Terms of service

TERMS OF SERVICE

OVERVIEW

Welcome to Centamerica! The terms "we", "us", and "our" refer to Centamerica (operating as "The Fragrance Bay"). Centamerica operates this store and website, including all related information, content, features, tools, products, and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Centamerica is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

 

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

 

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.

 

To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current, and complete and that you have all rights necessary to provide this information.

 

You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

 

SECTION 2 - OUR PRODUCTS & SAMPLE LIMITS

We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors, liquid hue, or product appearance may differ from how they appear on your screen due to your device settings, lighting, or display configuration.

We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be exactly identical to depictions rendered in our online stores.

  • Fragrance Interpretations: Our fragrances (including "No. 14") are independent creations inspired by luxury scent profiles. References to third-party brand names or scent profiles (such as Dior Sauvage) are made strictly for comparative and olfactory description purposes. Centamerica has no affiliation with, and is not endorsed by, these third-party brands.

  • Quantity Restrictions: To ensure fair access to promotional offerings, sample purchases (including 2ml spray samples) are strictly restricted to a maximum of three (3) samples per customer, household, and/or account. We reserve the right to automatically cancel or adjust orders that exceed this limit or circumvent our quantity controls.

All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region, or jurisdiction on a case-by-case basis.

 

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. Centamerica reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Centamerica confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as Centamerica may be unable to accommodate cancellation requests after an order is accepted.

In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the email, billing address, and/or phone number provided at the time the order was made.

Your purchases are subject to return or exchange solely in accordance with our Refund Policy. You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

 

SECTION 4 - PRICES AND BILLING

Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs, or import duties.

 

Prices posted in our online stores may be different from prices offered elsewhere. We may offer, from time to time, promotions on the Services (such as free shipping thresholds or sample offers) that are governed by terms separate from these Terms. If there is a conflict between promotional terms and these Terms, the promotional terms will govern.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made at our store. You agree to promptly update your account information, including your email address, shipping address, and payment card details, so that we can complete your transactions and contact you as needed.

You represent and warrant that:

  1. The credit card or payment information you provide is true, correct, and complete.

  2. You are duly authorized to use such payment method for the purchase.

  3. Charges incurred by you will be honored by your payment issuer.

  4. You will pay charges incurred by you at the posted prices, including shipping, handling, and all applicable taxes or duties, if any.

SECTION 5 - SHIPPING AND DELIVERY

We are not liable for shipping and delivery delays. All delivery times, transit estimates, and carrier schedules are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, incorrect addresses provided at checkout, or events outside our reasonable control. Once we transfer products to the carrier, title and risk of loss pass to you.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, logos, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Centamerica, its affiliates, or licensors and are protected by applicable copyright, trademark, and intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, republished, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights under any intellectual property of Centamerica, Shopify, or any third party.

 

"Centamerica", "The Fragrance Bay", and our associated logos, product names, designs, and slogans are trademarks of Centamerica or its affiliates. You must not use such trademarks without our prior written permission. Shopify’s name and logos are trademarks of Shopify. All other third-party trademarks, brand names, or logos referenced on the Services are the property of their respective owners.

SECTION 7 - OPTIONAL TOOLS

You may be provided with access to tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input over.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

 

Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

 

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites operated by third parties (including social media platforms such as Instagram). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or sites, you do so at your own risk.

 

We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on third-party sites. Please review carefully the third-party's policies and practices before engaging in any transaction.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Centamerica is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Centamerica. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Centamerica, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Centamerica.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy [[LINK TO PRIVACY POLICY]], and certain personal information may be subject to Shopify's Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services. Review our Privacy Policy for more details on how we and our partners handle your data.

SECTION 11 - FEEDBACK AND REVIEWS

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial marketing and social media promotion.

 

You represent and warrant that:

  1. You own or have all necessary rights to your Feedback.

  2. You have disclosed any compensation or incentives received in connection with your submission.

  3. Your Feedback complies with these Terms.

We have no obligation to (1) maintain Feedback in confidence; (2) pay compensation for Feedback; or (3) respond to Feedback. We reserve the right, but have no obligation, to monitor, edit, or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, or obscene.

SECTION 12 - ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on our site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).

 

SECTION 13 - PROHIBITED USES

You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly:

 

  • (a) For any unlawful or malicious purpose;

     

  • (b) To violate any international, federal, provincial, state, or local laws or regulations;

     

  • (c) To infringe upon or violate our intellectual property rights or the rights of others;

  • (d) To harass, abuse, insult, harm, defame, slander, disparage, or intimidate any person;

  • (e) To submit false or misleading information;

  • (f) To transmit or procure the sending of unsolicited advertising ("spam");

  • (g) To impersonate any other person or entity;

  • (h) To upload viruses, malware, or any code that affects the functionality of the Services;

  • (i) To collect or track the personal information of others; or

  • (j) To use any robot, spider, scraper, AI agent, or automated means to access, extract, or scrape data from the Services.

We reserve the right to suspend, disable, or terminate your account or cancel your orders at any time without notice if we determine you have violated any part of these Terms.

SECTION 14 - AGENTS

  • 14.1 This section applies if you use, allow, or deploy an Agent (autonomous or semi-autonomous software/bot acting on your behalf) to interact with the Services.

  • 14.2 No Agent may access the Services unless it identifies itself by including Agent/[agent name] in its HTTP user-agent header string, refrains from bypassing CAPTCHAs, and responds truthfully to automated verification checks.

  • 14.3 We reserve the right to limit or block any Agent from interacting with our store or checkout.

SECTION 15 - TERMINATION

We may terminate this agreement or your access to the Services in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination. Provisions that by their nature should survive termination shall survive (including Intellectual Property, Limitation of Liability, Indemnification, and Governing Law).

SECTION 16 - DISCLAIMER OF WARRANTIES

EXCEPT AS EXPRESSLY STATED BY CENTAMERICA, THE SERVICES AND ALL PRODUCTS OFFERED ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT YOUR USE OF OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

SECTION 17 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO CASE SHALL CENTAMERICA, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS (OR THOSE OF SHOPIFY) BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND—INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, OR REPLACEMENT COSTS—ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PROCURED THROUGH THE SERVICES.

SECTION 18 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Centamerica, Shopify, and our respective affiliates, officers, directors, employees, agents, and service providers from any claims, losses, liabilities, or expenses (including reasonable legal fees) arising out of your breach of these Terms, your violation of any law, or your misuse of the Services.

SECTION 19 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed without affecting the validity and enforceability of remaining provisions.

SECTION 20 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the province or state in which Centamerica is headquartered, without regard to conflict of law principles. You consent to the exclusive jurisdiction and venue of the courts in that jurisdiction.

SECTION 21 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page. We reserve the right, in our sole discretion, to update or replace any part of these Terms by posting updates to our website. Your continued use of the website following any changes constitutes acceptance of those changes.

SECTION 22 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at support@centamerica.com.

Centamerica (The Fragrance Bay)

Email: support@centamerica.com

Website: [www.centamerica.com](https://www.centamerica.com)