TERMS AND CONDITIONS OF SALE
DISCLAIMER: These digital downloads, aromatherapy jewelry, books and other programs are intended as educational material for personal growth, and software for stress reduction and balanced wellbeing. They have been found to be very safe and helpful when used for energetic, educational and entertainment purposes.
They are not medical in nature, nor do we offer any medical or professional advice. They are not drugs or ingestible products nor do they contain any ingestible physical substances. They are simulations or aromatherapy oils only. The digital files are for educational and entertainment purposes only. We make no claim, promise or guarantee of results. Since you may experience a relaxed state using our software, jewelry and aromatherapy products, we recommend using extreme caution when operating a motor vehicle or heavy machinery where full attention is needed.
If you are mentally ill, under psychiatric care, or suffer seizures when viewing certain video apps, you need to check with your doctor to see if these products are appropriate for you.
You need to be 18 years of age or older to order these products.
Prices of all products subject to change without notice.
I. TERMS AND CONDITIONS
1. These Terms and Conditions shall apply to sales of Goods from iBlissnow.com, hereafter known as the “seller” to the Buyer to the exclusion of all other terms and conditions referred to, offered or relied on by the Buyer whether in negotiation or at any stage in the dealings between the parties, including any standard or printed terms tendered by the Buyer, unless the Buyer specifically states in writing, separately from such terms, that it wishes such terms to apply and this has been acknowledged by the Seller in writing.
2. Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
II. PRICE AND PAYMENT
1. The price shall be the Recommended Retail Price less any agreed discount, unless otherwise agreed in writing between the parties. The price is exclusive of VAT or any other applicable costs.
2. Any offer of Credit Terms for any non-downloadable items will be at the sole discretion of the Seller.
3. Payment will be required before release of goods by the Seller.
Any description given or applied to the Goods is given by way of identification only and the use of such description shall not constitute a sale by description. For the avoidance of doubt, the Buyer hereby affirms that it does not in any way rely on any description when entering into the contract.
Where a sample of the Goods is shown to and inspected by the Buyer online or by any other means, the parties hereto accept that such a sample is representative in nature and the bulk of the order may differ slightly as a result of the manufacturing process.
1. Unless otherwise agreed in writing, delivery of the Goods shall take place by download from the seller’s website(s) or delivered to the address specified by the Buyer on, or as close as possible to the date required by the Buyer. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
2. Any downloads not delivered, or product damages, shortages, over deliveries and duplicated orders should be reported to the Seller within 14 days of signed receipt to enable replacement or refund. All downloads and electronic products are sold without refund.
Risk in the Goods shall pass to the Buyer upon receipt of the goods.
iBlissnow is a Nevada LLC. located in Las Vegas, Nevada. By buying products from iBlissnow you agree that you will abide by Nevada State law, and have been notified here that if you have a legal issue with iBlissnow you will have to travel to Nevada to bring a lawsuit against the LLC.
Title in the Goods shall not pass to the Buyer until the Seller has been paid in full for the Goods.
VIII. RETURN OF UNUSED GOODS
1. All goods are sold on a firm sale basis, i.e. the Seller will not take back any goods not required or sold by the Buyer, unless otherwise agreed, in which case the following terms apply.
2. Any returns must be authorized by a representative of the Seller before any credit will be given.
3. Where the Seller agrees to accept the return of goods that are not damaged the Buyer will be responsible for the cost of carriage and will ensure that they are carefully packaged to avoid any damage in transit. The Seller will not be obliged to accept any goods that are damaged in any way. The Seller will only accept returns that appear in the Sellers current Publication List.
4. Credit of amounts due or paid in will only be given for goods that are in saleable condition.
IX. LIMITATION OF LIABILITY
1. The Seller shall not be liable for any or all loss or damage suffered by the Buyer in excess of the contract price.
2. Nothing contained in these Terms and Conditions shall be construed so as to limit or exclude the liability of the Seller for death or personal injury as a result of the Seller’s negligence or that of its employees or agents.
X. INTELLECTUAL PROPERTY RIGHTS
Intellectual Property Rights produced from or arising as a result of the performance of this Agreement shall remain the absolute property of the Seller, and the Buyer shall do all that is reasonably necessary to ensure that such rights vest in the Seller by the execution of appropriate instruments or the making of agreements with third parties.
XI. FORCE MAJEURE
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.
If the delay persists for such time as the Seller considers unreasonable, it may, without liability on its part, terminate the contract.
XII. RELATIONSHIP OF PARTIES
Nothing contained in these Terms and Conditions shall be construed as establishing or implying any partnership or joint venture between the parties and nothing in these Terms and Conditions shall be deemed to construe either of the parties as the agent of the other.
XIII. ASSIGNMENT AND SUB-CONTRACTING
The contract between the Buyer and Seller for the sale of Goods shall not be assigned or transferred, nor the performance of any obligation sub-contracted, in either case by the Buyer, without the prior written consent of the Seller.
The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions of this Agreement.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
XVI. EVALUATIONS RETURN POLICY:
A 20% restocking fee of all hard goods sold by Seller will be charged if the goods are not rejected within the 14-days evaluation period.
Seller gives 14 days limited warranty, unless otherwise specified, from the date of delivery. The warranty will not apply to those goods that are damaged due to misuse, abuse, negligence or notification by any party other than Seller.
XVIII. LIMITATION OF DAMAGES:
In no event shall Seller by liable for (i) special, indirect, consequential, or punitive damages including but not limited to labor costs incurred by the Buyer or (ii) any damages whatsoever resulting from loss of use. In no event shall Seller’s liability exceed the purchase price of the goods
XVIX. ATTORNEY FEE PROVISION:
In any litigation, arbitration, or other proceeding by which one party either seeks to enforce its rights under this Sales Contract or seeks a declaration of any rights or obligations under this Sales Contract, the prevailing party shall be awarded reasonable attorney fees, together with any costs and expenses, to resolve the dispute and to enforce the final judgment.
XVX. CHOICE OF LAW AND FORUM:
This Agreement, and any dispute arising from the relationship between the parties to this Agreement, shall be governed by California law. Any dispute that arises under or relates to this Agreement shall be resolved in Marin County Superior Court.
Account Password and Security
1. Registration for Blog, News, Free Downloads and other content
As part of certain optional registration processes on the iBlissnow website, you will create an account or change or add information about your account. You agree (a) to provide true, accurate, current and complete information about yourself, or if you are using the Site on behalf of an entity, the entity, as prompted by each registration form (the “Registration Data”); and (b) to maintain and promptly update the Registration Data to keep it true, accurate, current and complete. In the event of any dispute between two or more parties as to account ownership, you agree that iBlissnow shall be the sole arbiter of such dispute in its discretion and that iBlissnow’s decision (which may include termination or suspension of any account subject to dispute) shall be final and binding on all parties.
You are responsible for maintaining the confidentiality of your password and account details, and are fully responsible for all activities that occur under your account, including without limitation, all actions by sub-users registered under your account. You agree to immediately notify iblissnow of any unauthorized use of your password or account or any other breach of security.
3. Age Restrictions.
iBlissnow is concerned about the safety and privacy of children. For this reason you must be at least eighteen (18) years of age, or the legal age of majority where you reside, to purchase the products.
1. Site Content
You agree that all material, including without limitation information, data, text, editorial content, design elements, look and feel, formatting, graphics, images, photographs, videos, music, sounds and other content (collectively, “Content”), contained in or delivered via the website or products otherwise made available by iBlissnow in connection with the Products (collectively, “Site Content”) is protected by copyrights, trademarks, service marks, trade secrets or other intellectual property and other proprietary rights and laws. iBlissnow owns the Site Content or portions of the Site Content that include photos or graphics may be made available to iBlissnow through arrangements with third parties. The compilation of all Site Content included in or made available through the Services is the exclusive property of iblissnow and is protected by copyright laws.
iBlissnow and PayPal will not share any Payment Data. “Payment Data” means any full credit card number or other full payment account number and the related expiration date and security code entered by a product purchaser so long as such information is entered in the fields under “Payment” on the order payment page. Note that if a purchaser enters such information in other areas of the website it may not be encrypted and may be automatically shared with others viewing the site.
iBlissnow LLC, 2019