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OVERVIEW
Thank you for visiting mountessence.com (the "Site"), managed by Mafins Inc ("we", "us", "our"). These Terms create a legal agreement between you, as the user, and us. Kindly read all terms before utilizing our Site. By accessing and using our Site, you agree to be bound by these terms, whether or not you have read them in full. These terms govern your use of our Site, any online shopping cart functionalities, and any future updates or features we may introduce. Should new terms be introduced with any updates or new features, those terms will also apply.
1. YOUR ACCESS
By utilizing our Site, you agree to these Terms. If you do not agree, kindly refrain from using our Site. Your usage binds you to these Terms, regardless of whether you have read them in their entirety. In agreeing to these Terms, you assert that you are of at least the age of majority in your state or province of residence. Alternatively, if you are the age of majority in your state or province of residence, you confirm that you have given us consent to permit any of your minor dependents to use this Site.
2. PURCHASE OF PRODUCTS
Should you decide to make a purchase through our Site, you are obliged to pay the full amount specified on the relevant payment page or in the invoice provided through the Site. You will not incur any charges for a purchase unless you have accepted the payment terms at the checkout page. The total amount will encompass shipping and tax, as outlined on the checkout page, to which you agree to pay in full.
Product listings and advertisements on the Site should be viewed as invitations for you to submit purchase offers and should not be construed as offers to sell. Upon order acceptance, a confirmation email will be dispatched to you, and following payment receipt, the product will be shipped. All orders must be fully paid for before shipment.
If your order is not accepted, either in whole or in part, you will be informed, and any amounts paid will be refunded for the unaccepted order (or portion thereof) via the Site. Post the purchase order date, we retain the right to reject an order for any reason, which could include, but is not limited to, a misprint in the price or advertisement, a shortage of product, product discontinuation, insufficient delivery information from the Customer, or shipping restrictions to certain locations or destinations. We reserve the right to decline any order you place with us.
3. PAYMENT
We implement measures with our payment processors to guarantee that credit card information is consistently encrypted during transmission over networks. Our store is hosted by Godaddy Inc., which provides us with the online e-commerce platform enabling us to sell our products and services to you. We utilize payment processors to handle payments on our behalf, adhering to payment industry standards.
You commit to supplying current, complete, and accurate purchase and account information for all transactions at our store. You also agree to promptly update your account and additional information, including your email address and credit card details, such as numbers and expiration dates, ensuring we can finalize your transactions and reach out to you as required.
4. PRODUCT DEPICTIONS & CHANGES
Products available on our Site are contingent upon inventory levels, thus be cognizant that inventory statuses can fluctuate and items may be altered or discontinued. We strive diligently to depict the colors, materials, and styles of our products with high accuracy. However, actual items might exhibit slight variations from their appearance on our Site due to the photographs utilized, your browser, or your screen quality.
Prices and descriptions of our products are susceptible to change without prior notification. We reserve the right, at any time, to modify or cease the availability of products without notice, in order to uphold our quality standards or due to other business considerations.
5. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
Our Site offers an array of content, including but not limited to product details, ingredient lists, newsletters, articles, informational material, store locations, and links. While we strive to ensure the accuracy, completeness, and timeliness of this content, we cannot guarantee its accuracy, completeness, or current relevance and will not be held responsible for any discrepancies. The content on our Site is furnished for general informational purposes and personal use only, and reliance upon it is undertaken at your own risk. It is your responsibility to assess the provided content and information and determine its applicability to your situation.
The Site may encompass certain historical information or content from previous years. Naturally, this information is not current and is provided purely for your reference. While we reserve the right to alter the contents of the Site at any moment, we are under no obligation to update any information on our Site. You agree that monitoring changes to our Site is your responsibility.
6. OTHER CONDITIONS
We reserve the right to limit the quantities of any products or services we offer. Some products may be available exclusively online through the Site and potentially in limited quantities.
Any offer for any product or service made on this Site is void where prohibited.
We may, at our sole discretion, limit or cancel quantities purchased per person, per household, or per order. We also reserve the right to restrict the sales of our products to any individual, geographical region, or jurisdiction, implementing this right on a case-by-case basis. Such restrictions may apply to orders placed by or under the same customer account, orders utilizing the same credit card, and/or orders that feature identical billing and/or shipping address.
Furthermore, we reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
7. REFUNDS & RETURNS
Our Refund and return policy applies to refunds and returns of all purchases through our Site. By agreeing to these Terms, you agree to that policy, which is incorporated by reference. Please read that policy carefully.
8. SHIPPING & DELIVERY
Our Shipping Policy applies to shipping and delivery of all purchases through our Site. By agreeing to these Terms, you agree to that policy, which is incorporated by reference. Please read that policy carefully. Our Site will estimate shipment fees and dates but we are not liable for any shipping costs, or delivery delays, including delays beyond the reasonable control of us or our order-fulfillment providers.
9. PERSONAL INFORMATION
Your submission of personal information through the Site is governed by our Privacy Policy. By agreeing to these Terms, you agree to that policy, which is incorporated by reference. Please read that policy carefully.
10. TERMINATION RIGHTS
(a) By Us: In the event you breach these Terms, or any other applicable policies, we may suspend or terminate your account and your access to the Site. We may suspend or terminate your account in the event the account is inactive and abandoned by you for a year.
(b) By You: You may terminate your account and cease use of the Site at any time.
(c) Effect of Termination: Once your account is terminated, you will not have access to the contents of that account. You are responsible for backing-up or saving the contents of your account (if any), prior to the termination of your account. After termination, we reserve the right to delete or keep any content in your account Site for archive purposes. We will only retain Personal Data in accordance with these terms and our Privacy Policy.
11. USER CONTENT & PROHIBITIONS
The Site may enable you to submit user content as part of your user experience. We reserve the right to display such content and, if we receive correction notices or if it violates our Terms or acceptable use standards, to remove or modify it at our discretion. You agree that we may, without restriction and at any time, edit, copy, publish, distribute, translate, and utilize in any medium any comments you provide to us. We are not obligated to (1) keep any comments confidential; (2) compensate for any comments or suggestions; or (3) respond to any comments.
In addition to other prohibitions outlined in the Terms, you are prohibited from using the Site or its content to: (a) engage in unlawful activities; (b) encourage others to partake in unlawful acts; (c) breach international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) infringe upon our intellectual property rights or those of others; (e) harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) provide false or misleading information; (g) transmit viruses or other malicious code that may affect the functionality or operation of the Site, related website, other websites, or the Internet; (h) collect or track others' personal information; (i) engage in spam, phishing, pharming, pretexting, spidering, crawling, or scraping; (j) pursue any obscene or immoral purposes; or (k) bypass the security features of the Site, related website, other websites, or the Internet.
Impersonating others, misrepresenting your identity, or misleading us or third parties regarding the origin of comments is not permitted. You are solely responsible for your comments and their accuracy. We bear no responsibility and assume no liability for comments posted by you or any third-party. We reserve the right to terminate your use of the Site for violating any prohibited uses.
12. INTELLECTUAL PROPERTY RIGHTS
You acknowledge that the Site, along with its trademarks, intellectual property rights, content, design, including but not limited to product information, images, and various types of content like articles, news, blog posts, or other informational materials provided on our Site, are the property of us or our licensors. You agree not to dispute or challenge such ownership. Additionally, other company names and logos showcased on our Site may be the trademarks of their respective owners.
13. WARRANTY & GENERAL DISCLAIMERS
We take pride in our creations and stand behind them, as outlined in our Return and Refund policy.
However, apart from this, we do not guarantee that the quality of any products, services, information, or other material purchased or obtained by you through our Site will meet your expectations.
We expressly disclaim all liability and any express or implied warranties or conditions related to our Site, and any product or service sold through it. The Site is provided to you "as is" and "as available" without any representations or warranties of any kind regarding the use or the results of using our products or Site.
14. RELEASE & LIMITATION OF LIABILITY:
IN THE EVENT OF A PURPORTED LOSS OR CLAIM BY YOU, YOU AGREE TO RELEASE AND FORGO ANY CLAIMS AGAINST US. WE WILL NOT BE LIABLE FOR ANY DAMAGES, LIABILITIES, COSTS, EXPENSES, INJURIES, ILLNESSES, SKIN IRRITATIONS, ALLERGIC REACTIONS, OR ANY OTHER CLAIMS OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, THAT ARISE FROM OR IN RELATION TO THE USE OF THIS SITE, PRODUCTS SOLD THROUGH THIS SITE, OR ANY USER CONTENT AVAILABLE ON THIS SITE. THIS IS APPLICABLE WHETHER THE CLAIMS ARISE UNDER BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF THE POSSIBILITY OF SUCH DAMAGES HAS BEEN COMMUNICATED TO US. UNDER ANY CIRCUMSTANCES, YOU AGREE THAT OUR CUMULATIVE LIABILITY TO YOU SHALL BE RESTRICTED TO $50 OR THE ACTUAL DOLLAR AMOUNT PAID BY YOU FOR THE SPECIFIC PRODUCT CAUSING THE DAMAGES OR CLAIM, WHICHEVER IS LOWER.
IN JURISDICTIONS THAT DO NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY WILL BE RESTRICTED TO THE FULLEST EXTENT ALLOWED BY LAW.
15. JURISDICTION & APPLICABLE LAW
These Terms are governed by and interpreted in accordance with the laws of the Province of Alberta, Canada, and applicable federal laws therein. Should any dispute arise under these terms, you agree to submit to the jurisdiction of the courts located in the Province of Alberta, Canada.
16. DOWNTIME
The Site may experience temporary downtime as we perform routine maintenance or updates.
17. LINKED SITES
Links available on our Site may link to third-party websites not maintained or controlled by us and we provide these links for your convenience, and we are not responsible for the contents of any linked site.
18. CHANGES
We may modify these Terms periodically, and the altered terms will become effective upon being posted on our Site. Your continued use of the Site following the effective date signifies your acceptance of the revised Terms. No changes will apply to any dispute of which we had actual notice on the amendment date, nor to any dispute that emerged before that date. We reserve the right, at our sole discretion and without notice, to change or remove content, functionality, or features from the Site, either in whole or in part, to enhance our systems.
19. SURVIVAL
Even after the expiration or termination of these terms for any reason, provisions requiring post-termination actions by the parties shall remain effective. Specifically, Sections 13, 14, and 15 will continue to be in effect after termination.
20. MISCELLANEOUS
We reserve the right to assign this agreement to a third party, providing we inform you in writing. These Terms encapsulate the full agreement between you and us concerning your utilization of the Site and any product purchases. Our failure to assert or enforce any provision of these terms should not be perceived as a waiver of any provision or right. Should any part of these terms be deemed void, invalid, or unenforceable by a court with proper authority, such a determination will not influence the validity of the remaining provisions. The parties have agreed that this agreement and all associated documents be written in English. Les parties reconnaissent par les présentes que chacune d'elles a exigé que ce contrat et tout document ou avis y afférent soient rédigés en anglais. These terms may be agreed to by electronic acceptance.
21. CONTACT
Questions about these Terms of Use should be sent to us at contact@mountessence.com
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