TERMS & CONDITIONS

 

These Terms & Conditions (hereinafter referred to as the “Terms” or “Terms of Use” or “Terms of Service”) shall govern the relationship between Cuir Elixir LLC, an Oregon based limited liability company, having its registered office at 10260 Southwest Greenburg Road, 4th Floor, Portland, OR – 97223 (hereinafter referred to the “Company” or “Cuir Elixir” or “us” or “our” or “we”) and you (hereinafter referred to “you” or “your” or “user” or “users” or “customers”) and shall also govern your use of www.cuirelixir.com/ (hereinafter referred to as the “Website” or “Site”).

 

Please read these Terms carefully, as these, along with our Disclaimer, Shipment Policy, Return & Refund Policy, Privacy Policy statement and Cookie Policy forms the entire agreement between you and Cuir Elixir. If you do not accept these Terms in its entirety, then you may not use the site or purchase our products.

 

Additionally, whenever you make a purchase on our Website, the same is governed by our Shipment Policy as well as our Return, Refund & Exchange Policy, and how we collect, use, store, share and transmit your data is governed by our Privacy Policy statement and Cookie Policy. These Terms & Conditions shall be read in conjunction with our Shipment Policy, Return, Refund & Exchange Policy, Privacy Policy statement and Cookie Policy.

• Acceptance of the Terms & Conditions

By accessing or using or registering or shopping on our Website in any way or clicking on a button or taking similar action to signify your affirmative acceptance of these Terms, you hereby represent that:

1. You have read, understood, and agreed to be bound by these Terms and any future updates and additions to these Terms, as published from time to time at the Website.
2. You are of sound mind and at least of such minimum legal age as per the jurisdiction in which you reside, in order to form a binding contract with us. In case you are not of the age of majority as per the laws of the State/Country that you reside in, then you must have the permission of your lawful guardian to use and access or make purchases on the Website.
3. We must not have previously disabled your account for violation of law or any of our policies.
4. You have read, understood and consented to our Disclaimer, Shipment Policy, Return & Refund Policy as well as our Privacy Policy statement and Cookie Policy.

• Accounts, Passwords and Security

1. Account: To access various parts of the Website, to purchase our products, and to avail various services, you might be required to register and create an account with us. When setting up and maintaining your account, you must provide and continue to provide accurate and complete information about yourself. As part of the registration process, you will create a password and an account. 
2. Social Media Signup: You also have an option of signing up using social media accounts, such as Google and Facebook. In case, you chose to sign up using any of the social media account, you will be re-directed to the website of such social media account, and therefore, in addition to these Terms and our Privacy Policy, you will also be subject to the terms and privacy policy of such social media website. We are not liable for any loss causes to you due to any action of such third-party websites. 
3. Security: You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your account, including, without limitation, all actions by sub-users registered under your account. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this Section or from any unauthorized access to or use of your account.
4. Inaccurate Information: If we have reasonable grounds to suspect that any of the information submitted by you is untrue, inaccurate, outdated, or incomplete, or that you have created a duplicate account, in that case, we may terminate your account, and refuse current or future use of any or all of the services.

• Use of the Site

• Allowed uses:

1. Directions of Use: You must follow any and all guidelines or policies or directions of use as associated with each of the services on the Site.
2. Information: Whenever prompted, you must provide us with the correct, accurate and updated information, including but not limited to your name, billing details, shipping details, email, contact number etc.
3. Material: For the purposes of these Terms, “material” shall mean any text, video, graphics, sound material, published on the Website, whether a copyright of Cuir Elixir, its licensors or any third party. You are not allowed to download or print the material, or extracts from it, in a systematic or regular manner or otherwise so as to create a database in electronic or paper form comprising all or part of the material appearing on the Website. You must not reproduce any part of the Website or the material or transmit it to or store it in any other website or disseminate any part of the material in any other form, unless we have indicated that you may do so.

• Restricted uses:

1. You cannot use or access our Website solely with a purpose of building a competing website/business. You are strictly prohibited from copying or using any content (including our products, description of products, trademarks etc.) without our prior written consent.

• You can’t impersonate others, create duplicate accounts, or provide inaccurate information. 

• You cannot use our Site or purchase our products for the purpose of resale;

• You must not misuse or interfere with the Services or Website or try to access them using a method other than the interface and the instructions that we provide. You may use the Services only as permitted by law and as per the directions provided by us. Unless otherwise expressly stated, you may not access or reuse the Services, or any portion thereof, for any commercial purpose.

• You must not:

• republish material from this Website;

• sell, rent or sub-license material from the Website;

• show any material from the Website in public without our consent;

• edit or otherwise modify any material on the Website (other than editing your own information as per the method provided);

• reproduce, duplicate, copy or otherwise exploit material on our Website for a commercial purpose; or

• redistribute material from the Website, except for content specifically and expressly made available for redistribution with our written consent and according to our terms;

• infringe or violate our Intellectual Property Rights or Intellectual Property Rights of our licensors or any third party;

• We reserve the right to restrict your access to any areas of our Website, or indeed our whole Website, at our discretion.

• You must not use our Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

• You must not use our Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

• You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Website, without our express written consent.

In case of your violation or non-compliance of any of the terms mentioned in this Terms & Conditions, we reserve the right to suspend or terminate your account or your access to the Website or our services, at our sole discretion.

• Ownership Rights and Account Deletion

1. Cuir Elixir’s Rights: This Website, its logos, its content, trademarks, trade dress, trade name, all of our products (including scented candle products and small leather goods) listed on the website as purchased by you, shall remain the sole property of the Cuir Elixir. Your use of or access to this Website or purchase of the products shall not in any way transfer or assign to you any ownership or other proprietary rights in or to this Website, products, any content published by us or our licensors or third parties. This Website and the Content, including but not limited to the trademark, logo, copyright, design, layout, typography, underlying HTML, Java scripts, text, audio clips, video clips and graphics, and in the expression of the information contained herein, whether as a compilation or otherwise is protected by relevant U.S. Intellectual Property laws, rules and regulations. Trademarks, trade names and designs appearing on this Website are the exclusive property of, or are licensed to the Cuir Elixir and are protected. No use of a trademark, trade dress, trade name or design appearing on this Website may be made without the prior written permission of the Cuir Elixir.
2. Comments, feedback and other content submitted by you: The comments, feedback and other content that you submit or provide on the Website, or while using our services, shall be treated as the property of Cuir Elixir. We will own the intellectual property rights in any such content. You hereby perpetually assign all intellectual property rights which shall be exclusive, transferable, sub-licensable, royalty-free, and worldwide, and that allows us to host, commercially exploit, use, distribute, modify, copy, publicly perform or display, and translate your content, at our sole discretion.  You hereby understand and acknowledge that (a) we are not liable to compensate you for any such comment, feedback or other content provided by you, (b) keep any such comment, feedback or content in confidence, and (c) to mandatorily display any such content, comment or feedback (we’ll do it in our sole discretion).

• Privacy

In order to see what data we collect and how we use or store or share such data, please refer to the detailed Privacy Policy statement available on our Website.

• Links to Third-party Sites 

The Website might contain links to third-party websites, products and services. For example, the Website works with third party payment service providers to provide you the most convenient payment options. Such third-party links are not under the control of Cuir Elixir, and Cuir Elixir is not responsible for any third-party links. Cuir Elixir provides access to these third-party links only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to third-party links. You shall use all third-party links at your own risk, and should apply a suitable level of caution and discretion in doing so. Whenever you click on such links, you are taken to such third-party website, and you get out of the jurisdiction of our Website. Therefore, you shall be governed by the terms & conditions, privacy policy and other policies of such third-party websites and we suggest that you read those policies. In case of any damage due to such action of third-party links, Cuir Elixir shall not be responsible.

• Orders, Payments and Taxes

All orders are subject to acceptance and availability and you agree to pay for the products that you purchase on our Website, and you authorize us to charge your debit or credit card or process other means of payment for those payment. You shall be responsible to borne all the applicable taxes, customs and duties (wherever applicable), including but not limited to, sales tax, import duty and other charges. We reserve the right to modify the prices of our products, or discontinue the sale of any or all the products, at any time at our sole discretion, without any prior notice. 

• Refunds 

We accept the returns and issue refund in limited circumstances. To understand this, please refer to our detailed Return and Refund Policy available on our Website, in order to understand when and how we process the returns and refunds.

• Disclaimer

The site, services, content and all the products offered on or through the site (including scented candle products and other small leather goods) are provided on an “as-is” and “as available” basis, and Cuir Elixir (and our partners, licensors and affiliates) expressly disclaim any and all warranties and conditions of any kind. For more information, please read our Disclaimer statement. 

• Limitation of Liability

1. To the maximum extent permitted by law, in no event shall our Company (or our partners or licensors or affiliates) be liable to you or any third party for any lost profits, lost health, skin damage, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use of, or inability to use or purchase from, the site, even if Cuir Elixir has been advised of the possibility of such damages. Access to, and use of, the Site, the content, services and our products, is at your own discretion and risk, and you will be solely responsible for any damage to yourself, your device or computer system, or loss of data resulting therefrom.
2. To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to these Terms (for any cause whatsoever and regardless of the form of the action) or our site, content, products and services, will at all times be limited to amount of your order in question. The existence of more than one claim will not enlarge this limit. You agree that our partners, licensors, or affiliates will have no liability of any kind arising from or relating to these Terms.

• Indemnity

You acknowledge to defend, indemnify and hold Cuir Elixir, its affiliates, subsidiaries, directors, officers, employees, agents, partners, and any other licensors (hereinafter referred to as “Indemnified Party”) harmless from and against any claim, disputes, fine, liability, demand or expense, including reasonable Attorneys’ fees, made by a third party, relating to, or arising from:

1. Your violation of ours or any third-party right, including without limitation to defamation or intellectual property rights;
2. Your wrongful or improper use of our products, services, Site;
3. Your violation of any applicable laws, rules or regulations or any other applicable law through or related to the use of our services;
4. Your violation of these Terms or any other policy of Company as associated with our services;
5. The indemnifications set forth above will survive the termination or expiration of these Terms and/or your use of our services.

• Digital Millennium Copyright Act (“DMCA”) Notice

• DMCA Compliance:

Pursuant to Title II of the DMCA, all claims alleging copyright infringement for material that you believe to be residing on the Site, system or network should be promptly sent in the form of written notice to our designated agent:

 

Designated Agent (the “DMCA Agent”) for DMCA Notices:-

Cuir Elixir LLC

Email:[email protected]

 

Note:- You may not send other notices or communications to the DMCA Agent, who is appointed solely for the purpose of receiving notices of claims alleging copyright infringement under the DMCA.

• Filing a DMCA Notice: 

Specific requirements for proper notification of claimed infringement are set forth in the DMCA (see 17 U.S.C. § 512(c)(3)). Valid notification must be a written communication that includes all of the following elements:

• Signature of copyright owner or person authorized to act on behalf of the owner;

• Identification of copyrighted work claimed to be infringed;

• Identification of the material claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit the service provider to locate the material;

• Information reasonably sufficient to permit the service provider to contact the complaining party (address, phone number and, if available, email address);

• A statement that the complaining party has a good faith belief that use of the material in the manner complained is not authorized by the copyright owner, its agent, or the law; and

• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right allegedly being infringed.

It is our policy that, upon receiving of a valid DMCA notice, we will remove or disable access to allegedly infringing material. However, there are substantial penalties for false claims (see 17 U.S.C. § 512(f) – providing sanctions for material misrepresentations of copyright infringement).

• Filing a DMCA Counter-Notification: 

If a notice of alleged copyright infringement under the DMCA has been wrongly filed against you, you may submit a counter-notification to our DMCA Agent. Specific requirements for a proper counter-notification are set forth in the DMCA (see 17 U.S.C. § 512(g)(3)). 

 

A valid counter-notification must be a written communication that includes all of the following elements:

• A physical or electronic signature;

• Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

• A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and

• Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located, or if your address is outside of the U.S., for any judicial district in which the service provider may be found, and that you will accept service of process from the complainant.

Upon receipt of a valid counter-notification, we will forward it to the original complainant who submitted the DMCA notice alleging copyright infringement. The original complainant will then have ten days to notify us that it has filed a lawsuit relating to the allegedly infringing material otherwise we will restore the removed material or cease disabling access to it.

• Repeat Infringer Policy: 

Pursuant to Section 512 of the DMCA, it is our policy to terminate the account of any repeat copyright infringer in appropriate circumstances.

• Governing Law and Dispute Resolution

• Governing Law: The Terms and any dispute arising from the same will be governed by applicable laws of State of Oregon.

• Exclusive Jurisdiction: All disputes must first be attempted to resolved amicably, failing which, such controversy, conflict or dispute shall be finally settled by bringing it before the appropriate courts situated in Portland, Oregon (USA).

• Applicable Statute: The above-mentioned governing law and jurisdiction shall only apply to you unless the contrary has not been provided by the relevant statute, rules or directives applicable to the jurisdiction in which you reside. However, if the statute, rule or directive prevailing in the jurisdiction that you reside in provides for a different governing law and dispute resolution mechanism, in that case you are well within your rights to exercise the same. 

• Notices

When you use the Website or send emails to Cuir Elixir, you are communicating with us electronically. You consent to receive electronically any communications related to your use of this Website. Cuir Elixir will communicate with you by email or SMS or WhatsApp or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement. We may give notice by means of a general notice via electronic mail to your email address or SMS or WhatsApp, as available with us. If you want to give a notice to us, you can do so by dropping an electronic mail to [email protected].

• Miscellaneous

1. Severability: If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions of these Terms will continue in full force and effect.
2. Waiver: Our failure to insist on or enforce strict performance of these Terms & Conditions shall not be construed as a waiver by us of any provision or any right that we have to enforce these Terms and nor shall any course of conduct between Company and you or any other party be deemed to modify any provision of these Terms.
3. Survival: Notwithstanding any other provisions of these Terms & Conditions, or any general legal principles to the contrary, any provision of these Terms & Conditions that imposes or contemplates continuing obligations on either party shall survive the expiration or termination of these Terms & Conditions, for any reason whatsoever.
4. No Third-Party Beneficiaries: Except as otherwise expressly provided in these Terms & Conditions or the Terms of Purchase, there shall be no third-party beneficiaries to these Terms & Conditions.
5. No Assignment: You may not assign these Terms & Conditions (or any rights, benefits or obligations hereunder) by operation of law or otherwise without the prior written consent of Cuir Elixir, which may be withheld at Cuir Elixir’s sole discretion. Any attempted assignment that does not comply with these Terms & Conditions shall be null and void. 
6. Entire Agreement: The Terms, Disclaimer, Shipment Policy, Refund and Return Policy, our Privacy Policy as well as our Cookie Policy, together with any additional terms and conditions incorporated herein or referred to herein constitute the entire Agreement between Cuir Elixir and you, relating to the subject matter hereof, and supersedes any prior understanding or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on our Website.
7. Force Majeure: Cuir Elixir and its third party service providers will be excused from performance for any period during which, and to the extent that, such party or any subcontractor is prevented from performing any obligation or service (such as processing or shipment or delivery of your order), in whole or in part, as a result of causes beyond its reasonable control, and without its fault or negligence, including without limitation, acts of God, strikes, lockouts, riots, acts of terrorism or war, epidemics, communication line failures, power failures and government-imposed lockdowns or similar restrictions.
8. Content: All information, text, graphics, images, logos, descriptions, data, designs, videos, audios, trademarks, copyrighted material, trade dress, interfaces, specifications, catalogs, literature, advertisements, titles, names, user generated content, and any other materials provided on the Site and in our services, and through our products, are owned by us, and/or third parties, (collectively referred to as the “Content”). The Content may contain omissions, errors, or may be out of date. We reserve the right, in its sole discretion, to change, delete, update, modify or otherwise alter the Content at any time without providing notice to you. The Content is provided for informational purposes only and is not binding on us in any way, except to the extent that it is specifically and expressly indicated to be so.
9. Updates to these Terms: We may add to or change or update or modify these Terms at any time, from time to time, entirely at our own discretion, with or without any prior written notice. You are responsible for checking these Terms periodically. Your use of the Site and of our services, and your purchasing of our products, after any amendments to the Terms shall constitute your acceptance to such amendments. If you do not want to be bound by such amended Terms, please do not access the Site, use our services, or purchase our products. 

• Grievance Officer/Designated Representative

In the event you have any grievance regarding anything related to these Terms or Shipment Policy or Return & Refund Policy or Privacy Policy or Cookie Policy, or with any content or service or product of Cuir Elixir, in that case you may freely write your concerns to the Grievance Officer/Designated Officer at:

• Name:  Cuir Elixir LLC
• Email: [email protected]
• Contact: Steven Lin

• Feedback and Information

We welcome your questions or comments regarding the Terms. You can write to us via email: [email protected].

Last updated on ____2/2/2022___________.