Executive Summary
This report outlines comprehensive Terms and Conditions tailored for an online bespoke perfumery service (e.g. Ancestral Perfumery). It covers the scope of services (consultations, sampling, custom formulation), order/payment process (deposits, pricing, timelines), shipping/delivery (including international duties), returns/exchanges (with hygiene restrictions), ingredient disclosure and safety compliance (FDA labeling and IFRA standards), intellectual property ownership, privacy, warranties, liability limits, and dispute resolution. For example, U.S. cosmetics law requires labels to list net contents, ingredients, and manufacturer address, and new FDA rules will require listing fragrance allergens. IFRA guidelines govern safe fragrance use, and EU law grants a 14-day “cooling-off” return right (unless products are unsealed for hygiene). These rules inform our draft clauses.
Key highlights:
Scope & Ordering: Defines custom fragrance services (consultations, sample preparation, final production). Customers accept the T&C by ordering; orders require approval and deposit.
Pricing/Payment: Prices shown in USD; payment (e.g. card or invoice) is due by the schedule (deposit and balance). Deposits (for example, consultation fees) are non-refundable once work begins.
Timeline & Delivery: A typical order-to-delivery process (see timeline below) covers consultation, sample iteration, production, and shipping. We notify customers of estimated lead times but allow for delays (e.g. raw material shortages or force majeure). Risk of loss passes to the buyer upon shipment, and customers are responsible for import duties.
Returns/Exchanges: Because fragrances are cosmetics and hygiene-sensitive, only unused, unopened products may be returned (e.g. within 14–30 days). Custom fragrances (or sealed items opened) are otherwise final sale. Defective or incorrect items can be replaced or refunded. This balances consumer protection (as in EU law) with safety constraints.
Safety & Allergens: All products are labeled per FDA/EU requirements, with INCI ingredient lists and warnings. We comply with IFRA restrictions on ingredient use. Customers must patch-test and avoid misuse. Allergens (as required by law) will be disclosed once mandated.
Intellectual Property: Formula ownership is a negotiable point. Our draft grants the company ownership of the fragrance formula (with a personal use license to the client), but an alternative clause could grant ownership to the client upon payment. See the comparison table for options.
Privacy/Content: Customer data (including scent profiles) is used only to provide services and is protected by our Privacy Policy. By submitting testimonials or images, customers grant us a license to use them in marketing (similar to standard content-use clauses).
Liability & Dispute: We disclaim all implied warranties and cap liability at the purchase price (subject to applicable law), following common e-commerce practice. For example, other fragrance sellers limit remedies to returns of the product. Disputes would be resolved under South Carolia USA law with an agreement to arbitrate or litigate as specified.
The full draft T&C below is ready for publication (with placeholders like South Carolia USA, support@ancestralperfumery.com, and Ancestral Perfumery for customization). It is followed by a regulatory checklist and a comparison table of alternative clauses for IP, returns, and liability.
Full Terms and Conditions
Last updated: 14-03-2026
These Terms and Conditions (“Terms”) govern the sale of products and services by Ancestral Perfumery (the “Company”, “we” or “us”), a fragrance atelier based in Myrtle Beach, South Carolina USA. The Company crafts bespoke perfumes and related products (the “Products”) through personalized consultation and formulation services (the “Services”). By accessing or using our website or placing an order (by phone, email or the website at ancestralperfumery.com), you agree to be bound by these Terms.
Scope of Services. The Company offers custom fragrance services, including: private consultations (in person or virtual) to define your scent goals; preparation of sample vials for review; and production of the final fragrance in quantities (e.g. bottles) agreed upon. We also sell limited-edition and numbered fragrances, which are not custom-made but follow similar ordering rules. All orders are for personal, non-commercial use. The Customer (you) is responsible for providing accurate information about scent preferences, allergies, and any special requirements.
Ordering Process. To initiate an order, you may: (a) complete our online form or website ordering system; (b) email us at support@ancestralperfumery.com; or (c) call (843) 222-0578 to arrange a consultation. You will receive an Order Confirmation by email detailing the Products/Services, pricing, and payment terms. A binding contract is formed once we accept your order and you have paid any required deposit. We reserve the right to reject or cancel any order (for example, if a requested ingredient is unavailable). If an order is canceled by us, we will refund any payment received. You agree not to place multiple concurrent orders for the same Products expecting a single shipment (each order is processed and shipped separately).
Pricing and Payment. Prices for all Services and Products are stated in USD and exclude any taxes or shipping charges unless otherwise noted. We charge sales tax as required by law. We may require a non-refundable deposit or full pre-payment before starting work. Accepted payment methods include credit/debit cards, PayPal, or bank transfer. If a payment is declined, we may suspend work until payment clears. Invoices are payable within the time stated (typically upon receipt or before shipping). The final balance (after deposit) must be paid before shipment of the final product. Prices are subject to change for new orders; orders already confirmed will honor the agreed price.
Deposits, Refunds, and Cancellations.
Deposit: A deposit (e.g. 50% of estimated cost) may be required to schedule consultations or start formulation. This deposit is non-refundable once work on your project has begun. If you cancel the order before the process starts, any deposit will be refunded minus any incurred expenses.
Customer Cancellation: You may cancel or postpone your project by notifying us at least 72 hours before your scheduled consultation or production start. If you cancel with sufficient notice, we may refund your deposit (minus any processing fee). If you cancel at short notice or after production begins, the deposit may be forfeited.
Company Cancellation: We may cancel or reschedule for any reason (such as illness, supply issues, or force majeure) by giving reasonable notice. If we cancel after you have paid, we will refund your deposit or payment in full.
Refunds: Once the final fragrance is shipped to you, refunds are not provided except for defects (see “Returns”). If a refund is approved, we will reimburse the amount via the original payment method within 5–10 business days of receiving the returned item, subject to carrier timing. We are not responsible for refund processing delays beyond our control.
Production Timeline. The typical timeline from order to delivery is illustrated below. We will provide an estimated schedule upon confirming your order. Delays can occur due to ingredient availability, supply chain issues, or regulatory checks; we will keep you informed of any changes.
Day 1–2
Consultation with perfumer; establishscent profile
Day 3–5
Blending and preparation of initial samples
Day 6–10
Customer review and feedback on samples
Day 11–14
Final formulation approval and payment of remaining balance
Day 15–21
Production of final perfume batch
Day 22
Quality control testing and bottling
Day 23
Packaging and shipping preparation
Day 24–30
Delivery to customer(via chosen carrier)
Order-to-Delivery Process
Show code
Figure: Example timeline for a bespoke perfume order; actual times may vary.
Shipping and Delivery. We ship using reputable carriers (e.g. USPS, FedEx, DHL). Shipping costs and any required insurance are the customer’s responsibility, unless included in your order. We ship only to the billing address or an address you have specified; signature may be required. You are responsible for ensuring the delivery address is correct. Risk of Loss: Once we deliver the package to the carrier, the risk of loss or damage passes to you. If you believe a shipment is damaged or missing, notify the carrier and us immediately. Import Duties: For international orders, you are responsible for any duties, taxes, or customs fees imposed by your country. We do not mark orders as “gifts” or understate value to avoid customs fees, as this is illegal.
International Sales. We ship internationally subject to destination laws. We may refuse to ship to countries with unreliable delivery. It is your responsibility to ensure that importing fragrance/cosmetics into your country is legal. Any local regulations (including age restrictions) must be followed.
Returns and Exchanges. Because perfumes and cosmetics are subject to hygiene and safety regulations, we generally do not accept returns of opened or used products. However, if you are dissatisfied, the following applies:
Samples: If we sent you sample vials, you may return any sealed, unused samples within 14 days for exchange or refund. Samples must be in their original condition (wax seal or cap intact).
Final Products: Once the custom perfume is produced and shipped, it is final sale, unless defective or incorrect. We cannot accept returns of a custom fragrance simply because you changed your mind. (This is akin to the EU right-of-withdrawal rules, which allow returns only for unopened, hygienic goods.)
Defective or Damaged Items: If a product arrives damaged or we shipped the wrong item, contact us within 7 days with photo evidence. We will replace it or refund you. Returned items must be unused and in original packaging.
Restocking: If a return is accepted, we may charge a restocking fee (e.g. 20%) if the item is not in sellable condition.
Allergy and Ingredient Disclosure. We will provide an ingredient list (using INCI names) on the product label or documentation. Fragrances may contain known allergens; under current U.S. law only generic “fragrance” labeling is required, but by [Date] FDA will require listing of specific fragrance allergens. For EU orders, the 26 defined EU allergens are or will be disclosed as required. It is your responsibility to review all ingredients before use. We strongly recommend patch-testing any new fragrance on your skin 24 hours before full use. Medical Disclaimer: Our fragrances are not pharmaceuticals. Do not ingest or apply to sensitive areas (eyes, broken skin, etc.). Consult a physician if you have health concerns.
Safety and Compliance. All products are manufactured and labeled in compliance with applicable regulations. We follow FDA/CPSC requirements for cosmetics labeling (including net quantity, ingredient list, manufacturer name and address) and adhere to IFRA Standards for safe use of fragrance ingredients. Products will bear any required warnings (e.g. “For external use only”, flammability, keep out of reach of children). We have no control over how you use the product, so you assume all risk after delivery.
Intellectual Property.
Company Ownership: All formulas, methods, and trade secrets used to create your fragrance remain the exclusive property of [Company Name]. You are granted a limited, non-exclusive license to use the fragrance for personal use. You may not reproduce or commercialize the formula without our written permission.
Alternatives: (See the comparison table below for alternate language.) Optionally, the parties may agree that you own the custom formula upon full payment (with the Company retaining rights to any derivative uses). Clearly specify your choice here or in your order confirmation.
Brand and Content: Any reviews, testimonials, or images you submit for use on our site or marketing will be deemed non-confidential, and by providing them you grant us a royalty-free license to display and use them (as many websites do).
Privacy and Data. We respect your privacy. Personal information you provide (name, contact, scent preferences) is used solely to fulfill your order and improve our service. We may retain your scent profile and purchase history to facilitate future orders; these records are kept secure and confidential. We do not sell personal data. By using our site, you consent to our Privacy Policy (linked here). For example, customers have a right to access or delete their data as required by law.
Warranties and Disclaimers. All Products and Services are provided “AS IS” without any explicit or implied warranties. Except where prohibited by law, we disclaim any warranty of merchantability or fitness for a particular purpose. We do not guarantee that your fragrance will match any subjective expectation. Limitation of Remedies: Your sole remedy for any deficiency in the fragrance or service is limited to a replacement or refund as stated above (in Section 8).
Limitation of Liability and Indemnification. To the fullest extent permitted by law, Ancestral Perfumery shall not be liable for any indirect, incidental, consequential, special or punitive damages arising from your purchase or use of our products (including, without limitation, loss of profit or use), even if we have been advised of the possibility of such damages. Our total liability is limited to the purchase price of the specific product that gives rise to the claim. You agree to indemnify and hold us harmless against any claims arising from your misuse of the product, violation of these Terms, or infringement of third-party rights.
Dispute Resolution and Governing Law. These Terms shall be governed by the laws of South Carolina USA without regard to conflict-of-law principles. Any dispute arising from or relating to these Terms or your purchase shall be resolved in the courts of South Carolina USA, or by binding arbitration in Myrtle Beach South Carolina USA if both parties agree (alternatively, provide other dispute mechanism as required by local law). If arbitration applies, each party waives any right to a jury trial and to participate in class actions.
Force Majeure. We will not be liable for delays or failures in performance due to events beyond our reasonable control (e.g. natural disasters, supplier failures, acts of government, pandemics).
Modifications and Severability. We reserve the right to amend these Terms at any time. The version posted at the time of your order is the version that applies. If any provision of these Terms is found to be unenforceable, the remainder of the Terms will remain in effect.
Entire Agreement. These Terms, together with any order confirmations, invoices and our Privacy Policy, constitute the entire agreement between you and [Company Name] regarding your purchase. No other terms (including any on your purchase order or invoice) shall apply.
Contact Information. For questions or notices, contact us at:
Ancestral Perfumery
Myrtle Beach South Carolina USA
Email: support@ancestralperfumery.com;
Phone: (843) 222-0578
Thank you for choosing Ancetral Perfumery. We look forward to creating a unique fragrance for you!