Terms & Conditions
Étoile Wellness, LLC
Effective Date: February 14, 2022
Please read these Terms & Conditions (“Terms” or “Terms & Conditions”) carefully before accessing or using our website (located at www.etoilewellness.com) or any of our Services, provided by Étoile Wellness, LLC (“Étoile Wellness”, "we" or "us"). Your access to and use of our website and of the products and services that Étoile Wellness may offer from time to time (“Services”) is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all website visitors, users and others who wish to access or use our website and our Services. By accessing or using our website or the Services, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you must not access or use our website or the Services.
1. PURCHASES
(a) If you wish to purchase any product or service made available through our website or the Services (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
(b) You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
(c) The Services may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
(d) We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: (i) product or service availability; (ii) errors in the description or price of the product or service; (iii) errors in your order; or (iv) any other reason in our sole and reasonable discretion.
(e) We reserve the right to refuse or cancel your order of Services if fraud or an unauthorized or illegal transaction is suspected.
2. AVAILABILITY, ERRORS AND INACCURACIES.
We frequently update our product and service offerings, so we may experience delays in updating information regarding the Services on our website, and in our advertising on other web sites. From time to time, information posted on our website or in our advertising may contain errors or inaccuracies and may not be complete or current. Services may be mispriced, described inaccurately, or unavailable and we cannot guarantee the accuracy or completeness of any information posted on our website or in our advertising. Therefore, we reserve the right to change or update information and to correct such errors, inaccuracies, or omissions at any time without prior notice.
3. PROMOTIONAL ACTIVITY.
Any marketing promotions (“Promotions”) made available through access or use of our website or the Services may be governed by rules that are separate from these Terms & Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms & Conditions, the Promotions rules will apply.
4. ACCOUNTS.
(a) Minimum Age. If you create an account with on our website or through use of the Services, you warrant that you are age 18 or above, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account and use of the Services.
(b) Account Confidentiality. You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
(c) Usernames. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without proper authorization. You may not use as a username any name that is offensive, vulgar or obscene.
(d) Right to Terminate. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole and reasonable discretion.
5. INTELLECTUAL PROPERTY.
Our website and the Services, including all original content, features and functionality are the exclusive property of Étoile Wellness, LLC unless otherwise designated and are protected by copyright, trademark, and other laws of both the United States and foreign countries.
(a) Copyright. All original content provided on our website and in connection with the Services is the copyright of Étoile Wellness, LLC or its content suppliers. It is prohibited to copy, reproduce, modify, display, republish, upload, post, transmit, distribute, alter, prepare any derivative works of, or otherwise use any material from our website or contained in the Services without the prior express written consent Étoile Wellness, LLC.
(b) Trademarks. Étoile Wellness’ trademarks and service marks may not be used in connection with any product or service that is not the property of Étoile Wellness, LLC, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Étoile Wellness. Other registered trademarks and trademarks used on our website are the property of their respective owners and are used herein solely for descriptive purposes.
6. LINKS TO OTHER WEBSITES.
Our website may contain links to third-party web sites or services that are not owned or controlled by Étoile Wellness, LLC. We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites unless otherwise stated. You acknowledge and agree that Étoile Wellness, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such third-party web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
7. TERMINATION.
We may terminate or suspend your account and bar access to our website and the Services immediately, without prior notice or liability, under our sole and reasonable discretion, for any reason whatsoever and without limitation, including but not limited to a breach of these Terms. If you wish to terminate an account you created with Étoile Wellness, you may simply discontinue using our website and the Services. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
8. INDEMNIFICATION.
You agree to defend, indemnify and hold harmless Étoile Wellness, LLC and its licensee and licensors, and their directors, employees, contractors, partners, agents, suppliers, or affiliates, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees), resulting from or arising out of your use and access of our website and the Services, by you or any person using your account and password, or a breach of these Terms.
9. DISCLAIMER.
Our website is provided by Étoile Wellness, LLC on as "as-is" basis. We make no express or implied representations or warranties of any kind, as to the operation of our website, or the content, information, materials, or products included in our website or in the Services. To the fullest extent permissible by applicable law, Étoile Wellness, LLC disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. Étoile Wellness, LLC will not be liable for any damages of any kind resulting from your access and use of, or inability to access and use, or unauthorized access and use of our website or the Services, including but not limited to direct, indirect, incidental punitive and consequential damages. Étoile Wellness, LLC does not warrant that our website will operate error-free or that our website or the networks and systems to which it connects is free or computer viruses and other harmful goods. If your use of our website or the Services results in the need for servicing or replacing equipment or data, Étoile Wellness, LLC shall not be responsible for those costs.
10. GOVERNING LAW.
Our website and the Services are created and controlled by Étoile Wellness, LLC in the Commonwealth of Massachusetts. As such, the laws of the Commonwealth of Massachusetts will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. By use of our website and the Services, you irrevocably consent for any and all disputes with the Company to the venue of the state or federal courts located in the Commonwealth of Massachusetts.
11. MODIFICATION OF THE TERMS.
We reserve the right, at our sole and reasonable discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least thirty (30) days’ notice prior to any new Terms taking effect. What constitutes a material change will be determined at our sole and reasonable discretion. By continuing to access or use our website or the Services after any revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, then you must not access or use our website or the Services.
12. MISCELLANEOUS.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms, as well as our Privacy Policy and other policies, whether communicated in writing, orally or electronically, and all of which are incorporated by reference into these Terms, constitute the entire agreement between us regarding our website and the Services and supersede and replace any prior agreements we might have had between us regarding our website and the Services.
If you have questions or concerns about these Terms & Conditions or access and use of our website and the Services, please contact us:
By email: [email protected]
By mail: Étoile Wellness, LLC, P.O.Box 1232, Sterling, MA 01564
By visiting this page on our website: https://etoilewellness.com/contact-us
