marketing material for essential oils distributors

Terms of Service

Terms of Service

Definition

Duty to Read

By bying any product on TheEssentialTools.Com, You accept that under this agreement, you have a duty to read this sales agreement, terms of service and disclosure policy, and have done so. Furthermore, you understand and accept that you are precluded from using lack of reading as a defense against all remedies contained herein.Before you agree to anything (including any part of the blog or purchasing products) you confirm that you have thoroughly read the Terms of Use of all the websites owned by The Essential Tools LLC, collectively as “Our SiTes”. By using Our Sites, by purchasing physical or electronic products or subscribing to any of our multiples newsletters, in any languages, especially in English and Spanish, you agree to be bound by the enclosed Terms of Use and Service. This is a legally binding agreement. If you do not agree with the Terms of Use and services, you should not use Our Sites, nor agree to receive our newsletters or our products.

Seller refers to the party to whom the order for purchase has been given.
Client refers to the person or organization placing the order.
Goods or services or Products or Material refer to the product for which the seller has placed an order with the client.

Application

The terms and conditions are valid for any goods or services provided by the Seller to the Client.

Pricing

The pricing, quantity of goods, and time of delivery mentioned in the articles are not binding on the Seller, but the Seller will make all efforts to fulfill the stated estimates.

Payment

All invoices of the Seller shall be paid by the Client at the date of invoice unless otherwise agreed in writing by the Seller. In the event of late payment, the Seller may charge interest on the amount outstanding before and after judgment. Alternatively, for invoices unpaid 30 days after the due date, the Seller may impose a surcharge equal to 2.5% of the outstanding amount.
If any amount of the invoice is disputed by the Client, the Client shall inform the Seller of the grounds for such dispute within seven days of delivery of the goods and shall pay to the Seller the value of the invoice less the disputed amount in accordance with these payment terms.
Where the Seller requires payment of a deposit, the Client acknowledges that the deposit is not returnable.
All fees are exclusive of value added taxes which will be added to invoices where appropriate.
All pricing included is exclusive of shipping and handling. Shipping will be added at the very end of the purchase and is based on the weight of the product, the size of the product. Handling is added at the very end of the purchase and is based on the amount of time due to the preparation of the shipping, including time to and from the post office.
The Seller reserves the right to increase a quoted fee in the event that the client requests a variation to the work agreed.

Delivery

Delivery by the Seller will be deemed to have taken place when the materials are confirmed being delivered by USPS or handed to the custody of the Client at his premises or to a deputed messenger or courier when posted. The Seller will be entitled to charge the Client for any expenses of delivery other than normal postage charges.
If an order is, at the Client’s request, sent electronically, the time recorded on the sending equipment shall be deemed the time of delivery, system delays notwithstanding. (nb – electronic dispatch can be provided only on request and at the Client’s risk. The Seller reserves the right to substitute conventional delivery methods without notice or penalty should electronic dispatch prove inconvenient.)

Returns and Refunds
There is NO RETURN AND NO REFUNDS for products under $11 (shipping excluded)
No exceptions.
There is no return and no refunds for bundles.
No exceptions.
Over $11 we offer returns ONLY under those circumstances:
– 15% restocking fee for returning the products
– You have to pay for the return shipping
– Products must be new and in their original seal
– You must have a return number before returning the product
– Please, email me with the subject “Return number request” at Xavier@saludesencial.org
We offer refunds under certain circumstances. Please, contact me at Xavier@saludesencial.org and explain why you should get a refund.

Cancellation

In view of the nature of the service, any order – once confirmed by the Company – is not cancellable. Cancellation of the Order by the Client will only be accepted on condition that any costs, charges and expenses already incurred, including any charges that will be levied by the list-owner on account of his expenses, work or cancellation conditions will be reimbursed to the Company forthwith.

Notice

All written notices to be served on or given to the client shall be sent or delivered to the client’s principle place of business and shall be treated as having been given upon receipt.

Loss or Damage to Goods

The Company will take all reasonable steps to ensure the protection from loss, damage or destruction of the services or materials it supplies to the Client (or which may be received from the Client).

Usage of Goods or Services

Unless agreed and indicated in writing by the Company, the Client (and their clients) is authorized to use the services and materials provided (i.e. the samples) only for the purpose of promoting the business of essential oils’ business client. The products and services cannot be used to promote any other company who distribute specific brands of essential oils and which do not belong to the customer. The products and services cannot be used to promote essential oils as therapeutic products. The products and service sold by the company do NOT infer that essential oils can cure diseases. The Client shall not otherwise be entitled to store, duplicate, post on any social media or blog or advertize the use of the products and services. The Client shall bear full responsibility for ensuring that all usage of information contained within any product is in accordance with and does not contravene any Data Protection or other laws, regulations or other trade customs and practices, including the FDA directives. The Company bears no liability for any omissions or faults in these respects.

Confidentiality

Both parties shall maintain strict confidence and shall not disclose to any third party any information or material relating to the other or the other’s business which comes into that party’s possession and shall not use such information and material. This provision shall not, however, apply to information or material that is or becomes public knowledge other than by breach by a party of this clause.

Employment of Personnel

Subject to the prior written consent of the Company the Client shall not induce to employ, whether as an employee, agent, partner or consultant, any employee of the Company directly associated with delivery of the Goods.

Warranty

The Company warrants that it has the right to provide the Goods but otherwise the Goods are provided on an “as-is” basis without warranty of any kind, express or implied, oral or written including, without limitation, the implied conditions of merchantable quality, fitness for purpose and description, all of which are specifically and unreservedly excluded. In particular, but without limitation, no warranty is given that the Goods are suitable for the purposes intended by the Client.
The Company warrants that the Goods will be supplied using reasonable care and skill. The Company does not warrant that the Goods supplied are error-free, accurate or complete.
The customer confirms that before any purchase he has reviewed the products and materials and fully agrees with the content.
Both parties warrant that they are registered under the Data Protection Act in respect of the collection, processing and use of the Goods. Each party will comply with the Act including but not limited to its obligations in respect of any personal data that it may supply to or receive from the other party.

Limitation of Liability

The Company shall not be liable for any claim arising out of the performance, non-performance, delay in delivery of or defect in the Goods nor for any special, indirect, economic or consequential loss or damage howsoever arising or howsoever caused (including loss of profit or loss of revenue) whether from negligence or otherwise in connection with the supply, functioning or use of the Goods. Any liability of the Company shall in any event be limited to the license fees paid by the Client in the year in which the event of default arises.
Nothing herein shall limit either party’s liability for death or personal injury arising from the proven negligence by itself or its employees or agents.
The Client shall fully indemnify the Company against any liability to third parties arising out of the Client’s use of the Goods.

Before you agree to anything you confirm that you have thoroughly read the Terms of Use of all the websites owned by The Essential Tools LLC, collectively as “Our SiTes”. By using Our Sites or subscribing to any of our multiples newsletters, in any languages, especially in English and Spanish, you agree to be bound by the Terms of Use. This is a legally binding agreement. If you do not agree with the Terms of Use, you should not use Our Sites, nor agree to receive our newsletters.

We agree to provide you access to Our Sites in accordance with the Terms of Use.

You agree to use Our Site in a manner consistent with any and all applicable rules and regulations.

You accept that Our Site is provided on an “as is, as available” basis.

ALL ARTICLES AND MATERIAL DISPLAYED BY US ON OUR SITES AND NEWSLETTERS AND SERVICES ARE FOR INFORMATION ONLY AND ARE NO SUBSTITUTE FOR SPECIFIC ADVICE.

YOUR ACCESS TO AND USE OF OUR SITES MAY BE TERMINATED AT ANY TIME FOR ANY REASON OR FOR NO REASON BY YOU OR BY US BY THE SENDING OF NOTICE TO THE OTHER PARTY.

WE WILL; FOR MARKETING PURPOSES; COLLECT, PROCESS AND TRANSMIT DATA OBTAINED FROM AND ABOUT YOU IN THE COURSE OF YOUR ACCESSING OUR SITE.

After purchasing any of our digital materials, you are authorized to download only one copy of the material on Our Sites on your device for your personal, non-commercial use only but you may not in so doing remove or amend any trademark, copyright or other proprietary notice.

Subject to the above, you may not modify, copy, distribute, republish or upload any of the material on our Site without our prior consent in writing. No intellectual property or other rights shall be transferred to you.

To the extent that portions of our Site (such as “chat rooms” or “bulletin boards”) provide users an opportunity to post and exchange information, ideas and opinions (“Postings”), BE ADVISED THAT WE DO NOT SCREEN, EDIT, OR REVIEW POSTINGS PRIOR TO THEIR APPEARANCE ON THIS WEB SITE, and Postings do not necessarily reflect our views. To the fullest extent permitted by applicable laws, we exclude all responsibility and liability for the Postings or for any losses or expenses resulting from their use and/or appearance on our Site.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, WE ON BEHALF OF OUR EMPLOYEES, AGENTS, SUPPLIERS, AND CONTRACTORS EXCLUDE LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS OUR SITE OR ANY WEB SITE WITH WHICH IT IS LINKED. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY.

We reserve the right to monitor all materials posted on this bulletin board (“Postings”) and to remove any which we consider in our absolute discretion to be offensive or otherwise in breach of these Terms of Use.

You hereby represent and warrant that you have all necessary rights in and to all Postings you provide and all material they contain and that such Postings shall not infringe any proprietary or other rights of third parties.

Where we provide hypertext links to other sites we do so for information purposes only, and such links are not endorsements by us of any products or services in such sites and we accept no liability nor make any endorsement or approval of the same.

The Terms of Use contain the entire understanding between us with respect of Our Sites and no representation, statement, inducement oral or written, not contained herein shall bind either of us.

Should any part of the Terms of Use be declared invalid or unenforceable by a court of competent jurisdiction, this shall not affect the validity of any remaining portion and such remaining portion shall remain in full force and effect as if the invalid portion of the Terms of Use had been eliminated.

To the extent you have in any manner violated or threatened to violate The Essential Tools and/or its affiliates’ intellectual property rights,The Essential Tools and/or its affiliates may seek injunctive or other appropriate relief in court, and you consent to exclusive jurisdiction and venue in such courts.

Website Content
Attempting to copy, duplicate, reproduce, sell, trade, or resell any part of theessentialtools.com is strictly prohibited.

We do not assume any liability for any content posted by you or any other third party users of our website. However, any content posted by you using any open communication tools on our website, provided that it doesn’t violate or infringe on any third party copyrights or trademarks, becomes the property of theessentialtools.com, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. We reserve theright to remove from our website any content that is offending, inappropriate, inaccurate or infringing without notification. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use our website. All information provided as part of our registration process is covered by our Privacy Policy.

Copyrights/Trademarks
All content and materials available on theessentialtools.com, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of theessentialtools.com, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by theessentialtools.com.

 

Claims
The Client shall use the following email when making a claim: xavier@saludesencial.org.

Xavier Lannes
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