XMann Solutions LLC — Terms of Service

Effective Date: Effective Date: August 1, 2025
Last Updated: August 1, 2025

These Terms of Service ("Terms") govern the purchase and use of all fragrance‑related products ("Products") offered by XMann Solutions LLC, doing business as XMann Perfumery ("Company," "we," "us," or "our"), through our website located at https://xmannperfumery.com (the "Site") and any associated mobile or desktop applications, social‑media pages, or e‑commerce platforms (collectively, the "Services"). By accessing or using the Services or purchasing a Product, you ("you" or "Customer") agree to be bound by these Terms and by our Privacy Policy, which is incorporated herein by reference.

Important Notice on Dispute Resolution: These Terms contain an Arbitration Agreement requiring most disputes to be resolved through binding arbitration on an individual basis. Please review Section 15 carefully.

1. Eligibility

You must be at least 18 years of age (or the age of majority in your jurisdiction) and legally capable of entering into a binding contract to purchase Products or use the Services. By accessing the Services, you represent and warrant that you satisfy these eligibility requirements.

2. Account Registration

Creating an account is optional but may offer faster checkout, order tracking, and personalized Services. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. We reserve the right to suspend or terminate any account at our sole discretion.

3. Product Information & Availability

We strive to display accurate descriptions, pricing, and availability. However, we do not guarantee that all information is error‑free, complete, or current, and we reserve the right to correct any errors or omissions. All Products are subject to availability. We may discontinue or change any Product at any time without notice.

4. Prices & Payment

All prices are listed in U.S. Dollars (USD) and are exclusive of applicable sales tax, duties, or shipping fees, which will be calculated at checkout. We accept the payment methods displayed at checkout and charge your chosen method when you place your order. By submitting payment information, you represent and warrant that (i) you are authorized to use the designated payment method and (ii) the information is true and correct.

5. Shipping, Risk of Loss & Title

We currently ship to locations indicated on the Site and only via ground‑approved carriers for flammable liquids (UN 1266 Limited Quantity). Title and risk of loss pass to you when we deliver the package to the carrier. We are not responsible for shipping delays or failures caused by events beyond our reasonable control.

6. No Return / No Exchange Policy

ALL SALES ARE FINAL. Due to the artisanal nature of our fragrances and hygiene regulations, we do not accept returns, refunds, or exchanges once an order has shipped. We encourage Customers to purchase sample sizes where available before committing to full‑size bottles.

7. Allergic Reactions & Patch Test Disclaimer

Our Products contain concentrated essential oils, aroma molecules, and alcohol. Individual sensitivities and allergies vary. By purchasing, you acknowledge and agree that:

• You are solely responsible for reviewing each ingredient list (INCI/common names) provided on the Product label and on the Site.

• You will perform a small skin patch test prior to full use.

• XMann Solutions LLC shall not be liable for any allergic or adverse reactions, sensitivities, or injuries arising from your use or misuse of any Product. If irritation occurs, discontinue use immediately and consult a physician.

8. Safety, Compliance & Intended Use

Products are for external use only. Keep away from children, pets, open flames, and heat sources. Do not ingest. Our fragrances comply with applicable U.S. cosmetic regulations, including the Modernization of Cosmetics Regulation Act (MoCRA) and IFRA 51st Amendment guidelines where applicable. We make no claim that the Products comply with laws outside the United States.

9. Intellectual Property

The Services and all related content — including but not limited to graphics, logos, trademarks, text, photographs, and bottle designs — are the exclusive property of XMann Solutions LLC or its licensors and are protected by U.S. and international intellectual‑property laws. No license is granted except as expressly provided herein.

10. User Content

If you submit reviews, messages, or other content ("User Content"), you grant us a perpetual, royalty‑free, worldwide license to use, reproduce, adapt, and display such User Content in connection with the Services. You represent that you own or control all rights in any User Content you submit.

11. Disclaimer of Warranties

THE SERVICES AND PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON‑INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR‑FREE, OR SECURE.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL XMann Solutions LLC OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO THE PRODUCTS OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE PRODUCT(S) THAT GAVE RISE TO THE CLAIM.

13. Indemnification

You agree to defend, indemnify, and hold harmless XMann Solutions LLC and its affiliates from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to (i) your use or misuse of the Products or Services, (ii) your violation of these Terms, or (iii) your violation of any law or the rights of a third party.

14. Governing Law

These Terms and any dispute arising hereunder shall be governed by and construed in accordance with the laws of the State of Ohio, U.S.A., without regard to its conflicts‑of‑law principles.

15. Dispute Resolution & Arbitration Agreement

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS.
(a) Informal Resolution.  Before filing a claim, you agree to contact us at support@xmannperfumery.com to attempt to resolve the dispute informally.
(b) Binding Arbitration.  If we cannot resolve the dispute within 30 days, any claim (except claims for injunctive or equitable relief) shall be resolved by final and binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules.
(c) Class‑Action Waiver.  You and we agree to bring claims only on an individual basis and not as a plaintiff or class member in any purported class or representative proceeding.

16. Severability

If any provision of these Terms is held to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the remaining Terms shall otherwise remain in full force and effect.

17. Changes to Terms

We may update these Terms from time to time in our sole discretion. When we do, we will revise the “Effective Date” above. Continued use of the Services after any such changes constitutes acceptance of the new Terms.

18. Entire Agreement

These Terms, together with any policies or operating rules posted on the Site and any written purchase agreement between you and us, constitute the entire agreement between XMann Solutions LLC and you regarding the Products and Services, superseding any prior agreements or understandings.

19. Contact Us

Questions or concerns? Please contact:

XMann Solutions LLC
Attn: Customer Support
Email: xmannllc@gmail.com