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Family Self Care

Online Ordering Terms and Conditions

Last updated: July 18th, 2019

Family Self Care, Inc. (together with its affiliates, “Company”, “our”, or “we”) makes available essential oil dispensers, essential oils, and related software and products (collectively, our “Product(s)”) for purchase through our Service. The following Online Order Terms and Conditions (“Ordering Terms”) apply to all orders placed through our Service (each, an “Online Order”). Capitalized terms not defined in these Ordering Terms shall have the meanings assigned to them in our Terms of Service. These Ordering Terms are supplemental to, and not in lieu of, our Terms of Service and should be read together with our Terms of Service as closely as possible. In the event of a conflict between our Terms of Service and these Ordering Terms, these Ordering Terms shall prevail with respect to Online Orders only.

  1. Ordering Process

If you wish to place an Online Order, you may: (1) choose one or more Products from our Service; (2) review the summary of Products you have selected and modify the quantity of Products as necessary; and (3) complete the Product order by clicking the “Order” button. In order to place an Online Order, you must be logged into the Service through your Account and provide a valid shipping address. If this is your first order, you will be asked to create a user Account using a valid email address and password. Upon successfully placing an Online Order, you will receive by email a purchase order summarizing: (a) the quantity and price of Products in your Online Order; (b) the total amount of the order; (b) Additional Costs (defined below); (c) expected delivery time; (d) Company contact details for questions regarding your Online Order; and (e) the delivery address of the Products. Once Online Orders are accepted by Company, they may be cancelled only in limited circumstances. Please contact Company at contact@familyselfcare.com for additional information. Please note: Product availability may be limited, and certain Products may not be available for immediate delivery. Company reserves the right, without liability or prior notice, to revise or cease to make available any or all Products prior to Company’s acceptance of Online Orders for the applicable Products.

ONLINE ORDERS ARE NOT BINDING ON Company UNLESS ACCEPTED BY Company IN WRITING IN ACCORDANCE WITH THESE ORDERING TERMS. ANY ADDITIONAL OR INCONSISTENT PROVISIONS OF ANY PURCHASE ORDER OR OTHER WRITING DOES NOT CONSTITUTE A PART OF THE CONTRACT FOR SALE.

  1. Pricing and Specifications

All prices are in U.S. currency, dollars. You are responsible for any and all sales, use, excise, VAT, withholding, and other taxes, import duties and charges levied as a result of your Online Order, as well as all costs of packing, storage, transportation, shipping, handling and insurance (collectively, “Additional Costs”). Product pricing and specifications are subject to change without notice, except with respect to Online Orders previously accepted by Company. Company reserves the right to adjust and communicate alternative pricing should an error be found in our Service. If a commercial discount has been sent to you and you wish to use it, you must enter and validate your “code” in the field provided for this purpose during the checkout process.

  1. Online Order Payments

If you purchase a Product, you will be asked to provide customary billing information, such as name, company name, billing address, and payment card information either to Company or its third party payment processor. When you provide billing information to Company or its third party payment processor, you: (1) represent and warrant that you are the authorized user of the card, PIN, key, or account associated with such billing information; (2) agree to pay Company for all purchases (including all applicable taxes) made via the Service; and (3) thereby authorize Company or its third party payment processor to charge your credit card or otherwise process your payment for any purchase or other fees incurred by you. If the payment information that you submit is incorrect or invalid, your Online Order will not be processed. If you are directed to Company’s third party payment processor, you may be subject to terms and conditions governing use of that third party’s service, and the third party’s privacy policy. Please review such third party’s terms and conditions and privacy policy before using such services. We assume no responsibility or liability if the third party payment processor refuses to accept or honor your payment method for any reason. You agree to pay interest at the rate equal to the lesser of 1.5% per month, or the maximum rate allowed by applicable law, on any outstanding balance related to your Online Orders, together with costs of collection, including attorneys’ fees and costs. WHEN YOU PLACE YOUR ORDER, YOU AUTHORIZE Company TO BILL YOUR PAYMENT METHOD FOR THE PURCHASE PRICE OF THE PRODUCTS, ADDITIONAL COSTS, AND ANY INTEREST AND OTHER CHARGES RELATED TO FULFILLMENT AND PAYMENT OF YOUR ONLINE ORDER.

  1. Shipping

All Products are shipped from the point of origin indicated in the description of the Product posted on the Service. Title to Products and risk of loss passes from Company to you upon delivery to the carrier. Unless otherwise agreed by Company in writing, Products will be shipped via carriers of our choice with shipping, handling, insurance, and packaging charges prepaid by Company and added to the final charge against your payment method. You are responsible for any extra charges for services you may request, for example, special routing or pre-delivery notification. Products will be shipped within a reasonable time after processing of your Online Order. Shipment time will vary depending on the shipping method. Every order is processed by Company as soon as possible. Typically, Company prepares and ships within forty-eight (48) hours from receipt of payment. In case of late delivery of more than seven (7) days, you must inform the Company who will send the information to its carrier to trigger the opening of an investigation. If during this period the parcel is found, it will be re-routed immediately to you. If, however, the parcel is not found, Company considers the package as “lost.” Unless otherwise agreed to by the parties, Company is not be responsible for the replacement cost of any lost packages. Company DOES NOT GUARANTEE DELIVERY TIME AND IS NOT RESPONSIBLE FOR SHIPPING DELAYS.

Products purchased for delivery outside of United States may be subject to import duties and taxes which are levied once the shipment reaches the destination country. Additional customs fees are not included in the shipping charges because Company does not have control over these charges and cannot estimate what they may be. Customs policies vary from country to country. Contact the local country customs office for further information. When you place an Online Order, you are considered the importer of record and are responsible for customs fees and compliance with all laws and regulations of the country to which you are shipping the Products. YOU AGREE TO INDEMNIFY US FOR ANY PENALTIES OR COSTS WE INCUR RELATING TO YOUR FAILURE TO COMPLY WITH ANY LAWS OR REGULATIONS.

  1. Force Majeure

Company shall not be liable for any delay or failure to manufacture or deliver any or all of the Products ordered via an Online Order, or for the failure to perform any obligation, if such delay or failure is caused by, or if such performance is made impractical or commercially unreasonable by, fire, hurricane, flood, or other act of God, labor dispute or strike, terrorism, war or civil commotion, governmental action, equipment breakdown, inability to obtain the necessary labor, materials or equipment required to manufacture the goods, or any other cause beyond the reasonable control of Company or Company affiliates. In the event of the occurrence of any contingency described in this section, the proposed delivery or obligation shall be extended for a period equal to the time lost by reason of such contingency.

  1. Delivery and Inspection

You must conduct a reasonable and complete inspection of the Products when you receive them. All claims relating to damage to the Products or other non-conformities (other than warranty non-conformities) must be made in writing to Company within fourteen (14) days after you receive the Product, and you must specify all claimed nonconformities giving rise to the rejection. Your failure to make a claim within the allowed period shall constitute an irrevocable acceptance of the Products and shall be conclusive evidence that the shipment fully complies with all terms relating to the applicable Online Order. Each shipment of Products shall be accepted or rejected in its entirety, and any acceptance shall be final and irrevocable. If you reject any shipment and deliver the written notice required above in a timely manner, Company shall have the right to cure any nonconformity within a reasonable time.

  1. Return Policy

If you are dissatisfied with your Product purchase, you may request a refund for Products purchased via Online Orders within fourteen (14) days of delivery of your Products, subject to the requirements of this section. All returned Products must be shipped prepaid, in resalable condition, and are subject to inspection for damage or misuse prior to replacement, unless otherwise authorized in writing by Company. Products not returned within fourteen (14) days of delivery to you may be subject to restocking charges. For returns of international purchases, please note that customs policies vary widely from country-to-country. For more information about customs fees, please contact the local country customs office for further information before you proceed with any Product return. To request a return, you must notify of us in writing at contact@familyselfcare.com specifying your name, e-mail, address, Online Order number, and date of order. Where Company determines it will issue a refund, it will refund you the amount of the Products returned. The refund will be made by the same means of payment that you used when you placed your Online Order.

  1. Limited and Exclusive Product Warranty

Company warrants that the Products will materially comply with their published specifications for three (3) months from the date of purchase. At Company’s option, Company will repair or replace non-conforming Products, or refund the purchase price of the Products, if the Products are returned by you via prepaid shipment within the warranty period, and Company confirms that the Products are subject to this Company warranty. If the inspection of returned Products by Company does not reveal any material non-conformity, you will pay Company for all costs of return shipment and inspection, at Company’s then-current rates.

This warranty does not apply upon: (1) modification to Products, not made, or specifically required or approved in writing by Company prior to modification; (2) use of Products with equipment or software not supplied or approved in writing by Company; (3) misuse or abuse of the Products; (4) exposure of the Products to conditions beyond the environmental, power or operating constraints specified by Company in writing or in the Products published specifications; or (5) installation or wiring of the Products other than in accordance with Company’s written instructions or in the Products published specifications.

Items subject to wear or burnout through usage shall not be deemed to be defective by reason of such wear or burnout. Company disclaims any warranty against corrosion of the Products, and the parties acknowledge that any corrosiveness of the Products, any resulting corrosion, shall not constitute a nonconformity. Any costs incurred by Company in the repair of faults or errors related to these actions shall be reimbursed by you at Company’s then-current rates, and you shall indemnify Company against any damages suffered by Company that are directly related to such faults or errors.

THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING OR USAGE IN TRADE, WHICH ARE DISCLAIMED IN THEIR ENTIRETY. STATEMENTS OUTSIDE THESE ORDERING TERMS, INCLUDING, WITHOUT LIMITATION, STATEMENTS REGARDING APPLICATION, CAPACITY, SUITABILITY FOR USE OR PERFORMANCE, WHETHER MADE BY OUR EMPLOYEES OR OTHERWISE, ARE NOT WARRANTIES OR PROMISES BY company, AND WE HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY SUCH STATEMENTS. THE PARTIES EXPRESSLY AGREE THAT REPAIR OR REPLACEMENT OF NON-CONFORMING PRODUCTS, OR REFUND OF THE RELATED PURCHASE PRICE, AT Company’S OPTION, SHALL CONSTITUTE YOUR EXCLUSIVE REMEDY AND THE EXCLUSIVE LIABILITY OF Company RELATING TO YOUR ONLINE ORDERS FOR ANY PRODUCTS.

  1. Limitations of Liability for Online Orders

NEITHER WE NOR OUR SUPPLIERS ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, OR OTHER DAMAGES RELATING IN ANY WAY TO ONLINE ORDERS OR PRODUCTS. IN ANY EVENT, NEITHER WE NOR OUR SUPPLIERS’ SHALL BE LIABLE FOR DAMAGES OF ANY KIND UNDER ANY ONLINE ORDER EXCEEDING THE TOTAL AMOUNT PAID BY YOU FOR THE PRODUCTS GIVING RISE TO SUCH LIABILITY.