TERMS AND CONDITIONS
WHEN AND WHEN DO YOU SHIP?
Smitten Soapery, LLC d/b/a Zingari Man (“we”) strive to ship orders within 3 business days, and we ship almost anywhere, subject to change without notice. Due to ongoing problems with customs, we do not currently ship to Ukraine and Russia. If you are located within a country where we do not ship, we invite you to purchase our products from one of our many retailers.
THIRD-PARTY SHIPPING AND FORWARDERS
We are not responsible for any delayed, lost, missing, or damaged products which occur should
you use a third-party shipping and/or forwarding company not offered through our website. You
assume all risk and liability arising from your use of a third-party shipping company not offered
through our website.
FEES AND TAXES
We are not responsible for any international duties, fees, VAT tax or other miscellaneous fees
incurred by you through the purchase of our products. By purchasing our products, you assume
all such risk associated with such taxes and fees and agree to indemnify and hold us harmless
for any taxes, duties or other fees imposed upon such products.
PRIVACY POLICY
We maintain an ongoing commitment to ensuring that your privacy is protected. Accordingly,
any personally identifiable information provided by you to us when you use this website shall be
used in accordance with the conditions outlined in this agreement. We may change this policy
periodically by updating this website. You should check this page from time to time to ensure
that you continue to agree with the terms of this agreement.
The Information We Collect
This notice applies to all information collected or submitted on our website. While using this
website you may have the opportunity to register for services, order products, make requests,
and post content. Accordingly, depending on the process, you may be asked to provide the
following types of Personally Identifiable Information:
Name
Postal Address
Email address
Phone number
Credit or Debit Card Information
Location information
Use of Personally Identifiable Information
We take your privacy very seriously. Accordingly, we agree that we will only use the information
you provide for the following specific purposes: to effectuate a registration made by you; to
customize the advertising and content you see; to fulfill your requests for products and services
(including purchases); to improve the content and overall look and feel of our website and
services; and to contact you when necessary.
We agree that we will not share, sell, rent or otherwise distribute your Personally Identifiable
Information with outside parties, except to provide products or services you’ve requested
through us, or in response to a validly-issued subpoena, court order, or other legal process, or
when necessary to establish or exercise our legal rights or defend against legal claims made by
you or on your behalf.
From time to time, we may employ the use of return email addresses to answer the email we
receive from you. Such addresses are not used for any other purpose and are not shared with
outside parties.
Finally, we agree that we will never use or share the personally identifiable information provided
to us by you in any way that violates or is otherwise unrelated to the means described in this
agreement, without also providing you an opportunity to opt-out or otherwise prohibit such
unrelated uses.
Registration
In order to use some features of our website, you must first complete the registration process.
During registration, you are required to provide certain Personally Identifiable Information,
including, but not limited to the information described above (see: “The Information We Collect”).
This information will periodically be used by us to contact you about site news, updates and
changes to this policy, and to enable you to retrieve your password, if necessary.
Correction of Personally Identifiable Information
So that we may best serve you, you are responsible for ensuring that all Personally Identifiable
Information you provide on this site is maintained and kept current.
Cookies
We use cookies to remember certain user information. This allows users of the website to avoid
logging in more than once, thereby saving time. You may, at any time, disable or refuse to
accept cookies by changing the preferences or settings on your web browser. If you choose to
disable cookies, you will still be able to use our website. However, you will not be able to fully
take advantage of certain automation and other functionality features available on this website.
Web Statistics & Shared Data
We may collect and use IP addresses to analyze trends, administer the site, track user
movement, and gather broad aggregate demographic information for reporting and sponsorship
purposes. IP addresses are not linked to Personally Identifiable Information.
From time to time, we may use non-identifiable aggregate information to better design our
website and to share with select advertising partners, sponsors, and/or affiliates. For example,
we may tell an advertiser that X number of individuals visited a certain area on our website, or
that Y number of men and Z number of women filled out our registration form, but we would not
disclose anything that could be used to personally identify those individuals.
Scope of this Agreement; Third Party Websites
Although this agreement applies to the entirety of information obtained by you for the purpose of
accessing or using content controlled and owned by us it does not apply to entities that are not
owned or controlled by us.
To the extent this website contains links to other third-party websites please be aware that we
do not claim any responsibility for the privacy practices of these third party sites. We encourage
you to be aware when you leave our site and to take reasonable precautions when sharing your
personally identifiable information on third party websites.
Opt-In Policy
You may “opt in” to receive newsletters, promotional offers and other useful information from us.
To unsubscribe from our mailings (except important system and content update information
detailed below), you may go to the ‘My Account’ section of the Website and edit your personal
profile.
REFUND POLICY
What if I don't like the product?
We strive to make and sell only high-quality products and we are happy to address any quality issues that might arise by contacting us and providing us with information about the nature of the alleged quality issue. Scent strength and scent preferences are subjective preferences and do not indicate a defect in the product. Further, as each person’s skin is unique, we do not
warrant and do not offer any refunds or exchanges for skin sensitivity, allergy or other reactions.
What If I received a damaged item or there is a missing item?
We carefully package all orders and try our best to make sure all items are shipped with adequate protection. However, we cannot control the treatment of the shipment by the shipper or transporter. If you receive your shipment and it is damaged or missing an item, please contact us with five (5) days of delivery of your products. We will not refund or replace any
missing or damaged items outside of this five-day period.
Disclaimer
ALL CONTENT AND OFFERINGS ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON- INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT
(A) THE CONTENT OR OFFERINGS WILL MEET YOUR REQUIREMENTS, (B) THE CONTENT, OFFERINGS OR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT OR OFFERINGS OFFERED WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY CONTENT OR OFFERINGS PURCHASED OR OBTAINED BY
YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE CONTENT AND OFFERINGS AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS OR OFFERINGS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE CONTENT OR PRODUCTS AVAILABLE AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT OR PRODUCTS.
THE USE OF THE OFFERINGS OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY PRODUCTS, SERVICES OR CONTENT THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Through your use of this website, you may have the opportunities to engage in commercial
transactions with other users and vendors. You acknowledge that all transactions relating to any
products or services provided by any third party, including, but not limited to the purchase terms,
payment terms, warranties, guarantees relating to such transactions, are agreed to solely
between the seller of such merchandise and/or services and you.
WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH A THIRD PARTY, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY OFFERINGS OR CONTENT AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
Limitation of Liability & Indemnification
Your exclusive remedy and our entire liability, if any, for any claims arising out of these terms
and conditions and your use of this website shall be limited to the amount you paid us for
products purchased on the website during the one (1) month period before the act giving rise to
the liability.
IN NO EVENT SHALL WE, OUR AFFILIATES OR OUR SERVICE PARTNERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFIT LOSS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THIS SITE. FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY PROMISES
REGARDING OUR OFFERINGS OR CONTENT OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS WITH THE THIRD PARTY THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
You agree to defend, indemnify, and hold us, harmless from all liabilities, claims, and expenses, including attorneys’ fees that may arise from your use or misuse of this website. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. Termination of Use You agree that we may, at our sole discretion, terminate or suspend your access to all or part of the website with or without notice and for any reason, including, without limitation, breach of these terms and conditions. We shall not be liable to you or any third party for any claims for
damages arising out of any termination or suspension or any other actions taken by us in connection therewith. Miscellaneous Provisions International Use. Although this website may be accessible worldwide, we make no
representation that materials on this website are appropriate or available for use in locations outside the United States. Those who choose to access this website from other locations do so on their own initiative and at their own risk. If you choose to access this website from outside the United States, you are responsible for compliance with local laws in your jurisdiction, including
but not limited to, the taxation of products and service purchased over the Internet, as well as applicable laws regarding privacy and/or data collection. Any offer for any product, service, and/or information made in connection with this website is void where prohibited. Governing Law. This website (excluding any third-party websites) is controlled by us in Evansville, Indiana, and the statutes and laws of the State of Indiana shall be controlling, without regard to the conflicts of laws principles thereof. You agree and hereby submit to the
exclusive personal jurisdiction and venue of the state courts of Vanderburgh County, Indiana or the U.S. District Court for the Southern District of Indiana with respect to such matters controlled by that court.
Force Majeure. In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our website arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to: labor disturbance, war, fire, accident, adverse weather,
inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above. Savings Clause. If any part of these terms and conditions are held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full
force and effect. No Waiver. Any failure by us to enforce or exercise any provision of these terms and conditions or related rights shall not constitute a waiver of that right or provision. Entire Agreement. These terms and conditions constitute the entire agreement and understanding between the parties concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. This terms and
conditions may not be altered, supplemented, or amended by the use of any other document(s) except as otherwise permitted in the manner set forth in these terms and conditions. To the extent that anything in or associated with this website is in conflict or inconsistent with these terms and conditions, these terms and conditions shall take precedence. Jury trial waiver.
YOU HEREBY WAIVE, TO THE FULLEST EXTENT PERMITTED BY
APPLICABLE LAW, ANY RIGHT THAT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY).