Terms of service

TERMS OF SERVICE

Effective Date: 3-20-2026
Last Updated:  3-20-26

Welcome to Phermont Co. (“Phermont,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your access to and use of our website, products, services, content, and any purchases made through our website (collectively, the “Services”).

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree, do not use our Services.

1. Eligibility

You must be at least 18 years old, or the age of majority in your jurisdiction, to use our Services or place an order. By using our Services, you represent and warrant that you meet these requirements.

2. Products and Product Information

We make every effort to display our products, descriptions, notes, colors, imagery, and packaging as accurately as possible. However, we do not guarantee that product photographs, colors, text, or other content will be perfectly accurate, complete, or current on every device.

Because our products may include natural materials and botanicals, variations in scent, color, clarity, and appearance may occur from batch to batch. Such variations are normal and do not constitute defects.

All products are offered subject to availability, and we reserve the right to discontinue, limit, substitute, or modify products, packaging, pricing, or specifications at any time without notice.

3. Ingredient Review, Sensitivities, and Personal Use

You are solely responsible for reviewing the ingredient list and product information before purchasing and using any product. By purchasing from us, you acknowledge that fragrance is personal and that individual sensitivities, allergies, and reactions may occur.

You agree to:

  • review ingredients carefully before purchase;

  • discontinue use immediately if irritation or other adverse reaction occurs; and

  • use products only as directed.

Except where prohibited by law, Phermont is not responsible for allergic reactions, sensitivities, misuse, over-application, patch-test failures, or use contrary to instructions or warnings.

Our products are for personal, external use only unless expressly stated otherwise. Keep away from eyes, flames, heat, and children. Fragrance products may be flammable.

4. No Medical or Therapeutic Claims

Our products and website content are not intended to diagnose, treat, cure, or prevent any disease or medical condition. Any statements regarding aroma, mood, ritual, botanicals, or ingredients are for general informational and brand storytelling purposes only and are not medical advice.

5. Orders

Your order is an offer to purchase. We reserve the right, in our sole discretion, to accept or reject any order for any lawful reason, including suspected fraud, suspected resale activity, pricing errors, inventory issues, or shipping restrictions.

We may limit quantities purchased per person, household, or order. We may also refuse or cancel orders that appear to be placed by dealers, resellers, or distributors.

If we cancel an order after payment has been authorized or captured, we will issue a refund of the amount we determine is owed to the original payment method.

6. Prices and Payment

All prices are listed in U.S. dollars unless otherwise stated. Prices, promotions, and product availability may change at any time without notice.

You authorize us to charge your selected payment method for the full amount of your order, including applicable taxes, shipping, and any other disclosed charges. You represent and warrant that you are authorized to use the payment method submitted.

7. Shipping and Delivery

Shipping times are estimates only and are not guaranteed unless expressly stated by us in writing. Delays may occur due to carrier issues, weather, regulatory restrictions, hazardous-material handling, supply interruptions, or other causes beyond our control.

We are not liable for delays, lost packages, theft after delivery, incorrect addresses submitted by customers, failed delivery attempts, customs delays, or carrier errors. You are responsible for providing accurate shipping information.

If a package is returned to us due to an incorrect address, refusal, or failed delivery, we may require additional shipping charges before reshipment.

8. Returns, Refunds, and Exchanges

Due to the personal and hygienic nature of fragrance products, all perfume and fragrance sales are final unless a product arrives damaged, defective, or the wrong item was sent.

We do not accept returns or exchanges for:

  • opened products;

  • used products;

  • products purchased in error;

  • dissatisfaction based on scent preference;

  • sensitivity concerns where the ingredient list was available before purchase; or

  • normal batch-to-batch variation in natural materials.

If your order arrives damaged, defective, or incorrect, you must contact us at info@phermontco.com within 7 days of delivery and include your order number plus clear photographs. We reserve the right to determine, in our sole discretion, whether a replacement, store credit, partial refund, or full refund is appropriate.

Chargebacks filed without first contacting us to attempt resolution may constitute a breach of these Terms.

9. Promotional Codes and Final Sale

Promotional codes may be modified or discontinued at any time. Promotions cannot be applied retroactively and may not be combined unless expressly stated.

Items marked as final sale, limited release, small batch, sample, discontinued, promotional, or clearance are not eligible for return, refund, or exchange except where required by law.

10. Subscription, Waitlist, SMS, and Email Communications

If you subscribe to our mailing list, waitlist, SMS list, or similar communications, you agree to receive messages from us subject to your consent and applicable law. Consent to marketing messages is not a condition of purchase. Message and data rates may apply for SMS. You may unsubscribe at any time using the method provided in the communication.

11. Intellectual Property

All content on the Services, including without limitation our trademarks, trade names, logos, brand names, product names, fragrance names, text, graphics, images, videos, designs, packaging, website layout, and other materials, is owned by or licensed to Phermont and is protected by intellectual property laws.

You may not copy, reproduce, distribute, modify, create derivative works from, republish, scrape, display, sell, or exploit any part of the Services without our prior written consent.

12. User Content and Reviews

If you submit reviews, comments, photos, videos, tags, testimonials, or other content to us or about us (“User Content”), you grant Phermont a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use, reproduce, publish, display, adapt, edit, distribute, and otherwise exploit that User Content in any media for lawful business purposes.

You represent and warrant that:

  • you own or control the rights to the User Content;

  • your User Content is accurate and not misleading;

  • your User Content does not violate any law or third-party rights; and

  • your User Content is not defamatory, obscene, harassing, infringing, or fraudulent.

We may remove User Content at any time in our sole discretion.

13. Prohibited Conduct

You agree not to:

  • use the Services for any unlawful purpose;

  • interfere with or disrupt the Services;

  • attempt to gain unauthorized access to systems or accounts;

  • scrape, harvest, or mine data from the Services;

  • impersonate another person or entity;

  • submit false information;

  • resell products without written authorization; or

  • use the Services in a manner that could damage Phermont, its customers, or its reputation.

14. Third-Party Services

Our Services may contain links to third-party websites, apps, payment processors, social platforms, or services. We do not control and are not responsible for third-party content, policies, practices, products, or services. Your use of third-party services is at your own risk and subject to their terms.

15. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES AND ALL PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY LAW, PHERMONT DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES, OR THAT PRODUCTS WILL MEET EVERY CUSTOMER’S EXPECTATIONS, PREFERENCES, OR SENSITIVITY TOLERANCES.

NOTHING IN THESE TERMS EXCLUDES ANY WARRANTY OR RIGHT THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

16. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, PHERMONT AND ITS FOUNDERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES, AGENTS, SUCCESSORS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITY, OR USE, ARISING OUT OF OR RELATING TO THE SERVICES OR PRODUCTS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, PHERMONT’S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES OR PRODUCTS SHALL NOT EXCEED THE AMOUNT YOU PAID TO PHERMONT FOR THE SPECIFIC PRODUCT OR ORDER GIVING RISE TO THE CLAIM.

THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, STATUTE, OR OTHERWISE.

17. Indemnification

You agree to defend, indemnify, and hold harmless Phermont and its affiliates, owners, officers, directors, employees, contractors, agents, successors, and licensors from and against any claims, demands, actions, damages, judgments, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to:

  • your use of the Services;

  • your breach of these Terms;

  • your misuse of products;

  • your violation of any law; or

  • your infringement of any third-party rights.

18. Governing Law

These Terms and any dispute arising out of or relating to them or the Services shall be governed by the laws of the State of California, without regard to conflict-of-law principles.

19. Dispute Resolution; Arbitration; Class Action Waiver

Please read this section carefully.

To the fullest extent permitted by law, any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or any product purchased from Phermont shall first be attempted to be resolved informally by contacting us at info@phermontco.com.

If the dispute is not resolved informally within 30 days, then, except for claims that qualify for small claims court, the dispute shall be resolved by binding individual arbitration in Orange County, California, under its applicable consumer rules.

YOU AND PHERMONT AGREE THAT ANY PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, CONSOLIDATED, MASS, COLLECTIVE, OR REPRESENTATIVE ACTION. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND PHERMONT WAIVE ANY RIGHT TO A JURY TRIAL AND ANY RIGHT TO PARTICIPATE IN A CLASS ACTION.

If any part of this arbitration provision is found unenforceable, the remaining portions shall remain in effect to the fullest extent permitted by law, except that if the class action waiver is found unenforceable, then this entire Section 19 may be deemed unenforceable to that extent.

20. Termination

We reserve the right to suspend or terminate your access to the Services at any time, without notice, for conduct that we believe violates these Terms, applicable law, or the interests of Phermont or others.

Sections that by their nature should survive termination shall survive, including without limitation ownership, disclaimers, limitation of liability, indemnification, dispute resolution, and governing law.

21. Changes to These Terms

We may update these Terms at any time in our sole discretion. The updated version will be posted on this page with a revised “Last Updated” date. Your continued use of the Services after any update constitutes acceptance of the revised Terms.

22. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision shall be enforced to the maximum extent permissible and the remaining provisions shall remain in full force and effect.

23. Entire Agreement

These Terms, together with our Privacy Policy, Shipping Policy, Return Policy, and any other policies expressly incorporated by reference, constitute the entire agreement between you and Phermont regarding the Services and supersede all prior or contemporaneous communications.