LIMITATIONS OF LIABILITY
All
information contained in this website is true to the best of our knowledge. All
advice included within, and product descriptions on this website does not
include any guarantees nor do we accept any liability connected to information on
this website. By using this site, you accept all terms of the following User
Agreement and understand that your use is at your own risk.
USER AGREEMENT
It is
understood that all customers purchasing from Evocative Perfumes are cognisant
of any damages to property or of any adverse physical effects (including injury
or bodily harm) caused by insufficient knowledge or the improper use of a
product. It is understood that all products must be used at the customers own
discretion and only after referencing Material Safety Data Sheets (MSDS) and
all other relevant technical information specific to the products. The user of
these products 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 liability
of Evocative Perfumes is limited to the value of the goods and does not include
any consequential loss.
Evocative
Perfumes does not recommend that essential oils, aroma chemicals, absolutes,
etc be taken internally or applied topically, without dilution, under any
circumstance.
Evocative
Perfumes 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.
Evocative Perfumes does its best to maintain the information and services it offers on the web site and cannot be held responsible for any errors, defects, lost profits, or other consequential damages arising from the use of this web site or periods of interruption of the website.
Evocative Perfumes shall not be responsible for loss, damage or inconvenience resulting from leakages during transit. Products are packaged to prevent damage or leakage during normal transit conditions.
Buyer assumes
all risk of loss in shipping and all liability for loss or damage, whether
direct, indirect, consequential or otherwise, due to delays once the products
have been delivered to the carrier.
Evocative
Perfumes shall not be responsible for loss, damage, delay or failure with
respect to the products if due to or arising from shortage of raw materials,
fires, labour troubles of any kind, accidents, breakdown of machinery,
government acts of any kind, failure of manufacturers, subcontractors or
suppliers to deliver materials or supplies or to provide services as agreed or
contemplated by past dealings, transportation difficulties of any kind, acts of
God, acts of Buyer or anything reasonably beyond Seller’s control, whether or
not presently occurring or contemplated by either party. Seller shall not be
liable for damages, general, consequential or otherwise, or for failure to give
notice of any delay until it shall have such additional time within which to
deliver the products as may be reasonably necessary under the circumstances and
shall have the right to apportion its inventory among its customers in such a
manner as it considers acceptable. Seller shall also have the right to deliver
the products in instalments.
In the event
that an Evocative Perfumes 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. Evocative Perfumes 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, Evocative Perfumes shall issue a credit
to your credit card account in the amount of the incorrect price.
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, Evocative Perfumes disclaims all
warranties, express or implied, including, but not limited to, implied
warranties of merchantability and fitness for a particular purpose and
non-infringement. Evocative Perfumes 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. Evocative Perfumes
does not make any warranties or representations regarding the use of the
materials in this site in terms of their correctness, accuracy, adequacy,
usefulness, timeliness, reliability or otherwise.
INDEMNIFICATION
You agree to
indemnify, defend, and hold harmless Evocative Perfumes, 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.
THIRD-PARTY LINKS
Evocative Perfumes
provides links to sites operated by third parties. Even if the third party is
affiliated with Evocative Perfumes, Evocative Perfumes has no control over
these linked sites, all of which have separate privacy and data collection
practices, independent of Evocative Perfumes. These linked sites are only for
your convenience and therefore you access them at your own risk.
SAFETY
Evocative
Perfumes products contain botanically and synthetically derived ingredients
including essential oils derived from leaves, barks, seeds, fruits, flowers,
balsams, resins and roots. We cannot predict how an individual will react to
our products. If any itching, redness or allergic symptoms occur, wash the area
with clean water, stop using the product and seek the opinion of a qualified
dermatologist. We will not be liable for any loss of income, loss of profits,
loss of contracts, health costs, loss of data or for any indirect or
consequential loss or damage of any kind howsoever arising and whether caused
by tort (including negligence), breach of contract or otherwise.
USE OF THESE
PRODUCTS ASSUMES THAT YOU HAVE KNOWLEDGE OF PERFUMERY TECHNIQUES AND FULL
KNOWLEDGE OF THE SAFETY REQUIREMENTS IN THEIR HANDLING AND USE.
IT IS YOUR
RESPONSIBILITY TO PATCH TEST ANY PRODUCT PURCHASED FROM EVOCATIVE PERFUMES ON
BOTH CLOTH AND SKIN TO ENSURE THAT THERE ARE NO CONCERNS WITH STAINING OR
ALLERGIC REACTION.
KEEP ALL
PERFUMERY MATERIALS OUT OF REACH OF CHILDREN.