TERMS OF SERVICE

OVERVIEW

Welcome to NextGen Perfumes (“NGP”). The terms “we,” “us,” and “our” refer to NextGen Perfumes. NGP operates this store and website, including the related information, content, features, tools, products, and services offered through it (collectively, the “Services”). The Services are powered by Shopify, which enables us to provide the Services to you.

These Terms of Service (“Terms”), together with any policies referenced in them, describe your rights and responsibilities when you access or use the Services.

Please read these Terms carefully. They contain important information about your legal rights and responsibilities, including warranty disclaimers, limitations of liability, and other terms that may affect you.

By visiting, interacting with, or using the Services, you agree to be bound by these Terms and our Privacy Policy:

https://nextgenperfumes.com/policies/privacy-policy

If you do not agree to these Terms or our Privacy Policy, you should not access or use the Services.

INDEPENDENT RETAILER & BRAND AFFILIATION

NextGen Perfumes is an independently owned and operated fragrance retailer specializing in designer and niche fragrances.

Unless expressly stated otherwise, NextGen Perfumes is not affiliated with, authorized by, sponsored by, endorsed by, or officially associated with the manufacturers, brand owners, or trademark holders of the products offered on this website.

Our inventory is independently sourced through third-party retailers, wholesalers, distributors, suppliers, and other purchasing channels. The availability of any branded product on our website does not imply a direct commercial relationship or partnership with its manufacturer.

All brand names, trademarks, logos, and product names remain the property of their respective owners and are used for the purpose of identifying, describing, and advertising the branded products offered for resale.

Manufacturer warranties, services, or benefits associated with authorized retail channels may not apply unless expressly stated otherwise. Nothing in this section limits any rights or remedies available to customers under applicable law.

SECTION 1 - ACCESS AND ACCOUNT

By using the Services, you represent that you are at least the age of majority in your state, province, or jurisdiction of residence, or that you have obtained any consent required by applicable law.

To access or use certain Services, including purchasing products, you may be asked to provide information such as your name, email address, billing information, payment information, and shipping information. You agree that the information you provide is accurate, current, and complete and that you have the right to provide it.

You are responsible for maintaining the confidentiality and security of your account credentials and for activity conducted through your account. You may not sell, transfer, assign, or license your account to another person without our prior written consent.

SECTION 2 - OUR PRODUCTS

We make reasonable efforts to accurately describe and display our products. However, colors, packaging, finishes, and other visual details may appear differently depending on your device, display settings, lighting, manufacturer changes, or other factors.

Product condition may vary by listing. If an item is sold as factory sealed, open box, tester, no cellophane, without a box, sample, decant, or in another specific condition, that condition will be disclosed on the applicable product page. The product page, including any selected size or variant, controls the specific condition, quantity, and contents of the item being purchased.

Minor Cosmetic Variations & Packaging Movement

Fragrance bottles are packaged by their respective manufacturers. Certain products may experience limited movement within their original retail packaging during handling, transportation, or delivery.

Such movement may occasionally result in minor superficial cosmetic imperfections, including faint surface scuffs, light contact marks, or small cosmetic variations that do not materially affect the fragrance's appearance, contents, or functionality.

NextGen Perfumes makes reasonable efforts to inspect merchandise, accurately describe product condition, and securely package orders before shipment. However, manufacturer packaging may not prevent every instance of minor internal movement or incidental cosmetic contact.

Reported cosmetic concerns are evaluated individually, considering the product's advertised condition, the severity and visibility of the reported issue, and available documentation.

For additional information, please review our Product Condition & Cosmetic Inspection Guide:

https://nextgenperfumes.com/pages/product-condition-cosmetic-inspection-guide

Nothing in this section excludes responsibility for materially damaged, defective, or incorrectly described merchandise, or limits consumer rights and remedies available under applicable law.

Certain fragrance products may be minimally test-sprayed for quality-control purposes when disclosed on the applicable product listing or policy. Any such testing is limited to what is reasonably necessary to verify functionality.

Product descriptions, availability, packaging, prices, and specifications may change from time to time. We reserve the right to discontinue products or limit quantities offered to any person, geographic region, or jurisdiction, subject to applicable law.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. We reserve the right to accept, decline, limit, or cancel an order as permitted by applicable law. An order is not accepted until we confirm acceptance and successfully process payment.

Please review your order carefully before submitting it. We may be unable to accommodate cancellation or modification requests after an order has been accepted or entered the fulfillment process.

Eligible factory-sealed fragrances are subject to a 15-minute cancellation request window beginning at the time of purchase. Cancellation requests may not be accommodated once processing, supplier allocation, or fulfillment has begun, even within that window. Merchandise expressly designated Final Sale is not eligible for discretionary cancellation after purchase. For orders containing multiple product conditions, cancellation eligibility is determined separately for each item. These provisions are subject to our Return & Refund Policy and any cancellation or refund rights required by applicable law.

If we decline, modify, or cancel an order, we will attempt to notify you using the email address, billing information, shipping information, or phone number provided with the order.

Returns, exchanges, refunds, restocking fees, and return-shipping responsibilities are governed by our Refund Policy:

https://nextgenperfumes.com/policies/refund-policy

Unless otherwise stated in writing, products are sold for personal or household use and not for unauthorized commercial resale or export.

SECTION 4 - PRICES AND BILLING

Prices, discounts, promotions, and availability are subject to change without notice. The price charged will be the price shown at checkout when the order is placed, subject to correction of obvious errors as permitted by law.

Unless expressly stated otherwise, posted prices do not include taxes, shipping charges, customs duties, import fees, or other charges that may apply.

Promotional offers may be subject to separate terms. If a promotion conflicts with these Terms, the specific promotion terms will control for that promotion.

You agree to provide accurate, current, and complete purchase, billing, payment, and account information. You represent that you are authorized to use the payment method submitted and that charges properly incurred may be submitted to your payment provider.

SECTION 5 - SHIPPING AND DELIVERY

Shipping methods, shipping charges, handling times, estimated transit times, and other delivery information are described in our Shipping Policy:

https://nextgenperfumes.com/policies/shipping-policy

Delivery dates and transit times are estimates and are not guaranteed unless expressly stated otherwise. Delays may occur because of carrier operations, weather, holidays, address issues, regulatory requirements, or other circumstances outside our reasonable control.

You are responsible for providing a complete and accurate shipping address. If you notice an address error, contact us as soon as possible. Once an order has been transferred to the carrier, we may not be able to modify the destination.

Risk of loss, responsibility for delivery, and available remedies for lost or damaged shipments will be determined in accordance with applicable law, the applicable carrier’s terms, and our posted policies.

SECTION 6 - INTELLECTUAL PROPERTY

The Services, including trademarks, trade names, logos, text, graphics, images, product reviews, video, audio, site design, and other content, are owned by or licensed to NGP or its licensors and are protected by applicable intellectual-property laws.

These Terms permit you to use the Services for personal, non-commercial purposes only. Except as permitted by law or with our prior written consent, you may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit material from the Services.

Nothing in these Terms grants you ownership of or a license to NGP’s, Shopify’s, or any third party’s intellectual property except as expressly stated.

SECTION 7 - OPTIONAL TOOLS

The Services may provide access to third-party tools or features that we do not control or monitor.

Unless otherwise stated, access to such tools is provided “as is” and “as available,” without warranties, representations, or endorsements from us. Your use of third-party tools is at your own risk and may be subject to separate terms and policies provided by the applicable third party.

We may add new tools, resources, or features to the Services from time to time. Unless otherwise stated, those features will be considered part of the Services and subject to these Terms.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain links to third-party websites, services, or content. We do not control and are not responsible for the content, accuracy, security, availability, policies, or practices of third-party sites or services.

If you choose to access a third-party site or service, you do so at your own risk. You should review the third party’s terms, privacy policy, and other applicable policies before completing a transaction or providing personal information.

Questions, complaints, or claims regarding third-party products or services should generally be directed to the applicable third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

NGP is powered by Shopify, which provides technology and services that enable us to operate our online store. Purchases made from our store are transactions between you and NGP, not between you and Shopify.

To the extent permitted by applicable law, Shopify is not responsible for products purchased from NGP, fulfillment of NGP orders, or disputes arising from transactions between you and NGP.

For information about how personal information is handled, review our Privacy Policy:

https://nextgenperfumes.com/policies/privacy-policy

SECTION 10 - PRIVACY POLICY

Personal information collected through the Services is handled in accordance with our Privacy Policy:

https://nextgenperfumes.com/policies/privacy-policy

Because the Services are hosted by Shopify, Shopify may also collect and process personal information about your access to and use of the Services in order to provide and improve its services. Certain processing may also be subject to Shopify’s Privacy Policy:

https://www.shopify.com/legal/privacy

Information may be shared with Shopify and other service providers as described in our Privacy Policy and as necessary to operate the Services, process transactions, prevent fraud, provide customer support, and comply with applicable law.

SECTION 11 - FEEDBACK

If you submit ideas, suggestions, feedback, reviews, proposals, plans, or other content to us (“Feedback”), you grant NGP a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to use, reproduce, modify, publish, distribute, display, and otherwise use that Feedback for purposes related to operating, improving, and promoting the Services, subject to applicable law.

You represent that you have the rights necessary to submit the Feedback and that your Feedback does not violate the rights of another person or entity.

We may, but are not obligated to, monitor, edit, or remove Feedback that we believe violates these Terms or applicable law.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

The Services may occasionally contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times, availability, or other information.

We reserve the right to correct errors, inaccuracies, or omissions and to update information or cancel affected orders where permitted by applicable law. If we cancel an order after payment has been collected, we will issue an appropriate refund.

SECTION 13 - PROHIBITED USES

You may use the Services only for lawful purposes.

You may not use the Services to violate applicable law; infringe intellectual-property or privacy rights; harass, threaten, defame, abuse, or harm others; transmit false or misleading information; distribute malware; send spam or unauthorized solicitations; impersonate another person or entity; interfere with the security or operation of the Services; or attempt to gain unauthorized access to the Services.

You may not use automated tools, bots, scrapers, agents, or similar technologies to access, collect from, copy, interfere with, or interact with the Services in a manner that violates these Terms, bypasses technical restrictions, or causes unreasonable load on the Services.

We may restrict or terminate access to the Services when we reasonably believe these Terms have been violated.

SECTION 14 - AGENTS AND AUTOMATED ACCESS

This section applies to software or services that take autonomous or semi-autonomous actions on behalf of a person or entity (“Agents”).

Agents may access the Services only in accordance with these Terms, applicable law, and any technical restrictions or instructions we provide.

Agents must not misrepresent themselves as human users, bypass CAPTCHAs or other access controls, conceal automated activity, or circumvent measures intended to limit or control automated access.

We may limit, block, or otherwise control automated access to protect the security, integrity, availability, or proper operation of the Services.

SECTION 15 - TERMINATION

We may suspend or terminate your access to the Services, in whole or in part, if you violate these Terms, misuse the Services, create security or fraud risks, or where otherwise permitted by applicable law.

Termination does not relieve either party of obligations that accrued before termination.

Provisions that by their nature should survive termination—including provisions concerning intellectual property, disclaimers, limitations of liability, indemnification, governing law, and privacy—will survive termination.

SECTION 16 - DISCLAIMER OF WARRANTIES

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

EXCEPT FOR WARRANTIES THAT CANNOT LAWFULLY BE DISCLAIMED, WE DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, DURABILITY, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICES WILL ALWAYS BE AVAILABLE, UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE FROM HARMFUL COMPONENTS.

NOTHING IN THESE TERMS LIMITS ANY WARRANTY, REMEDY, OR CONSUMER RIGHT THAT CANNOT BE WAIVED OR EXCLUDED UNDER APPLICABLE LAW.

SECTION 17 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NGP AND ITS OWNERS, AFFILIATES, EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST DATA, OR REPLACEMENT COSTS, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES.

THE FOREGOING LIMITATIONS DO NOT APPLY TO LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW.

SECTION 18 - INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless NGP and its affiliates, owners, officers, employees, agents, contractors, licensors, and service providers from third-party claims, losses, liabilities, damages, costs, and reasonable attorneys’ fees arising from your material breach of these Terms, your unlawful use of the Services, or your violation of another person’s rights.

We will provide reasonable notice of an indemnifiable claim when practicable. Nothing in this section requires indemnification to the extent prohibited by applicable law.

SECTION 19 - SEVERABILITY

If any provision of these Terms is found to be unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted by law or severed to the extent necessary, and the remaining provisions will remain in effect.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

Our failure to enforce any provision of these Terms does not waive our right to enforce that provision later.

These Terms, together with policies and terms incorporated by reference, constitute the entire agreement between you and NGP concerning your use of the Services and supersede prior or contemporaneous agreements relating to the same subject matter.

Any ambiguity in these Terms will be interpreted in accordance with applicable law.

SECTION 21 - ASSIGNMENT

You may not assign or transfer these Terms or your rights or obligations under them without our prior written consent, except where applicable law provides otherwise.

We may assign or transfer these Terms as part of a merger, acquisition, sale of assets, reorganization, or other business transaction, or as otherwise permitted by applicable law.

SECTION 22 - GOVERNING LAW

These Terms and any dispute arising from or relating to the Services will be governed by the laws of the State of Texas, without regard to conflict-of-law principles, except where applicable consumer law requires otherwise.

Subject to applicable law, disputes will be brought in a state or federal court with jurisdiction over NGP’s principal place of business.

Nothing in this section limits any right you may have under applicable consumer-protection law to bring a claim in another forum where such a right cannot be waived.

SECTION 23 - HEADINGS

Headings are included for convenience only and do not limit or otherwise affect the meaning of these Terms.

SECTION 24 - CHANGES TO TERMS OF SERVICE

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

We may update these Terms from time to time. If a change is material, we will provide notice where required by applicable law. Changes will become effective on the date stated in the notice or, if no date is stated, when the updated Terms are posted.

Your continued use of the Services after updated Terms become effective constitutes acceptance of the updated Terms to the extent permitted by applicable law.

SECTION 25 - CONTACT INFORMATION

Questions about these Terms of Service may be sent to:

NextGen Perfumes
Email: ngpdfw@nextgenperfumes.org
Address: 3004 Serenade St., Grand Prairie, TX 75052