1. User Accounts; GreenEssenceLiving.com Use.
1.1. Accounts and Account Registration.
1.1.1. In order to place an order on GreenEssenceLiving.com, you will have the options to do the following prior to ordering products and/or services:
1. Check out as a guest.
2. Register an account.
For item 1 above, checkout as a guest, you’re not required to register an account prior to ordering products, but only to enter billing information as to where to ship your ordered products and/or services. In order to do item 2 as mentioned above, you may be required to set up an account ("Account") and provide certain information, such as choosing a user name and password, providing payment and other account information ("Account Information"). You agree and represent that all Account Information provided by you is accurate and up-to-date. If your Account Information changes, it’s highly recommended that you update it by using the appropriate update mechanism on GreenEssenceLiving.com.
1.1.2. You are solely responsible for all fees and payments incurred using your Account, regardless of whether the fees were actually incurred by you. If you have reason to believe that your Account is no longer secure, you must promptly change the affected Account Information by logging in to your account and changing your user name and password, or by contacting GreenEssenceLiving.com at email@example.com.
1.2. User's Actions. You agree to use GreenEssenceLiving.com in a lawful, non-commercial, and appropriate manner. You agree to comply with the Terms and any rules related to GreenEssenceLiving.com or other restrictions detailed herein. You agree that you will not: (i) violate the rights of others, including any intellectual property rights; (ii) use any technique or device to bypass, disable, or circumvent the content protection or access control mechanism on GreenEssenceLiving.com; (iii) interfere with others use of GreenEssenceLiving.com; (iv) introducing any virus, or any other computer code, programs, or files which disrupts, interrupts, destroys or limits the function of GreenEssenceLiving.com; (v) encourage or engage in any conduct that would constitute a criminal offense or give rise to civil liability; (vi) copy, create any derivative works or otherwise violate the copyrights of GreenEssenceLiving.com or of third parties, or (viii) violate or breach these Terms.
1.3. Security. When you create an Account or if you are asked to enter sensitive information (such as your credit card number), that information is encrypted and is protected with industry standard encryption 128bit SSL. Although GreenEssenceLiving.com has taken reasonable precautions to prevent the unauthorized access and alterations of GreenEssenceLiving.com, no system on the Internet is completely secure. GreenEssenceLiving.com has no responsibility for any computer viruses and destructive programs that may be inadvertently downloaded from, or purposely inserted on to GreenEssenceLiving.com. We collect and store information when you: (1) Register on our website; (2) Place an order; (3) Sign up for our newsletter; (4) Contact us; (5) Participate in promotions or surveys. Information may be used in conjunction with information received from other resources, such as address update services. For future transactions, you may select to use Guest Checkout where you’re not required to create an account with a username and password prior to the purchase of products on GreenEssenceLiving.com. If you select to register, then your personal information would have to be reentered.
1.4. Monitoring and Violations. GreenEssenceLiving.com is not responsible for monitoring your use of GreenEssenceLiving.com. However, if we discover that you are accessing GreenEssenceLiving.com in violation of the rules, we may take immediate action to terminate your access to GreenEssenceLiving.com.
1.5. Children. GreenEssenceLiving.com does not sell products for purchase by children. If you are under 18, you are prohibited from using GreenEssenceLiving.com. Although GreenEssenceLiving.com does not monitor your use, if we discover that you are below the age of eighteen (18), we reserve the right to ban any you from accessing GreenEssenceLiving.com and to remove any Accounts created by such persons.
2. Purchases; Shipping; Returns and Refunds.
2.1. Purchases. GreenEssenceLiving.com may charge you fees for goods and services offered for sale on or through GreenEssenceLiving.com with the prices stated on GreenEssenceLiving.com as the final price for any product. You agree to pay all fees and charges, including applicable taxes, surcharges, restocking or cancellation fees incurred through your activity on or through GreenEssenceLiving.com, and/or through your Account at the prices listed on GreenEssenceLiving.com and all taxes imposed by any governmental authority. Unless otherwise specified on GreenEssenceLiving.com, all prices will be quoted and charged in U.S. Dollars and prices stated on GreenEssenceLiving.com are final and binding regardless of any other pricing or data source. We reserve the right to change the amount of or the basis for determining any prices and to institute new fees and costs effective upon publication of such revised pricing policies on GreenEssenceLiving.com.
2.2. Stock Status. GreenEssenceLiving.com will attempt to timely update the status flags showing whether an item becomes unavailable or is discontinued. However, we cannot guarantee that the goods and services advertised on GreenEssenceLiving.com will be available when ordered and/or time of purchased. Where an item is out of stock GreenEssenceLiving.com we will notify you and cancel the order. When the item becomes available it will be your responsibility to replace the order at your convenience. For orders with more than one item, any in stock items will be shipped, you will be notified, and the out of stock items will be canceled. Any payments made for out of stock items will be will be credited. GreenEssenceLiving.com is not responsible for order delays caused by out of stock items.
2.3. Misprints, Abuse. GreenEssenceLiving.com does not warrant that GreenEssenceLiving.com, including without limitation product descriptions, photographs of products, and prices are accurate, complete, reliable, current or error-free; and we reserve the right to cancel, to terminate or not to process orders (including accepted orders) where the price or other material information on this site is inaccurate or when we recognize abuse of our policies.
2.4. Warehouses. All orders will be shipped by GreenEssenceLiving.com from one of its warehouse locations and/or partner’s warehouse locations. The selection of the warehouse is at GreenEssenceLiving.com's sole election although efforts will be made to use the closest possible warehouse to the delivery address subject to stock availability. GreenEssenceLiving.com may use USPS, FedEx, or UPS for shipping with such determination at GreenEssenceLiving.com's election. Please contact GreenEssenceLiving.com directly for more details on product shipping via firstname.lastname@example.org.
2.5. Summer Shipping Policy.
2.5.1. GreenEssenceLiving.com will make a “best effort” attempt to remove heat sensitive items from their product range and online store (s) from June to late September to avoid heat related product issues during transport. Customers are advised to review any order for product items that may be sensitive to melting or tainting due to summer heat prior to order finalization. Customers placing orders are liable for any product damage that may occur due to heat damage. By placing an order for heat sensitive items, customer expressly acknowledges that GreenEssenceLiving.com cannot guarantee the quality of any heat sensitive product requested to be shipped and that any extra shipping charges or replacement product costs will be at the sole expense of the customer placing the order.
2.5.2. Note that customers do have the option to add Summer Foil Wrap to product orders which may be heat sensitive. Wrap must be ordered at time of placing the order. Customer acknowledges that foil wrap will assist in protecting food items shipped but will not in any way fully protect the item and hence customer remains responsible for any product replacement costs for heat damage regardless of whether or not foil wrap was used.
2.6. Product Returns & Cancelled Orders.
2.6.1. Non-Perishable Items. GreenEssenceLiving.com accepts the return of non-perishable product within the first thirty (30) days of the date the order was placed unless the manufacturer's warranty extends to 60 days and only if the product is unopened and unused. A refund will be provided upon GreenEssenceLiving.com's physical receipt and inspection of the returned product minus shipping costs. Please note that shipping charges are not refundable unless GreenEssenceLiving.com is found to have shipped the incorrect, or an expired item. All product returns are to be coordinated with GreenEssenceLiving.com via email@example.com prior to any and/or all shipments without exception.
2.6.2. Perishable Items. Food and other perishable items are not returnable and non-refundable unless the items arrive damaged by the shipping courier, have an expiration date of less than two weeks, or the incorrect item was shipped. If a product meets any of these criteria upon purchase, it can be returned for a full refund. Please contact our customer services at firstname.lastname@example.org for return instructions.
2.6.3. Cancelled Orders. Where an order is placed and then cancelled any time after 12 noon EST the following day of order placement then GreenEssenceLiving.com may charge an order cancellation fee equal to 10% of the total product price. Where an item has already been shipped and is then cancelled then GreenEssenceLiving.com will levy a 10% cancellation fee plus all shipping costs incurred by GreenEssenceLiving.com in shipping and then returning the item to its warehouse or partner’s warehouse.
2.6.4. Gift Certificates. All Gift Certificates sales are final and non-refundable. At the time of purchase, all customers must check off on a box signifying their agreement/understanding with these terms that the purchased Gift Certificates are nonrefundable. In accordance with these terms the customers furthermore agrees to forfeit any and all legal rights to a refund of any kind and/or transfer funds of any and all media and/or electronics transfer of any kind. The customers also agree in these events that they will hold Green Essence Living harmless and forfeit any and all legal actions against the subject company.
3. Retail Pricing. GreenEssenceLiving.com will apply a minimum discount offering of 5% not to exceed 50% of the retail pricing stated on any and/or all product unless the product/products have been marked down and accompanied with a discount offer as well.
4. GreenEssenceLiving.com's Intellectual Property.
4.1. General Limited License. GreenEssenceLiving.com grants you a non-exclusive, right to use GreenEssenceLiving.com and to purchase our goods and services. Your use of the GreenEssenceLiving.com is strictly limited to such uses in and only in full compliance with these Terms.
4.2.Copyrights. All content on GreenEssenceLiving.com, including images of products and product descriptions are the copyright of GreenEssenceLiving.com and/or one of our partners, have been properly licensed from their respective copyright owners for use on GreenEssenceLiving.com, or is otherwise allowed for use on GreenEssenceLiving.com by law. Except for ordinary access of GreenEssenceLiving.com in accord with these Terms, you are hereby prohibited from copying or extracting such images for any purpose, or linking to these images on any third party website unless you receive express written consent from GreenEssenceLiving.com.
5. Links with Third Party Sites. Creating or maintaining any link from another website to any page on GreenEssenceLiving.com without GreenEssenceLiving.com’s prior written permission is prohibited. GreenEssenceLiving.com may contain hyperlinks to websites operated by parties other than GreenEssenceLiving.com. Such hyperlinks are provided for reference only. If you use these links, you will leave this GreenEssenceLiving.com. We cannot and do not endorse, guarantee or make any representations or warranties regarding any other websites, or content, materials or other information that may be accessible from any other website. If you decide to access any other website linked to or from GreenEssenceLiving.com, you do so entirely at your own risk.
6. DISCLAIMER OF WARRANTIES. YOUR USE OF GREENESSENCELIVING.COM AND YOUR PURCHASE OF GOODS AND SERVICES FROM GREENESSENCELIVING.COM IS AT YOUR OWN RISK, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. GREENESSENCELIVING.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND IN CONNECTION WITH GREENESSENCELIVING.COM OR TO THE GOODS AND SERVICES OFFERED THEREIN. WE PROVIDE GREENESSENCELIVING.COM, AND ANY GOODS AND SERVICES OFFERED ON OR THROUGH THE SITE "AS IS." GREENESSENCELIVING.COM EXPRESSLY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO THE ACCURACY, COMPLETENESS, IMPLIED WARRANTIES OF MERCHANTABILITY, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF ANY CONTENT OFFERED ON OR THROUGH THE SITE. THE FOREGOING EXCLUSION OF WARRANTIES DOES NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
7. LIMITATIONS OF LIABILITY. GREENESSENCELIVING.COM, ITS DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, SUCCESSORS AND ASSIGNS WILL NOT BE LIABLE FOR ANY DAMAGES TO YOU OR ANYONE ELSE FOR ANY LIABILITY, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR LOSS OF OR DAMAGE TO PROPERTY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF GREENESSENCELIVING.COM, ANY WEB SITES LINKED TO THIS SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEB SITES, AS WELL AS ANY GOODS AND SERVICES PURCHASED ON GREENESSENCELIVING.COM, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
8. LIMITATION OF REMEDIES. IN THE EVENT OF ANY PROBLEM WITH GREENESSENCELIVING.COM OR ANY PRODUCT ORDERED OR SHIPPED AS A RESULT OF AN ORDER ON GREENESSENCELIVING.COM, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING GREENESSENCELIVING.COM AND TO REQUEST A REFUND FOR THE GOODS AND SERVICES PURCHASED. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH GREENESSENCELIVING.COM, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON GREENESSENCELIVING.COM.
9. Indemnification. You agree to indemnify and hold GreenEssenceLiving.com and its parents, affiliates, and subsidiaries, officers, directors, employees, successors and assigns, harmless from any claim, loss or demand, including reasonable attorneys' fees, made by any person due to or arising out of your use of GreenEssenceLiving.com, your connection to GreenEssenceLiving.com, your violation of these Terms, or your violation of any rights of another party, or in relation to any products ordered from and shipped by GreenEssenceLiving.com on your behalf. This indemnity survives termination of these Terms.
10. Applicable Law, Venue, Limitation of Actions. GreenEssenceLiving.com is operated by a U.S. entity and is governed by the laws of the Maryland State in the United States. The laws of your jurisdiction may be more or less restrictive than the laws that apply to GreenEssenceLiving.com. Any dispute between GreenEssenceLiving.com and you shall be subject to the laws of the state of Maryland, and you hereby consent to jurisdiction and venue within Frederick County, Maryland. All disputes adjudged by courts located in Frederick County, Maryland. If you access GreenEssenceLiving.com outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction and at your own costs.
11. Opting Out to E-mail Communications. For customers who wish to opt-out and stop receiving GreenEssenceLiving.com's special offers and related news, we provide several ways to do so. If you no longer wish to receive our newsletter or promotional materials may opt-out of receiving these communications by logging on to their Account and un-checking the "newsletter" field. They may also send e-mails to email@example.com with a request to be removed. Finally, they may use the link provided in all GreenEssenceLiving.com communications to automatically unsubscribe.
12. Amendment of Site Terms. GreenEssenceLiving.com reserves the right to update our Terms and Conditions at any time and at our sole election. Any update is binding on you and on all users of the GreenEssenceLiving.com. Notices of the updates to the Terms and Conditions will be posted on the GreenEssenceLiving.com and you may request to be notified of any changes to these Terms and Conditions by election the option by contacting GreenEssenceLiving.com at firstname.lastname@example.org.
13. Questions or Concerns. If you have any questions or concerns, please feel free to contact us via e-mail at email@example.com.