Terms and Conditions
These terms and conditions (the "Terms and Conditions") govern the use of www.essentiallyyoursny.com (the "Site") This Site is owned and operated by Toni Iaccino, DBA Essentially Yours, Livingston, NY. These Terms set forth the Terms and Conditions under which you may use our website and services as offered by us. This is an eCommerce site. This website offers visitors natural skincare and home fragrance products, as well as bath and home accessories. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms.
Intellectual Property
All content published and made available on our Site is the property of Toni Iaccino DBA Essentially Yours. The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of Toni Iaccino DBA Essentially Yours. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.
You recognize and agree that by uploading any content (including, but not limited to images, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text and literary works) through any means to the website, you confirm that you own all the relevant rights or received the appropriate license to upload/transfer/send the content. You agree and consent that the uploaded/transferred content may be publicly displayed at the website.
Acceptable Use
As a user of our Site, you agree to use our Site legally, not use our Site for illegal purposes, and not to:
- Harass or mistreat other users of our Site;
- Violate the rights of other users of our Site;
- Violate the intellectual property rights of the Site owner or any third party to the Site;
- Hack into the account of another user of the Site; or
- Act in any way that could be considered fraudulent.
If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site.
Accounts
When you create an account on our Site, you agree to the following:
1. You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account; and
2. All personal information you provide to us through your account is up to date, accurate, and truthful and that you will update your personal information if it changes.
We reserve the right to suspend or terminate your account if you are using our Site illegally or if you violate these Terms and Conditions. You may discontinue use and request to cancel your account and/or any subscriptions at any time. You are not allowed to use this website and/or purchase our goods if doing so is prohibited in your State or Territory or under any law or regulation applicable to you.
Sale of Goods
These Terms and Conditions govern the sale of goods available on our Site.
The following goods are available on our Site:
- Skincare products;
- Home fragrance products;
- Bath accessories;
- Home decor accessories; and
- Gift cards.
The prices we charge for using our services / for our goods are listed on the website at the time you access it. This includes all products listed as "out of stock". All information, descriptions, or images that we provide about our goods are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the packaging of the goods we provide, nor guarantee the ingredients we source to make the goods. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. We also reserve the right to change our container packaging for products displayed at any time. Additional information about pricing and sales tax is available on the payments page. You agree to purchase goods from our site at your own risk. We may, without prior notice, change the products; stop providing the products or any features of the goods we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.
When buying an item, you agree that:
(i) you are responsible for reading the full item listing before making a commitment to buy it:
(ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.
Payments
We accept the following payment methods on our Site:
- Credit Card;
- Debit Card;
- PayPal;
- Apple Pay; and
- Google Pay.
When you provide us with your payment information, you authorize our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorize us to charge the amount due to this payment instrument. The fee for the goods and any other charges you may incur in connection with your use of the service, such as taxes, shipping, and possible transaction fees, will be charged to your payment method.
If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction. We reserve the right to modify, reject, or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.
Shipping and Delivery
When you purchase goods from our Site, the goods will be delivered through one of the following methods:
-Standard delivery by post takes 2 - 5 business days; or
-Expedited delivery by post takes 1 - 3 business days.
Delivery will take place as soon as reasonably possible, depending on the delivery method selected. Delivery times may vary due to unforeseen circumstances. Since many of our products are custom-made at the time that the order is placed, processing times may vary. Please note that delivery times do not include weekends and statutory holidays. We are not responsible for lost or delayed shipments due to postal carrier error.
You will be required to pay delivery charges in addition to the price for the goods you purchase, except when the sub-total dollar amount of goods purchased is equal to or greater than $75.
You are required to provide us with a complete and accurate delivery address, including the name of the recipient. We are not liable for the delivery of your goods to the wrong address or wrong person as a result of you providing us with inaccurate or incomplete information.
Refunds and Returns
Refunds for Goods
Refund requests must be made within 2 days after receipt of your product(s)/goods. Since many of our products are custom-made, and due to the nature of Essentially Yours' products, any unsealed products may not be returned or exchanged unless there is a defect in the dispensing mechanism. In the event that the dispensing mechanism is defective, we reserve the right to deny a return or exchange, and will offer a replacement part. Any sealed, unopened items may be returned or exchanged for another item of equal price and nature within 14 days of purchase.
Essentially Yours does not refund shipping costs on returns and/or exchanges unless the product's dispensing packaging is mechanically defective. We insure orders up to $100.00, not including tax. Please inspect your order for any damages due to shipping, as we are not responsible for any damages due to the negligence of the shipping carrier. If there is damage to your item(s) due to shipping, or we have made an error in shipping the wrong item, please notify us by email within 48 hours of receipt of your order. Please retain all shipping materials, including the box, packing materials, damaged items, and packing slip for inspection by the carrier. We are not responsible for the denial of shipping insurance due to the neglect of retaining shipping materials.
We accept refund requests for goods sold on our Site for any of the following reasons:
- Product dispensing system is mechanically defective;
- Product container is broken;
- Wrong product was shipped.
Refunds do not apply to the following goods:
- Any unsealed product;
- Any product damaged during shipment.
Essentially Yours reserves the right to refuse any and all returns or requested exchanges after a six (6) month period from the original date of purchase.
If you purchased your product(s) as part of a gift set or gift basket, you must return all of the items that were part of the original purchase as a set. Gift sets and gift baskets may be returned or exchanged within a 30 day period, provided all items are sealed and contained as originally packaged. Essentially Yours reserves the right to substitute and item of equal value and nature if the original product becomes unavailable.
Essentially Yours reserves the right to deny any request for a return or exchange due to allergic reaction or sensitivity to, and/or displeasure with a scent.
Returns, if granted, can be made by mail. To return a product by mail follow the following procedure:
- Notify Essentially Yours within 2 days by email;
- Retain all shipping materials including original packing slip; and
- Retain all goods in the original condition in which received.
We will notify you with proceeding steps via email within 2 business days.
Consumer Protection Law
Where any consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.
Links to Other Websites
Our Site contains links to third party websites or services that we do not own or control. We are not responsible for the content, policies, or practices of any third party website or service linked to on our Site. It is your responsibility to read the terms and conditions and privacy policies of these third party websites before using these sites.
Promotional Emails and Content
You agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please just notify us at any time.
Limitation of Liability
Toni Iaccino DBA Essentially Yours and affiliates will not be liable for any actions, claims, losses, personal injuries, damages, liabilities, and expenses including legal fees from your use of the Site.
Indemnity
Except where prohibited by law, by using this Site you indemnify and hold harmless Toni Iaccino DBA Essentially Yours and affiliates from any actions, claims, losses, personal injuries, damages, liabilities, and expenses including legal fees arising out of use of our Site or your violation of these Terms and Conditions.
Applicable Law
These Terms and Conditions are governed by the laws of the State of New York.
Severability
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.
Changes
These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site. Your continued use of the Website or our goods or service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.
Contact Details
Please contact us if you have any questions or concerns. You may contact us be sending an email to essentiallyrsny@gmail.com, or through the contact us form available on our Site.