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Terms: The following Terms and Conditions (being referred to as both the "Terms and Conditions" and/or the "Agreement") apply to the EssentiallyYoursByNature.com website owned by Foster & Kelson, LLC (“we”, “us”, “our”) website and all other sites, mobile sites, services, applications, platforms, and tools where these Terms and Conditions appear or are linked (collectively, the "Site"). EssentiallyYoursByNature.com provides its services to you (the "Customer") subject to this Agreement. By accessing this Site, you are agreeing to be bound by these Terms and Conditions of Use, all applicable laws, and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this Site. The materials and contents contained in this Site are protected by applicable copyright and trademark law.
Changes to This Agreement: We reserve the right, at any time, to modify, change, add, or update these terms and conditions. We also reserve the right, at any time, to modify or update our Privacy Policy without notice. Customer confirms his or her acceptance of the modifications or updates by continuing to use the Site.
Age Requirement: The Site is intended for use by individuals 18 years of age or older. If you are under 18, you may use this Site only with involvement of a parent or guardian.
Your Account: You may be required to register with us to access certain areas of the Site. However, we may at any time refuse to grant to you the username you request for this Site as your username and password are for your personal use and you are responsible for maintaining the confidentiality of your account and password information. You are also responsible for restricting access to your computer and personal data you share with us. By using or accessing this Site, you agree to accept responsibility for all activities that occur under your account or password. In addition to this, we reserve the right, at our sole discretion, to terminate your account, refuse service to you, or cancel orders.
Disclaimer: All materials on this Site are provided "as is" and we make no warranties, claims, expressed, or implied for such information. Furthermore, we do not make any representations, claims, or warrants concerning the accuracy, likely results, or reliability of the use of the materials or information on this Site or on any website linked to this Site.
Use License: We do not grant permission to copy, print, modify, download, process, or transfer any content or materials on this Site for personal, commercial, or non-commercial use. We do not grant authorization or any such usage for personal, commercial, or non-commercial to remove any copyright or other proprietary notations from the materials on this Site or transfer the materials to another person or "mirror" the materials on any other server. All Site content, design, text, graphics, images, logos, audio, and video clips are the property of Foster & Kelson, LLC. All rights not expressly granted to you in this Agreement are reserved and retained by us and/or our content providers. You may use the Site only as permitted by law.
Limitations: In no event shall we, our partners, suppliers, or distributors be liable for any damages (including, but not limited to, damages for loss of data, profit, or due to business interruption,) arising out of the use or inability to use the material, information, or content on this Site, even if we or an authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Risk of Loss: The risk of loss for and title to products or services purchased on the Site passes to the purchaser upon delivery to the carrier. You expressly agree that your use of, or inability to use, this Site is at your sole risk. In no case shall we, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of a service or any products procured using this Site. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Indemnification: You agree to indemnify, defend and hold harmless Foster & Kelson, LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Revisions and Errata: The information, content, and materials appearing on this Site could include technical, typographical, or photographic errors. Therefore, we do not warrant, represent, or claim that any of the information, material, or content on this Site is accurate, complete, or current.
We, at any time, reserve the right to change, delete, add, or update content, information, or materials on this Site without notice. By using this Site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
Links: We have not reviewed all of the sites linked to this Site and are not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by us of the linked site. Use of any such linked website is at the user's own risk.
Governing Law, Dispute Forum/Jury Trial Waiver: Any claim relating to this Site shall be governed and interpreted by the laws of the State of Maryland without regard to its conflict of law provisions and customer. By accepting this agreement, you consent and agree to exclusive jurisdiction in the Supreme Court for the state of Maryland, St. Mary’s County. Both we and you waive a right to a trial by jury in any dispute between both parties.
Privacy Policy: We respect your right to privacy and will not share your personal information with any third-party affiliate without consent or as identified in our Privacy Policy. Our Privacy Policy, as amended from time to time, is incorporated by reference to be a part of this Agreement.
All Products Disclaimer: Materials used to develop our products are supplied by distributors and suppliers from around the world. We will endeavor to provide Customers information about our products at their request, excluding trade secrets, so that Customers are aware of the possibility of allergic or other reactions to our products and their ingredients or contents.
Many of our product’s ingredients are manufactured by distributors or suppliers in their environments where exposure to nuts or other common allergens is highly likely. We welcome you to contact us if you need information regarding specific ingredients used in our product(s). Before fully using any of our products, please perform a small patch test on your arm and leave the product on for 24 hours to see if you have a reaction occurs. If you experience any reaction, discontinue use, consult a medical professional, and notify us immediately.
We make no claim or representation regarding the accuracy of the information we share to describe our products or the safety of the ingredients and materials we use to develop and produce our products.
We make no medicinal or legal claim that any of our products are intended to diagnose, heal, treat, cure, or prevent any sickness, illness, disease, aliment, or the like.
We express a commitment to using best practices when developing our products but make no representation regarding how a consumer chooses to use our products. We do not recommend any of our products be used in any other manner than external application. This however does not include any facial application. Most of our products are made with high-concentrated essential oils that have the capacity to cause serious damage if used internally without the necessary expertise required in administering them. Please consult your medical doctor or someone who is qualified in the internal use of essential oils and understands the chemical makeup of each individual oil, and NOT on a daily basis. While we believe moderation is key; we stand behind our products when used as intended. Please consult your medical professional regarding using any product daily or long-term. Avoid if pregnant, may become pregnant, or under a physician's care. Keep products out of reach of children and pets. Some products may stain fabrics.
Colors/Size/Product Availability: We have made every reasonable effort to display as accurately as possible the colors of the products that appear on the Site. However, the actual colors you see will depend on a number of factors including the monitor that you use and the settings on the monitor. These factors are considered beyond our control and therefore, we do not guarantee that the display of any color will be accurate. Our products are also developed with regards to specific weight measurements as listed on containers. However, with time, shifting during production, packing, transfer, shipping, or delivery, the product’s actual weight may appear lesser than product container.
Financial Transactions: Your use of this Site and purchase of any products or service on this Site if considered final. No refunds, exchanges, transfers, or credits will be accepted. Any associated fees are assumed by the purchaser.
Price and availability information contained on this Site is subject to change without notice.
Product/Service Purchase and Sales: The receipt of an email order confirmation does not constitute the acceptance of an order. Such receipt also does not constitute a confirmation that the product or service is in stock or otherwise available on the price and terms published on the Site or published in any catalog or other advertisement. We reserve the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any Customer for any reason, including limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified as potential fraud.
All sales of products and/or services by us are limited to personal use and may not be made in conjunction with any resale or commercial use. We reserve the right to limit quantities to normal retail purchases. By ordering any of our products or services, you also agree to be bound by these terms & conditions:
By placing an order on this Site, you warrant that you are at least 18 years old and accept these terms & conditions which shall apply to all orders placed or to be placed on this Site for the sale and supply of any product or service. No other terms or changes to the terms & conditions shall be binding unless agreed in writing signed by us.
Returned Check Fee: A minimum $30.00 service fee will be added for any check return unpaid by the bank. In accordance with state law, NSF checks may be submitted to your bank electronically.
Satisfaction Policy/ Damaged Items/Returns: We strive for 100% customer satisfaction; however, we make no claims to guarantee. Unfortunately, because our products are intended to be used on one's personal anatomy, we do not offer refunds, exchanges, or cancellations, unless proof of the product indicates the product was damaged before arrival and has not been opened, tampered with. This request must be made to us via email at essentiallyyoursbynature@gmail.com within 3 calendar days of delivery. Consumer must provide order number and first and last name as stated on the original order. We will ask for photo proof of the unopened and unused product and package/shipment damage. We reserve the right to inspect all returned products before issuing a refund and verify shipping issues with the carrier. All opened, used, or tampered with products will not be refunded, even if damaged in shipment. Our products are sealed with a tamper-proof sticker. If this sticker is in any way manipulated, broken, unsealed, moved, or removed, we reserved the right not to approve a refund and all monies from the purchaser will be lost. We will not refund any shipping or processing costs. If a refund is warranted, it will result in a store credit minus shipping fees. (Once your item ships out, the shipping fee is paid directly to the carrier and is non-refundable once in transit. Thus, this does not allow us to refund the fee to you).
Single-use coupons used on an original purchase cannot be returned.
Gift Cards: Purchasing and/or use of a gift card constitutes your acceptance of our Terms & Agreements. Gift cards are only redeemable on this Site and may not be used on other Sites associated with our partners, suppliers, distributors, affiliates.
Order Cancellations: Unfortunately, once the order is placed you cannot cancel or update your order. Our order fulfillment and shipping systems are designed to get orders on their way quickly and efficiently.
Shipping Rates and Policies: We ship to contiguous U.S. states, Alaska, Hawaii, U.S. Territories, PO Boxes and APO/FPO addresses. Please be aware that orders could arrive in multiple packages. We do not ship internationally nor accept orders from outside of the U.S. states, Alaska, Hawaii, or U.S. Territories.
Any shipping and handling charges which are imposed may reflect estimated or average amounts required to cover the cost of shipping and handling and need not reflect the exact cost of the specific order.
FREE Shipping Promotions: Orders qualifying for FREE or discounted shipping promotions are shipped via our Standard service only. FREE or discounted shipping is available in the contiguous U.S. states only, and excludes Alaska, Hawaii, U.S. Territories, PO Boxes, APO/FPO addresses and oversized packages. Redemption/ promotion code must be entered at the time of checkout, and shipping and handling charges will be adjusted on qualifying orders. Offer cannot be combined with any other code-based offers. The qualifying purchase amount is based on merchandise subtotal after all discounts are applied. Sales tax, shipping & handling, gift cards, previous purchases, and in-person purchases do not qualify toward qualifying purchase amount. Offer subject to adjustment due to returns or credits. No rain checks issued. Promotion will be void if altered, copied, transferred, auctioned or sold. Other restrictions may apply. Offer subject to change without notice.
Waiver: The waiver of any breach or default of this Agreement shall not constitute a waiver of any subsequent breach or default and shall not act to amend or negate the rights of the waiving party.
Entire Agreement: These Terms and Conditions shall, as the same may be amended from time to time, constitute the complete and exclusive agreement between Foster & Kelson, LLC and Customer with respect to the subject matter hereof. It supersedes and replaces all prior discussions, negotiations, understandings and agreements, written and oral, regarding such matters. Any additional or different terms in any purchase, order, or other written or oral response by Customer shall be deemed rejected by Foster & Kelson, LLC without need of further notice and shall not be part of this Agreement or in any way binding upon Foster & Kelson, LLC.
Amendments or other modifications to this Agreement may, from time to time, be made by us through the sending of an email to the Customer at Customer's last known email address or by posting thereof on the Site.
If you have any questions regarding these Terms and Conditions, you should contact us via email at essentiallyyoursbynature@gmail.com
Updated November 25, 2021
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