Program.