Terms & Conditions
These Terms and Conditions of Use (“Terms & Conditions”) are a binding agreement between you, who accepts these Terms & Conditions (“Customer”, “You” or “Your”), and FJL Perfumery Services Ltda., d.b.a. Creative Formulas (“FJL”, “We”, “Our” or “Us”). These Terms & Conditions govern your use of our website www.creativeformulas.com and any mobile applications related thereto (the “Platform”) as well as the purchase of our Formulas. The “Formulas” mean the digital fragrance formulations, bases, accords and replacers created by our perfume makers that you may order on our Platform.
When accessing the Platform, registering for use of the Platform and/or purchasing the Formulas you agree to be bound by these Terms & Conditions and undertake to respect all rules of use and acceptable behaviors described herein and in the the Privacy Policy. If you do not agree to these Terms & Conditions, you should exit the Platform (and uninstall our mobile application, if applicable) and refrain from any further use of it.
Only adults are legally entitled to perform all acts of civil life. Therefore, you are not allowed to access and use the Platform or purchase the Formulas, where it can lawfully be done, and to the full extent that the law allows, unless (i) you are either at least eighteen (18) years old or has legal capacity, in accordance with the applicable laws of your domicile or country from which you access the Platform; (ii) you are duly assisted or represented by your parents or guardians; or (iii) you are otherwise legally entitled to bind to these Terms & Conditions. if you do not meet any of these conditions, you are not allowed to access and use the Platform and/or purchase the Formulas. In such case you must refrain from accessing or using, in any manner, the Platform or purchasing the Formulas.
We recommend that you check these Terms periodically, always observing the update date indicated at the beginning of the document.
Capitalized terms used in these Terms & Conditions are defined in the body or in the end of this instrument.
Who we are
Creative Formulas was founded in 2020 by Mr. Filipe José Leira, an independent highly skilled perfumer who creates perfume formulas through chemical analysis, olfactive knowledge and research, with an excellent source for understanding how successful perfumes and their notes are constructed.
When you access the Platform you may select the Formulas based on its fragrance and notes descriptions. After you register on our Platform, place your order, and provide the required payment information, we will send you a PDF file by e-mail describing the Formulas you have purchased after your payment is processed (or approved by the financial instituition).
The Formulas are not made available to the public in general. They are our trade secret, which are disclosed strictly to clients who agree are bound by these Terms & Conditions and to pay the corresponding amount as a compensation to Mr. Leira’s efforts and know-how developed over time.
Payments
Payments are made electronically, through the PayPal and Stripe (world) and Pix (Brazil) platforms. Accepted payment methods may vary depending on the payment platforms applicable in your country, but the usually accepted standard is credit card.
All payments are made in BRL – Brazilian Real, according to the exchange rate applicable in your country. For your convenience, our Platform has a currency conversion tool, but the data presented are mere estimates, and final payments are always in BRL – Brazilian Real.
Refund Policy
Considering the intangible nature of the information contained in the PDFs sent with the descriptions in the Formulas, our refund policy will apply if you have not downloaded the file containing the Formula.
If you are eligible for a refund, please send your request via email.
Registration
You will be required to create a password that will enable you to use the Platform and purchase the Formulas. When you choose a password, you must choose a unique combination of upper and lower case letters, numbers and special characters. Your password should be unrelated to your or someone else’s identity or to any information that is publicly available or that may be needed by us to provide the Formulas to you. You should not use any password that has been compromised or which you are currently using for other services or networks. If you share your password with others or allow others to access the Platform using your email address and password, you have no expectation of privacy or confidentiality in the Personal Data you may intentionally or unintentionally disclose. Therefore, you must keep your password confidential, personal and untransferable. You agree to notify Us immediately of any unauthorized use of your account or password, or any other breach of security. To contact Creative Formulas, please use the contact information in the following link: Contact Us.
Your account must be accurate and current, and all information you provide must also be accurate and current. Further, you must obtain and maintain any required consents and/or authorizations necessary to permit the processing of Personal Information hereunder and under the Privacy Policy.
We don’t sell fragrances, raw materials or samples! We only supply digital formulations.
1) Personal and Commercial Use:
The Formulas are provided solely for personal use and commercial production of new fragrances (eau de toillete, eau de parfum or parfums) based on the Formulas. You are authorized to download, store, and use these Formulas for the creation of fragrances for your personal studies or fragrance business. The commercial exploitation of the Formulas is not allowed, only the commercial exploitation of the fragrances created using the Formulas.
2) Distribution Restrictions:
It is strictly prohibited to distribute, share, resell, make available for download, or otherwise commercialize the Formulas obtained from our Platform. This includes, but is not limited to, social media, websites, blogs, forums, mobile apps, sharing platforms, and any other digital or physical means.
3) Intellectual Property:
The Formulas, trademarks, trade dress, trade name, the Platform and all other content on the Platform, such as the photographs, and embedded in the materials provided to you are protected by copyright and other intellectual property laws. You acknowledge and agree that all information contained in the files describing the Formulas we send you via e-mail when you order the Formulas, including ingredients and proportions and all intellectual property rights on the Platform are exclusive property of Creative Formulas, its affiliates, licensors or service providers, as applicable.
You may not copy, license, transmit, display, copy, reproduce, publish, adapt, create derivative works from (which are not the fragrances you create based on the Formulas), transfer, distribute, share, resell, make available for download, or otherwise commercialize the Formulas or any contents available on the Platform and embedded in the material we provide you by e-mail.
Except as expressly authorized by Creative Formulas, you will not use our trademarks, trade name or any of our distinctive signs, or imply our endorsement in any (i) advertising or presentation of the fragrances you create based on the Formulas, or (ii) your website, brochure, newsletter, book, or other written or digital material or works, without our prior written consent.
Our Formulas are not replicas of fragrances produced by third parties. We do not authorize or induce the use of third parties’ trademarks, service marks, trade names, photographs, designs, including any third parties’ drawings, photographs or representations of fragrances bottles, containers or wrappers.
4) Responsible Use:
By using our Formulas, you agree to act responsibly and ethically and do not copy, reproduce, or use the Formulas for any illegal, fraudulent, harmful, or deceptive purposes.
You agree that your use of the Formulas will at all times comply with the applicable laws and you will not:
a) employ fraudulent means to divert third parties’ clientele, for your own (or third parties’) benefit;
b) use someone else’s expression or advertising sign, or imitate them, in order to create confusion between products or establishments;
c) improperly use someone else’s commercial name, title of establishment or emblem or sell, display or offer for sale or has in stock a product with these references;
d) sell, display or offer for sale, in a third-party bottle, container or wrapper, adulterated or counterfeit fragrances using the Formulas;
e) replace third parties’ trademark, trade name or another distinctive sign in fragrance bottles, containers or wrappers, by your own distinctive sign without the proper consent; or
f) disclose, exploit or use, without authorization, confidential knowledge, information or data of Creative Formulas or third parties.
5) Modifications and Updates:
We reserve the right to modify, update, suspend, or terminate the availability of the PDF files or the Formulas at any time, without prior notice.
6) Disclaimer of Liability:
The Formulas are provided “as is,” without warranties of any kind, whether express or implied. We are not liable for any direct, indirect, incidental, consequential, or special damages arising from the use of the Formulas.
We are not responsible for the quality of the fragrance you create using the Formulas, particularly if:
a) you do not strictly follow the descriptions of the Formulas we provide, including without limitation, using all or some of the ingredients incorrectly and/or with substitutions;
b) the ingredients described in the Formulas are mixed incorrectly or, for any reason, are not fresh, within the expiration date and suitable for use, in accordance with the manufacturers’ recommendations, if applicable;
c) the Formula ingredients are mixed incorrectly; or
d) the recommended maceration time is not respected.
References to “indirect, incidental, consequential, or special losses” means any losses which (i) were not reasonably foreseeable by both parties, and/or (ii) were known to you but not to us and/or (iii) were reasonably foreseeable by both parties but could have been prevented by you such as, for example (but without limitation), losses caused by viruses, a trojan horse, disabling code, malware or other malicious programs, or loss of or damage to your data or your failure to keep your password or account details secure.
You are solely and exclusively responsible for the use of the Formulas. You will comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the Formulas.
You are solely and exclusively responsible for for the use of the Formulas, including any illegal or fraudulent use of the Formulas, such as selling any fragrances you create directly or indirectly using the Formulas under third parties’ trademarks without the proper authorization. Creative Formulas is not responsible and will not be liable to you or any others for any loss or damage due to your unduse of the Formulas.
We will not be liable for:
(a) any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Linksys or another party due to someone else using your account or password as a result of your failing to keep your Account Information secure and confidential. You may not use anyone else’s account at any time without the permission of the account holder; and
(b) any loss or damage arising from your failure to comply with these obligations.
Suspension or Termination of Your Account
We have the right, in our sole discretion, to modify, suspend or discontinue your account at any time without our liability. In such cases and where we are able to do this, we will use reasonable efforts to give you prior notice of any suspension or discontinuation of your account.
You agree that we may suspend or terminate your account by written notice to you if (i) you have violated these Terms & Conditions (ii) your actions cause Creative Formulas to be in violation of any applicable agreement or policy; (iii) we are required to do so by any authority; (iv) we discontinue our business for any reason; (v) we reasonably anticipate the occurrence of technical issues or problems that may affect the operation of the Website, or unexpected technical issues or problems affecting the operation of our activities; or (vi) we have to investigate suspected misconduct. You agree that we will not be liable to you or to any third party for any suspension or termination of your account due to any of the circumstances specified above.
We may, upon such termination by written notice to you, deactivate or delete your account.
Applicable Law and Jurisdiction
To the extent permitted by the applicable laws, these Terms & Conditions will be interpreted exclusively in accordance with the laws of Brazil. The parties elect the Court of the District of São Paulo, State of São Paulo, as the sole competent court to resolve any dispute arising from these Terms & Conditions or the Privacy Policy.
Miscellaneous
These Terms & Conditions, including the documents referenced herein, are the entire agreement regarding your use of the Platform and the purchase of the Formulas and completely replace any prior agreements. We may assign or delegate its obligations under Terms & Conditions either in whole or in part, without your prior consent. You may not assign the obligations set out herein or in the Privacy Policy without our prior written consent.
Creative Formulas will not be responsible for failure of performance due to causes beyond its control such as acts of God, labor disputes, shortage of materials, acts of terrorism, or the stability or availability of the Internet or a portion of the Internet. The failure by either party to exercise or enforce any legal right or remedy hereunder shall not be deemed to be a waiver of such right or remedy.
If for any reason a provision of these Terms & Conditions is held invalid by a court or arbitrator of competent jurisdiction, the remaining provisions will continue to be valid and enforceable.
Updated in December 2023
