Terms of Service
Please read these Terms of Service ("Terms," "Terms of Service") carefully before using the CHRISRUSAK.COM website or its subdomains (the "Website") operated by CHRIS RUSAK LLC, a Nevada Limited Liability Company ("us," "we," "our") as these Terms of Service contain important information regarding limitations of our liability. Your access to and use of this Website is conditional upon your acceptance of and compliance with these Terms. These Terms apply to everyone, including but not limited to visitors, users and others, who wish to access and use the Website.
By accessing or using the Website, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you do not have our permission to access or use the Website.
OUR OFFERS AND PRICING
We offer goods and digital products on this Website. The price of these goods and digital products can be found listed on the Website. Prices are subject to change at any time and without notice. Prices do not include taxes or other fees that you may be charged.
PURCHASES
When you make a purchase on the Website, you will be able to choose the third party payment processor that will collect your payment information and process your payment. You may make purchases using the following third party payment processors: Apple Pay, Google Pay, Shopify, and Shop Pay. We are not responsible for the collection, use, sharing or security of your billing information by these third party payment processors. The following payment method(s) are accepted by the third party payment processors: American Express, bank transfer, Diners Club, Discover, MasterCard, and Visa.
You hereby represent and warrant that you have the legal right to use the payment method(s) in connection with any purchase and that the information that you supply to us and to the third party payment processor(s) is true, correct and complete.
CANCELLATION POLICY
We reserve the right to cancel your purchase for any reason, at our sole discretion, including but not limited to fraud, suspicious addresses, inaccuracies, and unavailability of the items or services purchased.
We will issue you a refund of the full purchase price that you paid if we cancel your purchase.
We offer cancellations on purchases made of the goods offered on our Website. We offer cancellations only prior to fulfillment. You may cancel your order by replying to your order confirmation or emailing us at orders [at] chrisrusakperfume [dot] com.
If you cancel your purchase, you will be charged a cancellation fee of 5% of the total order.
Purchases of digital products are final sale only and cannot be cancelled.
REFUND POLICY
Only products in unopened original packaging that have not been tampered with or used in any manner or that are damaged or defective upon delivery may be returned for a refund or exchange. Accordingly, We encourage you to try samples of any perfume prior to purchasing a full bottle, as perfume is a very intimate and personal experience.
Samples or digital products are ineligible for return, refund, or exchange.
Full bottles of perfume that are wrapped, unopened, and unused can be returned within seven calendar days of delivery receipt by replying to your order confirmation email and requesting a return authorization shipping label. Shipping costs will be deducted from your refund, which will be processed within seven business days of receipt, and issued at our discretion via original payment method or a business check.
Opened or used perfume bottles, all perfume samples, all Discovery Sets, and all digital products are non-returnable and non-refundable.
Only products purchased through the Website may be returned in accordance with this return policy. Products purchased through any other outlet are subject to the return policies applicable to such outlets.
Shipping charges are non-refundable. However, if approved, replacement products will be shipped free of charge, except where expedited shipping is requested.
SHIPPING POLICY
When you purchase our goods, either We or a third party will ship these goods to you. If a third party is used for shipping, the shipping will be governed by that third party’s Terms of Service and other applicable policies. Please contact us to gain access to the third party’s identity and policies.
When you purchase our goods, the cost of the shipping will be calculated and presented to you during the checkout process.
Orders which are eligible for Free US Shipping are sent by the shipping carrier of Our choosing; complimentary shipping applies only to the initial shipment of each order.
With respect to the shipment of products and services sold through the Website, risk of loss and title for items purchased from the Website pass to you upon delivery of the items to the carrier. Should your item not be received but your tracking information indicates that your order was delivered:
1. Check with neighbors and family members
2. Look around the delivery location
3. Check for notice of attempted delivery
4. Contact the carrier directly who can assist further
Any orders that are marked as Return to Sender, Refused, Addressee Not Known, or Undeliverable by shipping carriers, or any order returned to the studio as undelivered for any reason, will require payment of additional shipping charges before being resent. Customers will be contacted upon the studio's receipt of undelivered merchandise to arrange for payment of reshipment fees.
Any claims of damaged or defective merchandise must be reported to us within three (3) calendar days of receipt of shipment.
Any orders returned as undelivered for any reason for which reshipment fees are not paid within fourteen (14) calendar days after invoicing will be considered abandoned and ineligible for a refund.
Some items require special handling as specified by federal, state, and/or local regulations governing the transport of these items. In addition, the shipment of some products to certain locations may not be possible.
PROHIBITED USES
You agree that you will use this Website in accordance with all applicable laws, rules, regulations and these Terms at all times. The following is a non-exhaustive list of prohibited uses of this Website. You agree that you will not perform any of the following prohibited uses:
1. Impersonating or attempting to impersonate CHRIS RUSAK LLC or its employees, representatives, subsidiaries or divisions;
2. Misrepresenting your identity or affiliation with any person or entity;
3. Sending or attempting to send any advertising or promotional material, including but not limited to spam, junk mail, chain mail or any similar material;
4. Engaging in any conduct that restricts or inhibits any person’s use or enjoyment of the Website, or which, as determined in our sole discretion, may harm us or the users of this Website or expose us or other users to liability;
5. Using the Website in any manner that could disable, overburden, damage or impair the Website or interfere with another party’s use of the Website;
6. Using any robot, spider or other similar automatic technology, process or means to access or use the Website for any purpose, including monitoring or copying any of the material on this Website;
7. Using any manual process or means to monitor or copy any of the material on this Website or for any other unauthorized purpose;
8. Using any device, software, means or routine that interferes with the proper working of the Website, including but not limited to viruses, trojan horses, worms, logic bombs or other such materials;
9. Attempting to gain unauthorized access to, interfering with, damaging or disrupting any parts of the Website, the server(s) on which the Website is stored, or any server, computer or database connected to the Website;
10. Attempting to attack or attacking the Website via a denial-of-service attack or a distributed denial-of-service attack;
11. Otherwise attempting to interfere with the proper working of the Website;
12. Using the Website in any way that violates any applicable federal, state or local laws, rules or regulations.
NO WARRANTY ON PURCHASES
THIS WEBSITE IS PROVIDED “AS IS,” NO WARRANTY, EXPRESS OR IMPLIED (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, OF SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE) SHALL APPLY TO THIS WEBSITE, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
REMEDIES
You agree that the remedy for breach of this Terms of Service as it relates to your purchase shall be replacement. You also agree that the remedy for breach of this Terms of Service as it relates to your purchase shall be to pursue dispute resolution as provided in the “governing law, severability, dispute resolution, venue and class action waiver” section below. These remedies are intended to be your sole and exclusive remedies for any breach of this Terms of Service as it relates to your purchase.
AVAILABILITY, ERRORS AND INACCURACIES
We assume no liability for the availability, errors or inaccuracies of the information, products or services provided on this Website. We may experience delays in updating information on this Website and in our advertising on other websites. The information, products and services found on the Website may contain errors or inaccuracies or may not be complete or current. Products or services may be incorrectly priced or unavailable. We expressly reserve the right to correct any pricing errors on our Website. The inclusion or offering of any product or service on this Website does not constitute an endorsement or recommendation of such product or service by us.
DAMAGES AND LIMITATION OF LIABILITY
IN NO EVENT SHALL CHRIS RUSAK LLC BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, RELATING TO OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE, INCLUDING BUT NOT LIMITED TO YOUR RELIANCE UPON OPINIONS OR INFORMATION APPEARING ON THIS WEBSITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED WEBSITES OPERATED BY THIRD PARTIES, PRODUCTS OR SERVICES OBTAINED THROUGH THIS WEBSITE, WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, CONSUMER PROTECTION STATUTES OR OTHERWISE, EVEN IF CHRIS RUSAK LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF, DESPITE THE LIMITATION ABOVE, CHRIS RUSAK LLC IS FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED ABOVE, THEN THE LIABILITY OF CHRIS RUSAK LLC WILL IN NO EVENT EXCEED THE SERVICE FEES YOU PAID TO CHRIS RUSAK LLC IN CONNECTION WITH SUCH TRANSACTION(S) ON THIS WEBSITE. THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS OF USE IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF LIABILITY PROVIDED IN THESE TERMS OF USE INURE TO THE BENEFIT OF CHRIS RUSAK LLC. THE AGGREGATE LIABILITY OF CHRIS RUSAK LLC ARISING OUT OF OR RELATING TO THIS WEBSITE, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE SHALL BE LIMITED TO THE AMOUNT OF FEES ACTUALLY RECEIVED BY CHRIS RUSAK LLC FROM YOU.
LINKS TO THIRD PARTY WEBSITES
This Website may contain hyperlinks to websites operated by third parties and not by us. We provide such hyperlinks for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is your responsibility to take precautions to ensure that whatever links you click on or software that you download, whether from this Website or other websites or applications, is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
INTELLECTUAL PROPERTY AND DMCA NOTICE AND PROCEDURE FOR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS
All contents of this Website are ©2014 - 2024 CHRIS RUSAK LLC or third parties. All rights reserved. Unless specified otherwise, this Website and all content and other materials on this Website including but not limited to all logos, designs, text, graphics, pictures, information, data, software, sound files, and arrangement thereof (collectively, “Content”) are the proprietary property of CHRIS RUSAK LLC and are either registered trademarks, trademarks or otherwise protected intellectual property of CHRIS RUSAK LLC or third parties in the United States and/or other countries. The content contained on this website may not be copied, photocopied, reproduced, distributed, transmitted, displayed, published, broadcast, translated, downloaded, or reduced to any electronic medium or machine-readable form, in whole or in part, without prior written consent of CHRIS RUSAK LLC. Any other reproduction in any form without the permission of CHRIS RUSAK LLC is prohibited.
If you are aware of a potential infringement of our intellectual property, please contact Chris Rusak at IP@CHRISRUSAK.COM.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Website infringes on the copyright, trademark or other intellectual property rights of any person or entity.
If you believe in good faith that the Content infringes on your intellectual property rights, you or your agent may send us a written notice of such infringement titled “Infringement of Intellectual Property Rights - DMCA.” Your notice to us must include the following information:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property right’s interest;
2. A description of the work that you claim has been infringed, including the URL (i.e., web page address) of the location where the work exists or a copy of the work;
3. Your name, email, address and telephone number; and
4. A statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the work, its agent or the law.
Please note that we will not process your complaint if it is not properly filled out or is incomplete. You may be held accountable for damages, including but not limited to costs and attorneys’ fees for any misrepresentation or bad faith claims regarding the infringement of your intellectual property rights by the Content on this Website.
You may submit your claim to us by contacting us at:
CHRIS RUSAK LLC
Attn: IP/DMCA
PO BOX 230275
Las Vegas, NV 89105-0275
IP@CHRISRUSAK.COM
UNITED STATES
GOVERNING LAW, SEVERABILITY, DISPUTE RESOLUTION AND VENUE
These Terms shall be governed and construed in accordance with the laws of the state of Nevada, United States, without regard to its conflict of laws provisions. THESE TERMS SHALL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE SALE OF INTERNATIONAL GOODS, THE UNIFORM COMMERCIAL CODE, NOR INCOTERMS.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between you and us regarding our Website, and supersede and replace any prior agreements we might have had with you regarding the Website.
Any controversy or claim arising out of or relating to these Terms including but not limited to the interpretation or breach thereof shall be resolved in a court of competent jurisdiction in Clark County, Nevada.
YOU AND CHRIS RUSAK LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless CHRIS RUSAK LLC from any and all claims, liabilities, expenses, and damages, including reasonable attorneys' fees and costs, related to: (a) your use or attempted use of the Goods; (b) your violation of any law or rights of any third party; or (c) user content, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights
CHANGES TO TERMS OF SERVICE
We reserve the right to make changes to these Terms of Service at any time. We will not provide you with any notice when we make changes to this Terms of Service.
QUESTIONS
If you have any questions about our Terms of Service, please contact us at questions [at] chrisrusak [dot] com.
LAST UPDATED: June 24, 2024