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Terms and Conditions

Please read these terms and conditions carefully. By using this site or by making a purchase on this site, you agree to these terms and conditions.

Users of essentialharmony.co.za are bound by the following terms and conditions.

Copyright

Copyright 2009 © Essential Harmony. All rights not expressly granted are reserved. To obtain permissions for the commercial use of any content on this site e-mail info@essentialharmony or contact Essential Harmony at 0861-112-137 (from South Africa) or +27 123-66-0782 when calling from outside the borders of South Africa.

Users may download, view and print content from this site (shopping as well as advertisement pages) for private and non-commercial purposes only.

All moral rights of Essential Harmony, Etzacorp and its employees/agents are reserved.

Essential Harmony cannot screen or edit all the content available from the essentialharmony.co.za site and does not accept any liability for illegal, defamatory or obscene content. Users are encouraged to inform Essential Harmony of any content that may be offensive or illegal.

Intellectual Property Rights

All the content, trademarks and data on this web site, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to Essential Harmony and as such are protected from infringement by local and international legislation and treaties.

Electronic Communications

When a user visits Essential Harmony or sends e-mails to Essential Harmony, that user consents to receiving communications from Essential Harmony electronically and agrees that all agreements, notices, disclosures and other communications sent by Essential Harmony satisfies any legal requirements, including but not limited, to the requirement that such communications should be "in writing".

Hyperlinks

Hyperlinks provided on this site to non-Essential Harmony sites are provided as is and Essential Harmony does not necessarily agree with, edit or sponsor the content on such web pages.

Framing

No person, business or web site may frame this site or any of the pages on this site in any way whatsoever.

Spiders and Crawlers

No person, business or web site may use any technology to search and gain any information from this site without the prior written permission of Essential Harmony. Such permission could be obtained by using communication channels refferred to in the first paragraph of this document.

Disclaimer

Apart from the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, neither Essential Harmony nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this web site or the services or content provided from and through this web site. Furthermore, Essential Harmony makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this web site are free from errors or omissions or that the service will be 100% uninterrupted and error free. Users are encouraged to report any possible malfunctions and errors to Essential Harmony as mentioned in the beginning of this document.

This web site is supplied on an "as is" basis and has not been compiled or supplied to meet the user's individual requirements. It is the sole responsibility of the user to satisfy itself prior to entering into this agreement with Essential Harmony that the service available from and through this web site will meet the user's individual requirements and be compatible with the user's hardware and/or software.

Information, ideas and opinions expressed on this site should not be regarded as professional advice or the official opinion of Essential Harmony and users are encouraged to consult professional advice before taking any course of action related to  information, ideas or opinions expressed on this site.

All items purchased from Essential Harmony are made pursuant to agreements with shipping and delivery agents and risk of loss pass from Essential Harmony to such agents upon delivery of any item to such carrier.

Neither Essential Harmony, nor Etzacorp or any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use any product sold on this web site.

Costs

Prices:

The price of each product is displayed with the product. In the event of a sale or special offer, the discounted price is displayed. The cost of shipping is calculated in accordance with the prices charged by the South African Post Office (SAPO). Essential Harmony does not, however, make any claims that shipping costs will be identical to SAPO costs and may change costs from time to time. Prices of International shipping, as well as domestic (South African) shipping above a predetermined weight, are calculated manually and may be provided to the buyer after a purchase has been made.

No Value Added Tax is currently charged on any products.

Import Duties

Import duties may be payable by recipients of goods in foreign countries. Essential Harmony does not know what levies may be payable and cannot calculate or estimate such costs.


Deliveries

Inside the borders of South Africa

Unless specifically requested otherwise, Essential Harmony sends all domestic (South African) packages by standard mail with a tracking number through SAPO. Clients who require faster delivery, should contact Essential Harmony either by e-mail or phone and request such delivery at an additional cost.

International Deliveries

Delivery usually takes place within two or three weeks after dispatch - however, seasonal peaks and delays at customs etc is outside the control of Essential Harmony and deliveries may take up to twelve weeks.

It is possible to courier goods to international addresses (incl United Kingdom; excl Africa). The costs are determined on an ad hoc basis. Note that such costs are normally very high.

Delays and cancellations

Essential Harmony makes every effort to assure that the information supplied on the site is accurate. Where delays and out of stock situations occur, every effort will be made to inform the buyer.

Payment Methods

Credit card payments.

Essential Harmony utilizes the services of a third party payment facilitator, Setcom. Essential Harmony is registered as a merchant at Setcom. After client details have been entered, the client will be redirected to Setcom's secure site. As an added security measure, the client needs to register as a user on Setcom's site. Setcom will deduct the payment from the client's credit card and credit Essential Harmony's Setcom account. Essential Harmony will be allowed to withdraw funds from its Setcom account.

Note that to protect it's own and the interests of customers, Essential Harmony scrutinizes all transactions very carefully to prevent attempted fraud and a transaction may be refused if Essential Harmony is not satisfied with it's legitimacy.

Bank deposit payments.
If the buyer selects the 'Electronic Funds transfer' option during a purchase, instructions will be given on how to deposit funds into the Essential Harmony bank account and it would be subject to the following rules:

the exact amount must be paid

the payment must be identified by supplying the order number and surname in the reference section of the deposit slip or on the electronic transfer.

no transfers must be made from ATM's

cheque deposits are subject to a clearing period.

no bank deposits are accepted from outside the borders of South Africa.

unpaid bank deposit orders are cancelled after five business days.


Restrictions on Sales

Agreements of Sale

Placing an item in a shopping basket without completing the purchase cycle does not:

constitute an agreement of sale between Essential Harmony and users cannot hold Essential Harmony liable if such items are not available when the purchase cycle is completed later; and/or

constitute an order for such an item; and

Essential Harmony may remove such an item from the shopping basket or wishlist if no stock is available.
An agreement of sale between Essential Harmony and a user only comes into effect if and when:

a credit card authorisation is received from Setcom; or

a deposit of an electronic transfer is reflected on Essential Harmony's bank statement (and only if such payment is received within 5 (five) business days after completion of the purchase cycle); or

a direct deposit is reflected on Essential Harmony's bank statement (and only if such payment is received within 5 (five) business days after completion of the purchase cycle.

Essential Harmony reserves the right to refuse to accept and/or execute an order without giving any reasons. Essential Harmony also reserves the right to cancel orders in whole or in part as circumstances dictate. Essential Harmony shall only be liable to refund funds already paid by the user.

Essential Harmony shall take all reasonable efforts to maintain correct prices. However, should errors occur and items are offered at incorrect prices, Essential Harmony will not be obliged to sell goods at such incorrect prices and shall only be liable to refund funds paid.

Stock Availability

Stocks of all goods on offer are limited. Essential Harmony shall take all reasonable efforts to discontinue the offer as soon as stock is no longer available. However, should items still be offered after stocks are sold, Essential Harmony shall only be liable to refund funds where it is unable to fulfill orders at advertised prices.

Guarantee

If Essential Harmony supplies the wrong product or if the product is in any way damaged or faulty as a result of a manufacturing defect, Essential Harmony must be notified within 14 days of receipt of goods. The date of receipt as indicated by the Post Office will be deemed the actualy date on which the goods have been received. Essential Harmony will exchange it for the correct one upon receipt of the returned product. Essential Harmony will make a reasonable effort to exchange the product, but if replacement is not possible, Essential Harmony will refund the purchase price including delivery cost upon receipt of the returned product. Please note: goods are not guaranteed against faults resulting from normal wear and tear.

Special offers: If Essential Harmony supplies the wrong product or if the product is in any way faulty or damaged, Essential Harmony will exchange it for the correct one upon receipt of the returned product. However, if the product is no longer being offered at the special price, it will not be replaced and we will refund the buyer's purchase price including delivery costs upon receipt thereof.

Health

Under no circumstances will Essential Harmony be liable for any damage arising from any misuse or abuse of the goods.

Before any goods are returned, a returns authorization must be obtained from Essential Harmony.

All returns will be examined by skilled professionals and if it is found that goods have been tampered with or that the goods are not in mint condition, it will not be accepted as a return.

Please note that delivery is guaranteed within the specified timeframe only after payment confirmation.

Essential Harmony will only accept returned products in the case of a manufacturing defect and not for any other reason, including, but not limited to, customer change of mind.

Essential oil products

The products and the claims made about specific products on or through this site are not intended to diagnose, treat, cure or prevent disease.

The information provided on this site is for information purposes only and is not intended as a substitute for advice from your doctor or other healthcare professional or any information contained on or in any product label or packaging.

You should not use the information on this site for diagnosis or treatment of any health problem or for prescription of any medication or other treatment.

You should consult with your doctor or a healthcare professional before starting any diet, exercise or supplementation program, before taking any medication, or if you have or suspect you might have a health problem.

Essential Harmony and Etzacorp are not liable for any health problems or adverse reactions that may result from using any of the products described on the site.

Governing Law

This site is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African law.

Privacy

Essential Harmony shall take all reasonable steps to protect the personal information of Users. For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/html/govdocs/legislation/2000/act2.pdf
Essential Harmony may electronically collect, store and use the following personal information of Users:

name and surname;

birth date;

gender;

country of residence;

closest city;

non-personal browsing habits and click patterns;

e-mail address;

IP address; and

ID number / passport number.

Essential Harmony collects, stores and uses the abovementioned information for the following purposes:

to greet the User when he/she accesses the Essential Harmony shopping site web site;

subject to the User's consent, inform the User of facts relating to his/her access and use of the Essential Harmony website;

subject to the User's consent, inform the User about competitions and special offers from Essential Harmony and/or its partners/affiliates;

to compile non-personal statistical information about browsing habits, click-patterns and access to the Essential Harmony web site.

to verify the identity of the User when transacting with Essential Harmony

to ensure that the goods are received by the addressee

Information detailed above is collected either electronically by using cookies or is provided voluntarily by the User. Users may determine cookie use independently through their browser settings.

The User may elect not to receive any communications from Essential Harmony and/or its partners / affiliates.

Essential Harmony may collect, maintain, save, compile and share any information collected from users, subject to the following provisions:

Essential Harmony shall not disclose personal information from Users unless the User consents thereto;

Essential Harmony shall disclose information without the User's consent only through due legal process; and

Essential Harmony may compile, use and share any information that does not relate to any specific individual.

Essential Harmony owns and retains all rights to non-personal statistical information collected and compiled by Essential Harmony.

Security

Any person that delivers or attempts to deliver any damaging code to this web site or attempts to gain unauthorised access to any page on this web site shall be prosecuted and civil damages shall be claimed in the event that Essential Harmony suffers any damage or loss.
The user agrees and warrants that its log-in name and password shall:

be used for personal use only; and

not be disclosed to any third party.

The user allows Essential Harmony to take all reasonable steps to ensure the integrity and security of the Essential Harmony site and back-office applications.

All credit card transactions are Secure Socket Layers encrypted. All credit card transactions are facilitated by Setcom. Setcom is secured by Thawte. User can verify the security by clicking on the relevant link at the bottom of the Setcom home page (http://www.setcom.com).

Changes To Agreement

Essential Harmony may, in its sole discretion, change this agreement or any part thereof at any time without notice.

Disputes

In the event of any dispute of any nature whatsoever arising between the parties on any matter provided for in, or arising out of this agreement, and not resolved through the Customer Relations Department of Essential Harmony, then such a dispute shall be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa. Arbitration proceedings shall be conducted in Johannesburg in English. The arbitration rules may be downloaded from: http://www.arbitration.co.za/Pages/docs/expedited_rules.pdf.

Domicilium

Essential Harmony chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, 106 Wadie Street, Sweetwaters, South Africa.

Term and Termination

This agreement shall commence when the user registers on the Essential Harmony site and continues indefinitely until terminated by Essential Harmony in terms of clause 21 hereto or for any other reason.

Information

The ECT Act states that when we offer goods or services by way of certain electronic transactions, we must make the following information about us available to customers on websites where the goods or services are offered:

Full name: Essential Harmony CC Registration Number 2007/172400/23
Main business: Manufacturer and distributor (physical and online) of Vaporizers and Essential Oil products.
Address for receipt of legal service: 106 Wadie Street, Sweetwaters
Office bearers: Sole member: Deirdre Holt
Webmaster: This e-mail address is being protected from spambots. You need JavaScript enabled to view it
Website: http://essentialharmony.co.za or http://shopping.essentialharmony.co.za
Official email address: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

 

 

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