ESSENTIAL OIL WIZARDRY
This Purchase Agreement (“Purchase Agreement”) is made by and between any person who purchases Products at www.EssentialOilWizardry.com (“Purchaser”) and Essential Oil Wizardry LLC, a company organized in the State of Oregon (“Company”).
SEC 1 – DEFINITIONS
1.1 Date of Purchase: The date that Purchaser purchased Product(s) from the Company at the Website or in person.
1.2 Product – Any and all essential oils, CO2 or ultrasonic extracts, tinctures, botanical perfumes,
artisan extracts, or any other goods offered for sale on the Company Website.
1.3 Website – www.EssentialOilWizardry.com
SEC 2 – PROMISES & WARRANTS
2.1 Purchaser acknowledges that no statements attached to any of its products, promotional material, or its Website have been evaluated by the Food and Drug Administration (“FDA”). Purchaser also acknowledges that no product sold on the Company Website is intended to diagnose, treat, cure, or prevent disease.
2.2 Purchaser warrants that they are over the age of 18.
2.3 Company promises to deliver products as advertised.
SEC 3 – RETURN POLICY
3.1 If any Product that Purchaser receives through the Website is delivered broken, or otherwise defective, or if the Purchaser is simply unsatisfied with the Product, they may return the item(s) within 30 days from the date of purchase.
If the product is returned because it is broken, or otherwise defective, the Company will credit the Purchaser’s credit card for each broken or defective product, plus return shipping costs. If the product is returned because the customer is unsatisfied with the product, then the Company will credit the Purchaser’s credit card for the product purchase price, but Purchaser must bear the return shipping costs.
SEC 5 – LIMITATION OF LIABILITY
5.1 The Company, its members, managers, directors, officers, shareholders, employees, assigns, and agents shall not be liable for special, indirect, incidental, consequential, punitive, or exemplary damages. If Company is found to be in breach of this Purchase Agreement, the maximum amount of damages Purchaser may claim shall be limited to the amount of Company Products that Purchaser personally purchased from Company and have remaining on hand.
5.2 Purchaser acknowledges that some Company Products are very potent and highly concentrated botanical extracts. Purchaser further acknowledges that some plants used in Company Products are known to produce a toxicity at some level and Company’s proprietary extraction processes will increase potency of all potentially harmful compounds. Purchaser understands that they are using these Products at their own risk.
5.3 Purchasers understand that all Company Products have not been approved by the FDA.
SEC 6 – JURISDICTION
6.1 This Purchase Agreement shall be construed and enforced in accordance with, and the rights of the parties shall be governed by the laws of the State of Oregon as determined herein. The parties consent to exclusive jurisdiction in the State of Oregon.
6.2 In the event of any claim arising by one party from or relating to this Purchase Agreement, the parties shall first use their best efforts to settle the claim together. If the parties cannot resolve the claims, then all claims made by one party against the other shall settle by binding arbitration in Oregon, by a licensed arbitration service in accordance with Commercial Arbitration Rules.
6.3 In the event a claim arises by one party against another with respect to this Purchase Agreement, and that claim is arbitrated, the prevailing party shall be entitled to recovery of all reasonable attorney fees and arbitration costs arising from the same.
SEC 7 – AMENDMENTS
7.1 This Purchase Agreement may be amended by the Company from time to time for any reason, or no reason at all. In order for any amendment to take effect, Company must publish the same on the Website and give notice of said amendment to all Purchasers via email. Purchasers will input their email address before placing their order on the Website and that email shall serve as the Purchaser email address for the Company to send this or any other notice.
SEC 8 – ELECTRONIC COMMUNICATIONS
8.1 The parties to this Purchase Agreement agree to receive communications, notices, statements, inquiries for customer reviews, and the like through electronic mail at the email address provided to the Company during Product purchase on the Website.
8.2 In the event Purchaser wishes to change their email address used for communications with respect to this Purchase Agreement, Purchaser must send a notice via email to the Company at [email protected]
SEC 9 – TERM
9.1 The effect of this Purchase Agreement shall continue on in perpetuity or for the maximum amount of time allowable by law, unless otherwise terminated by mutual agreement of the parties or otherwise in accordance with the terms stated herein.
SEC 10 – EXECUTION
10.1 By placing an order on the Company Website, or otherwise signing this Purchase Agreement, the undersigned executes this Purchase Agreement, warrants that she/he understands all terms and conditions stated herein, and with intention, accepts and completes the manifestation of mutual assent to those terms and conditions, thereby establishing an effective and enforceable legally binding contract. This Purchase Agreement may be executed by electronic signature.
ESSENTIAL OIL WIZARDRY LLC
Purchaser (executed by order placement) Dr. Nick Berry, Pharm D.
Date (date of order placement) Date