Terms & Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
LIMITATIONS OF LIABILITY
The information contained in this Web site is, to the best of our knowledge, true and complete. All suggestions, advice, or tips found herein do not include guarantees on the part of evetaylornorthamerica.com and affiliated companies, nor do we accept any liability connected with the use of the information contained in this site. By using this site, you accept ALL terms of the following User Agreement and understand that your use is at your own risk. This user agreement and any disputes arising out of or related to the site shall be governed by, and construed and enforced in accordance with, the laws of the Province of Ontario as well as federal law.
USER AGREEMENT
Customers should purchase products from Balnea Spa Products with the clear understanding that all products must be used at the customers own discretion. Balnea Spa Products shall not be held responsible for any damages to property or for any adverse physical effects (including injury or bodily harm) caused by insufficient knowledge or the improper use of a product.
The user of the product is solely responsible for compliance with all laws and regulations applying to the use of the products, including intellectual property rights of third parties.
The information on the Balnea Spa Products website is obtained from current and reliable sources but makes no representation as to its comprehensiveness or accuracy. Nothing contained herein should be considered as a recommendation by Balnea Spa Products as to the fitness for any use. As the ordinary or otherwise use(s) of this product is outside the control of Balnea Spa Products, no representation or warranty, expressed or implied is made as to the effect(s) of such use(s) (including damage or injury), or the results obtained.
The liability of Balnea Spa Products is limited to the value of the goods and does not include any consequential loss. Balnea Spa Products shall not be liable for any errors or delays in the content, or for any actions taken in reliance thereon.
Please note, the International Federation of Aromatherapists do not recommend that Essential Oils be taken internally unless under the supervision of a Medical Doctor who is also qualified in clinical Aromatherapy. In addition, Essential Oils must be properly diluted before use in order to avoid any damages to property or adverse physical effects (including injury or bodily harm).
This web site is provided to you free of charge, “AS IS,” by Balnea Spa Products. By using the information and services available through this web site, you agree to the terms and conditions contained herein.
Balnea Spa Products (and affiliated companies) reserves the right to update product prices at any time, for any reason. While we strive to maintain accurate and timely price information, we are not ultimately responsible for errors, omissions, or otherwise inaccurate prices on the website. The final amount of money due per order is always determined at checkout time, not during shopping cart selection.
For example, customers may put products into the shopping cart during a sale, but may choose to postpone their final checkout until later. The customer is always responsible for the most recent product price, even if their selected products are no longer on sale at checkout time. The customer, likewise, assumes responsibility for any missed discounts, for any reason, due to price changes that may occur between product selection and final checkout, whatever that duration may be.
The information and services available to you on this web site may contain errors and the site is subject to periods of interruption. While Balnea Spa Products (and affiliated companies) does its best to maintain the information and services it offers on the web site, it cannot be held responsible for any errors, defects, lost profits, or other consequential damages arising from the use of this web site.
Balnea Spa Products (and affiliated companies) provides the information and services available on this web site “AS IS,” with no warranties whatsoever. All express warranties and all implied warranties, including warranties of merchantability and fitness for a particular purpose, and non-infringement of proprietary rights are hereby disclaimed to the fullest extent permitted by law. In no event shall Balnea Spa Products (and affiliated companies) be liable for any direct, indirect, incidental, consequential, special and exemplary damages, or any damages whatsoever, arising from the use or performance of this web site or from any information, services or products obtained through this web site, even if Balnea Spa Products (and affiliated companies) has been advised of the possibility of such damages.
If you are dissatisfied with this web site, or any portion thereof, your exclusive remedy shall be to cease using the web site.
USE OF SITE
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
TYPOGRAPHICAL ERRORS
In the event that an Balnea Spa Products product is mistakenly listed at an incorrect price, we reserve the right to refuse or cancel any orders placed for product listed at the incorrect price. Balnea Spa Products reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Balnea Spa Products shall issue a credit to your credit card account in the amount of the incorrect price.
PARTICIPATION DISCLAIMER
Balnea Spa Products may not and cannot review all communications and materials posted to or created by users accessing the site, and are not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Balnea Spa Products is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Balnea Spa Products reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Balnea Spa Products in its sole discretion.
COPYRIGHT
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States, Canadian and other copyright laws, and is the property of Eve Taylor London Ltd. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Balnea Spa Products or purchasing Balnea Spa Products products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Balnea Spa Products or to purchase Balnea Spa Products products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Balnea Spa Products You further agree not to change or delete any proprietary notices from materials downloaded from the site.
TRADEMARKS
All trademarks, service marks and trade names of Eve Taylor London Ltd. used in the site are trademarks or registered trademarks of Eve Taylor London Ltd.
WARRANTY DISCLAIMER
This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Balnea Spa Products disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Balnea Spa Products does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Balnea Spa Products does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states or provinces do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Balnea Spa Products & Eve Taylor London Ltd., its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
TERMINATION
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Balnea Spa Products without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
NOTICE
Balnea Spa Products may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Balnea Spa Products.
MISCELLANEOUS
Your use of this site shall be governed in all respects by the laws of the province of Ontario, Canada, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Balnea Spa Products products) shall be in the provincial or federal courts located in Ontario, Canada. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Balnea Spa Products products) must be commenced within one (1) year after the claim or cause of action arises. Balnea Spa Products’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Balnea Spa Products may assign its rights and duties under this Agreement to any party at any time without notice to you.