Terms of Sale & Use

01Agreement

This website and the store “MA” are operated by O3 Holdings LLC, a Virginia limited liability company (“we,” “us” or “our”). These Terms of Sale & Use (the “Terms”) govern your access to and use of this website and any related pages, forms, emails and services (together, the “Site”), and every purchase of products from us through the Site (the “Products”).

By using the Site, joining our list, or placing an order, you agree to these Terms and to our Privacy Policy and Shipping & Returns Policy, which are part of these Terms. If you do not agree, do not use the Site or purchase Products.

We may update these Terms from time to time. The version posted on the Site, with its effective date, applies to your use of the Site from that date. The version in effect when you place an order applies to that order. Material changes will be highlighted on the Site or communicated by email where we have your address.

02Eligibility

You must be at least 18 years old, or the age of majority where you live if higher, to place an order. If you are younger, you may use the Site and purchase only with the involvement and consent of a parent or legal guardian, who accepts these Terms on your behalf. The Site is not directed to children under 13 (or under 16 in the EEA and UK).

03Accounts

You do not need an account to use the Site or claim samples. If you create one, you agree to give accurate information, keep your password confidential, and tell us promptly about any unauthorized use. You are responsible for activity under your account. One account per person. We may suspend or close accounts used in breach of these Terms, including to get around sample limits. You may close your account at any time through support@maunseen.com.

04Products & descriptions

Each fragrance is identified by a code (for example, #1688). During sample testing, each code is a scent concept, not a finished formula. Concept descriptions (such as “warm woods”) and scent groupings (such as “Woods, Ambers & Aromatics”) are our good-faith descriptions of the intended character of a fragrance. They are not guarantees. We publish notes and performance information only once a formula is final. How a fragrance smells, how long it lasts and how far it projects varies with skin chemistry, climate, application and individual perception.

Our fragrances may contain natural materials, so small variations in color and scent between production batches are normal and are not defects. Images and illustrations, including drawn depictions of bottles, are representative and may differ from the Product you receive. We may change formulations, packaging or specifications at any time, including to comply with law or industry standards.

We try to describe Products accurately, but we do not warrant that descriptions or other content on the Site are complete, current or error-free. If a Product is not as described, your remedy is set out in our Shipping & Returns Policy.

05Product safety

Our Products are cosmetics for external use only. Before and during use:

• Read the label and the full ingredient and allergen list provided with each Product.
• If you have sensitive skin or known allergies, test a small amount on a small area of skin and wait 24 hours before wider use. Our samples exist so you can do this before buying a full bottle.
• Stop using a Product immediately if irritation, redness or another reaction occurs, and seek medical advice if it persists.
• Avoid contact with eyes, mucous membranes, and broken or irritated skin. Do not ingest.
• Products contain alcohol and are flammable. Keep away from heat, sparks, open flame and direct sunlight. Do not spray near a flame or while smoking.
• Keep out of reach of children and pets.

You are responsible for checking the ingredient list against your own allergies and sensitivities. Please report any adverse reaction to us through support@maunseen.com so we can record and investigate it.

06Orders & acceptance

Adding a Product to your cart does not reserve it. When you submit an order, you are making an offer to buy. Any confirmation we send on receipt of your order only acknowledges that we received it. A contract for the sale of a Product is formed only when we accept your order by sending a shipping confirmation, and only for the Products listed in that confirmation.

We may decline or cancel any order, or any part of an order, before shipment, including where a Product is unavailable, where there is an error in price or description, where we suspect fraud or unauthorized use of a payment method, where an order appears to be placed for resale, or where we cannot ship to your address. We may limit quantities per order, per customer, per household or per address. If we cancel an order after you have been charged, we will refund the amount charged for the cancelled items.

07Launch list & reminders

Full-size products are not yet for sale. When you tap “Notify me” on a fragrance code or join our list, you ask us to email you about releases and launches, including the launch of that code. Joining is not an order or a pre-order: no payment is taken, nothing is reserved, and we do not promise that any particular fragrance will be produced, or at any particular price or date. You can unsubscribe at any time.

08Prices, taxes & payment

Prices and charges (including sample shipping charges) are shown in U.S. dollars unless stated otherwise. Shipping is shown before you pay. Applicable sales tax, VAT, GST or similar taxes are added at checkout where we are required to collect them. For orders shipped outside the United States, import duties, taxes and customs or brokerage fees may be charged by the destination country. Unless they are expressly collected at checkout, those charges are your responsibility and are payable to the carrier or customs authority on delivery.

Prices and availability may change at any time before we accept your order. If a Product is listed at an incorrect price because of a typographical or system error, we may cancel the order (or the affected part) and refund any amount charged, even after an order confirmation, unless the contract has already been formed under Section 6, in which case we will contact you to offer the choice of paying the correct price or cancelling for a full refund.

Payments are processed by third-party payment providers. We do not receive or store your full card number. You represent that you are authorized to use the payment method you provide, and you authorize us and our payment providers to charge it for the total amount of your order, including taxes and shipping.

09Free sample program

We offer free samples of our fragrance codes (each a single vial of approximately 2 ML) so people can try them and tell us what they think before we produce full-size bottles. The following terms apply to every sample request:

• The sample is free; shipping is not. You pay the cost of shipping your samples, which we calculate from your destination and the number of vials and show to you before you pay. We set this charge to cover carrier postage only and do not add a handling fee or markup. Payment is processed by Stripe.
• One of each code per person. Each person, household and shipping address may receive one sample of each fragrance code, whether or not they use an account. You may request several different codes in one order, or request a code you have not yet received later. To apply this limit, we compare email addresses, accounts and a normalized form of the shipping address.
• Limited quantities. Samples are produced in small batches and offered while they last, on a first-come basis. Your selection is held for about 30 minutes while you complete payment, then released if payment is not completed.
• Our right to cancel. We may decline or cancel any sample request, including one that appears to duplicate an earlier request, uses false or multiple identities, or is placed for resale. If we cancel a request after you have paid shipping, we will refund the shipping charge in full; that refund is your only remedy for a cancelled request.
• Not for resale. Samples are for your personal evaluation only and may not be sold, auctioned or redistributed.
• Returns and lost parcels. Samples cannot be returned. If a sample is lost in transit or arrives damaged, the remedies in our Shipping & Returns Policy apply.
• No commitment to produce. Sample formulas are in development. We may change or not produce any fragrance, and the full-size product may differ from the sample.
• Changes. We may change, pause or end the sample program at any time. Changes do not affect requests whose shipping you have already paid.

10Ratings

If you received a sample, you may rate it: an overall rating on a five-point face scale, how long it lasted, how far it carried, whether you would buy a full bottle at a stated price, and an optional note. A stated price is a research question, not an offer to sell at that price. Ratings must reflect your honest, personal experience of a sample you actually received, and you may not offer or accept anything of value in exchange for a rating. Ratings are one of the inputs we use, alongside scent quality, safety, production feasibility, cost and demand, when deciding which fragrances to produce, and we may display them in aggregate (for example, totals and averages) on the Site. We do not publish your name or note with your rating without your permission. Section 16 applies to ratings and notes. We may remove ratings that are fraudulent, duplicated or otherwise breach these Terms, but we do not remove or suppress genuine negative ratings.

11Promotions & codes

Promotional and discount codes are subject to the terms stated with them, are valid only while the promotion runs, have no cash value, may not be sold or transferred, and may be limited to one use per customer. We may refuse or reverse discounts obtained through error, fraud or a breach of these Terms.

12Shipping, title & risk

Shipping options, timing, destinations and restrictions are described in our Shipping & Returns Policy. Delivery dates are estimates and not guaranteed. Title to Products passes to you when we deliver them to the carrier. Risk of loss and damage passes to you when the Products are delivered to the address you provided (or to a location you or the carrier designate on your behalf).

You are responsible for providing a complete and accurate shipping address and for complying with the import laws of your destination country. Fragrances are flammable goods, and some carriers and countries restrict how or whether they may be shipped. We may decline to ship to any destination.

13Returns & refunds

Returns, refunds, damaged deliveries and the statutory withdrawal rights of consumers in certain countries are governed by our Shipping & Returns Policy.

14Personal use & resale

Products sold through the Site are for personal use only. You may not purchase Products for commercial resale or redistribution without our prior written agreement. For wholesale, stockist or press enquiries, reach us through support@maunseen.com.

15Intellectual property

The Site and its content, including text, product codes as used in connection with our Products, label and packaging designs, graphics, illustrations, photographs, layouts, software and the selection and arrangement of all of these, are owned by or licensed to O3 Holdings LLC and are protected by copyright, trademark, trade dress and other laws. We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Site for your personal, non-commercial use, subject to these Terms.

You may not copy, reproduce, modify, distribute, publicly display, create derivative works from, or commercially exploit any part of the Site, or use our product codes, label designs or packaging in a way that is likely to cause confusion about the source of goods, without our prior written consent. Sharing links to the Site and posting your own photographs of Products you purchased is welcome.

16Reviews, feedback & submissions

If you send us reviews, comments, photographs, ideas or other material (“Submissions”), you confirm that you have the right to do so and that your Submission is truthful, reflects your genuine experience, and does not infringe anyone’s rights. You grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, edit, publish and display your Submission in any media, with or without your name, for any purpose connected with our business. We will not publish your full name or image with a Submission without your permission. Feedback and ideas are given voluntarily and without any expectation of compensation, and we may use them freely.

17Acceptable use

You agree not to:

• use the Site for any unlawful, fraudulent or harmful purpose, or in breach of these Terms;
• submit false information, impersonate another person, or use a payment method you are not authorized to use;
• interfere with or disrupt the Site, its security, or its servers, including by introducing malware or attempting to gain unauthorized access;
• use bots, scrapers or other automated means to access the Site, place orders, or collect content or data, except standard search-engine indexing;
• submit spam or unsolicited messages through our forms; or
• circumvent any purchase limit, pricing or promotion rule.

We may suspend or block access to the Site, and cancel orders, if we reasonably believe you have breached this Section.

18Third-party services

The Site relies on third-party services, such as hosting, database, analytics, e-commerce, payment and shipping providers, and may link to third-party websites. We are not responsible for third-party websites or for the acts or omissions of third-party providers outside our reasonable control. Your use of a third-party service may also be subject to that provider’s own terms and privacy policy.

19Disclaimers

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND, EXCEPT AS EXPRESSLY STATED IN THESE TERMS OR REQUIRED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, OR THAT A FRAGRANCE WILL SUIT YOUR PERSONAL PREFERENCE OR SKIN.

Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you. Nothing in these Terms excludes or limits any warranty, guarantee or right that cannot be excluded or limited under applicable law, including the statutory rights of consumers in the EEA and UK.

20Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) O3 HOLDINGS LLC AND ITS MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA OR GOODWILL, ARISING OUT OF OR RELATED TO THE SITE, THE PRODUCTS OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SITE, THE PRODUCTS OR THESE TERMS WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID US FOR THE PRODUCT(S) GIVING RISE TO THE CLAIM AND ONE HUNDRED U.S. DOLLARS (US$100).

These limitations apply regardless of the legal theory on which a claim is based. They do not limit liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, for our gross negligence or willful misconduct, or for any other liability that cannot be limited or excluded under applicable law.

21Indemnification

To the extent permitted by law, you agree to indemnify and hold harmless O3 Holdings LLC and its members, managers, employees and contractors from any claims, losses, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) arising out of your breach of these Terms, your misuse of the Site or Products, your Submissions, or your violation of any law or the rights of a third party. This Section does not apply to consumers to the extent prohibited by the laws of the country where they live.

22Disputes & arbitration

Informal resolution first. Before starting arbitration or a court case, you and we each agree to try to resolve any dispute informally. The party raising a dispute must send the other a written notice describing the dispute and the relief sought (to us, through legal@maunseen.com). If the dispute is not resolved within 30 days after the notice is received, either party may proceed as described below.

Binding individual arbitration. If you live in the United States, you and O3 Holdings LLC agree that any dispute, claim or controversy arising out of or relating to these Terms, the Site or any Product (a “Dispute”) will be resolved by binding arbitration on an individual basis, administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect, except as provided below. The arbitrator, and not any court, will decide questions of arbitrability, except that a court will decide any question about the enforceability of the class action waiver below. Unless you and we agree otherwise, the arbitration will take place by video conference or in the county where you live, and claims of US$10,000 or less may be decided on written submissions. Payment of filing, administration and arbitrator fees is governed by the AAA rules, and we will pay any of those fees that the AAA rules or applicable law require us to pay. The Federal Arbitration Act governs this Section.

Exceptions. Either party may bring an individual claim in small claims court if it qualifies, and either party may seek an injunction in court to stop infringement or misuse of intellectual property.

Class action and jury waiver. YOU AND WE EACH AGREE THAT DISPUTES WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, CONSOLIDATED OR REPRESENTATIVE PROCEEDING, AND YOU AND WE EACH WAIVE THE RIGHT TO A JURY TRIAL. If this class action waiver is found unenforceable as to a particular claim, that claim (and only that claim) will be decided in court under Section 23, and not in arbitration.

Your right to opt out. You may opt out of this arbitration agreement by sending us written notice through legal@maunseen.com within 30 days after you first accept these Terms, stating your name, email address and that you opt out of arbitration. Opting out does not affect any other part of these Terms.

Time limit. To the extent permitted by law, any Dispute must be brought within one year after it arises, or it is permanently barred.

23Governing law & venue

These Terms and any Dispute are governed by the laws of the Commonwealth of Virginia and applicable U.S. federal law, without regard to conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Subject to Section 22, any Dispute that is not subject to arbitration will be brought exclusively in the state or federal courts located in the Commonwealth of Virginia, and you and we consent to the personal jurisdiction of those courts.

24International customers

If you are a consumer who lives outside the United States, Section 22 does not apply to you where the law of your country does not permit it, and the choice of law in Section 23 does not deprive you of the protection of the mandatory provisions of the law of the country where you live. You may bring proceedings in the courts of the country where you live where that law gives you that right. Consumers in the EEA may also use any out-of-court dispute resolution body available to them under local law, but we are not obliged to and do not currently participate in any such procedure.

You are responsible for knowing and complying with the laws of your country that apply to importing and using our Products.

25General terms

• Entire agreement. These Terms, together with the policies they reference and any order confirmation, are the entire agreement between you and us about their subject matter.
• Severability. If any provision is found invalid or unenforceable, it will be enforced to the maximum extent permissible and the remaining provisions will remain in full effect.
• No waiver. Our failure to enforce a provision is not a waiver of our right to enforce it later.
• Assignment. You may not assign or transfer these Terms without our consent. We may assign them in connection with a merger, acquisition, reorganization or sale of assets, or by operation of law.
• Events outside our control. We are not liable for delay or failure to perform caused by events beyond our reasonable control, including natural disasters, epidemics, war, government action, labor disputes, supplier or carrier failures, and internet or utility outages.
• Electronic communications. You consent to receive communications from us electronically and agree that electronic notices satisfy any legal requirement that communications be in writing.
• Headings and interpretation. Headings are for convenience only. “Including” means “including without limitation.” If a translation of these Terms conflicts with the English version, the English version controls to the extent permitted by law.
• Survival. Provisions that by their nature should survive termination of your use of the Site or completion of an order (including Sections 15 through 25) will survive.

26Contact

O3 Holdings LLC, a Virginia limited liability company, operating as MA. Questions about these Terms, and legal notices, can be sent through legal@maunseen.com.