Terms of Service

 1. Introduction

1.1 Agreement Acceptance

We appreciate your diligence in reviewing our terms and conditions (henceforth referred to as "Agreement"). We are Essence Tranquil (EssenTranq) LLC (referred to as "we," "us," and other similar expressions). Through our online store, we offer a variety of products related to mind-body-spirit, including meditation and relaxation products, energy-balancing products such as crystals, spiritual practice tools, music and sound therapy products, spiritual artwork and home decor, spiritual gifts, and gift cards. (referred to as the "Website").

The terms set forth herein dictate the permissible use of our Website and the terms of any purchases made through it. "You" and similar terms refer to any person or entity utilizing the Website.

Your continuation to access or use the Website, or your act of purchasing goods from it, signifies your agreement to be bound by the provisions of this Agreement. If you do not consent to these terms, you are not authorized to proceed with any purchases or use the Website.

You are responsible for reviewing and ensuring that you understand and agree to the latest terms as we may update them from time to time.

1.2 Communication
For inquiries regarding this Agreement, please contact us via email at support@essentranq.com.

2. Disclaimer
You acknowledge: 
(a)  The goods advertised on our online store are often sourced from international suppliers and may not be immediately available in stock.

(b) There may occasionally be bugs and errors on the Website that do not significantly impair its overall functionality.

3.Website Usage

3.1 Website Access
You understand and concur that the Website:
(a) Is accessible solely through the internet and not through any offline means on your devices.

(b) Runs on servers that are managed by a third party, which means certain functions, including data storage and payment processing, are beyond our control.

3.2 Inaccuracies and Service Interruptions
You acknowledge and agree that there may be technical or administrative errors in the information on the Website, including but not limited to errors with respect to product description, pricing, and availability.

From time to time, without notice, access to all or part of the Website may be disrupted or limited. During such an interruption, we will use reasonable endeavors to restore access to the Website as soon as practicable.

We reserve the right to upgrade, maintain, tune, backup, amend, add to or remove products from, redesign, improve or otherwise alter the Website at our sole and absolute discretion.

3.3 Security Responsibilities
We commit to implementing reasonable security protocols, in line with industry standards, including SSL encryption for payment details transferred to payment gateways.

3.4 Your Responsibilities
You are prohibited from:
(a) Unauthorized access or interference with any part of the Website;
(b) Altering or disrupting the Website in any way;
(c) Providing false information;
(d) Sending harmful software or disruptive features to or through the Website;
(e) Deliberately bypassing any Website protection measures;
(f) Using the Website in a manner that could damage our or any other network;
(g) Facilitating or assisting others to commit the above acts.

3.5 Account Creation
Where you wish to create an account on our website, you acknowledge and agree that you are required to provide us with personal information and any other information reasonably requested by us for the purpose of setting up your account.

You warrant that all of the information you provide to us is accurate and complete in all respects, you will inform us by updating your account details whenever any such information changes and you will not provide false or misleading information.

You agree not to request or allow another person to create an account on your behalf, for your use, or for your benefit. You also agree not to disclose your account security credentials to another person or permit them to access your account on your behalf. You are responsible for the activities undertaken using your account which occur via our website, whether such activities are authorized by you or not.

We reserve the right to reject any new account at our absolute discretion.

4. Purchases
4.1 Order Process
All prices on our Website are shown in United States Dollars.

Prices for products presented on this Website are provided as an invitation to treat. The final price of the products you purchase is calculated at checkout and may include additional costs such as taxes, delivery charges, and insurance.

The price shown at the time you enter your payment details is the total price of the order notwithstanding the individual products purchased may have been presented on the Website at a lower price.

By entering your payment details you are making an offer to us on the terms and conditions set out in this Agreement. We are under no obligation to accept an offer. Acceptance of your offer is deemed once we confirm your shipment with our suppliers or fulfillment centers and notify you.

If you identify an error in the order you may contact us and if your shipment has not been confirmed, we will wherever possible amend the order.

4.2 Payment Terms 
In purchasing products from us, you agree to abide by the terms and conditions imposed by your financial institution (including buy now pay later providers) and pay the amounts in relation to the transactions you authorize on this Website.

While we use only reputable payment gateway providers, we are not liable for any act or omission of the payment gateway provider you select at checkout. You are responsible for the payment of any goods and services, or value-added taxes which are presented to you at the time of making an order.

4.3 Delivery Terms
We endeavor to deliver the products you purchase within the time specified when you make an order. However, delays may occur in our delivery and fulfillment services from time to time. Should you encounter a delay in delivery you can contact us via the email address set out above so we can investigate the reason for the delay in delivery.

We reserve the right to dispatch the products you purchase in more than one delivery. Upon delivery, if the courier considers it unsafe to leave the package it will be delivered to the collection point nearest the shipping address on your order. We are not liable for any loss or damage that occurs in the delivery of the products.

4.4 Availability
Product availability may vary, and if we can't fulfill an order, we will notify and reimburse you for the product.

4.5 Promotions
From time to time and at our sole discretion we may make available to you the use of discount codes and redeemable gift cards. Discount codes and gift cards are redeemable when you place your order and on the conditions upon which those discount codes and gift cards were offered.

4.6 Returns and Defects
Purchases are final, subject to our refund policy or mandatory consumer protection laws. Any defects purportedly present in the product must be reported to us in writing within 7 days of the product being delivered.

5. Data Privacy
"Personal Information" refers to any data or opinions related to an individual who can be identified, regardless of the truth or physical form of that information.
By using our services, you provide consent for us to process your Personal Information in line with our privacy policy. We reserve the right to modify our privacy policy at our discretion. Any changes to the policy will be updated on our Website.

6. Intellectual Property
When we talk about Intellectual Property we mean all present and future rights conferred by statute, common law, or equity (and all moral rights) in or in relation to business names, circuit layouts, computer software, confidential information, copyright, designs, domain names, formulas, inventions, know-how, patents, plant varieties, recipes, trademarks, and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic field, the benefit of any application to register such a right and the benefit of any renewal or extension of such a right (Intellectual Property).

We own or have a license to use all the Intellectual Property in the Website. You warrant that you will not do any of the following, or permit any person over whom you have effective control to do so:

(a) Copy or reproduce, or create an adaptation or translation of, all or part of the Website in any way, except to the extent that reproduction occurs automatically through the ordinary use of the Website;

(b) Incorporate all or part of the Website in any other webpage, site, application or other digital or non-digital formats;

(c) Sell, license, sublicense, lease, rent, distribute, disclose, permit access to, or transfer to any third party, whether for profit or without charge, any portion of the Website on any medium; or

(d) Directly or indirectly copy, recreate, decompile, reverse engineer or otherwise obtain, modify or use any source or object code, architecture, or algorithms contained in the Website or any documentation associated with them.

7. Warranties
You warrant you are over the age of 18, have the requisite authority to enter into this Agreement, and have the authority to use the payment method you select.

We warrant the products are free from material defects, fit for their intended purpose, are of merchantable quality, meet the description of the product as set out on the Website, and are delivered free of liens or encumbrances.

References to non-excludable conditions mean any guarantee, condition, or warranty (such as the consumer guarantees implied by the Competition and Consumer Act 2010 (Cth)), which cannot by law be excluded (Non-Excludable Condition).

Subject to the Non-Excludable Conditions, all other conditions, and warranties, statutory or otherwise and whether express or implied, are hereby excluded, and no guarantee, other than that expressly contained in this Agreement, applies to the product. We make no warranties or guarantees:

(a) the Website is of acceptable quality or fit for a particular purpose;

(b) regarding your access to, or the results of your access to, the Website including its correctness, accuracy, timeliness, completeness, reliability, or otherwise.

8. Limitations of Responsibility
8.1 Limitation of Liability
Except for Non-Excludable Conditions, we exclude liability for any direct or indirect losses incurred by you under this Agreement, including but not limited to:
(a) Inaccessibility of the Website;
(b) Misuse of the product;
(c) Loss or corruption of data;
(d) Website security flaws;
(e) Negligence on your part regarding the Website or product;
(f) Unauthorized Website activities;
(g) Your violation of this Agreement;
(h) Any action or failure by you or your affiliates under this Agreement.

8.2 Restriction of Liability
In the event of a Non-Excludable Condition, our liability is limited to:
(a) For goods, re-supply, or the costs of re-supply or repair, or payment for these actions; and
(b) For services, the re-supply of the services or the cost of re-supply.

9 Indemnity
You agree to indemnify us and our affiliates against all losses arising from your use of the Website, including:
(a) Violation of this Agreement;
(b) Infringement of any third party's Intellectual Property Rights;
(c) Any third-party claims or damages resulting from your use of the Website.

10. Termination
This Agreement may be terminated by us without notice if:
(a) You breach this Agreement;
(b) Our provider ends their contract with us.
Upon termination, we will refund any payments for goods not yet received by you.

11. General Terms
We may transfer our rights under this Agreement without your approval.
This document represents the entire understanding between the parties and supersedes all previous agreements regarding this subject.

"Event of Force Majeure" covers events beyond our control, which suspends our obligations, except for payment obligations, during such events. If such an event persists for more than 30 days, either party may terminate this Agreement.

This Agreement is governed by the laws of the laws of the United States of America.

Notices will be sent electronically to the provided email addresses. By accepting these terms, you consent to electronic communication.

If any part of this document is found unenforceable, it will be removed to the extent necessary to make the rest enforceable, unless it significantly changes the document's effect.

We may change this Agreement at any time, with updates posted on our Website.