Terms of Use

By using the Naja Fragrances website, you agree to be bound by these Terms and Conditions of Use.

LEGAL RESTRICTIONS AND TERMS OF USE AND PARTICIPATION

To use the Naja Fragrances website and/or the services provided, you accept and agree to be bound by these Terms and Conditions of Use. Whenever you make a purchase on our website, you will be asked to confirm that you have read these Terms and Conditions of Use. These Terms and Conditions of Use set out legally binding terms for your use of our website. These terms may be modified by Naja Fragrances from time to time.

ELIGIBILITY

Purchases made through this website are limited to individuals who are at least eighteen (18) years of age. Any individual under the age of eighteen (18) must obtain and provide Naja Fragrances with written authorization from a parent or legal guardian before making a purchase. By accessing or using this website, you represent and warrant that you possess the legal right, authority, and capacity to enter into the agreements and transactions contemplated herein and to comply with these Terms and Conditions.

TERMS

These Terms and Conditions will remain in full force and effect while you use this website. Naja Fragrances may terminate your access to the website and your right to purchase products if you breach any of these terms or conditions, by notifying you by email at the email address you have provided. If your rights are terminated, you will not be entitled to a refund of any amount paid to Naja Fragrances. Even after your rights are terminated, the provisions of Sections 4, 7, 8, 9, 11, 12, 13, 14, 15, and 16 shall remain in effect.

OWNERSHIP, COPYRIGHT AND TRADEMARK NOTICES

4A. Disclaimer: All referenced names, trademarks, and copyrights are the property of their respective manufacturers, designers, or owners. Naja Fragrances is not affiliated with, sponsored by, or associated with those manufacturers, designers, or trademark owners. Any fragrance interpretation offered by Naja Fragrances is created through chemical analysis and reproduction and are for comparison purposes only. References to brand names are intended solely to help customers understand the scent character and are not intended to mislead, confuse, or imply that our products are originals or exact copies. Naja Fragrances asks customers to compare the price, style, and quality of designer-brand products with Naja Fragrances products. Our fragrance bases are not original perfumes, colognes, or scented products; they are customized renditions created by Naja Fragrances.

4.1 The content of this website, including, without limitation, all text, graphics, logos, images, audio, digital downloads, and software, is the property of Naja Fragrances, its business partners, and/or various third-party providers and distributors.

4.2 All title, ownership, and intellectual property rights, including the rights to copyrights, trademarks, service marks, and logos (collectively, the “Intellectual Property”), used on the website are vested in Naja Fragrances, its business partners and their affiliates, and/or various third parties. Such Intellectual Property and software are protected by United States and international copyright laws. Nothing contained on this website should be construed as granting, by implication or otherwise, any license or right to use any of the Intellectual Property without the written permission of Naja Fragrances.

4.3 You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products, services, or any portion of any material obtained from this website, nor may you use any of the Intellectual Property in connection with any other service without the express written consent of Naja Fragrances.

ACCESS AND USE

5.1 You are granted a limited license to access and make personal use of this site. You may not download this site, (other than through page caching), modify it, or create a hyperlink to this site or any portion of it, except with the express prior written consent of Naja Fragrances or its business partners, as applicable.

5.2 You may not use this site or its contents for any resale or commercial use; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

5.3 You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) that belongs to Naja Fragrances, its business partners, their affiliates or any third party, without the prior written consent of Naja Fragrances, its business partners, or such applicable third party.

5.4 You may not use any meta tags or any other “hidden text” using the name or trademarks of Naja Fragrances, its business partners, or their third-party providers and distributors, without each of their express prior written consent.

5.5 You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered illegal, give rise to civil liability, or otherwise be in violation of any law.

5.6 Any unauthorized use by you may result in the termination of your right to use this site.

PURCHASES OF PRODUCTS

6.1 Naja Fragrances attempts to be as accurate as possible in describing the products for sale on its website. Notwithstanding the foregoing, Naja Fragrances does not warrant that the description of any such products, or the content included on this website, is accurate, complete, reliable, current, or error-free. If any product you purchase through this website is not as described, your sole remedy is to return the product unused to Naja Fragrances.

6.2 Naja Fragrances shall have the right to refuse or cancel any orders placed for products listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. Naja Fragrances shall have the right to refuse or cancel any such orders whether the order has been confirmed, and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Naja Fragrances shall immediately issue credit to your credit card account in the amount of the charge.

6.3 Your receipt of an electronic or other form of order confirmation does not signify Naja Fragrances’ acceptance of your order, nor does it constitute confirmation of Naja Fragrances’ offer to sell. Naja Fragrances reserves the right at any time after receipt of your order to accept or decline your order for any reason. Naja Fragrances further reserves the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Your order will be deemed accepted by Naja Fragrances upon shipment of products that you have ordered. Title of goods passes to you upon delivery to the common carrier.

6.4 All payments can be made by Visa, MasterCard, American Express, Discover, PayPal, and/or money order, each of which may be removed by Naja Fragrances in its sole discretion. Unless expressly set forth on this website, Naja Fragrances does not accept any other payment form. You hereby agree to all restrictions, terms, and conditions associated with any such additional forms of payment offered. Your card issuer agreement governs your use of your designated card, and you must refer to that agreement, not these Terms and Conditions of Use, to determine your rights and liabilities as a cardholder.

YOU, AND NOT NAJA FRAGRANCES, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY.

You agree to pay all fees and charges incurred in connection with your purchases, including any applicable taxes, at the rates in effect when the charges were incurred. Unless you notify Naja Fragrances of any discrepancies within sixty (60) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes. If Naja Fragrances does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by Naja Fragrances or its agents. You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use, or value-added taxes.

Naja Fragrances shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within any states or localities that it deems are required.

6.5 Title and ownership of all products purchased are subject to Naja Fragrances’ 48-hour delivery rule. See Section 6.5A.

6.5A. Delivery Standards and Information: Packages are generally shipped by UPS from one of our fulfillment centers. On rare occasions, we may ship by USPS. Shipping rates are calculated electronically through our website based on UPS pricing. We offer free shipping on eligible retail orders of $50 or more for Club Members only, subject to the exclusions listed in Section 6.5B. We ship only within the United States, U.S. territories, and to military mailboxes.

6.5B. Free Shipping Exclusions: Although free shipping may be available on qualifying orders of $50 or more, the following items are excluded from the promotion: lotions, gels, body mists, body butters, massage oils, and any order that combines an excluded product with an otherwise eligible product.

Shipping

Orders ship via UPS, and occasionally USPS, from our fulfillment centers. We offer free shipping on retail orders of $50 or more for Inner Circle members only, with some exclusions.
See our shipping exclusions in the FAQ →

We ship only to the United States, its territories, and Military boxes.

COUPONS AND PROMOTIONS

Naja Fragrances does not allow standard users to combine coupons or promotions. Only one coupon or promo code will be allowed per order. Free shipping, if applicable, is considered a special offer and cannot be combined with other coupons. Exceptions may apply to Club Members.

7A. CLUB MEMBER PROGRAMInner Circle Members: Inner Circle Members, also known as Club Members or Discount Club Members, pay an annual fee for premium membership with Naja Fragrances. Membership lasts for one year and may include benefits such as up to 25% off purchases, free shipping on eligible orders of $50 or more, a limited number of free samples upon request, priority notifications about new products and offers, and participation in the Milestone Program. Free shipping exclusions apply as described in Section 6.5B.

7B. TAKE FIVE PROGRAMTake Five Referral Program: The Naja Fragrances Offer Referral Program, commonly called “Take Five,” allows users (“Recommenders”) to share a personalized offer link with friends (“Friends”). Subject to these Offer Terms, both Recommenders and Friends may receive an online coupon code (“Reward”) that can be redeemed with Naja Fragrances.

By participating in the Program, you, as a Recommender or Friend, as applicable (collectively, “You”), agree to enter into these Offer Terms with Naja Fragrances. Your participation in the Program is also subject to your consent to be bound by the Naja Referral Program Terms of Service below, which are entered into by and between you and Naja Fragrances, LLC, d/b/a Naja Fragrances (“Naja”).

Subject to these Offer Terms and any additional terms listed on the offer page, a Friend may use a Recommender’s personalized link to receive a Reward for a first purchase with Naja Fragrances (“Qualifying Purchase”). A Qualifying Purchase may require a minimum spend. When a Friend completes a Qualifying Purchase through an active referral link, the Recommender may earn a Reward for future purchases with Naja Fragrances or, if applicable, at an offline Naja Fragrances retail outlet. To qualify, the Friend must be a new customer; the Recommender does not need to be a new customer. Rewards are typically distributed by email after completion of the Qualifying Purchase and approval by Naja Fragrances, in its sole discretion. Recommenders may not earn more than 30 Rewards in 30 days or more than 500 Rewards total. A Recommender may earn only one Reward per Friend, regardless of how many purchases that Friend makes. Rewards cannot be combined with other discount codes in a single order. To receive multiple Rewards, a Recommender must refer multiple Friends who each complete a Qualifying Purchase using the Recommender’s active personalized referral link. A Recommender may not refer themselves. When sharing a Reward, Recommenders must disclose that they may receive a reward from Naja Fragrances if the Friend completes a Qualifying Purchase using the personalized link. Naja Fragrances may, in its sole discretion, limit how many Offers a Recommender may share, how often Offers may be made, and whether Rewards will be issued if those limits are exceeded.

Naja Fragrances reserves the right to refuse to issue or redeem a Reward to Recommender(s) or Friends at any time. Further, Naja Fragrances reserves the right, in its sole discretion, to (i) vary all elements of an Offer at any time without notice to you and (ii) prevent any individual from participating in this or future promotions. An Offer cannot be applied to previous purchases and is not redeemable for cash. You understand that although you initially participated in an Offer as a Friend, you will be considered a Recommender if you share a personalized link with your own Friends.

7C. MILESTONE DISCOUNT PROGRAM

The Milestone Discount Program is available to all customers. Eligible sales count toward milestone totals, excluding taxes and shipping charges. The program includes nine milestones based on cumulative spending: Milestones 1 through 9.

Milestone 1: $250. A customer reaches Milestone 1 after spending a total of $250 on the website. When this milestone is reached, the system sends the customer a discount code. If the customer uses the discount code, the milestone total resets to zero. If the customer does not use the code, the customer may continue progressing toward Milestone 2.

Milestone 2: $500. A customer reaches Milestone 2 after spending a total of $500 on the website. When this milestone is reached, the system sends a more substantial discount code. If the customer uses the discount code, the milestone total resets to zero. If the customer does not use the code, the customer may continue progressing toward Milestone 3.

Milestone 3: $750. A customer reaches Milestone 3 after spending a total of $750 on the website. When this milestone is reached, the system sends an even more substantial discount code. If the customer uses the discount code, the milestone total resets to zero. If the customer does not use the code, the customer may continue progressing toward Milestone 4.

Milestone 4: $1,000. A customer reaches Milestone 4 after spending a total of $1,000 on the website. When this milestone is reached, the system sends an even more substantial discount code. If the customer uses the discount code, the milestone total resets to zero. If the customer does not use the code, the customer may continue progressing toward Milestone 5.

Milestone 5: $1,250. A customer reaches Milestone 5 after spending a total of $1,250 on the website. When this milestone is reached, the system sends a larger discount code. If the customer uses the discount code, the milestone total resets to zero. If the customer does not use the code, the customer may continue progressing toward Milestone 6.

Milestone 6: $1,500. A customer reaches Milestone 6 after spending a total of $1,500 on the website. When this milestone is reached, the system sends a more substantial discount code. If the customer uses the discount code, the milestone total resets to zero. If the customer does not use the code, the customer may continue progressing toward Milestone 7.

Milestone 7: $1,750. A customer reaches Milestone 7 after spending a total of $1,750 on the website. When this milestone is reached, the system sends an even more substantial discount code. If the customer uses the discount code, the milestone total resets to zero. If the customer does not use the code, the customer may continue progressing toward Milestone 8.

Milestone 8: $2,000. A customer reaches Milestone 8 after spending a total of $2,000 on the website. When this milestone is reached, the system sends an even more substantial discount code. If the customer uses the discount code, the milestone total resets to zero. If the customer does not use the code, the customer may continue progressing toward Milestone 9.

Milestone 9: $2,500. A customer reaches Milestone 9 after spending a total of $2,500 on the website. When this milestone is reached, the system sends a one-year free Inner Circle membership access code. The code is added directly to the customer’s login account. Once redeemed, the customer receives a free one-year Club Membership with the same benefits and perks available to paid members. The customer is then automatically re-enrolled in the Milestone Program and may continue earning additional rewards.

Orders: Once an order is submitted, we cannot change, delete, or add items to the order. If an item is out of stock, we will contact you to arrange a replacement.

Most orders are processed within 72 hours. However, processing may take longer due to circumstances such as inclement weather, order backlogs, or other delays. If this occurs, we will contact you and provide available options.

C.O.D. Orders: We do not accept C.O.D. orders.

Credit Card and PayPal Orders: We accept MasterCard, Visa, American Express, Discover, and PayPal through our secure server. In rare cases, we may contact you for additional verification, such as a copy of identification or additional card information. This verification is used for your protection and to help prevent fraud.

Returns: All purchases of customized products are final. Because of the nature of these products, we do not issue credits, refunds, or exchanges for customized items. Please be certain before purchasing customized products.

If an error occurs on our part, we will gladly correct it.If an error or shortage occurs on our part, you must contact us within 48 hours of submitting your order so we can correct the issue. Claims made after that period may be denied. Please inspect your package carefully upon receipt. If an error or shortage is confirmed, we will correct it promptly.

NO UNAUTHORIZED RETURNS WILL BE ACCEPTED OR CREDITED.

Freight Damage: Freight damage must be reported within 24 hours of delivery. The claim must be made both to the freight carrier and to Naja Fragrances. We pack all products carefully before they leave our warehouse, but damage may occasionally occur during transit.

Prices are subject to change without prior notice. Prices in effect at the time of shipment shall apply.

Every effort is made to ensure that this website is accurate. However, occasional errors may occur. Therefore, we reserve the right to bill at corrected prices.

WARRANTY DISCLAIMER

The information, software, products, and services published on this website may contain inaccuracies or typographical errors. Naja Fragrances may make improvements or changes to the website from time to time. Naja Fragrances, its business partners, their affiliates, and third-party providers and distributors make no representations about the accuracy or suitability of the information, software, products, or services on this website for any purpose. All information, software, products, and services are provided “as is,” without warranty of any kind.

Naja Fragrances, its business partners, their affiliates, and/or third-party providers and distributors hereby disclaim all warranties and conditions, express or implied, including implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade. As some states or jurisdictions do not allow the disclaimer of implied warranties, the above disclaimer may not apply to you.

LIMITATION OF LIABILITY

Neither Naja Fragrances nor its business partners assume any responsibility, and they shall not be liable for any damages incurred due to viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing of this website or your downloading of any materials, data, text, images, video, or audio from this site. In no event shall Naja Fragrances, its business partners, their affiliates, or any third-party providers or distributors be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, indirect, incidental, or consequential damages of any kind (including, without limitation, lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with (i) any use of this website or content found on this site, (ii) any failure or delay, including, without limitation, the use of or inability to use any component of this website, or (iii) the performance or non-performance by Naja Fragrances, its business partners, their affiliates, or any third-party providers or distributors, even if such party has been advised of the possibility of damages.

If, notwithstanding the foregoing, Naja Fragrances, its business partners, their affiliates, or any third-party provider or distributor should be found liable for any loss or damage with respect to the use of this website or in connection with any products purchased by you, such damages shall not exceed, in the aggregate, the amount paid by any person for the products you purchase. Some states and jurisdictions do not allow limitation of liability, so the foregoing limitation may not apply to you.

LINKS TO THIRD-PARTY SITES

This website may from time to time provide, or duly authorized third parties may provide, links to other websites or resources. These links are provided to you as a convenience and not as an endorsement by Naja Fragrances of such other websites. Naja Fragrances has no control over such sites and resources and is not responsible or liable for any content, advertising, products, or materials relating to such other sites, or for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods, or services available on or through any such sites or resources. If you decide to access other websites, you do so at your own risk.

COPYRIGHTS AND COPYRIGHT AGENT

Pursuant to the Digital Millennium Copyright Act, Naja Fragrances will terminate the account of any customer or vendor who uses their privileges to unlawfully transmit copyrighted material without a license, valid defense, or fair use privilege. After proper notification by the copyright holder or its agent to Naja Fragrances, and later confirmation through court order or an admission by the customer that an account has been an instrument of unlawful infringement, Naja Fragrances will terminate the infringing customer’s account. Naja Fragrances may also, in its sole discretion, decide to terminate a customer’s account privileges before that time if it has a good-faith belief that infringement has occurred. In addition, Naja Fragrances has implemented procedures for receiving written notification of claimed infringements and for processing such claims.

Naja Fragrances recognizes and is concerned about the protection of the intellectual property of third parties, and requires that all users of its website do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Naja Fragrances with the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on Naja Fragrances’ website;
  • Your address, telephone number, and email address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

For notice of claims of copyright infringement on its site, Naja Fragrances can be reached as follows:

By email: info@najafragrances.com
By phone: (973) 746-8823
By mail: 780 Route 40, Suite 179 Piles Grove NJ 08098

Additional Provisions

  1. U.S. EXPORT CONTROLS

Software from this website is subject to United States export controls. No software from this site may be downloaded or otherwise exported or re-exported (i) into, or to a national or resident of, Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods, or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By using this website, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

  1. INDEMNIFICATION

You agree to indemnify and hold Naja Fragrances, its business partners, and each of their subsidiaries, affiliates, officers, agents, other partners, and employees harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of this website, including, without limitation, your purchase of goods, in violation of this Agreement and/or arising from a breach of these Terms and Conditions of Use and/or any breach of your representations and warranties set forth herein.

  1. GOVERNING LAW

This Agreement and its performance are governed by the laws of the State of New Jersey, United States of America, without regard to its conflict-of-law provisions. You consent and submit to the exclusive jurisdiction of the courts of the State of New Jersey located in Mercer County and the Federal District Court in Trenton, New Jersey, in all matters arising out of your use of this site.

  1. MODIFICATION

Naja Fragrances may modify these terms and conditions at any time, and your continued use of the site will be conditioned upon the terms and conditions in force at the time of your use.

  1. ADDITIONAL TERMS

Additional terms and conditions may apply to the use of this site, and those terms are incorporated herein.

  1. SEVERABILITY

These terms and conditions shall be deemed severable. If any provision is determined to be unenforceable or invalid, that provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity or enforceability of any other remaining provisions.

  1. HEADINGS

The headings used in these terms and conditions are included for convenience only and will not limit or otherwise affect these terms and conditions.

  1. PRIVACY

You acknowledge that you have read the Naja Fragrances Privacy Policy, the terms of which are incorporated herein.

  1. ASSIGNMENT

You may not assign, convey, subcontract, or delegate your rights, duties, or obligations hereunder.

Please contact us with any questions regarding these Terms and Conditions of Use.

See our contact page for more information.

Contact Us With Questions