Terms of service

TERMS OF SERVICE

XO ATELIER LTD LIABILITY CO.

Effective Date: November 11, 2026
Last Updated: November 11, 2026

These Terms of Service ("Terms," "Agreement") govern your access to and use of the website located at https://byxoatelier.us, including all purchases, transactions, products, services, content, and other interactions conducted through the website.

The website is owned and operated by XO ATELIER LTD LIABILITY CO. ("XO Atelier," "Company," "we," "us," or "our").

By accessing our website, creating an account, placing an order, or otherwise using our services, you acknowledge that you have read and agree to these Terms, together with any policies incorporated herein.

If you do not agree to these Terms, you must discontinue use of our website and services.

1. COMPANY INFORMATION

Legal Business Name: XO ATELIER LTD LIABILITY CO.

Business Address:

468 Lidgerwood Avenue
Elizabeth, NJ 07202
United States

Official Website: https://byxoatelier.us

Customer Service Email: elijahagurto@xoatelier.us

Official Instagram: @byxoatelier

XO Atelier is an independent fragrance house engaged in the creation, development, marketing, and sale of fragrance products and related merchandise.

All purchases through our official website are transactions with XO ATELIER LTD LIABILITY CO.

2. ACCEPTANCE OF TERMS & ELECTRONIC AGREEMENT

By using our website or completing a purchase, you acknowledge that these Terms govern your relationship with XO Atelier.

Where an affirmative acceptance mechanism is provided, including a checkbox or electronic acknowledgment, selecting that option constitutes your electronic agreement to these Terms.

You agree that electronic records, electronic acknowledgments, and electronic transactions may be used to establish and document your agreement, to the extent permitted by applicable law.

You are responsible for reviewing the applicable policies before completing a transaction.

Your continued use of the website following the publication of revised website terms constitutes acceptance of revised terms to the extent permitted by applicable law.

3. ELIGIBILITY & CUSTOMER RESPONSIBILITIES

By accessing our website or purchasing our products, you represent that:

You are at least eighteen (18) years old or otherwise have the legal capacity to enter into a binding agreement.
You have the authority to enter into these Terms.
All information submitted during checkout or account registration is accurate and complete.
Your payment information is authorized for the transaction.
You will use our website and products for lawful purposes.
You will not engage in fraudulent, abusive, deceptive, or unauthorized conduct.

You are responsible for maintaining the confidentiality of your account credentials and for activities conducted through your account, subject to applicable law.

You agree to notify us promptly if you believe your account or payment information has been compromised.

4. PRODUCTS, DESCRIPTIONS & FRAGRANCE CHARACTERISTICS

XO Atelier offers independently developed fragrance products and related merchandise.

We make reasonable efforts to ensure that product descriptions, fragrance notes, photographs, product details, and other representations accurately describe the products offered.

However, customers acknowledge that fragrance is inherently subjective.

The following may vary between individuals:

Fragrance perception and interpretation.
Longevity and wear time.
Projection and sillage.
Fragrance development and dry-down.
Performance depending on skin chemistry.
Performance depending on climate, environment, and application.
Individual sensitivity to fragrance materials.

Fragrance notes and descriptions communicate the intended olfactory profile of a product. They do not guarantee that every customer will perceive the same notes or experience the same fragrance performance.

Product photographs, colors, packaging representations, and digital displays may differ slightly from physical merchandise due to lighting, photography, screen settings, production variations, and other factors.

Minor variations that do not materially alter the product do not necessarily constitute a product defect.

Nothing in this section excuses a failure to provide merchandise that conforms to applicable legal requirements.

5. FRAGRANCE SAFETY & PROPER USE

All fragrance products should be used in accordance with their labeling, applicable warnings, and intended purpose.

Customers are responsible for reviewing product ingredients and available safety information before use.

XO Atelier recommends:

Using fragrance products only as directed.
Avoiding contact with eyes and sensitive areas.
Discontinuing use if irritation or an adverse reaction occurs.
Avoiding application to broken, irritated, or compromised skin.
Keeping fragrance products away from children and pets.
Storing fragrance products away from excessive heat and direct sunlight.
Keeping fragrance products away from flames, sparks, and other ignition sources.

Fragrance products containing alcohol may be flammable.

Customers with known ingredient sensitivities or concerns should consult an appropriate healthcare professional before using a product.

Our fragrance descriptions are not medical advice, dermatological advice, or representations that a product is hypoallergenic or suitable for every individual.

Customers must not ingest fragrance products or use them in a manner inconsistent with their intended purpose.

Nothing in these Terms excludes liability for legally actionable product defects, failure to provide required warnings, or other obligations imposed by applicable law.

6. PRODUCT AVAILABILITY & DISCONTINUATION

All products are subject to availability.

XO Atelier reserves the unrestricted right, to the extent permitted by applicable law, to:

Introduce new products and fragrance collections.
Discontinue existing products or fragrance collections.
Modify product offerings and available sizes.
Update fragrance formulations and product specifications.
Change packaging, presentation, and product design.
Limit quantities available for purchase.
Restrict purchases of particular products.
Remove products from our website.
Temporarily or permanently discontinue any product or category.

We do not guarantee that a particular fragrance, product size, collection, or merchandise item will remain available.

If an accepted order cannot be fulfilled due to product unavailability, we reserve the right to cancel the affected order and provide any applicable refund in accordance with law.

7. PRICING, SALES, DISCOUNTS & PROMOTIONS

XO Atelier reserves the right to establish, modify, increase, decrease, or discontinue product prices, shipping charges, promotional pricing, discounts, and other commercial offers at its discretion, without prior individual notice, to the extent permitted by law.

This includes:

Regular retail pricing.
Promotional pricing.
Temporary sales.
Holiday promotions.
Launch pricing.
Discount codes.
Complimentary offers.
Bundles and special collections.
Minimum purchase requirements.
Promotional eligibility requirements.
Limited-time offers.

All prices and promotional conditions displayed at the time of checkout govern the applicable transaction, subject to applicable law and correction of genuine errors.

Promotional offers may be modified, suspended, or discontinued prospectively at any time.

Unless expressly stated otherwise:

Promotions cannot be combined.
Discount codes cannot be exchanged for cash.
Discounts have no cash redemption value.
Promotional offers cannot be applied retroactively to previously completed purchases.
Promotions may be subject to minimum purchase requirements.
Promotional availability is not guaranteed.
Expired or invalid promotional codes will not be honored.

We reserve the right to correct genuine pricing, typographical, promotional, and technical errors.

If an error materially affects an order, we may contact the customer to discuss cancellation or other legally permissible options. We will not unilaterally impose a higher price on an already accepted order without the customer's agreement.

8. ORDER PLACEMENT & ACCEPTANCE

Submitting an order constitutes an offer to purchase the selected products.

An automated order confirmation acknowledges receipt of an order but does not necessarily constitute final acceptance.

XO Atelier reserves the right to accept or reject orders where legally permissible.

Reasons for rejection or cancellation may include:

Suspected fraudulent activity.
Unauthorized payment methods.
Payment processing failures.
Inventory discrepancies.
Genuine pricing or technical errors.
Suspected resale or purchasing abuse.
Violations of these Terms.
Other legitimate operational or legal reasons.

If an order is canceled after payment has been collected, applicable refunds will be issued in accordance with law.

We reserve the right to limit quantities purchased per customer, household, transaction, or shipping destination where reasonably necessary to prevent fraud, abuse, unauthorized resale, or inventory exploitation.

9. PAYMENT AUTHORIZATION & PROCESSING

Customers must provide valid payment information and authorize the applicable transaction.

Payment processing may be handled through independent third-party payment processors.

XO Atelier does not necessarily receive or maintain complete payment card information.

We reserve the right to decline transactions that cannot be properly authorized or that present reasonable indicators of fraud or unauthorized payment activity.

Customers are responsible for ensuring that sufficient funds or available credit exist to complete their purchases.

Applicable taxes and disclosed shipping charges will be calculated at checkout.

10. ORDER MODIFICATIONS & CANCELLATIONS

Customers should carefully review their orders before submitting payment.

Requests to modify or cancel an order must be submitted promptly through our official customer service email.

We cannot guarantee that a requested modification or cancellation can be accommodated.

Once an order enters fulfillment, preparation, packaging, or carrier handoff, modifications and cancellations may no longer be operationally possible.

XO Atelier reserves the right to cancel orders where legally permissible due to operational limitations, inventory issues, suspected fraud, or other legitimate circumstances.

Nothing in this section limits statutory cancellation or refund rights.

11. SHIPPING, FULFILLMENT & DELIVERY

All purchases are subject to our separately published Shipping Policy.

Our Shipping Policy is incorporated into these Terms by reference.

Customers are responsible for reviewing applicable processing estimates, shipping methods, address requirements, and delivery procedures before completing an order.

Shipping and delivery estimates are not guarantees unless expressly stated otherwise.

XO Atelier will comply with applicable shipping and fulfillment requirements, including federal requirements concerning delayed merchandise orders.

If we cannot ship within the applicable promised timeframe, customers will receive the required notification and opportunity to consent to a delay or cancel for a refund, as applicable.

Carrier transit delays, weather disruptions, operational interruptions, and other unforeseen circumstances may affect delivery.

12. SEEL PACKAGE PROTECTION

XO Atelier offers Seel Package Protection as an independent third-party shipping protection service at checkout.

Customers seeking Seel's additional coverage must select and purchase the protection option during checkout.

Seel independently administers its coverage, eligibility requirements, claims, exclusions, and available resolutions.

Eligible incidents may include, depending on the applicable coverage:

Lost packages.
Stolen packages.
Packages marked as delivered but not received.
Merchandise damaged during shipping.
Other incidents covered under Seel's applicable terms.

Customers may submit eligible claims through:

https://resolve.seel.com

Voluntary Shipping-Related Replacement Assistance

Seel Package Protection must be purchased at checkout for consideration of XO Atelier's voluntary shipping-related replacement assistance.

Orders placed without Seel Package Protection are not eligible for voluntary shipping-related replacement assistance from XO Atelier for incidents including theft, loss, or transit damage.

This requirement applies regardless of the reported shipping incident or merchandise value.

Purchasing Seel protection does not guarantee approval of a claim or a particular resolution.

All claims remain subject to Seel's independent review and applicable coverage terms.

Nothing in this provision waives statutory consumer rights, mandatory refund obligations, or legal responsibilities that cannot be excluded under applicable law.

13. RETURNS, REFUNDS & EXCHANGES

All return, refund, and exchange requests are governed by our separately published Return & Refund Policy.

Customers should review that policy before completing a purchase.

The applicable policy outlines return eligibility, refund procedures, exchange availability, and other relevant requirements.

No provision of these Terms is intended to eliminate any refund, cancellation, or other rights required under applicable law.

14. SECONDHAND, RESELLER & UNAUTHORIZED THIRD-PARTY PURCHASES

XO Atelier sells merchandise through its official website and authorized sales channels.

We cannot independently verify the authenticity, condition, storage history, handling, or integrity of merchandise acquired through unauthorized resellers, resale platforms, personal decluttering sales, private transactions, gifts, trades, or other transfers outside our official sales channels.

XO Atelier does not guarantee the condition or performance of merchandise obtained through these transactions.

This includes concerns involving:

Unauthorized opening or spraying.
Refilling, dilution, or alteration.
Contamination or tampering.
Improper storage.
Exposure to excessive temperatures.
Unauthorized modifications.
Changes in fragrance performance resulting from handling or storage.
Deterioration occurring after the original sale.

Concerns relating to secondhand merchandise should be directed to the original seller or applicable resale platform.

For authenticity and quality assurance, purchases should be made through our official website.

15. INTELLECTUAL PROPERTY & OWNERSHIP

All content, materials, and intellectual property appearing on our website or associated with XO Atelier are owned by, controlled by, or licensed to XO ATELIER LTD LIABILITY CO., unless otherwise indicated.

Protected materials may include:

XO Atelier names, logos, and branding.
Product names and fragrance names.
Fragrance descriptions and written materials.
Photography and product imagery.
Website design and layouts.
Graphics and illustrations.
Packaging concepts and presentation.
Marketing materials.
Original creative concepts and content.
Other proprietary business materials.

These materials may be protected under applicable copyright, trademark, and intellectual property laws.

No person may reproduce, distribute, publish, modify, copy, commercially exploit, or otherwise use protected materials without prior written authorization.

Purchasing a fragrance does not grant ownership of our brand, intellectual property, formulation rights, marketing materials, or other proprietary business assets.

Unauthorized use may result in appropriate legal action.

16. CUSTOMER REVIEWS, SUBMISSIONS & USER-GENERATED CONTENT

Customers may have opportunities to submit reviews, feedback, photographs, comments, testimonials, or other content through our website or authorized communication channels.

By voluntarily submitting content intended for public display, you represent that:

You own the content or have permission to submit it.
Your submission does not violate another person's rights.
Your submission is not knowingly false, fraudulent, defamatory, or unlawful.
Your submission does not contain confidential or unauthorized personal information.

To the extent permitted by law, you grant XO Atelier a nonexclusive, worldwide, royalty-free license to display, reproduce, distribute, and use submitted content for business, promotional, marketing, and website purposes.

This license does not transfer ownership of your original content.

We reserve the right to moderate, decline, remove, or discontinue displaying user submissions where appropriate.

We do not guarantee that submitted reviews or content will be published.

We will not knowingly present fabricated customer testimonials as genuine customer experiences.

17. PROHIBITED WEBSITE CONDUCT

You agree not to:

Use our website for unlawful purposes.
Engage in fraudulent transactions.
Submit false order or account information.
Attempt unauthorized access to website systems.
Interfere with website security or functionality.
Introduce malicious software or harmful code.
Scrape, harvest, or collect website information without authorization.
Reproduce protected website content without permission.
Impersonate XO Atelier or its representatives.
Abuse discounts, promotions, or checkout functionality.
Engage in conduct intended to disrupt business operations.
Use our website to infringe intellectual property rights.

We reserve the right to restrict or terminate access to our website where reasonably justified and legally permissible.

18. THIRD-PARTY SERVICES & EXTERNAL LINKS

Our website may integrate or link to independent third-party services.

These may include:

Payment processors.
Shipping carriers.
Seel Package Protection.
Website hosting providers.
Analytics providers.
Marketing platforms.
Social media platforms.
Other external services.

Third-party services operate independently and may be governed by separate terms, conditions, and privacy policies.

XO Atelier does not own or control independent third-party services and cannot guarantee their uninterrupted availability, security, or performance.

Your use of such services may be subject to their own agreements.

19. PRIVACY & CUSTOMER INFORMATION

Your use of our website is also governed by our Privacy Policy.

Information collected through account registration, checkout, purchases, customer correspondence, and other website interactions will be handled in accordance with our Privacy Policy and applicable privacy laws.

We may use information as necessary to process orders, communicate with customers, administer transactions, prevent fraud, and operate our business.

Please review our Privacy Policy for further information regarding data collection, use, disclosure, retention, and applicable customer rights.

20. WEBSITE AVAILABILITY & TECHNICAL INTERRUPTIONS

We make reasonable efforts to maintain the availability and functionality of our website.

However, we do not guarantee that the website will remain continuously available, uninterrupted, error-free, or compatible with every device or browser.

Website functionality may be affected by:

Maintenance.
Software updates.
Hosting disruptions.
Security incidents.
Technical errors.
Third-party service interruptions.
Network failures.
Other circumstances outside our reasonable control.

We reserve the right to modify, suspend, restrict, or discontinue website features and services when necessary, subject to applicable law.

21. WARRANTIES & PRODUCT DISCLAIMERS

Nothing in these Terms excludes any express warranty or implied warranty that cannot legally be disclaimed.

To the extent permitted by applicable law, XO Atelier does not guarantee that a fragrance will produce a particular subjective scent experience, longevity, projection, or performance result for every individual.

Descriptions of fragrance characteristics are not promises of identical results across all users.

Any applicable product warranties, statutory protections, and legally required remedies remain unaffected.

22. LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, XO Atelier shall not be liable for indirect, incidental, special, exemplary, or consequential damages arising from the use of our website or the purchase or use of our merchandise.

Where legally permissible, this may include losses arising from:

Temporary website interruptions.
Technical difficulties.
Unauthorized use of customer accounts.
Third-party service disruptions.
Improper product handling or storage.
Unauthorized product alterations.
Circumstances outside our reasonable control.

Nothing in this section excludes or limits liability for fraud, intentional misconduct, gross negligence, or any other liability that cannot legally be excluded or limited.

Nothing in this section restricts consumer rights or remedies provided by applicable federal or state law.

23. INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify and hold harmless XO ATELIER LTD LIABILITY CO. and its authorized representatives against third-party claims, liabilities, losses, and reasonable legal expenses arising directly from:

Your unlawful use of our website.
Your material violation of these Terms.
Your infringement of another person's intellectual property rights.
Your fraudulent conduct.
Your unauthorized use of our business materials.

This provision does not require you to indemnify XO Atelier for its own unlawful conduct or obligations that cannot legally be transferred to a customer.

24. FORCE MAJEURE & EVENTS OUTSIDE OUR CONTROL

XO Atelier shall not be responsible for delays or failures in performance caused by circumstances beyond our reasonable control, to the extent permitted by applicable law.

Such circumstances may include:

Severe weather.
Natural disasters.
Fires or other emergencies.
Government restrictions or actions.
Transportation interruptions.
Carrier disruptions.
Supplier shortages.
Utility interruptions.
Labor disruptions.
Public emergencies.
Cybersecurity incidents.
Other extraordinary circumstances beyond our reasonable control.

This provision does not eliminate any mandatory obligations concerning customer notification, cancellation, or refunds.

25. BUSINESS OPERATIONS & POLICY MODIFICATIONS

XO ATELIER RESERVES THE RIGHT TO MODIFY, UPDATE, REVISE, REPLACE, SUSPEND, OR DISCONTINUE ANY ASPECT OF ITS BUSINESS, WEBSITE, PRODUCTS, SERVICES, PRICING, PROMOTIONS, OR POLICIES AT ITS DISCRETION, WITHOUT PRIOR INDIVIDUAL NOTICE TO CUSTOMERS, EXCEPT WHERE NOTICE OR CONSENT IS REQUIRED BY APPLICABLE LAW.

This reservation includes, without limitation:

These Terms of Service.
Shipping Policy.
Return & Refund Policy.
Privacy Policy.
Product prices and retail pricing structures.
Shipping and handling charges.
Promotional offers and discount codes.
Product availability and inventory.
Fragrance formulations and product specifications.
Packaging, labels, and product presentation.
Product sizes and collections.
Website design, features, and functionality.
Customer service procedures.
Business operations and fulfillment procedures.
Other policies, procedures, and commercial practices.

XO Atelier may make changes at any time as business needs, operational requirements, legal requirements, or other circumstances warrant.

Unless otherwise stated or required by law, revised policies and terms become effective upon publication on our official website.

CUSTOMERS ARE RESPONSIBLE FOR REVIEWING THE MOST CURRENT VERSION OF OUR POLICIES AND TERMS BEFORE PLACING AN ORDER OR CONTINUING TO USE OUR WEBSITE.

We are not required to provide individual advance notification of every prospective pricing change, promotional change, policy revision, or website modification.

However:

Changes will not retroactively alter the agreed price or material terms of an already accepted order unless the customer agrees or applicable law permits otherwise.
Changes will not eliminate rights or remedies that have already accrued to a customer.
Mandatory legal requirements will continue to apply regardless of any revised policy.
Where a material change requires affirmative customer consent, we will obtain that consent before relying on the revised provision.
Changes to our Privacy Policy will be implemented and communicated in accordance with applicable privacy requirements.

Continued website use following publication of revisions constitutes acceptance of the applicable revised terms to the extent permitted by law.

26. GOVERNING LAW

These Terms shall be governed by and interpreted in accordance with the laws of the State of New Jersey and applicable federal laws of the United States, without regard to conflict-of-law principles.

Subject to applicable law, disputes arising from these Terms or transactions conducted through our website may be brought before courts of competent jurisdiction in New Jersey.

Nothing in this provision prevents customers from exercising consumer rights available under applicable law.

27. DISPUTE RESOLUTION

Customers are encouraged to contact XO Atelier directly to attempt to resolve questions or concerns relating to a transaction.

Communication should be directed to:

elijahagurto@xoatelier.us

Nothing in this section requires customers to waive their legal rights, prohibits them from contacting applicable regulatory agencies, or prevents them from pursuing remedies available under applicable law.

28. SEVERABILITY

If any provision of these Terms is found to be invalid, unlawful, or unenforceable, the remaining provisions shall remain effective to the extent they can operate independently and consistently with applicable law.

An invalid provision may be limited or modified to the minimum extent necessary to make it enforceable where legally permissible.

29. NO WAIVER

Our failure to enforce any provision of these Terms shall not constitute a waiver of our right to enforce that provision or any other provision in the future.

Any waiver must be made by an authorized representative of XO Atelier, subject to applicable law.

30. ASSIGNMENT

Customers may not assign or transfer their contractual rights or obligations under these Terms without our prior written consent, except where otherwise permitted by law.

XO Atelier may assign or transfer its rights and obligations in connection with a merger, restructuring, reorganization, sale, or transfer of business assets, subject to applicable law.

31. SURVIVAL

Provisions that by their nature are intended to continue after termination or discontinuation of website access shall survive, including provisions relating to intellectual property, accrued payment obligations, liability limitations, indemnification, dispute resolution, and governing law, to the extent legally enforceable.

32. ENTIRE AGREEMENT

These Terms, together with the applicable policies expressly incorporated herein, constitute the agreement governing your use of the XO Atelier website and transactions conducted through our official online store.

These documents include: