FAQ
I missed the spray, can I get another?
For best results, once payment has processed wait until the circle light up place your wrist or position your neck or turn your head for a hair spray then select your fragrance. We do not offer refunds. Please contact us if you had any technically issues at info@perfumatictexas.com
TERMS OF SERVICE
The following Master Terms of Service (the "Agreement") constitute a legally binding contract governing the relationship between Fern Collective Holdings LLC, doing business as Perfumantic Texas (the "Operator"), and all distinct classifications of entities interacting with the enterprise. This Agreement is compartmentalized to address the unique legal obligations of retail consumers, payment processors, location partners, and independent hardware vendors.
By interacting with the physical vending hardware, executing a transaction via the cashless payment terminal, navigating the website (perfumantictexas.com), or entering into a commercial hardware acquisition contract, the individual or corporate entity (the "User") acknowledges that they have read, understood, and unequivocally agreed to be bound by the entirety of these terms.
Section 1: End-Consumer Retail and Dispensing Terms
This section governs the relationship between the Operator and the individual retail consumer initiating a purchase at the physical vending machine.
Clause 1.1: Service Delivery and Atomized Dispensation. The vending hardware, manufactured by Perfumatic Group BCN S.L. , provides localized, automated dispensation of synthetic cosmetic fragrances directly onto the consumer's person. The hardware utilizes pressurized, tamper-evident cartridge systems engineered with calibrated nozzles to deliver a specific, controlled volume of aerosolized fragrance per transaction. Due to the inherent physical variables of aerosolized dispensing (including ambient temperature, nozzle proximity, and atmospheric pressure), the Operator assumes no liability for minor volumetric variances in the dispensed product.
Clause 1.2: Strict No-Refund Policy. Pursuant to the Texas Deceptive Trade Practices Act (DTPA) and standard commercial codes governing the automated sale of consumable goods, the Operator strictly enforces an absolute "No Refund" policy for all transactions processed through the physical vending machines. Due to the consumable, unrecoverable, and immediate nature of aerosolized cosmetics, all sales are deemed final the exact millisecond the payment terminal authorizes the transaction and the dispensing nozzle is actuated. Cash refunds are strictly prohibited due to the exclusively cashless nature of the Nayax telemetry hardware.
Clause 1.3: Machine Malfunctions and Remediation Protocols. The Operator recognizes that mechanical systems are subject to occasional failure. In the event of a mechanical hardware failure, a telemetry synchronization error with the Nayax server, or a complete failure of the nozzle to dispense following a successful financial authorization, consumers are instructed to contact the Operator exclusively via email at info@perfumatictexas.com. While financial refunds to the payment card are strictly prohibited under Clause 1.2, the Operator maintains the absolute discretion to investigate the telemetry logs recorded by the Nayax processing unit to verify the reported malfunction. Upon verification of a hardware fault resulting in a failure to dispense, the Operator may, entirely at its own discretion, provide alternative remediations or dispensations.
Clause 1.4: Medical Disclaimer and Allergen Acknowledgment. The dispensed products consist of proprietary synthetic cosmetic fragrances formulated with standard industry solvents, alcohols, fixatives, and aromatic chemical compounds. The hardware labels explicitly state that the products are intended "For external use only". Consumers bearing known dermal sensitivities, respiratory conditions (such as asthma), or specific fragrance allergies are expressly advised against utilizing the machines. By initiating a transaction, the consumer assumes all physical risks. The Operator, the commercial location hosts, and the hardware manufacturers completely disclaim all liability for adverse physical reactions, skin irritations, respiratory distress, or allergic responses resulting from the voluntary, self-administered application of the product.
Section 2: Intellectual Property and Fragrance Disclaimers
Clause 2.1: Proprietary Formulations. The fragrances housed within the hardware—specifically designated as Aurora Borealis, Madly in love, Out of the dark, Sweet harmony, and Nebula Dust—are original, proprietary synthetic formulations owned and distributed by the Operator. These products are not manufactured, endorsed, sponsored, authorized, or distributed by the creators, owners, or licensors of any luxury designer fragrances.
Clause 2.2: Comparative Advertising and Fair Use. Any textual, visual, or digital reference on the hardware chassis, the website, or promotional materials to trademarked designer names (specifically: Y, Fame, Libre, Creed, or Dior Sauvage) is executed strictly under the legal doctrine of fair use for the sole and exclusive purpose of comparative advertising. The Operator explicitly does not represent its proprietary products as exact chemical copies, clones, or original designer brand decants. The references serve solely as a comparative olfactory benchmark, ensuring compliance with the Federal Trade Commission's Statement of Policy Regarding Comparative Advertising.
Clause 2.3: Trademark Non-Infringement Disclaimer. The Operator renounces any claim to the exclusive rights of the referenced designer trademarks. The consumer acknowledges, understands, and agrees that they are purchasing a Perfumantic proprietary product evaluated on its own independent cost, style, and scent profile, and that they are not purchasing an original trademarked designer good.
Section 3: Nayax Payment Processing and Financial Settlement
Clause 3.1: Cashless Terminal Operations. The physical hardware relies exclusively on Nayax payment terminals (specifically the VPOS Touch or Onyx models) utilizing Multi Drop Bus (MDB) technology to interface with the machine's control board and facilitate cashless transactions. The terminals are programmed to accept a global array of payment methods, including contact (insert/swipe) and contactless (tap/chip) credit and debit cards, alongside mobile wallet architectures such as Apple Pay, Google Pay, and the Nayax Monyx Wallet.
Clause 3.2: Financial Data Handling and PCI Compliance. The Operator does not locally store, process, cache, or transmit raw primary account numbers (PAN) or highly sensitive cryptographic payment data on its own servers. All financial clearances, encryptions, and tokenizations are executed exclusively through Nayax's secure, PCI-compliant infrastructure. Consequently, consumer inquiries regarding bank statement authorizations, pending ledger holds, or processing delays must be directed to the consumer's issuing financial institution. The Operator possesses no technological capability to override, expedite, or cancel localized bank holding protocols.
Clause 3.3: Incremental Authorization and Offline Operating Mode. To optimize the user experience, the Nayax systems utilize "Incremental Authorization," a protocol permitting consumers to select and receive multiple product dispensations at the machine while consolidating the final financial charge into a single cryptographic transaction block. Furthermore, in environments experiencing temporary cellular or Wi-Fi network degradation, the hardware is legally authorized to operate in "Offline Mode". In this mode, the hardware caches transaction authorization data locally and dispenses the product, automatically uploading the settlement data once network connectivity is restored. Consumers explicitly acknowledge that offline transactions may result in delayed financial settlements, with charges appearing on their banking ledgers hours or days subsequent to the physical dispensation of the product.
Clause 3.4: Processing Limitations of Liability. The Nayax payment infrastructure, including the Nayax Core management suite and MoMa mobile application, is provided on an strictly "AS IS," "AS AVAILABLE," and "WITH ALL FAULTS" basis. Nayax, and by strict extension the Operator, explicitly disclaims all implied warranties of merchantability, fitness for a particular purpose, and uninterrupted network reliability. Neither the Operator nor Nayax shall be held liable under any legal theory (tort, contract, or otherwise) for indirect, incidental, or consequential damages arising from terminal downtime, telecommunication failures, denied authorizations, or the inability to execute a transaction.
Section 4: Digital Infrastructure, Privacy, and Tracking Protocols
Clause 4.1: Data Collection Architecture.
The digital operations of the Operator, encompassing the public-facing domain (perfumantictexas.com) and the internal B2B operational portals, generate and process user data through a highly synchronized technology stack comprising GoDaddy (domain hosting), Odoo (ERP and portal management), Google Analytics (behavioral quantification), Cloudflare (security routing), and Mailjet (email communications).
Clause 4.2: Cookie Deployment and Tracking. The website deploys a matrix of cookies, including session, persistent, technical, and behavioral advertising cookies, to optimize functionality and analyze user traffic. Google Analytics is utilized to quantify user interaction; data collected by these cookies is transferred to United States servers. Cloudflare monitors network traffic globally to prevent automated abuse, fraud, and distributed denial-of-service (DDoS) vectors, processing IP addresses and network signatures as an absolute technical necessity to ensure server stability. Users who do not consent to non-essential tracking must proactively configure their web browser settings to reject cookies or utilize available opt-out add-ons.
Clause 4.3: Third-Party Subprocessors. Data submitted via the website (including support requests, document signing, and B2B inquiries) is processed within the Odoo ecosystem. Odoo SA acts as a subprocessor, handling this data in strict accordance with its proprietary privacy parameters. Mailjet (Sinch Email) processes contact data for transactional routing and marketing communications under a strict Data Processing Agreement (DPA). Mailjet retains operational data to fulfill legal obligations and legitimate security interests, while marketing data is processed strictly based on the user's explicit consent.
Clause 4.4: Marketing Communications Consent. By submitting an email address to info@perfumatictexas.com, or through integrated digital web forms, users explicitly consent to the processing of their data for commercial response and relationship administration. The initiation of continuous direct marketing campaigns requires explicit opt-in consent, which the user retains the absolute right to revoke unilaterally at any time without affecting the lawfulness of processing based on consent before its withdrawal.
Section 5: B2B Location Partner Agreements
This section governs the commercial relationship between the Operator and the distinct commercial entities, property owners, or lessees (the "Location Partner") that authorize the physical installation of the vending hardware upon their premises.
Clause 5.1: Grant of Location and Exclusivity Rights. The Location Partner grants the Operator the explicit, exclusive right to install, stock, maintain, and operate the hardware within agreed-upon, high-visibility, and high-foot-traffic zones of the property. During the active term of the agreement, the Location Partner explicitly agrees that it shall not permit the installation, promotion, or operation of any competing cosmetic, aerosol, or fragrance vending hardware upon the premises.
Clause 5.2: Ownership and Custody of Equipment. The physical hardware, internal telemetry modules, Nayax readers, and the complete fragrance inventory remain the exclusive, undivided property of the Operator. The Location Partner acknowledges that it possesses no right, title, lien, or equity in the equipment. The Location Partner is strictly prohibited from tampering with, impeding, inspecting the internal components of, or relocating the hardware without the Operator's express, prior written authorization.
Clause 5.3: Utility Provisions and Daily Maintenance. The Location Partner agrees to provide continuous, unencumbered access to standard electrical power (110V/220V as required by the hardware specifications) at absolutely no charge to the Operator, ensuring the hardware remains fully operational and the Nayax telemetry maintains constant network connectivity. Furthermore, the Location Partner must exercise reasonable diligence to keep the external chassis of the hardware clean, sanitary, and wholly free of unauthorized advertising, stickers, or debris.
Clause 5.4: Incident Reporting and Vandalism. The Location Partner must promptly notify the Operator of any observed mechanical failure, consumer complaints, acts of vandalism, or physical theft targeting the hardware. While the Operator maintains insurance on the capital asset, the Location Partner must take standard commercial precautions to safeguard the hardware within the property. In the event of continuous, unresolved theft or vandalism, the Operator reserves the unilateral right to remove the hardware without notice and without penalty or breach of contract.
Clause 5.5: Commission and Revenue Sharing Mathematics. If a specific revenue-sharing addendum is executed between the parties, the Operator shall remit a predefined percentage of the Gross Revenue to the Location Partner. "Gross Revenue" is strictly defined as the actual cash-in-bag or digital settlement collected, minus all applicable state and local Texas sales taxes, Nayax processing and telemetry fees, and any refund debits applied to the account. Automated revenue reports generated via the Nayax Core management suite shall serve as the definitive, unchallengeable financial ledger for all commission calculations.
Clause 5.6: Indemnification and Liability Limits. The Location Partner agrees to indemnify, defend, and hold harmless the Operator, its officers, and employees against any and all claims, liabilities, and damages (including personal injury or property damage) arising from the Location Partner's gross negligence, willful misconduct, or failure to maintain generally safe premises in the immediate vicinity of the hardware.
Section 6: B2B Independent Vendor and Hardware Resale Terms
This section governs the distinct entities (the "Independent Vendor") purchasing actual hardware units outright from the Operator for the purpose of establishing autonomous vending routes across Texas or the broader United States.
Clause 6.1: Hardware Acquisition and Title Transfer. Upon full and final financial settlement of the purchase invoice, physical title to the external hardware chassis transfers to the Independent Vendor. However, the Independent Vendor explicitly acknowledges that the internal software ecosystems, Nayax telemetry configurations, and Perfumatic operational methodologies remain bound by continuous intellectual property licensing agreements and cannot be reverse-engineered, duplicated, or modified.
Clause 6.2: Statutory Compliance and Tax Obligations Delegation. The Independent Vendor operates as a wholly autonomous commercial entity. Consequently, the Independent Vendor is solely and exclusively responsible for ensuring compliance with all state laws. In Texas, this requires obtaining their own General Business License, registering their machines with the Comptroller via Form AP-141, securing individual Sales Tax Permits (Form AP-201) for every location they service, and physically affixing the $60 occupation tax decals to their fleet by November 30 annually. The Operator assumes absolutely zero liability for an Independent Vendor's failure to remit state sales tax, local use taxes, or comply with Comptroller mandates.
Clause 6.3: Independent Operation and Agency. The purchase of hardware does not constitute a franchise, joint venture, partnership, or agency relationship between the Operator and the Independent Vendor. The Independent Vendor has no authority whatsoever to bind the Operator to location agreements, financial liabilities, or employment contracts.
Clause 6.4: Refill Logistics and FDA Adulteration Liabilities. To ensure mechanical compatibility with the calibrated nozzles and to maintain strict compliance with FDA MoCRA regulatory guidelines regarding cosmetic contamination, the Independent Vendor must source proprietary fragrance refills exclusively through the Operator or a contractually authorized Perfumatic Group distributor. The introduction of third-party, unverified, or counterfeit liquids into the hardware immediately voids all manufacturer warranties, terminates technical support, and exposes the Independent Vendor to severe federal cosmetic adulteration and liability risks under FDA statutes.
Section 7: General Limitation of Liability, Severability, and Dispute Resolution
Clause 7.1: Comprehensive Hardware and Service Disclaimers. The vending hardware, digital portals, mobile applications, and associated services are provided strictly "AS IS" and "WITH ALL FAULTS". The Operator, alongside Perfumatic Group BCN S.L. and Nayax, expressly disclaims all warranties, whether express or implied by law or statute, including but not limited to implied warranties of merchantability, continuous operational uptime, and fitness for a particular purpose.
Clause 7.2: Consequential Damages Exclusion. Under no circumstances, and under no legal theory (whether in contract, tort, negligence, or strict liability), shall the Operator, its directors, holding companies, hardware manufacturers, or software subprocessors (including Odoo and Cloudflare) be liable for indirect, incidental, special, punitive, or consequential damages. This sweeping exclusion includes, but is not limited to, damages for lost revenue, lost profits, loss of goodwill, work stoppage, digital data corruption, or catastrophic hardware failure, regardless of whether the Operator was advised of the possibility of such damages.
Clause 7.3: Force Majeure. The Operator shall not be held liable, nor be deemed in breach of this Agreement, for any delay or failure in performance caused by circumstances beyond its reasonable, foreseeable control. Such circumstances explicitly include acts of God, extreme meteorological events, widespread telecommunications or power outages, global supply chain disruptions affecting fragrance imports from Europe, pandemic restrictions, or sudden, unilateral regulatory shifts implemented by the Texas Comptroller or the federal FDA.
Clause 7.4: Governing Law and Exclusive Venue. This Agreement, the operational scope of the hardware, and any claims arising from the use of the digital properties shall be governed by, construed, and enforced strictly in accordance with the laws of the State of Texas, without regard to its conflict of law principles. Any legal action, suit, or proceeding arising out of or relating to this operation, including disputes with Independent Vendors or Location Partners, must be instituted exclusively in the state or federal courts located within the State of Texas, and all parties consent to the personal jurisdiction of such courts.
Clause 7.5: Severability of Provisions. If any specific provision or clause of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable under Texas or federal law, such a determination shall not affect the validity or enforceability of the remaining provisions. The invalid provision shall be struck, and the remainder of the Agreement shall remain in full force and effect, interpreted as closely as possible to the original intent of the parties.
Clause 7.6: Unilateral Amendment and Modification. The Operator reserves the sovereign right to amend, update, or modify these Terms of Service at any given time to reflect necessary changes in FDA compliance, modifications to the Texas tax codes, or shifts in digital operational logistics. Continued use of the vending hardware or digital platforms following the posting of modifications constitutes the User's binding acceptance of the revised terms.