|
Terms and Conditions
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS WEB SITE OR PURCHASING ANY PRODUCT FROM "AROMAS for Living".
This Agreement (the "Agreement") is made between "AROMAS for Living" ("we" or "us") and you. This Agreement sets forth the legal terms and conditions for your use of this web site and for your purchase and/or use of any "AROMAS for Living" goods or services.
Your use of AROMAS for Living web site, including all web pages (collectively, the "Site") and all information, data, text, software, information, images, sounds or other materials (collectively, the "Content") contained therein, or your use or purchase of any products confirms your acceptance of this Agreement and is subject to your continued compliance with the terms and conditions of this Agreement.
If you are dissatisfied with the Site or our offerings, your sole and exclusive remedy is to stop using the Site, except as otherwise expressly stated in this Agreement (see "Return Policy").
Modifications
We reserve the right at any time to:
• Change the terms and conditions of this Agreement;
• Enhance, add to, modify or discontinue the Site or other Offerings, or any portion of the Site, at any time in our sole discretion.
Any changes to this Agreement will be effective immediately upon posting to the Site. Your use of the Site after such change will be deemed acceptance of such changes. Be sure to review this Agreement periodically to ensure familiarity with its most current version.
The Site, in whole or in part, may be enhanced, modified or discontinued at our sole discretion. Any enhancements, additions or modifications to the Site will be subject to this Agreement.
Eligibility
You represent and warrant that you are at least 18 years old.
Your Payment of the Order
On the Site we accept American Express, Discover, MasterCard and VISA. In certain instances a credit authorization form will need to be completed with a copy of the cardholders’ driver's license (front and back). In addition, we accept direct debit to your bank account.
For wholesale customers, money orders, cashiers checks and personal checks are accepted. Check transactions will be shipped after the check has cleared, which can sometimes take up to two weeks.
Checks should be made to:
AROMAS for Living,
13545 Nightsky Dr.,
Santa Rosa Valley, CA 93012.
Electronic transfer payment should be made to:
AROMAS for Living
Acct # 329-1481707
Routing # 121042882
Wells Fargo Bank, 140 E. Thousand Oaks Blvd, Ca 91360, USA
Delivery of Your Products
Our standard delivery method is UPS ground and/or USPS, with an expected delivery time of 1 to 6 business days. Rush or next day delivery is available for an extra charge.
For export orders other freight carriers may be used in order to secure the lowest freight rate for you. You are responsible for importation, any associated duties, and other importation costs.
Product Availability
We can not guarantee that a product listed is available to ship right away as inventory can change significantly from day to day. However, if an item is “out of stock” when you place the order, your order will be shipped without the “out of stock” item and you will not be charged for such item. When the item becomes available we may try to notify you by e-mail for you to place an order again.
Order Cancellations
Once an order has been placed and payment received, it can not be cancelled.
Return Policy
We are confident that you will find our products satisfactory in every way. At "AROMAS for Living" we are committed to providing you with the best natural and environmental products available. Our products are 100% satisfaction guaranteed for 14 days from the date you receive the product by refund or exchange. All items must be returned in saleable condition and in original packaging. All items returned will be refunded the original purchase price less freight.
If you receive damaged products or defective items, we will send you a replacement or issue you a refund after you have returned the damaged or defective product. You will not be charged for any additional shipping for replacement of such damaged or defective shipments.
Please e-mail us at returns@AromasforLiving.com or call us at (800) 936-4195 before returning or exchanging a product so we can issue you a Return Merchandise Authorization. This insures that your return is processed accurately and that your refund or exchange item is processed quickly. We recommend that you ship items with a delivery confirmation to make sure your package arrive as scheduled.
Your Information and Your Privacy
If you provide information to the Site, you agree to provide accurate, current and complete information about you where requested and you agree to maintain and update such information as appropriate. Pursuant to our privacy policy, we may disclose any information about you that we collect through the Site or otherwise to third parties. We do not sell or share your personal information to third parties or affiliates for their use in marketing to you unless you agree to this in advance. For more information, please see our full privacy policy. Any changes to the Privacy Policy will be effective immediately upon posting to the Site. Your use of the Site after such change it will be deemed acceptance of such changes. Be sure to review the privacy policy periodically to ensure your familiarity with its most current version.
User Conduct
You are responsible for any and all Content that you send to us.
You may not use the Site or any information that you get from the Site to:
• interfere with any other user’s use of the Site;
• conduct any unlawful activity;
• intentionally solicit or harm minors in any way;
misrepresent your own identity or any affiliation that you may have;
misrepresent your own identity or any affiliation that you may have;
• modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site;
• alter or remove any copyright, trademark or other proprietary rights notices;
• “frame”, “mirror” or “deep link” any part of the Site or other offerings without our prior written authorization.
Use of e-mail Addresses Provided by the Site
When using any e-mail address provided to you on or through the Site, you agree not to transmit to any person or entity:
• any Content that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, vulgar, obscene, harmful, harassing, tortuous, invasive of anothers privacy, hateful, or is racially, ethnically, or otherwise objectionable, or is subject to an agreement of confidentiality, or infringes upon our or any third party's intellectual property or other rights;
• any computer code, files or programs (for example, a computer virus) designed to interrupt, destroy, compromise the security of or limit the functionality of any device.
• spamming is strictly prohibited. Spam is defined for this purpose as sending an unsolicited message to any persons, entities, newsgroups, forums, e-mail lists or other groups or lists unless prior authorization has been obtained from the e-mail recipient who explicitly permits sending e-mail communication to them, or unless a business or personal relationship has already been established with the e-mail recipient.
• the use of false headers in e-mails or falsifying, forging, or altering the origin of any e-mail in connection with AROMAS for Living and/or its products and services is prohibited.
Our Proprietary Rights
The Site contains information that is protected by copyrights, trademarks, trade secret laws, service marks, patents and/or other proprietary rights and laws (collectively, “Intellectual Property Laws”). In addition, the Content contained within the Site, in information presented to you through the Site is protected by Intellectual Property Laws. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Site, in whole or in part, unless authorized by us, in writing, to do so.
Ownership and Restrictions On Use
AROMAS for Living owns and operates the Site in conjunction with others pursuant to contractual arrangements. You may not copy, reproduce, republish, upload, post, transmit or distribute materials from the Site in any way without our prior written permission. You may not modify any materials contained within the Site nor use any materials for any other purpose. You acknowledge that you do not acquire any ownership rights in any intellectual property through your use of the Site.
We grant you a limited, non-exclusive, non-transferable, non-assignable license to use the Content on the Site solely for the purpose of viewing the Site in the course of using the Internet. Subject to the foregoing license, you may not make a temporary or permanent copy of the Site or any Content, on any media or for any purpose whatsoever. We do not transfer the title to any Content to you. We retain all right, title and interest in all Content. You may not sell, resell, decompile, reverse engineer, disassemble or otherwise translate any of the software portions of the Site to a human-readable form. You may not transfer any portion of the Site to any third party.
AROMAS for Living, our logo, and the name of the products produced, marketed, sold, or distributed by us, are trademarks and/or service marks of AROMAS for Living.
Links
We may provide links to third party web sites or resources. Our provision of such links is not an endorsement of any information, product or service reached through such link. Since we do not have any control over third party web sites or resources, we cannot be held responsible or liable for any Content, or for your reliance on any Content, found on such third party web sites or resources.
Errors
Although we attempt to maintain the integrity of the Site, we make no guarantee as to the accuracy or completeness of the Site. If you believe that you have discovered an error in the Site or other Offerings, please contact us at info@AromasforLiving.com and include, if possible, a description of the error, its URL location and your contact information. We will make reasonable efforts to address your concerns.
Disclaimer of Warranties; Limitation of Liability
By using the Site or other Offerings, you expressly agree that:
• The Site are provided on an “as is” and “as available” basis. We disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement, except as expressly noted in the section of this Agreement entitled Return Policy.
• We do not make any warranty that (i) the Site will meet your requirements; (ii) the Site will be uninterrupted, timely, secure or error-free; (iii) the results that may be obtained from the use of the Site will be accurate or reliable; or (iv) any errors in the Site will be corrected.
• Your use of the Site is at your sole risk. Advice, statements or opinions should not be relied upon when making important personal, medical, legal or financial decisions. You should consult a professional to obtain specific advice appropriate to your circumstances. You are solely responsible for any damage to you or to any third party caused, directly or indirectly, by any material that you download or obtain through the Site. We may not be held liable for any damages or harm attributable to viruses or other destructive materials.
You agree not to hold us liable for any direct, indirect, incidental, special, consequential or exemplary damages (including, for example, damages for loss of profits, loss of goodwill, and loss of data), even if we have been advised that such losses may occur, which result from:
• your use or inability to use the Site;
• unauthorized access to or alteration of your transmissions or data; or
• the acts of any third party related to the Site.
You hereby waive any claims with respect thereto, whether based on contractual,tort, or other grounds, even if we have been advised of the possibility of such damages. Depending on the applicable jurisdiction, some of the limitations contained in this Section may not apply to you.
Indemnification
You agree to indemnify, defend and hold us harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), or other expenses that arise directly or indirectly out of or in any way related to:
• your acts or omissions in connection with the Site;
• the acts or omissions of any person in connection with the Site or other Offerings using your account;
• your purchase or use of the Site or other Offerings and the purchase or use of the Site or other Offerings by any person using your account;
• breach of any provision of this Agreement;
• any allegation that any materials submitted to us, transmitted to us or through the Site or other Offerings infringe or otherwise violate the copyright, trademark, trade secret, or other intellectual property or other rights of any third party; and/or
• violation of the rights of any party, including without limitation any claims of libel, defamation, violation of rights of publicity, trespass, and infringement of intellectual property or other proprietary rights.
If we make a claim for indemnification, you agree to seek and receive written permission from us before agreeing to settle any claim or action.
Termination; Modification
At any time and for any reason, we may terminate your use of and access to the Site. At any time and for any reason, we may modify or discontinue providing the Site, or any part thereof, with or without notice to you. No notice is required to affect any termination right of any party. You shall not hold us responsible or liable for any direct, indirect, incidental, special, consequential, or exemplary damages due to our modification or discontinuation of the Site or our termination of your access to the Site.
United States Law
If you choose to access the Site from locations outside of the United States, you are responsible for compliance with local laws if, and to the extent that, such local laws are applicable.
We reserve the right, in our sole discretion, to limit the availability of the Site to any person, geographic area, or jurisdiction at any time.
Miscellaneous
The laws of the State of California apply to this Agreement (without regard to California’s conflict of law principles). Any dispute between you and us must be brought before state or federal courts located in Ventura or Los Angeles counties, California. If a court finds a portion of this Agreement unenforceable, the rest of this Agreement will continue to apply. This is the entire Agreement between you and us relating to the Site and this Agreement replaces all prior written or oral agreements that may have existed between us. You cannot transfer your rights or obligations under this Agreement to anyone without our written permission. Our failure to enforce any provision of this Agreement does not waive our right to enforce the same provision in the future. The headings contained in this Agreement are for informational purposes only, but are not themselves enforceable provisions of this Agreement.
Last Revised on March 6, 2006
|
