Thank you for visiting the essentuale.com™ Web site (the "Site")
and for your interest in us.
We believe overall goodness in all ways is
the foundation of great relationships.
We promise to continue to do all possible to
maintain your trust and comfort in the hope our genuine commitment will
lead to a remarkably enjoyable friendship with ESSENTUALE.
If you have any questions about our Terms and Conditions, or the content
or practices of our website, you can contact essentuale.com directly
using our contacts page.
These terms and conditions apply to all interaction with
essentuale.com, its agents, assigns and all those in connection with
ESSENTUALE or ESSENTUALE, LLC.
essentuale.com is a retail store and information site for
health, beauty, wellness, personal care products and adventures and
experiences. The Site is designed to provide a convenient, private and
informative shopping experience for consumers to purchase products
essential to healthy, everyday living. Accessible 24 hours a day, 7 days
a week, the essentuale.com and the essentuale.com online store offers
products along with health-related information and other tools designed
to help consumers make educated purchasing decisions. essentuale.com,
essentuale and essentuale, llc and any and all of its subsidiaries,
affiliates, and fulfillment partners ("we,” “us,” “our") want each
visitor to the Site ("you") to have a safe, pleasurable visit, so we
have established the following terms and conditions so that we (we and
you) know what to expect from each other. By using the Site you agree to
be bound by the terms set forth herein.
ESSENTUALE may revise these Terms at any time by updating this posting.
You should visit this page from time to time to review the then-current
Terms because they are binding on you. Certain provisions of these Terms
may be superseded by expressly designated legal notices or terms located
on particular pages at this Site.
Your continued access or use of
the Site shall be deemed your acceptance of these changes and the
reasonableness of these standards for notice of changes.
Please review our
understand our practices.
NO RETURNS, REFUNDS OR EXCHANGES ALLOWED due to safety
considerations. Extraordinarily fine, ESSENTUALE products are
made under the strictest conditions of an FDA-registered GMP certified
vitamin factory then sent sealed to shipping and on to you. Once
received by customers we cannot ensure returned products are unopened,
and therefore cannot accept any returns or exchanges. If your ESSENTUALE
products were damaged in shipping, which is highly unusual, please
contact customer service. Do not dispose of any packaging materials
until the problem has been resolved. Thank you for your understanding
and for choosing ESSENTUALE.
Each claim or statement about the effectiveness of ESSENTUALE products
and/or each claim or statement comparing the effectiveness of ESSENTUALE
products to the effectiveness of other products is expressly limited to
the United States, unless otherwise disclosed on the Site.
ESSENTUALE makes no warranties or representations about the accuracy or
completeness of this Site's content or the content of any site or
THIS SITE AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN
THIS SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE
PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW,
ESSENTUALE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND
WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
ESSENTUALE DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN
THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE
CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ESSENTUALE DOES NOT
MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE
MATERIALS IN THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS,
ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.
THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
IN NO EVENT SHALL ESSENTUALE BE LIABLE FOR ANY DIRECT,
INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL,
DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF ESSENTUALE HAS BEEN
PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN
ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF
OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE
INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE.
THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL
PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW
LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE
ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless ESSENTUALE, its
officers, directors, employees, agents, licensors and suppliers
(collectively the "Provider") 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 Internet account (including negligent or wrongful conduct), by you
or any other person accessing the Site using your Internet account.
By using this Site, you agree that ESSENTUALE, at its sole
discretion, may require you to submit any disputes arising from the use
of this Site, or these Terms and Conditions concerning or, including
disputes arising from or concerning their interpretation, violation,
nullity, invalidity, non-performance or termination, as well as disputes
about filling gaps in this contract or its adaptation to newly arisen
circumstances, to final and binding arbitration under the International
Rules of Arbitration of the American Arbitration Association, by one or
more arbitrators appointed in accordance with the said Rules.
Notwithstanding these rules, however, such proceeding shall be governed
by the laws of the state of Arizona, USA.
Any award in an arbitration initiated under this clause shall be
limited to monetary damages and shall include no injunction or direction
to any party other than the direction to pay a monetary amount. Further,
the arbitrator(s) shall have no authority to award punitive,
consequential or other damages not measured by the prevailing party's
actual damages in any arbitration initiated under this section, except
as may be required by statute.
When you visit the Site or send e-mails to us, or use our contact forms,
you are communicating with us electronically. You consent to receive
communications from us electronically. We will communicate with you by
e-mail or by posting notices on this site. You agree that all
agreements, notices, disclosures and other communications we provide to
you electronically satisfy any legal requirement that such
communications be in writing..
is a registered trademark and
the following are our trademarks and service marks:
The World's Finest Shampoo
The World's Finest Bathing Experience
The World's Finest Bathing System
Look good and feel good naturally.
The way bathing should be
The ultimate bathing experience
Adventures and Experiences of a Lifetime
Experiences and adventures of a lifetime
The ESSENTUALE Lifestyle
Living the ESSENTUALE Lifestyle
Come live the ESSENTUALE Lifestyle
You eat, you sleep, you bathe
Bathing has forever changed
Bathing (and the shower) has forever changed
When you look good and feel good inside out it shows
The ESSENTUALE Dream Box
The 9056 crown (design)
All other trademarks, product names, and company names and
logos appearing on the Site are the property of their respective owners.
Your account obligations
In consideration of your use of the Site, you agree to: (a) provide
true, accurate, current and complete information about yourself as
prompted by the checkout form for your account information (the "Account
Information") and (b) maintain and promptly update the Account
Information to keep it true, accurate, current and complete. If you
provide any information that is untrue, inaccurate, not current or
incomplete, or we have reasonable grounds to suspect that such
information is untrue, inaccurate, not current or incomplete, we may
suspend or terminate your account and refuse any and all current and
future use of the Site. Account Information and certain other
information, please see our full
You will receive a password and account designation when you
have completed the Account Information. You are responsible for
maintaining the confidentiality of the password and account and are
fully responsible for all activities that occur under your password or
account. You agree to immediately notify us of any unauthorized use of
your password or account or any other breach of security.
Any conduct by you that in our sole discretion restricts or inhibits any
other user from using or enjoying the Site will not be permitted. You
agree to use the Site only for lawful purposes. You are prohibited from
posting on or transmitting through the Site any unlawful, harmful,
threatening, abusive, harassing, defamatory, vulgar, obscene, sexually
explicit, profane, hateful, fraudulent, racially, ethnically, or
otherwise objectionable material of any kind, including but not limited
to any material that encourages conduct that would constitute a criminal
offense, give rise to civil liability, or otherwise violate any
applicable local, state, national, or international law.
You agree not to reproduce, duplicate, copy, sell, resell or
exploit for any commercial purposes, any portion of the Site, use of the
Site, or access to the Site.
You agree not to access the Site by any means other than
through the interface that is provided by us for use in accessing the
You acknowledge that the Site contains information, data, software,
photographs, graphics, videos, text, images, typefaces, sounds, and
other material (collectively "Content") that are protected by
copyrights, trademarks, or other proprietary rights, and that these
rights are valid and protected in all forms, media and technologies
existing now or hereinafter developed. All Content is copyrighted as a
collective work under the U.S. copyright
laws, and we own a copyright in the selection, coordination,
arrangement, and enhancement of such Content. You may not modify,
remove, delete, augment, add to, publish, transmit, participate in the
transfer or sale of, create derivative works from, or in any way exploit
any of the Content, in whole or in part. If no specific restrictions are
displayed, you may make copies of select portions of the Content,
provided that the copies are made only for your personal, information
and non-commercial use and that you do not alter or modify the Content
in any way, and maintain any notices contained in the Content, such as
all copyright notices, trademark legends, or other proprietary rights
notices. Except as provided in the preceding sentence or as permitted by
the fair use privilege under the U.S. copyright laws (see e.g. 17 U.S.C.
Section 107), you may not upload, post, reproduce, or distribute in any
way Content protected by copyright, or other proprietary right, without
obtaining permission of the owner of the copyright or other proprietary
right. In addition to the foregoing, use of any software Content shall
be governed by the software license agreement accompanying such
software, if any.
Color/Product Description/Product Depiction
We have made every effort to display the
colors and visual representations of our products that appear at the Site
accurately. However, as the actual
colors you see will depend on your monitor, and some products are
difficult to photograph, and in some cases images may not be up to date, we cannot guarantee that
your monitor's display of any product will be 100% accurate. We have attempted
to be as accurate as possible. However, we do not warrant that the
product descriptions are accurate, complete, reliable, current, or
error-free. If a product offered by the Site is entirely not as described, your
sole remedy is to return it in unused condition.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL WE OR ANY OTHER PARTY INVOLVED IN CREATING,
PRODUCING, OR DISTRIBUTING THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, GOOD
WILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM (i) THE USE OF OR
INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE
GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR
SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS
ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO
OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT
OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE
SERVICE. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL
CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SITE. BECAUSE
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED
TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to indemnify and hold us, and our subsidiaries,
affiliates, officers, directors, agents, co-branders or other partners,
associates, and employees, harmless from any claim or demand, including
reasonable attorneys' fees, made by any third party due to or arising
out of Content you submit, post to or transmit through the Site, your
use of the Site, your connection to the Site, your violation of the
The U.S. export control laws regulate the export and re-export of
technology originating in the
United States. This includes the
electronic transmission of information and software to foreign countries
and to certain foreign nationals. You agree to abide by these laws and
their regulations – including but not limited to the Export
Administration Act and the Arms Export Control Act and not to transfer,
by electronic transmission or otherwise, any Content derived from the
Site to either a foreign national or a foreign destination in violation
of such laws.
We may elect to monitor areas of the Site by electronic or other means
and may disclose any Content, records, or electronic communication of
any kind (i) to satisfy any law, regulation, or government request; (ii)
if such disclosure is necessary or appropriate to operate the Site; or
(iii) to protect our rights or property or the rights of the users,
Sponsors, Providers, Licensors, or Merchants. We are not responsible for
screening, policing, editing, or monitoring such Content. If notified of
allegedly infringing, defamatory, damaging, illegal, or offensive
Content, we may investigate the allegation and determine in our sole
discretion whether to remove or to request the removal of such Content
from the Site.
We may terminate your access, or suspend your access to all or
part of the Site, without notice, for any conduct that we, in our sole
discretion, believe is in violation of any applicable law or is harmful
to the interests of another user, a third-party Provider, Merchant,
Sponsor, Licensor, service provider, or us.
Because customer service is paramount to our business, we
reserve the right to refuse to sell products to you if it reasonably
appears to us that you intend to resell the products without our express
permission in writing. In addition, we reserve the right to limit
quantities of items purchased by each customer. In addition, we reserve
the right to cancel any order or part of an order, or refuse service to
anyone for any reason. Such reasons may include, but are not limited to,
unauthorized coupon use, product availability, price discrepancy or
pricing error. We reserve the right to charge fees or extra shipping
charges for any product that is backordered. We also reserve the right
to change the terms of any offer or promotion at any time without
notice. The posting of prices on our site is not an offer for sale of
goods, and the order confirmation is not an acceptance of an offer to
purchase goods. We cannot confirm the price of an item until you order;
however, we do NOT charge your credit card until after your order has
entered the shipping process. Despite our best efforts, a small number
of the items in our catalog may be mispriced. If an item's correct price
is higher than our stated price, we will, at our discretion, either
contact you for instructions before shipping or cancel your order and
notify you of such cancellation. The contract for sale of goods between
us and any customer is not entered into until we charge a valid credit
card or otherwise accept payment.
We strive to ship your order as quickly as possible.
However, our shipping estimates are not guarantees or promises that a
product will ship on a specific day or be received by you within a
specific period. The amount of time it takes for you to receive a
product will depend on how long it takes us to process your order and
how long it takes the carrier to deliver the order to you once it is
We are unable to ship to P.O. Boxes. All items must
be shipped to a valid street address.
Shipping charges are based
upon the shipment option you select at Checkout.
essentuale.com has partnered with reliable shippers to ship orders to
select international destinations.
All orders are promptly shipped from the US. Orders shipped to destinations
outside the US
are subject to import taxes, duties and fees levied by the destination
country, and these additional charges are collected upon delivery.
We are not responsible for any fees or taxes associated with
Please see our
Shipping & Returns Policy
Links to third party sites
Occasionally, we may make available a link to a third party's web site.
These links will let you leave the Site. The linked sites are not under
our control and we are not responsible for the contents of any linked
site or any link contained in a linked site, or any changes or updates
to such sites. We are not responsible for webcasting or any other form
of transmission received from any linked site. We provide the links to
you only as a convenience. We do not endorse the site or its use or
We are pleased to hear from our customers and welcome your comments
regarding our products and the Site. You may post or submit reviews of
products or services, comments, suggestions, or other material
("Submissions") as long as the content of your Submission is not
unlawful, threatening, abusive, spiteful, defamatory, invasive of
privacy, obscene, profane, sexually explicit, fraudulent or otherwise
objectionable or injurious to third parties (including, but not limited
to, any content that encourages conduct that would constitute a criminal
offense, give rise to civil liability, or otherwise violate applicable
law). While you may omit your name from or use a “nickname” in your
Submission, you may not use a false e-mail address, impersonate any
person or entity, or otherwise mislead as to the origin of your
Submission. essentuale.com reserves the right (but not the obligation)
to monitor, edit and remove any Submission but does not regularly review
By posting or sending us any Submission, you grant us a
non-exclusive, royalty-free, perpetual, irrevocable and fully
sub-licensable right to use, reproduce, modify, adapt, publish,
translate, create derivative works from, distribute, and display such
Submission throughout the world in any media. You also grant
essentuale.com and its subsidiaries or others working in concert with
ESSENTUALE the right to use the name you post in connection with such
By posting or sending us a Submission, you represent and
warrant that you own or otherwise control all of the rights to the
content in your Submission, that the content you provide is accurate,
and that use of the content in your Submission does not violate this
policy and will not cause injury to any person or entity. You agree to
indemnify us against all claims and liabilities resulting from your
Submission. We do not take any responsibility and assumes no liability
for any Submission posted by you or any other person or entity.
Submissions are also covered in our
We control the Site from our offices within the United States of America. We make no
representation that the Content in the Site is appropriate or available
for use in other locations, and access to them from territories where
their content is illegal is prohibited. Those who choose to access the
Site from other locations do so on their own initiative and are
responsible for compliance with applicable local laws. You may not use
or export the Content in violation of U.S. export laws
and regulations. Any claim relating to the Site, the services provided
through the Site or the Content shall be governed by the internal laws
of the state of Arizona, without reference to its choice of law
provisions. You hereby irrevocably consent to the exclusive jurisdiction
and venue of courts in Maricopa County, Arizona,
These terms are effective until terminated by either party. If you no
the Site. Subject to applicable law, we reserve the right to suspend or
deny, in our sole discretion, your access to all or any portion of the
Site with or without notice. You agree that any termination of your
access to the Site may be effected without prior notice, and acknowledge
and agree that we may immediately deactivate or delete your account and
all related information and files in your account and bar any further
access to such files or the Site. Further, you agree that we shall not
be liable to you or any third-party for any termination of your access
to the Site.
Sales Tax in the US
Taxable items that are shipped to customers in Arizona are subject to
tax at the appropriate state and local rate.
Customs Fess and Vat (VALUE ADDED TAX)
If there are customs fees and VAT, they must be paid by you
when the package reaches your destination country. essentuale.com as
well as all of its agents or assigns are not responsible for any sales
taxes, VAT, customs duties or other taxes charged by your customs
department. These charges are your responsibility and will vary from
country to country.
We cannot determine these fees in advance. We recommend that
you check with your local customs office or post office for details on
how these charges are assessed and applied. You may also be able to find
information about your country's VAT and Customs fees by searching
websites on the Internet such as the
United States Council for International Business. Please note that
if your order has reached your country of destination and it is returned
to us as Unclaimed or Refused due to VAT or customs fees imposed by your
country, it can often take up to 6 months for us to receive, and we must
receive the order back before we can issue you a refund.
us) and govern the use of the Site. You also may be subject to
additional terms and conditions that may apply when you use affiliate
services, third-party content or third-party software. Our failure to
constitute a waiver of such right or provision. If any provision of the
invalid, the parties nevertheless agree that the court should endeavor
to give effect to the parties' intentions as reflected in the provision,
effect. You agree that regardless of any statute or law to the contrary,
any claim or cause of action arising out of or related to use of the
or cause of action arose or be forever barred.
and have no legal or contractual effect.
We respect the intellectual property of others and we ask our users to
do the same. If you believe that your work has been copied and is
accessible on the Site in a way that constitutes copyright infringement,
you may notify us by providing our copyright agent the following
1. an electronic or physical signature of the person authorized to
act on behalf of the owner of the copyright interest;
2. a description of the copyrighted work that you claim has been
infringed, including the URL (i.e., web page address) of the location
where the copyrighted work exists or a copy of the copyrighted work;
3. identification of the URL or other specific location on the Site
where the material that you claim is infringing is located;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its agent, or the
6. a statement by you, made under penalty of perjury, that the above
information in your Notice is accurate and that you are the copyright
owner or authorized to act on the copyright owner's behalf.
Our agent for notice of claims of copyright infringement on the
Site can be reached as follows:
By postal mail:
21001 N Tatum Blvd, Ste 1630-172
Phoenix, AZ 85050
Please note the address above is not
for general mailings.
Please email us using our
for the most expedient reply.
Copyright © 2001-2013 ESSENTUALE, LLC, 21001 N Tatum Blvd, Ste 1630-172,
Phoenix, AZ 85050
All rights reserved. Any rights not expressly granted herein are
This was last updated on March 19, 2013