Aromatherapy (essential Oils)

1. THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY

THESE TERMS AND CONDITIONS (REFERRED TO AS, “TERMS” AS CONTEXT MAY REQUIRE) REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM WWW.hbnobulk.com (THE “SITE”), YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.

YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS SITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH IL HEALTH & BEAUTY NATURAL OILS CO., INC. ("HBNO"), OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS SITE OR ANY OF THIS SITE'S CONTENTS, PRODUCTS OR SERVICES BY APPLICABLE LAW.

These Terms apply to the purchase and sale of products and services through the Site. As used herein, “Products” shall refer to products offered on the Site, whether such Products are purchased by themselves or in conjunction with services. These Terms are subject to change by HBNO without prior written notice at any time, in HBNO’s sole discretion. Any changes to the Terms will be in effect as of the "Last Updated Date" referenced on the Site. You should review these Terms prior to purchasing any Product or services that are available through this Site. Your continued use of this Site after the "Last Updated Date" will constitute your acceptance of and agreement to such changes.

These Terms apply generally to the use of HBNO’s Site. You should also carefully review HBNO’s Privacy Policy before placing an order for Products or services through this Site.

2. Order Acceptance and Cancellation

Your electronic order confirmation, or any form of confirmation, does not signify HBNO’s acceptance of your order. You agree that your order is an offer to buy, under these Terms, all Products and services listed in your order. All orders must be accepted by HBNO, or HBNO will not be obligated to sell the Products or services to you. HBNO may choose not to accept orders at HBNO’s sole discretion, even after HBNO sends you a confirmation email with your order number and details of the items you have ordered. HBNO reserves the right to require additional information before processing any order. If an order appears fraudulent in any way, HBNO reserves the right to cancel the order, notify the card holder and the proper authorities. HBNO may discontinue selling any Product at any time without notice or approval from you.

3. Samples

You may request pre-ship samples (“Samples”) separately in addition to the quantities set forth in your order. You acknowledge that the Products provided by HBNO are sold “as is” and that you have not been induced by any statements or representations of any person with respect to the quality or condition of the Products and that no such statements or representations have been made. You are given the opportunity to inspect the Samples and notify HBNO if you will accept the Products in accordance with the Samples.

4. Packaging, Enclosures, Marking

You shall be responsible for the cost and expense of obtaining and using specific packaging or coding requested for any Products, as well as bear any liability with respect to the packaging.

5. Prices and Payment Terms

(a) All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a Product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include federal, state or local taxes, duties applicable to the provision of the Products or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. HBNO strives to display accurate price information, however HBNO may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. HBNO reserves the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

(b) HBNO may offer from time-to-time promotions on the Site that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

(c) Terms of payment are within HBNO’s sole discretion and payment must be received by HBNO before HBNO’s acceptance of an order. HBNO accepts Visa, MasterCard, American Express, Discover, PayPal, and wire transfer for all purchases. The billing address and shipping address must match for any purchases via credit card. You represent and warrant that (i) the credit card information you supply to HBNO is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order. You agree to pay HBNO all costs associated with receipt of wires.

6. Shipment, Delivery and Title

Unless otherwise stated on a specific product’s ordering page through this Site, HBNO offers free shipping on orders valued $100 or more within the lower 48 United States (i.e., excluding Alaska, Hawaii, United States territories and possessions and international shipments). For orders with free shipping, HBNO shall replace Products of such orders that are damaged while in transit. This policy is not applicable to orders lower than $100 which do not qualify for free shipping.

Notwithstanding the foregoing, except as otherwise specifically provided in any Order Form, confirmation or invoice (interchangeably referred to as “Invoice”), or these Terms, shipment of all Products shall be pursuant to Incoterms 2010. Title and risk of loss will transfer to you upon shipping. Shipping dates are based on conditions at the time of quotation and are subject to changes at the time the order is placed. All reasonable efforts will be made to fill orders within the time promised. In no event will HBNO be made to fill orders within the time promised. In no event will HBNO be liable for any consequential damages for delay in performance or failure to perform. In the absence of your instructions, HBNO will use its own discretion in choice of carrier. HBNO assumes no responsibility for loss or damage during shipment. All shipping risks are assumed and accepted by you. Because many instances may occur at your delivery address that are beyond HBNO’s control, you agree that any delivery confirmation provided by the carrier is deemed sufficient proof of delivery to the cardholder, even without a signature.

7. Insurance

Except for orders that qualify for free shipping, you shall maintain any and all insurance on the Products allocated by HBNO for shipment under this Agreement for not less than the value of the confirmed order, including all charges therein and any freight not included in the order confirmation covering against “All Risks”, providing coverage for all time in shipment from the time the Products are shipped until they are received by you.

8. Returns and Refunds

HBNO will accept a return of unopened Products for a refund of your purchase price, less the original shipping and handling costs provided such return is made within 30 days of delivery with valid proof of purchase and provided such Products are returned in their original condition. To return Products, you must call (530) 399-3782 to obtain a Return Merchandise Authorization ("RMA") number before shipping your Product. No returns of any type will be accepted without an RMA number.

You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment. HBNO therefore strongly recommends that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection.

Refunds are processed within approximately 10 business days of HBNO’s receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Site. HBNO OFFERS NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE.

9. Inspection; Nonconforming Goods

Once a Product is opened, a return may only be made if such Product is deemed a Nonconforming Good. You shall inspect Products received under this Agreement within ten (10) days of receipt of such Products (”Inspection Period”) and may reject any Nonconforming Goods discovered during the Inspection Period. You will be deemed to have accepted Products unless you provide HBNO with written Notice of any Nonconforming Goods within five (5) days following the Inspection Period, stating with specificity all defects and nonconformities, and furnishing such other written evidence or other documentation as may be reasonably required by HBNO (including the subject Products, or a representative Sample thereof, which you may contend are Nonconforming Goods). All defects and nonconformities that are not so specified will be deemed waived by you, such Products shall be deemed to have been accepted by you, and no attempted revocation of acceptance will be effective.

If you timely notify HBNO of any Nonconforming Goods, HBNO shall determine, in its reasonable discretion, whether the Products are Nonconforming Goods. If HBNO determines that such Products are Nonconforming Goods, HBNO shall, in its sole discretion, either:

(a) replace such Nonconforming Goods with conforming Products; or

(b) refund to you the amount paid by you to HBNO for such Nonconforming Goods returned by you to HBNO. You shall ship, at your expense and risk of loss, all Nonconforming Goods to HBNO’s facility located in Chico, California or to such other location as HBNO may instruct you in writing. If HBNO exercises its option to replace Nonconforming Goods, HBNO shall ship to your delivery location, at HBNO’s expense and risk of loss, the replacement Products.

THE REMEDIES SET FORTH IN THIS SECTION ARE YOUR EXCLUSIVE REMEDY FOR THE DELIVERY OF NONCONFORMING GOODS.

10. Chargeback Policy

All references to a "chargeback" refer to a reversal of a credit/debit card charge placed on //www.hbnobulk.com. There is no reason for a chargeback to ever be filed. If a credit is due, simply contact HBNO and HBNO will gladly issue it. Unnecessary chargebacks are theft and can be prosecuted. If you feel that your credit/debit card was used fraudulently on //www.hbnobulk.com, please contact HBNO for immediate resolution.

YOU AGREE THAT YOU WILL NOT CHARGEBACK ANY AMOUNTS CHARGED TO YOUR CREDIT/DEBIT CARD ON THIS SITE.

11. Warranty and Disclaimer

(a) HBNO does not manufacture or control all of the Products or services offered on HBNO’s Site. The availability of Products or services through HBNO’s Site does not indicate an affiliation with or endorsement of any Product, service or manufacturer.

ALL PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

THE FOLLOWING WARRANTIES AND DISCLAIMERS OF WARRANTIES SHALL SUPPLANT ANY AND ALL STATEMENTS SET FORTH IN ANY INVOICE OR OTHER AGREEMENTS BETWEEN HBNO AND YOU OR ANY PUBLISHED INFORMATION THAT PROVIDES OTHERWISE:

• (1) Disclaimer of Warranty of Title: Other than as set forth in the invoice, HBNO is selling only such right or title to the Products being sold as HBNO may have on the date this agreement is executed and disclaims any warranty of title to such Products.
• (2) Disclaimer of Warranty Against Infringement: HBNO makes no representations that the Products being sold are free of the rightful claim of any third person or party by way of infringement or the like and disclaims any warranty against infringement with respect to the Products.
• (3) Disclaimer of Express Warranty: HBNO has made no affirmation of fact or promise relating to the Products being sold that has become any basis of the bargain. Further, HBNO has made no statement, representation, affirmation of fact, or promise relating to the Products being sold that has created or amounted to an express warranty that the Products would conform to any affirmation or promise. Any description of the Products contained on this site is for the sole purpose of identifying the Products. No description of the Products being sold has been made part of the basis of the bargain or has created or amounted to an express warranty that the Products would conform to any description made by HBNO.
• (4) Disclaimer of Implied Warranty of Merchantability: HBNO makes no warranty of merchantability with respect to the Products being sold under this agreement. The intent of the parties is to disclaim any warranty of merchantability with respect to the Products, and you agree to accept the Products without any warranty of merchantability.
• (5) Disclaimer of Implied Warranty of Fitness: HBNO makes no warranty of fitness for any particular purposes whatsoever with respect to the Products being sold.
• (6) Disclaimer of All Implied Warranties: (I) There are no warranties, express or implied, which extend beyond the description on the face of this agreement. HBNO disclaims any implied warranty of merchantability with regard to any Products, and you agree that the Products are sold "as is." (II) The parties agree that, upon request, you will have the full right to examine, or refuse to so examine, an appropriate sample of the Products being sold via this site. HBNO disclaims any implied warranty as to the Products with regard to any defect which an examination by you would have revealed.

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

(b) Website Use: HBNO makes no representation, warranty, or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy, or completeness of any information on this site. HBNO does not represent or warrant that (A) the use of the site will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system, or data, (B) the site or HBNO's Products will meet your requirements or expectations, (C) any stored data will be accurate or reliable, (D) the quality of any Products, services, information, or other material purchased or obtained by you through the site will meet your requirements or expectations, (E) errors or defects will be corrected, or (F) the site or the server(s) that make the site available are free of viruses or other harmful components. The site and all its content is provided to you strictly on an "as is" basis. All conditions, representations, and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights, are hereby disclaimed to the maximum extent permitted by applicable law by HBNO.

(c) HBNO performs due diligence checks with their product but does not guarantee the purity of their Products. Although HBNO attempts to ensure the integrity and accuracy of the site, it makes no guarantees whatsoever as to the correctness or accuracy of the site. It is possible that the site could include inaccuracies or errors, and that unauthorized additions, deletions, and alterations could be made to the site by third parties. In the event that an inaccuracy arises, please inform HBNO so that it can be corrected. Information contained on the site may be changed or updated without notice.

12. Links or Pointers to Other Sites

HBNO makes no representations whatsoever about any other website that you may access through this site. When you access a non-HBNO website, please understand that it is independent from HBNO, and that HBNO has no control over the content on that website. In addition, a hyperlink to a non-HBNO website does not mean that HBNO endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, trojan horses, and other items of a destructive nature.

13. Links to HBNO’s Site

If you desire to provide a hyperlink from your website to HBNO’s site, please contact us at info@hbno.com.

14. Compliance with Laws

You agree to use your best efforts to comply with all federal, state, local, and foreign laws, orders, rules, regulations, and ordinances that may be applicable.

15. Limitation of Liability; Indemnification

IN NO EVENT SHALL EITHER PARTY BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SITE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SITE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SITE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN ANY INFORMATION CONTAINED HEREIN, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. HBNO shall not be liable for any consequential, special, direct, incidental, indirect, exemplary, punitive, enhanced or other damages incurred by you or any individual or entity that claims any such damages from delivery or use of any Product despite the fact that you may claim that the damage is foreseeable or that HBNO’s actions were negligent, grossly negligent or reckless. You shall indemnify and hold HBNO harmless with respect to any and all actions, claims, demands, judgments, recall campaigns and other customer satisfaction or corrective service actions, losses, costs, liabilities, damages, including, but not limited to, property damage, personal or bodily injury, or death, expenses and/or fees including attorney's fees, penalties and/or citations of whatsoever kind, character, or descriptions (“Claims”) that are incurred by or asserted against HBNO that are related in any way to, or arise in any way from, the Products which you had an opportunity to inspect and failed to reject, your breach of these Terms, or your negligence or willful misconduct. All Claims resulting from differences in quality, weights, shortages, damages or otherwise shall be made in writing within 10 days of delivery. Failure to make such a claim within that time period shall constitute an irrevocable acceptance of the shipment and an admission and/or acknowledgement that the Products shipped fully comply with these Terms. HBNO shall not be liable for losses or damages resulting from the storage, handling, consumption or processing of Products when under your control, or if you determine not to inspect such Products, which an examination by you would have revealed the need to make such a claim. Notwithstanding, HBNO’s liability shall be limited to repair, replacement, or the amount paid for any product plus $100.00 in liquidated damages per purchase through this Site.

16. Confidentiality

You acknowledge and agree that you may have access to certain Confidential Information. You acknowledge and agree that you will not, without the prior written consent of an authorized representative of HBNO, directly or indirectly disclose any Confidential Information to any third party or directly or indirectly use, exploit, copy or summarize any Confidential Information in any way except as necessary in connection with its transactions with HBNO. If requested, you shall require its employees to execute confidentiality agreements prohibiting use or disclosure of Confidential Information. “Confidential Information” means all information (regardless of medium) that is disclosed or otherwise made available to you by HBNO or its representatives or subcontractors at any time and that concerns HBNO in any manner, including its business, programs, Products, pricing, and other terms and conditions, software programs, computer codes, software documentation, methodology documentation, design concepts, blueprints, recipes and engineering data, manufacturing, packaging and shipping processes and technology, reference manuals, any knowledge, data or records concerning the operations, policies, procedures, personnel matters, finances, business and marketing plans, strategic and/or operational plans, company contracts, or any other information relating to the ownership and operation of HBNO and any of its affiliates; and any and all information, knowledge, data, or records concerning any officer, director, owner, shareholder, employee, agent, representative, consultant, client, or customer of HBNO.

17. Privacy

HBNO’s Privacy Policy, Privacy Policy, governs the processing of all personal data collected from you in connection with your purchase of Products or services through the Site.

18. Ownership, Proprietary Rights

You acknowledge that a Product and/or deliverables provided to you under these Terms may be original to HBNO or may incorporate intellectual property rights that are owned by Third Parties. HBNO agrees that all works of original authorship created by HBNO in connection with this Agreement are “works made for hire” as that term is issued in connection with the United States Copyright Act. To the extent that, by operation of law, HBNO owns any intellectual property rights in any of the Products and/or other deliverables, you acknowledge and agree that all rights, title, and interest, including copyrights and patent rights, in those particular Products and deliverables belong solely to HBNO, unless otherwise agreed by HBNO in writing.

19. Financial Condition

If you fail to make timely payment of any Invoice submitted to you, thereafter, HBNO shall be permitted to withhold placement of any other orders in its sole discretion without submission by you of a Letter of Credit to cover the cost of any future orders.

20. Force Majeure

HBNO will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in HBNO’s performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond HBNO’s reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to HBNO’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

21. No Setoff

You shall not, and acknowledge that you will have no right, under these Terms, any other agreement, document, or law, to withhold, offset, recoup, or debit any amounts owed (or to become due and owing) to HBNO or any of its affiliates, whether under these Terms or otherwise, against any other amount owed (or to become due and owing) to you by HBNO or its affiliates, whether relating to HBNO’s or its affiliates’ breach or non-performance of these Terms or any other agreement between you and HBNO or any of its affiliates, or otherwise.

22. Choice of Law and Venue