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General Terms and Conditions

1. Introduction

Welcome to The Frag Mag – Fragrance Magazine! We are extremely glad to see you browsing our platform. To make your stay as comfortable as possible we are presenting you with this summary of assumptions we used to set up our perfume boutique. We assume you agree to these while using this platform and we hope that your familiarity with them will make your stay more enjoyable and the whole experience more clear and transparent.

If you need to contact us directly at any time, please use the contact form available at the bottom of every page on our website.

Associated Documents

Privacy Policy (outlining the way we process PII on this platform)
Terms of Use (outlining how we set up this platform for you to use and the expected code of conduct for our users)

2. Glossary

Owner, Us – The owner of the general brand and TheFragMag.com website and manager of this platform, based in Ontario, Canada.

Platform – TheFragMag.com website you are currently using and all of its access points and backend technical, legal, customer service and financial infrastructure used by our online points of contact with our customers, including, but not limited to, websites, communication solutions, mobile apps and social media profiles, hosting infrastructure, and connections to shipping gateways, accounting and tax remitting platforms and associated payment gateways and banking solutions owned by third parties.

Customer, You – a legally able consumer purchasing products for own use, as well as subscription holder and general and consumer of content available on our Platform.

Privacy Policy – a document outlining the way we process PII on this Platform.

Terms of Use – a document outlining how we set up this platform for you to use and the expected code of conduct for our users.

3. Using our platform

Acceptance of terms and conditions

By using the Platform you acknowledge and accept the herein General Terms & Conditions, as well as our Terms of Use and Privacy Policy

You also declare you are legally entitled to purchase products in your name for your own use, which also includes giving these products as gifts.

As a user of our platform, you understand that you need to meet the minimum technological and legal criteria in order to be able to safely use the platform and have your orders fulfilled.

General Responsibilities of the User/Customer

Any behaviour on the Platform deviating from normal user activity which constitutes browsing, saving items to wishlists (where available), managing individual’s own profile, placing orders (where available) and making payments or requesting information will be considered fraudulent and tested against internal criteria. If confirmed to be fraudulent and/or harmful, the IP’s of potential harmful or fake users will be blocked without notice. If you believe your IP was unjustly blocked, please contact us immediately.

In case of online purchases being made or participation in any online contests, we reserve the right to cancel or refuse to process any order or contest entry that bears the signs of fraudulent transaction and withhold any paid funds or prizes until our investigation is concluded.

Communication and electronic exchange of information

By accepting the herein terms and conditions you acknowledge and permit us to contact you by email and any other means of electronic communication, such as responding on our chat system and/or messaging your social profile account in response to your query.

You also agree to receive your prize confirmations, confirmations of subscriptions and any other transactional information, such as order confirmations and invoices, order cancellations and any other order and delivery status related information to your email address.

Technical requirements

In order to be able to use our Platform, it is best to use the most current version of one of the major browsers with cookies and Javascript enabled. The minimum requirements for browser versions should be no older than: Internet Explorer 11, Google Chrome 45, Firefox 42, Safari 9, IOS Safari 9.2, Chrome for Android 49.

Security

We have built and continue to develop our Platform as a safe and secure environment for our Customers to use with full trust for the integrity of the system and safety of their personal data and payment information.

Our approach comprises of several principles and technological solutions:

  • we collect as little information about our Customers as possible,
  • we use the information we collect in a transparent and limited fashion, minimising data exchange until absolutely necessary to fulfil a set purpose,
  • all of our endpoints follow strict data encryption protocols, including SSL certified protocols on all our websites,
  • we only deal with technical partners who meet or exceed the security requirements for online data transfer and financial transactions, such as the proper PCI DSS certifications (to read more about the Payment Card Industry Data Security Standard please visit https://www.pcisecuritystandards.org),
  • we never process or store your financial information on our servers – instead, it is passed onto a third party secure payment services provider for verification and processing using their state-of-the-art technology.
  • even when you decide to save your payment information in your profile, this information is tokenised – encrypted and saved as an otherwise useless bit of information to be read back for payment verification by the payment service provider only after being decrypted by sophisticated algorithms on their servers and being successfully matched to the properly identified source of the request.

We also encourage our users to avoid these unsafe practices:

  • logging into your accounts and/or making online payments over unsecured (public) networks, such as at airports, public buildings, modes of transport etc.,
  • leaving your accounts logged in, especially while using public computers, such as at school, library or work,
  • sharing your passwords with anyone,
  • ‘mouthing’ or reading your passwords out loud as you type them in, even at home,
  • staying logged into your account on mobile devices,
  • giving your password to anyone who may request it online or over the phone – none of our staff will ever ask you to do this!


Using our Platform as a guest

In order to use our Platform and make purchases as a guest you need only to access it using an Internet connected device with appropriate software installed.

While you can make purchases without actually setting up an account, you will be asked to provide some basic information such as your email address along with your permission to be contacted with transactional information and you will need to pass your payment information to the payment service provider through an online form. You will also be required to provide your real delivery address and the required form of contact for the chosen courier company, if used as a shipping option. Your data will not be stored in our systems outside of those needed to meet the legal bookkeeping obligations.

You will also not be able to track your order history and will not be provided with access to your data through an online panel. Should you wish to resolve any issues with orders made as a guest, you will need to contact us and provide information necessary to identify you and match you to your order in our order reconciliation system.

Creating your profile and data involved

To take full advantage of the functionalities of the platform you will need to provide the following data to set up a Customer profile:

  • your real first and last names and an email address,
  • your username,
  • password,
  • and your permission to receive electronic communication from Us.

The information you provide must be real. You will need your email address to complete setting up your profile as well as enable any future communication with us. The email address is also the main identifying data to verify you as a user of our platform and it can only be changed by contacting our Customer Service and successfully completing our verification process. To place any orders and have them delivered, you will need you real delivery address, as well.

Your personal data is protected in accordance with our Privacy Policy. Any data processed by our partners (ie. the payment gateway provider) on their platforms is subject to their own privacy policy agreements and as such we are not responsible for how your data is processed in their systems.

Should you lose your login information, you can try using a ‘Reset password’ link available on our login screen. Otherwise, you will need to contact our Customer Service. PLEASE NOTE: you will never be asked to provide your password by Us or any of our employees!

Marketing communication permissions

You may be asked to give us permission to contact you with marketing information. With such permission, Us or our partners may contact you with special offers and other communication, as well as process your data for such purpose. You can manage and/or revoke your permissions given at any time by following the ‘Unsubscribe’ link at the bottom of every electronic communication from Us or by changing your preference through your user profile or by contacting our Customer Service directly.

Managing your profile and data

As a registered user, you can access your profile through a designated account panel where you can manage your data on the platform, including your contact information and delivery address, as well as track the status of your orders and browse order history and download or print invoices.

You will find more information on how to manage your profile and how your data is processed in our Privacy Policy and Terms of Use.

Data sharing practices

In some circumstances, your information, such as that made available by accepting cookies in your browser, may be occasionally shared with third parties. For example, while running a promotion or creating a tailored offer and user experience or creating a seamless experience between our web and social touchpoints, we may opt to track your movement and interactions with our site and pass on entry and exit data to third parties. One such example is the presence of a Facebook tracking pixel which may be used to combine traffic information on our websites and Facebook pages. However, as a rule, we will keep such activities to a minimum.

The current state is that we do not participate in any advertising and shared marketing platforms or networks. Should this ever change, you will be notified through an update to the herein General Terms & Conditions.

4. Scope and availability

Availability of each product on our Platform is highly dependent on stock levels, as well as geographic locations of suppliers and our customers. Not all products can be made available to all markets, as business, taxation and various other rules may prevent us from doing so. Please note we are doing our best to keep you informed of any changes in availability, including updating stock levels of products on the Platform. Some products may also be offered on special order terms, which shall also be publicised per product basis. If you have any questions regarding availability of our Platform or products in your market, please contact us.

5. Products

Quality and 100% Authenticity Guarantee

It is imperative to our business model and values that all products sold through our Platform come from legitimate, legal sources and are 100% brand authentic merchandise. We do not list products from unverified sources and do not, under any circumstances, deal with questionable or fraudulent supply schemes. 

Should you have any questions or if you suspect fraud or breach of trust regarding any particular product or supplier please contact us immediately. We have a ZERO Tolerance policy against any offenders and will immediately remove products from a particular source if there is any suspicion of foul play.

We will also process any claims or returns of products not meeting the above authenticity criteria swiftly and in our customers’ favour. That is our 100% Authenticity Guarantee.

Hygiene and Handling

Please note that all of our products are shipped boxed and packaged by our suppliers or fulfilment centres. As such, we expect any products returned or claimed against warranty to be received by Us in reasonable and unused condition, in their original packaging including original shipping labels.

Products of intimate character are to be unopened. If there is any suspicion that a personal hygiene or intimate product may have been opened and used, we may not accept a warranty or return claim on such a product. Please act responsibly.

6. Placing your order

Adding products

You can browse and purchase products on the Platform as a guest or registered user. We have a pretty standard process for browsing offers, choosing the products you like, saving them to your wishlist (where available) for later or adding them to your shopping cart. You can then either pay for the products in your cart, edit and or empty the contents of the cart, or keep adding more products. 

Payment and confirmation

When you are ready to pay, proceed to checkout where you will add or confirm your delivery address – this is really important to double check, since your taxes and shipping costs will be calculated based on this address and the final delivery will take place thereBefore placing order to finalise your transaction, please make sure to review the total charges, as these will include your taxes and shipping fees.

Once you decide to pay for your order (by clicking the ‘Place order’ or ‘PayPal’ or other payment method confirmation button) you also confirm that all of the data and the contents of your cart at checkout are correct and that you agree to pay the total price for your order and to have your payment processed. You also agree to our terms of sale and to the shipping arrangements and charges.

Purchase confirmation and documents

Once payment is made, you will receive the order confirmation email message which will include all of the details of your order, such as the products and quantities purchased, the taxes and shipping charges and order totals, your chosen payment method and payment status, your shipping address and other information, such as your billing information, as well as our company and contact information, information about your rights and possibly marketing messages. Please do not share your confirmation email with anyone you do not trust. Also, please do not auto-reply to this message, as we will not receive your reply. In order to contact us, please use the Customer Service contact information provided in the message or contact us through the form on our website.

Should there be a problem with processing your payment, we will not charge you for your order and will consider the order not paid for. This means you will need to choose a valid method of payment for that order or it will not be processed further by us. As with any unpaid for items, we cannot guarantee that the quantities of the products you chose will last until your next attempt at payment for the order.

If you have paid for the order but for some reason have not received your confirmation email and/or your profile lists this order as still unpaid for, please contact us immediately!

7. Prices

All prices on our platform sold to the North American (Canada & US) Customers are tax exclusive unless otherwise stated. This means that the price you see associated with the product is a base price before any taxes are added. Any taxes and shipping costs are calculated based on your delivery address during checkout process and you will know what these additional charges are before proceeding with payment.

For international sales in other global markets prices will be listed according to the general convention for the given local market. Where prices listed will have tax included, this will be stated as so.

8. Payments

On our Platforms, we use the services of major, secure third party payment services providers such as Stripe and Paypal. They verify your ability to cover the charges, as well as guard our Customers and Us against any attempts at fraud. We may also use additional services to validate your credit cards. At any time, none of your financial information is stored or processed by Us. All of the payment data you provide through our Platform is sent encrypted through secure channels for processing at the payment provider’s facilities and therefore is never compromised or left unprotected on the Platform.

We only process orders based on a positive result received from our payment service providers. Again, no financial information is processed on our Platform.

Accepted methods of payment

Currently, we accept:

  • Major credit cards (via Stripe), where available:
    • VISA
    • MasterCard
    • American Express
    • Discover
    • JCB
    • Diners Club
    • Union Pay
  • PayPal and other methods made available to Paypal users
  • Apple Pay
  • Interac money transfer and other email payments
  • more coming soon..

We do not accept bank transfers, cheques and COD payments – sorry!

9. Deliveries, shipping and tracking

All orders are delivered to the delivery address specified during the checkout process. If there is any change to the delivery address, please contact us to report the change. Please note that we may not be able to re-route the order once it has left the shipping docks. Also, any change to the delivery address will necessitate your identity verification process, therefore please be prepared to provide all the necessary information to identify you as the owner of the account out of which the order was placed. Nobody else but the person who has placed the original order can modify the delivery address of a particular order under any circumstances. Please note we are not responsible and will not be held liable for any orders not delivered where there was a wrong delivery address provided. 

Processing and delivery

The time it takes for your order to be completed comprises of two components:

  • Order processing times
  • Shipping times

Please make note of this as we try to communicate this as clearly as possible on our Platform, but this is often an area of confusion.
Processing and delivery times for various products purchased through our Platform may vary from product to product.

Processing times

When browsing products, processing times are clearly communicated. Most orders placed on our Platform are usually processed within a few to 24 hours after payment clears. However, to be on the safe side we usually communicate 1-2 business days, as we sell globally and sometimes time zone difference, regional characteristics and any unforeseen circumstances can extend processing beyond the 24 hour threshold we like to maintain.

Shipping and delivery times

We cannot specify exact delivery times of any product before the delivery address is provided, as there are a quite a few logistics setups we use on our Platform. However, we go to great lengths to make information about total delivery time estimates transparent and clearly communicated as soon as they are available.

In some cases, where flat rate or zero rate (free) shipping is available, we will choose the optimal shipping method for you. In those cases, specifying the delivery address is enough to determine what the estimated delivery time will be.

Also, please keep in mind that we are not responsible for any delays caused by the recipient of the product not being available to pick up the package from the courier or from a pickup point, if this was chosen as the preferred delivery method. All delivery times communicated by us refer to time necessary for us to deliver the package through our means to your address. We shall not be responsible for any delays created by causes beyond our control.

Shipping methods and prices

Please note that we may offer several shipping methods. These may change without notice and the most up to date offer shall be communicated on our Customer Service or FAQ pages.

We may offer a zero rate shipping option in some circumstances. In that case, the optimal shipping method will be chosen by us and you may be offered an option of a paid upgrade, depending on availability.

Order tracking

Please note that order tracking on our Platform is only possible through the shipping service providers’ own tracking services. You will receive your tracking numbers by email and through your registered user profile panel, if the order was placed as a logged in user.

Order pickup

Please note our packages leave the shipping dock under strict quality control. Please make sure the package you receive is undamaged and unopened and in general good condition. If you suspect the packaging may have come under undue duress which may have affected your items’ condition, refuse accepting the package and give it back to the courier for return delivery back to the warehouse free of charge.

If possible, please take a photo of the package as the courier delivered it for evidence!

Please contact us immediately to notify of any unusual situation. We will pursue this further internally and you will have an option to decide whether you still want your order filled or if you would like us to issue a full refund.

You will find more information on Returns and Refund process below.

10. Claims, returns, refunds and exchanges

If you use Paypal to pay for your orders, you may be eligible for a claim under this provider’s refund and return policy. Please check your options at: https://www.paypal.com/pl/webapps/mpp/refunded-returns

There are several avenues of filing a claim regarding your order if you are not 100% satisfied with it. You can pursue a warranty claim with the manufacturer, outright return the product, or ask for exchange or a refund. Please read more about each of these below:

Warranty claim

All products offered on our Platform are almost always subject to manufacturer’s warranty. Because you are buying 100% authentic merchandise, you can easily claim these warranties by contacting the manufacturer and following the instructions outlined on your product warranty card. This is the process to follow if you discover a defect with your product while using it. Please note that fulfilment of warranty claims is the responsibility of the manufacturer and you will be dealing with them according to the terms of the warranty for your particular product. While we can support you by, for example, verifying purchase information, we cannot guarantee the results of this process.

Product return

You have the right to return the product or all products within an order within 30 days of purchase, no questions asked. We ask that you return the products in their unopened manufacturer’s packaging and that the external packaging you return them in is the same packaging the order arrived in or a replacement of equal standard. In rare circumstances, we reserve the right to refuse the return if the packaging is visibly damaged or negligent. You shall then be eligible to pursue other forms of restitution for the order you are dissatisfied with as provided by our General Terms and Conditions and by law.

Product exchange

If you are dissatisfied with the product for any reason, you may opt for product exchange. We will be happy to provide you with an alternative in the form of another item of the same product, another product of same value, store credit, or combination of the replacement product and store credit. The conditions for exchanged items are the same as for product returns (see above).

Refund

If you are completely dissatisfied with your product, you have 30 days from the day of purchase to claim a partial or full refund. You will need to return the product in its current state, provide the reasons for your claim, as well as reasons for not filing a warranty claim with the manufacturer. Please note you will be responsible for any shipping charges for delivering the product back to us.

Hassle-free returns, refunds and exchanges

From time to time, we may adjust or test our offer to include a hassle-free product return, refund or exchange. If your product or order is placed under such an offer, you may be able to claim a full refund or exchange on your product, subject to conditions of such special offer.

Our right of refusal

Please note we reserve the right to refuse any claims for product returns or exchanges or refunds coming from users who we deem to behave in a fraudulent or harmful manner towards Us or other Customers. If you believe you were unjustly deemed to behave in such a manner, please contact us to discuss your case. Otherwise, you are free to either accept our judgement or seek restitution through the courts.

Please note we reserve the right to refuse offering special hassle-free arrangements without giving reasons should we decide the conditions for qualifying for this special value were not met by any of our Customers.

How to claim any of the above rights

In order to claim, qualify for and proceed with any of the above rights of claim, please consult our Customer Service section and proceed according to instructions or contact us using the email form available at the bottom of every page of our website.

11. Liability

Responsibility

Insofar as we are required by law and the herein described obligations towards our Customers, we are responsible for maintaining this Platform, secure and legal management and administration of our users’ personally identifiable information (PII) and proper fulfilment of orders according to transaction terms described herein within our scope of operations and jurisdiction.

We are not responsible for errors or omissions of third parties, including our partners and You, the Customer, as well as for damages caused by any wrongdoings, whether malicious or unintentional, done directly by third parties or on their behalf by their agents.

As well, we are not responsible for the third party technical solutions’ functionality and up-time, as well as their proper fulfilment of technical requirements and functioning of their systems of data processing and material delivery in connection with our service.

Force majeure

In case of force majeure events, we reserve the right to refuse, deny and suspend all or part of our services towards our Customers without assuming liability or possibility of seeking damages or other claims from us.

Force majeure events are those which occur beyond our control and without the likelihood of realistic forecast, such as wars, catastrophes of natural and man-made causes, fires, as well as mass job action undertaken by employees of one of our partners’ or other third parties crucial to the delivery of our service, in particular to job strikes by the staff of courier companies and/or airline or other public transport employees, banking and financial institutions, Internet service providers, communications companies and government institutions affecting our processes.

Under such circumstances, we will undertake every effort in order to fulfil our obligations towards our customers as soon as possible or reimburse them out of our own volition notwithstanding our legal and contractual obligations as Customer satisfaction is still the main priority in all our undertakings.

In all cases, You as our Customer will be informed as promptly and accurately as possible of the current situation, your order status and reparative and other actions we are undertaking.

12. Disputes settlement

We value your trust and opinions. This is why we always try to consider your feedback and examine any disputes on case-by-case basis. This is why we prefer to settle any disputes in fair and friendly manner. We believe any matter can be resolved that way. This is why we encourage you to contact us as early as possible to talk to us before taking any matter to court. However, should you wish to do so, we are open to any form of officiated settlement method, such as through a mediator or arbitration court.

If none of these methods help us settle a grievance, our Customers have a legal right to seek damages and/or prosecute us in the court of law. In such an event, the court to file the case with is the one with jurisdiction over the location of our registration, this being the Canadian Provincial Court located nearest to our home location in Ontario, Canada.

Documentation and source of truth

In any matter of dispute, the only source of truth shall be the records from our data systems, email communication with the Customer, and any other data regarding the matter in question in possession of our partners who were involved in the transaction and order fulfilment process, as well as any unedited and unaltered photographic or video material taken by any of the parties involved.

13. Intellectual property rights

Intellectual property rights of Platform owners and third parties

Many materials comprising the content of our Platform, including product offers, come from third party sources and no licenses were transferred for the use of these materials to the Platform owners, apart from the rights to use those materials to promote specific products on our Platform, unless stated otherwise.

All users of our Platform use it for their own private purpose and neither we, nor our partners, transfer any rights or licenses to the Customers of the Platform and users are not entitled to reproduce, modify, record, disseminate or publish commercially or for any other economic gain any images or video materials, documents and any other intellectual property found on the Platform, unless expressly authorised in written form by the author of the particular piece of content.

All images, video materials and documents on the Platform are used with their authors’ permission and according to the terms of any licenses granted publicly or directly to the owners of the Platform.

Sharing of content

Sharing of content found on the website for own purposes is allowed, as long as any images, videos, documents and any other content comprising part of the Platform is used privately or shared only with a private audience or directly with other private individuals and with proper accreditation at all times.

Sharing of link references from our Platform is allowed as long as it is done without any malicious purpose that could harm our reputation.

Please report any suspected breaches and abuses of intellectual property rights and copyrights by contacting us through the form available at the bottom of every page of our website.

14. Period of validity and updates

We reserve the right to make changes to the herein document as well as other documents outlining the terms and conditions in effect on our Platform. Any such changes are proactive and shall be communicated on our websites as well as by direct email to those Customers who have registered as users on the Platform and agreed to receive email communication.

15. Abuse

We reserve the right to suspend any registered user accounts, block IP addresses of computers from accessing the Platform and refuse to process transactions and fulfil orders to anyone who displays suspicious and potentially harmful behaviour on the Platform, including attempts at brute force attacks, bot activity, any attempts at hacking, phishing, stealing data, disrupting the functioning of our infrastructure, fraud, false transactions, providing false information, attempting to infect our infrastructure or those of our partners with viruses or malware, misrepresenting the content found on our Platform in the media and on other venues, disseminating hate and hateful materials, discriminatory activity, and any other malicious or illegal activity.

We will comply with any lawful request by the law enforcement institutions to aid investigations into such abusive and/or illegal activity, including providing access to our records, infrastructure and our users’ personal data, to the extent required by law.

We are indemnified of any responsibility towards the users and Customers of our Platform and other third parties where the harm is caused by activities of third parties, including our partners and Platform users and Customers.

16. Closing remarks

While we strive to provide you with the safest and best quality user experience on our Platform, as with any business endeavour and technological Platform unforeseen issues are a possibility. We would like to take every opportunity to react to such issues as quickly as possible, therefore we ask that if you run into any problems while using our Platform you report them to us immediately.

Many thanks and enjoy a fruitful and exciting shopping experience here!