Seller Terms

You must have an eligible Fragrancer account to create listings or sell through the marketplace.

We may require account, email, telephone, payment, identity, business or other verification before allowing you to sell.

You are responsible for:

• Providing accurate account information
• Maintaining current contact and billing information
• Protecting your username and password
• Maintaining control of your Seller account
• Keeping required payment methods current when applicable
• Complying with applicable laws and marketplace policies

You may not use another person’s account or create additional accounts to avoid fees, restrictions, suspensions or other marketplace requirements.

Fragrancer provides an online marketplace through which independent Sellers may offer approved new, pre-owned, designer, niche, luxury, vintage, discontinued, rare and collectible fragrances, decants, samples, testers, gift sets and other approved fragrance-related products (“Listed Items”) to Buyers.

Fragrancer is not the owner or Seller of your Listed Items and is not a party to the purchase and sale agreement between you and a Buyer.

Unless expressly stated otherwise, Fragrancer does not take possession of, inspect, test, authenticate, manufacture, bottle, decant, package, warehouse, ship or deliver Listed Items.

You are responsible for your Listed Items, listings, representations, communications, transactions, payments, shipping, returns, refunds and obligations to Buyers.

Fragrancer does not currently charge Sellers a standard fee to create a basic listing or a standard Seller Service Fee when an item sells.

Unless otherwise disclosed, Sellers may list and sell eligible items through Fragrancer with 0% standard listing fees and 0% standard selling fees.

Fragrancer may charge Buyers a separate marketplace fee in connection with eligible transactions. Any Buyer fee is separate from the amount payable to the Seller for the Listed Item.

Sellers remain responsible for any fees charged by payment processors, shipping providers or other third-party services they choose to use.

Fragrancer may introduce or modify marketplace fees in the future by providing appropriate notice and updating the applicable fee disclosures. Any applicable fee will be disclosed as required before it applies to a transaction or Service.

Additional information regarding marketplace fees is available on our Site Fees page.

Fragrancer may offer optional paid listing upgrades, promotional features, Featured Stores, subscriptions or other premium Services.

The applicable charge will be displayed before you purchase or activate an optional Service.

Where an optional Service requires payment, you may be required to maintain a valid credit card, debit card or other approved payment method.

Payment information may be securely stored and processed by a third-party payment processor, including Stripe.

By purchasing an optional paid Service, you authorize Fragrancer and its payment processor to charge your selected payment method for the amount disclosed at the time of purchase.

Unless otherwise stated or required by applicable law, fees for optional listing upgrades, promotional Services, Featured Stores or other premium Services are generally non-refundable once the Service has been activated or provided.

You are responsible for ensuring that every listing you create is complete, accurate and not misleading.

Your listing should include information reasonably necessary for a Buyer to evaluate the Listed Item.

Depending on the type of fragrance or product, this may include:

• Fragrance name
• Brand or manufacturer
• Fragrance concentration, such as Parfum, Extrait de Parfum, Eau de Parfum, Eau de Toilette or Eau de Cologne
• Original bottle size
• Approximate remaining quantity or fill level
• Condition
• Whether the item is new, sealed, unsealed, opened or pre-owned
• Whether the item is a tester, sample, decant, miniature, partial bottle or other special format
• Batch code or other product-identification information when known and relevant
• Known age or approximate production period when relevant
• Known defects, damage, leakage or evaporation
• Condition of the bottle, atomizer, sprayer, cap, label and packaging
• Whether the original box or packaging is included
• Quantity
• Shipping costs and methods
• Return or refund policy
• Accepted payment methods when applicable

You are responsible for reviewing your listing after submission to confirm that the information appears correctly.

You must accurately disclose the condition of every Listed Item.

Where applicable, you should identify the item as:

• New / Sealed
• New / Unsealed
• Open Box
• Pre-Owned / Used
• Tester
• Vintage
• Discontinued
• Rare or Collectible
• Decant
• Sample
• Miniature
• Partial Bottle
• Empty Bottle or Packaging
• Another applicable condition clearly described in the listing

You must disclose known material defects, damage, leakage, evaporation, missing components, broken or defective atomizers, damaged caps, damaged bottles, damaged packaging, cosmetic issues or other conditions that could reasonably affect a Buyer’s decision to purchase the item.

You may not describe a fragrance as new, sealed, unused, full or otherwise in a condition that you know is inaccurate.

You may list only authentic fragrance products unless the listing clearly involves an item, such as an empty bottle or packaging, that is accurately described and otherwise permitted by Fragrancer.

Counterfeit fragrances and counterfeit fragrance-related products are strictly prohibited.

By listing a fragrance as authentic, you represent that you have a reasonable basis for believing the product is genuine.

You may not knowingly list, sell or distribute:

• Counterfeit fragrances
• Counterfeit bottles or packaging represented as authentic
• Fraudulently relabeled fragrances
• Products intentionally altered to imitate another fragrance
• Refilled authentic bottles containing a different fragrance or substance when represented as the original product
• Products with intentionally falsified identifying information
• Products you know have been materially adulterated or tampered with and are being misrepresented to Buyers

Fragrancer may request additional photographs, receipts, invoices, packaging information, batch information or other information when reasonably necessary to review a listing or investigate authenticity concerns.

Fragrancer does not independently authenticate every Listed Item and does not guarantee the authenticity of products offered by independent Sellers.

You are responsible for accurately representing material fragrance and product information included in your listings.

You may not knowingly misrepresent information including:

• Brand or manufacturer
• Fragrance name
• Fragrance concentration
• Bottle size
• Approximate remaining quantity or fill level
• Product condition
• Whether the fragrance is new or pre-owned
• Whether the product is sealed or opened
• Whether the item is a tester
• Whether the item is a decant or sample
• Whether the fragrance is vintage or discontinued
• Known product version, formulation or release when represented
• Batch code or other identifying information when represented
• Included packaging, caps, boxes or accessories

If you are uncertain about material product information, you should disclose that uncertainty rather than make an unsupported representation.

If a fragrance bottle is not full, you must make a reasonable effort to accurately represent the approximate remaining quantity or fill level.

You may describe the remaining amount using an approximate volume, percentage, visible fill level, photographs or another reasonable method that allows a Buyer to understand the amount being purchased.

Because bottle shapes, glass thickness, opaque bottles and manufacturer fill practices vary, exact remaining quantities may sometimes be difficult to determine. You should not represent an estimated quantity as exact unless you have a reasonable basis for doing so.

You must disclose known material leakage or evaporation.

Vintage, discontinued and older fragrances may change over time because of age, storage conditions, exposure to heat or light, oxidation, evaporation or other factors.

These changes may affect characteristics including:

• Color
• Scent
• Intensity
• Longevity
• Projection
• Consistency
• Fill level
• Packaging condition

If you know of material storage issues, deterioration, leakage, evaporation, unusual changes or damage that could reasonably affect the value or condition of a vintage or older fragrance, you should disclose that information.

You may not guarantee that an older fragrance smells or performs exactly as it did when originally manufactured unless you have a reasonable basis for making that representation.

Decants and samples may be listed when permitted by Fragrancer policies and applicable law.

If you sell a decant, you must clearly identify the item as a decant and not represent it as an original manufacturer-filled bottle when it is not.

Decant listings should accurately identify:

• The fragrance
• The brand
• The approximate quantity being sold
• That the fragrance has been transferred into a separate container
• Any material information reasonably necessary for a Buyer to understand what is being purchased

You may not imply that a third-party decant was bottled, packaged, approved or authorized by the fragrance manufacturer unless that representation is accurate.

You are responsible for complying with laws, regulations, labeling requirements and shipping restrictions applicable to any decants or samples you sell.

Testers, demonstration bottles, promotional products and similar fragrance products must be accurately identified.

You should disclose material differences from standard retail products when known, including differences involving:

• Retail packaging
• Boxes
• Caps
• Labels
• Bottle presentation
• Other included packaging or accessories

You may not represent a tester as a standard retail presentation when you know that material differences exist.

You should accurately represent batch codes, lot codes, production codes, serial information or other product-identification information when included in a listing.

You may not intentionally alter, conceal, fabricate or misrepresent identifying information for the purpose of misleading Buyers.

A batch code or similar identifier does not by itself establish or guarantee authenticity, production date, formulation or product history.

Photographs or other media used in your listing must accurately represent the Listed Item unless you clearly disclose that an image is a stock or representative image.

For pre-owned, partial, vintage, rare, collectible or otherwise condition-sensitive fragrances, Sellers are encouraged to use photographs of the actual item being offered.

You may not use photographs or other media in a misleading manner or intentionally conceal material defects, damage, fill levels, leakage, packaging differences or other relevant conditions.

You represent that you own or otherwise have the legal right to use photographs and other content submitted with your listing.

By creating a listing, you represent and warrant that:

• You own the Listed Item or have legal authority to sell it
• The Listed Item was lawfully obtained
• The Listed Item is not stolen
• The Listed Item is not counterfeit
• The Listed Item is not subject to an undisclosed ownership claim
• You have possession or control of the Listed Item and the ability to deliver it
• The sale does not violate applicable law

You may not list physical items that you do not possess or reasonably expect to be able to deliver unless Fragrancer expressly permits the applicable type of listing.

You may not list products that are unlawful, stolen, counterfeit, fraudulent, materially misrepresented or otherwise prohibited under Fragrancer policies.

Prohibited listings include, without limitation:

• Stolen property
• Counterfeit fragrances
• Counterfeit fragrance bottles or packaging represented as authentic
• Fraudulently relabeled fragrances
• Materially misrepresented products
• Adulterated or tampered-with products represented as original and unaltered
• Authentic bottles refilled with a different fragrance or substance and represented as the original fragrance
• Items you do not own or have authority to sell
• Products prohibited by applicable law
• Items that cannot lawfully be shipped, transferred or sold in the manner offered
• Items Fragrancer determines are inappropriate for the marketplace

Fragrancer may remove or restrict listings that we reasonably believe violate these Seller Terms, our Terms & Conditions, marketplace policies or applicable law.

Depending on marketplace functionality and the applicable category, Sellers may offer Listed Items through:

• Live Online Auctions
• Buy Now listings
• Make Offer listings
• Other formats Fragrancer may make available

You are responsible for selecting the appropriate listing format, starting price, Buy Now price, reserve price and other listing settings.

When you list an item for auction, you agree to honor the highest valid bid when the auction closes if any applicable reserve price has been satisfied.

You may not refuse to complete an auction solely because you are dissatisfied with the final selling price if the auction was properly completed according to the listing terms.

Fragrancer auctions may use automatic bidding, bid increments and anti-sniping time extensions as described in our Bidder Terms.

Fragrancer may allow you to establish a reserve price for certain auctions.

A reserve price represents the minimum selling price you are willing to accept.

If the highest valid bid does not satisfy your reserve price, you generally are not required to complete the sale unless you voluntarily agree otherwise.

If the reserve price is satisfied, you agree to honor the completed auction.

If a Buyer completes an eligible Buy Now purchase, you agree to sell the Listed Item to that Buyer at the displayed price subject to the applicable listing terms.

You may not cancel a completed Buy Now transaction solely because you later decide that you wanted a higher price.

When Make Offer functionality is available, Buyers may submit offers on eligible listings.

You may accept, reject or counter an offer as permitted by marketplace functionality.

If you accept an offer, you agree to complete the transaction at the accepted price subject to the applicable listing terms.

A sale may become binding when:

• A Buyer wins an auction and any applicable reserve price has been satisfied
• A Buyer completes a Buy Now purchase
• You accept a Buyer’s Make Offer submission

Once a sale becomes binding, both you and the Buyer are expected to complete the transaction.

You should not cancel a completed transaction without a legitimate reason.

Legitimate reasons may include circumstances such as:

• The item was materially damaged before shipment
• The item was lost or stolen before delivery
• A material listing error makes completion impracticable
• The Buyer and Seller mutually agree to cancel
• Fragrancer determines that fraud or suspicious activity may be involved
• Completion of the transaction would violate applicable law or shipping restrictions

Repeated cancellations or abuse of marketplace transactions may result in account restrictions or suspension.

You may not manipulate the price, bidding activity or perceived demand for your Listed Items.

You may not:

• Bid on your own auction
• Use another account to bid on your own auction
• Ask another person to bid solely to increase the price
• Coordinate artificial bids with another user
• Create fake offers
• Create fake transactions
• Use multiple accounts to manipulate marketplace activity
• Manipulate feedback or transaction history

Fragrancer may cancel bids, cancel transactions, remove listings, suspend accounts or permanently terminate users engaged in marketplace manipulation.

Unless otherwise stated, Buyers pay Sellers directly using payment methods accepted by the Seller.

You are responsible for clearly identifying accepted payment methods when required by the marketplace.

Depending on available functionality, payment methods may include approved integrated or third-party payment providers or other payment arrangements permitted by Fragrancer.

You are responsible for reviewing and complying with the terms, fees, restrictions and policies of any payment service you choose to use.

Fragrancer does not guarantee that a payment made by a Buyer will not later be reversed, disputed, charged back or otherwise challenged through a third-party payment provider.

You are responsible for shipping Sold Items according to your listing, your agreement with the Buyer, applicable law and applicable carrier requirements.

Many fragrances contain alcohol or other ingredients that may be subject to carrier rules, hazardous-material restrictions, air-transport restrictions or other shipping requirements.

You are solely responsible for determining whether and how your Listed Item may lawfully be shipped and for complying with all applicable carrier, packaging, labeling and transportation requirements.

You agree to:

• Package fragrances appropriately
• Take reasonable precautions against breakage and leakage
• Protect glass bottles and other fragile containers during shipment
• Secure caps, atomizers and other components when appropriate
• Use packaging appropriate for the applicable carrier and product
• Comply with applicable shipping and carrier restrictions
• Ship within the timeframe disclosed to the Buyer
• Use the shipping method stated in your listing when applicable
• Provide accurate tracking information when available
• Ship the item to the address agreed upon for the transaction

You should not offer a shipping method that you know is prohibited for the applicable fragrance or destination.

Fragrancer does not package, ship or deliver Listed Items and is not responsible for loss, theft, delay, confiscation, carrier rejection, misdelivery, leakage, breakage or other damage occurring during transportation.

You are responsible for accurately disclosing applicable shipping charges in your listing.

You may not intentionally advertise an artificially low item price and then use unreasonable shipping charges to mislead Buyers or manipulate marketplace transactions.

If you offer free shipping, you are responsible for the applicable shipping cost unless otherwise agreed with the Buyer.

You may offer local pickup for eligible items when permitted by Fragrancer.

You and the Buyer are responsible for coordinating the time, location, payment and transfer of the Listed Item.

You should use reasonable judgment regarding personal safety when meeting another user and should choose an appropriate public or otherwise safe location when possible.

You are responsible for establishing and accurately disclosing your applicable return or refund policy, subject to applicable law and payment-provider requirements.

Your policy should clearly indicate whether returns or refunds are:

• Accepted
• Accepted under specified conditions
• Not accepted except where required by applicable law

You are responsible for honoring the policy stated in your listing.

New, sealed, opened, pre-owned, vintage, discontinued, decanted, sampled, partial or collectible fragrances may have different return considerations. You should clearly disclose applicable restrictions before the transaction.

Nothing in your Seller return or refund policy eliminates rights that a Buyer may have under applicable law or applicable payment-provider policies.

When you agree or are legally required to provide a refund, you are responsible for issuing the refund to the Buyer using an appropriate method.

Fragrancer generally does not hold the Buyer’s purchase funds and therefore may not be able to issue a refund on your behalf.

Any Fragrancer fees associated with a transaction are subject to the applicable fee policy and are not necessarily refundable solely because a Seller provides a refund to a Buyer.

You may not use Fragrancer marketplace features in a manner intended to manipulate transactions, mislead Buyers, evade applicable marketplace requirements or abuse the Services.

Where Fragrancer charges a fee associated with a transaction or Service, you may not intentionally structure, cancel, misrepresent or move a transaction for the primary purpose of avoiding an applicable Fragrancer fee.

Prohibited conduct may include:

• Creating false cancellations
• Creating fake transactions
• Misrepresenting the final sale price
• Manipulating transaction records
• Using marketplace communications primarily to evade an applicable marketplace fee or requirement

Repeated or intentional abuse may result in Seller restrictions, suspension or permanent account termination.

Listings may not be used primarily to advertise another marketplace, website, store or service.

Fragrancer may remove hyperlinks, website addresses, telephone numbers, email addresses or other information from listings when reasonably necessary to prevent spam, fraud, marketplace abuse or misuse of marketplace listings.

You agree to communicate with Buyers professionally and in good faith.

You may not use marketplace communications to:

• Threaten or harass Buyers
• Send unsolicited spam
• Misrepresent an item or transaction
• Request fraudulent payment
• Send malware or malicious links
• Manipulate feedback
• Facilitate unlawful activity

Buyers may be permitted to leave feedback regarding completed transactions.

You may not manipulate the feedback system or offer compensation, refunds, discounts or other benefits solely in exchange for misleading positive feedback.

You may not threaten a Buyer for leaving legitimate feedback.

Fragrancer may remove feedback that violates marketplace policies.

Fragrancer does not guarantee any particular search ranking, listing position, number of views, number of bids, number of offers or sale.

Search results and listing visibility may be affected by factors including:

• Search relevance
• Category
• Brand
• Price
• Listing format
• Auction ending time
• Seller activity
• Listing quality
• Promotional features
• Buyer-selected filters and sorting options

Fragrancer does not guarantee that:

• Your Listed Item will receive views
• Your auction will receive bids
• You will receive offers
• Your Listed Item will sell
• A Buyer will complete payment
• A payment will not later be disputed or reversed

Selling through an online marketplace involves risk, and you are responsible for evaluating Buyers, payment methods and delivery methods and taking reasonable precautions against fraud.

Fragrancer is an independent marketplace and is not responsible for the operation, policies, warranties or actions of fragrance brands, manufacturers, distributors, retailers, payment providers, shipping providers or other third-party services.

References to fragrance brands, manufacturers, product names or trademarks are for identification purposes and do not imply that Fragrancer is affiliated with, sponsored by or endorsed by the applicable brand or rights holder.

Manufacturer warranties, guarantees or other benefits may not be transferable and may be subject to separate eligibility, documentation, region, purchase-channel, registration or ownership requirements.

You should not represent that a Listed Item includes a manufacturer warranty or other manufacturer benefit unless you have a reasonable basis for that representation.

Fragrancer does not guarantee that a fragrance brand, manufacturer, retailer or other third party will recognize or honor any warranty, guarantee or benefit associated with a Listed Item.

You are responsible for determining and satisfying your tax obligations arising from marketplace sales except where applicable law specifically requires Fragrancer or another service provider to collect, report or remit an amount.

You are responsible for maintaining any records necessary for your tax, accounting and business obligations.

Fragrancer does not provide tax advice.

You are responsible for complying with laws and regulations applicable to your business, Listed Items and transactions.

This includes any laws, regulations or carrier requirements applicable to the sale, labeling, packaging, shipment, transportation or delivery of fragrance products.

Fragrancer may request information reasonably necessary to comply with legal or regulatory requirements, verify Seller information, prevent fraud or counterfeiting, or protect marketplace users.

Where required by applicable law, we may collect, verify, retain or disclose certain Seller information.

Failure to provide information required by law or marketplace policy may result in restrictions on your ability to sell.

You may not create listings that unlawfully infringe copyrights, trademarks, patents or other intellectual property rights.

You represent that you have the right to use all photographs, descriptions, logos, graphics and other content submitted with your listings.

Fragrancer may remove listings or User Content that we reasonably believe infringes third-party rights.

References to fragrance brands, manufacturers, product names or trademarks are permitted for legitimate product-identification purposes but may not be used in a misleading manner or in a way that falsely implies affiliation, sponsorship, authorization or endorsement.

For each Listed Item, you represent and warrant that:

1. You own the Listed Item or have legal authority to sell it.
2. The item was lawfully obtained.
3. The item is not stolen or counterfeit.
4. The sale is lawful.
5. The listing is accurate and not materially misleading.
6. The fragrance brand, name, concentration, bottle size and other material product information are accurately represented to the best of your knowledge.
7. The condition and approximate fill level are accurately represented to the best of your knowledge.
8. Known material defects, damage, leakage, evaporation or other relevant conditions have been disclosed.
9. Any decant, sample, tester, partial bottle, vintage fragrance or other special product condition has been appropriately disclosed.
10. You have a reasonable basis for representations concerning authenticity.
11. Photographs and descriptions accurately represent the Listed Item.
12. You have the right to use all listing content.
13. You have possession or control of the Listed Item and the ability to deliver it as represented.
14. You will honor completed transactions as required by these Seller Terms.
15. You will comply with your stated shipping, return and refund policies.
16. You will pay any applicable Fragrancer charges that you specifically authorize.
17. You will comply with applicable laws and regulations.

Fragrancer may review marketplace listings but is not obligated to independently verify, inspect or authenticate every listing.

We may remove, restrict, edit, re-categorize or suspend a listing when we reasonably believe:

• The listing violates marketplace policies
• The item may be prohibited
• The item may be counterfeit
• The listing is materially misleading
• The listing creates a fraud or safety risk
• The listing infringes third-party rights
• The listing contains inappropriate content
• A technical or categorization correction is necessary

Our decision to permit a listing to remain on Fragrancer does not constitute authentication, inspection, approval, certification or endorsement of the Listed Item or Seller.

Fragrancer may cancel or restrict listings, bids, offers or transactions when we reasonably believe fraudulent, suspicious, counterfeit or manipulative activity may be involved.

We may request additional information, photographs, receipts, invoices, product information, identity information or other documentation from you before restoring a listing or Seller account.

Fragrancer may restrict, suspend or terminate Seller privileges when we reasonably believe that you:

• Failed to pay applicable authorized marketplace charges
• Repeatedly canceled completed sales without legitimate reason
• Failed to ship Sold Items
• Misrepresented Listed Items
• Sold prohibited, stolen or counterfeit products
• Misrepresented fragrance authenticity, condition or fill level
• Manipulated auctions, offers or feedback
• Engaged in marketplace or fee circumvention
• Engaged in fraudulent activity
• Violated these Seller Terms
• Violated the Fragrancer Terms & Conditions

Serious or repeated violations may result in permanent account termination.

Suspension, closure or termination of your account does not eliminate amounts properly owed to Fragrancer.

You remain responsible for optional listing upgrades, Featured Store fees, subscription fees, promotional Services and other authorized charges incurred before account termination.

Where you have provided a payment method for an authorized paid Service, we may use that payment method to collect properly authorized outstanding charges in accordance with these Seller Terms and applicable law.

The indemnification provisions contained in the Fragrancer Terms & Conditions apply to your activities as a Seller.

To the fullest extent permitted by law, you agree to indemnify, defend and hold harmless Fragrancer and the parties identified in our Terms & Conditions from claims, damages, losses, liabilities, costs and expenses, including reasonable attorneys’ fees, arising out of or related to:

• Your Listed Items
• Your listings
• The authenticity, condition or contents of your Listed Items
• Your sale of a Listed Item
• Your shipping or delivery of a Listed Item
• Your return or refund policies
• Your User Content
• Your violation of applicable law
• Your violation of another person’s rights
• Your breach of these Seller Terms
• Your breach of the Fragrancer Terms & Conditions

Fragrancer may update these Seller Terms from time to time.

Updated Seller Terms will be posted on Fragrancer with a revised effective date.

Your continued creation of new listings or use of Seller Services after updated Seller Terms become effective constitutes acceptance of those updated terms to the extent permitted by applicable law.

These Seller Terms supplement the Fragrancer Terms & Conditions.

If there is a conflict between these Seller Terms and the Terms & Conditions, the Terms & Conditions will control unless expressly stated otherwise.

If you have questions regarding these Seller Terms or selling through Fragrancer, please contact us.