Terms of service

TERMS & CONDITIONS

Effective Date: January 1, 2019

Welcome to the Tony + Frank LLC Website (the "Site").
Tony + Frank LLC provides the content and services available on the Site to you subject to the following terms and conditions, our Privacy Policy and other terms and conditions and policies which you may find throughout our Site in connection with certain functionality, features or promotions as well as customer service, all of which are deemed a part of and included within these terms and conditions (collectively, "Terms and Conditions"). By accessing or using the Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions.
We don’t enjoy the legal fine print, but it is a necessary thing. Bottom line:
We are a very small business and will do our darn best to be accurate, respond asap, and treat you like we would want to be.
We respect privacy and try our best using solid partners for web hosting and email.
We hope you enjoy the fragrances as much as we do. We really want to share the experience. We only ask that folks respect our creative endeavors and don’t try to shortcut their own fragrance business development… you know who you are.

IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, YOU MAY NOT USE OUR SITE.

PRODUCT PURCHASES ARE FOR PERSONAL USE
The products and services available on the Site, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the product, or samples thereof, you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms and Conditions. If you are interested in being a retailer of our creations, email us at tony@tonyandfrank.com

To make a purchase on the Site, you must be 18 years old.

PRICES
The prices are shown in USD since we only sell and ship within the USA (at this time) and are quoted to include taxes and shipping:

These will be automatically shipped by USPS.
The prices may be modified at any time; however, Tony + Frank LLC honors and respects the price list in force shown on its Internet site at the time of ordering. Once again, if it would irk us, we won’t do it to you either.
Orders are payable in USD and no exception will be made.

PAYMENT
Payment is handled through Shopify, their security, and their technology.
Online payment uses SSL protocol, which offers maximum security. The information transmitted is entirely encoded, is not seen, not stored and is not shared with anyone. We wouldn’t put up with shenanigans, and we won’t allow that with you either.

SHIPPING
We do our best to keep the site inventories accurate. In case items are temporarily or permanently unavailable, we will send you an e-mail so that you are informed. You will then have the option of modifying or canceling your order. In case of a cancellation because of the temporary or permanent non-availability of items, we will give you a full refund as quickly as possible. In confirming your order, you are accepting all of our general conditions of sale. Tony + Frank LLC takes no responsibility for lost shipments, but we will do our best to track them down with the shipper.

Delivery times will vary according to the distance and weather. Tony + Frank LLC cannot be held responsible for any delays in delivery beyond our control. Delayed delivery will not give rise to any penalty nor indemnity, and cannot be used as reason for cancelling the order.

Please note that all our packages to US are shipped via USPS at this time. There are a ton of restrictions shipping alcohol based perfumes, so we try our best to get it to you asap and respect safety restrictions.

We DO NOT ship to PO boxes or APO/FPO addresses in the US.

Please also note that tracked deliveries that cannot be delivered because of absent clients will be shipped again at the client’s expense or cancelled. For specific delivery lead times, please contact us with your request before placing your order. You may reach us by e-mail at tony@tonyandfrank.com Monday through Friday, 9 am through 5 pm EST.
Once an order has been placed, the shipping option cannot be modified.
Your order will be shipped to the delivery address you provided.
Please make sure to provide all the details needed including apartment/suite/building number, and the company name if needed.


RETURNS AND EXCHANGES
All fragrances are final sale. The item will be replaced at our cost (including shipping), however, should there be quality problems such as pump spray issues, etc.

RISKS AND WARRANTY
The transfer of risks attached to the items sold by Tony + Frank shall take place upon transfer to the carrier. If the items sent do not conform to your order, or should they be defective, they will be replaced by us.

FRAUD PREVENTION
This is not cool that there are folks out there causing you and us headaches with fraud— All orders that get flagged at risk for fraud will be verified by contacting the client. Please be sure to provide us with the right email address and phone number to avoid any delays in the process. We may need to make sure it is really you- protecting you and us both from scammers is important.

YOU, OUR FELLOW FRAGRANCE TRAVELERS
We hold a few things to be true: 1. We would not sell you something we aren’t proud of 2. We don’t believe in pushing just to sell. 3. You become part of our circle- you being happy and enjoying our passion makes us happy. Simple as that. Any questions, concerns, comments, we are here to talk. The fastest method is email: tony@tonyandfrank.com

Accuracy of Information
We attempt to be as accurate as possible when describing our products on the Site; however, to the extent permitted by applicable law and to please the lawyers, WE DO NOT WARRANT THAT THE PRODUCT DESCRIPTIONS, COLORS, INFORMATION OR OTHER CONTENT AVAILABLE ON THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. That said: the descriptions and characterizations of the fragrance are done by Tony (professional perfumer) and best you can get without us talking to you in person. You may disagree on some notes, sense other notes not called out- that doesn’t mean it is wrong. Everyone has different ideas of clean smelling, nuances of flowers etc based on their experiences, noses, and emotional attachments.

This Site may contain typographical errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing and availability, we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information. We apologize for any inconvenience, but we will do our best to avoid this dilemma.

INTELLECTUAL PROPERTY
Our words then the lawyers: Our hard work- Please respect our creative endeavors and fragrance formulations. We spend a LOT of time as a micro business to bring you some extraordinary fragrance experiences, and we appreciate respecting our creative time and energy investments.

All information and content available on the Site and its “look and feel”, including but not limited to trademarks, logos, service marks, features, functions, text, graphics, photographs, button icons, images, audio clips, data compilations, and the compilation and organization thereof (collectively, the "Content") is the property of Tony + Frank LLC, and is protected by Canadian, United States and other international laws, including laws governing copyrights and trademarks. Our trademarks and copyrights may not be used in any manner for any purpose without our express written consent.
Ask us before using- simple answer.

In the access or use of the Site, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on the Site. You shall act always in accordance with the law, custom and in good faith. You may not make any change or alteration to the Site or any Content or services that may appear on this Site and may not impair in any way the integrity or operation of the Site. Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or willfully in any of the obligations set forth in these Terms and Conditions, you shall be liable for all the losses and damages that this may cause to Tony + Frank LLC or partners.