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MoonEssence
Company Policies Company Policies

MoonEssence, Inc. is owned and operated in California, and this is the name that will appear on your statements when you order by credit card. The company was founded by Ted Giammona and Theressa (Terry) Bryant.

By accessing any areas of MoonEssence, Inc or moonessence.com, users ("users") agree to be legally bound and to abide by the terms set forth below. Moonessence.com is owned and operated by MoonEssence, Inc.  Any references herein to MoonEssence, Inc. or moonessence.com shall be deemed to refer to MoonEssence, Inc. as applicable under the circumstances.

I. DISCLAIMERS AND LIMITATION OF LIABILITY
User expressly agrees that use of moonessence.com is at user's sole risk. MoonEssence, Inc. or moonessence.com, nor their officers, directors, or employees, agents, third-party content providers, merchants, sponsors, licensors (Collectively, "Providers"), or the like, warrant that moonessence.com will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of moonessence.com, or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through moonessence.com.

THIS SITE IS PROVIDED BY MOONESSENCE.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS. MOONESSENCE.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MOONESSENCE.COM DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MOONESSENCE.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL PUNITIVE AND CONSEQUENTIAL DAMAGES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY neither MOONESSENCE.COM, NOR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE.

Under no circumstances shall moonessence.com or any other party involved in creating, producing, or distributing moonessence.com be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use moonessence.com, including but not limited to reliance by a user on any information obtained from moonessence.com or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to moonessence.com's records, programs, or services. User hereby acknowledges that this paragraph shall apply to all content, merchandise and services available through moonessence.com. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.

II. CONTENT
PROPRIETARY RIGHTS
User acknowledges that moonessence.com contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively "Content") that are protected by copyrights, trade marks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. user may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed.

THIRD-PARTY CONTENT
moonessence.com is a distributor and not a publisher of Content supplied by third parties and users. MoonEssence, Inc. has no more editorial control over such Content than does a public library or newsstand. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties, including Providers or any other user of moonessence.com, are those of the respective authors or distributors and not of MoonEssence, Inc. or its affiliates or any of their officers, directors, employees, or agents. Neither moonessence.com nor its affiliates, or any of their officers, directors, employees, or agents, or any third party, including any Provider, or any other user of moonessence.com guarantees the accuracy, completeness, or usefulness of any Content, nor its merchantability or fitness for any particular purpose. In many instances, the Content available through moonessence.com represents the opinions and judgments of the respective Provider, or user not under contract with moonessence.com. MoonEssence, Inc. neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on moonessence.com by any one other than authorized MoonEssence, Inc. employees. Under no circumstances shall moonessence.com, or its affiliates, or any of their officers, directors, employees, or agents be liable for any loss, damage or harm caused by a User's reliance on information obtained through moonessence.com. It is the responsibility of user to evaluate the information, opinion, advice, or other content available through moonessence.com.

III. ONLINE CONDUCT
User agrees to use moonessence.com only for lawful purposes. User is prohibited from posting on or transmitting through moonessence.com any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.

If MoonEssence, Inc. is notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content provided by User (e.g., through an author chat or online review),MoonEssence, Inc. may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from it's website. MoonEssence, Inc. may disclose any Content or electronic communication of any kind (I) to satisfy any law, regulation, or government request; (II) if such disclosure is necessary or appropriate to MoonEssence, Inc.; or (III) to protect the rights or property of MoonEssence, Inc. its Users or Providers.

MoonEssence, Inc. and moonessence.com reserve the right to prohibit conduct, communication, or Content that it deems in its sole discretion to be harmful to individual users, the communities that make up MoonEssence, Inc., or any rights of MoonEssence, Inc. or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither MoonEssence, Inc. nor its Providers can ensure prompt removal of questionable Content after online posting. Accordingly, MoonEssence, Inc., nor its affiliates, nor any of their officers, directors, employees, or agents, nor Providers shall assume liability for any action or inaction with respect to conduct, communication, or Content on moonessence.com.

IV. PRIVACY POLICY
In accordance with the terms of moonessence.com's Privacy Policy, MoonEssence, Inc. respects the privacy of its users.

V. TERMINATION OF USAGE
MoonEssence, Inc. may terminate user's access, or suspend any user's access to all or part of moonessence.com, without notice, for any conduct that MoonEssence, Inc. in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another user, a third-party Provider, a service provider, or moonessence.com.

VI. USAGE BY CHILDRENUNDER 16
MoonEssence, Inc. cannot prohibit minors from visiting moonessence.com. MoonEssence, Inc. must rely on parents, guardians and those responsible for supervising children under 13 to decide which materials are appropriate for such children to view and/or purchase.

MoonEssence, Inc. requires that all purchases be made either (A) by individuals 16 years of age or older, or (B) by minors under 16 through an authorized affiliated program which permits parents and other guardians to both pay for the purchases of minors, and give verifiable permission for such minors to purchase items on our site and for the collection by us of certain information in accordance with the terms of our privacy policy. EACH TIME YOU PURCHASE A PRODUCT AT MOONESSENCE, INC., YOU ARE REPRESENTING TO MOONESSENCE, INC. THAT YOU ARE EITHER (I) AN INDIVIDUAL13 YEARS OF AGE OR OLDER, OR (II) A MINOR UNDER 16 WHO IS PURCHASING THROUGH AN AUTHORIZED AFFILIATED PROGRAM WHICH PERMITS PARENTS AND OTHERGUARDIANS TO BOTH PAY FOR THE PURCHASES OF MINORS, AND GIVE VERIFIABLEPERMISSION FOR SUCH MINORS TO PURCHASE ITEMS ON OUR SITE AND FOR THE COLLECTIONBY US OF CERTAIN INFORMATION IN ACCORDANCE WITH THE TERMS OF OUR PRIVACYPOLICY.

VII. APPLICABLE LAW
This site is created and controlled by MoonEssence, Inc. in the State of California of the United States of America. As such, the laws of the United States of America's Federal laws will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. MoonEssence, Inc. reserves the right to make changes to its site and these disclaimers, terms and conditions at any time.

VIII. SEVERABILITY

The provisions of these Terms of Use are intended to be severing able. If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction. ACKNOWLEDGMENT The Terms of Use, including all documents referenced herein represents the entire understanding between you and MoonEssence, Inc. regarding your relationship with moonessence.com and supersedes any prior statements or representations. YOU AGREE TO BE BOUND BY THE TERMS OF USE by using the moonessence.com web site. The aforementioned Terms of Use are subject to change.

 

IMPORTANT NOTE: Orders cannot be cancelled or changed once confirmed as processed by our system. We cannot guarantee that email requests for cancellations will be processed.

We use UPS to ship our products and they cannot deliver to a PO Box address. Therefore we can only ship to a physical address and apologize for any inconvenience this may cause. Under special circumstances we can ship via USPS but these shipments cannot be tracked and, therefore, we cannot guarantee successful delivery on these shipments. For further information please call our office at (707) 763-5363.

What determines the time it takes to get my orders?

MoonEssence, Inc.'s handmade products are more than just a name. Our products are fresh and handmade and use the most natural raw materials available - think of your local supermarket and you'll get the idea. We do not keep a significant amount of Finished Good Inventory on-hand at any one time. We will fill and ship any order promptly. Due to the nature that we run out or are out of stock of an item, we will notify the user/customer. We do not backorder products.

Order Processing and Shipping Times

All order payments are processed the next business day (subject to credit approval). Following successful payment approval, we strive to have your package shipped as quickly as possible. Please review the table below for approximate processing and shipping times. If you have any questions about this policy, please call us at 1-707-763-5363. Please note that the delivery times quoted are based upon normal business volumes. During times of heavy volume (Holidays!), all services can take up to five (5) business days longer. Please note Hawaii and Alaska are only available via Express shipping - no ground service is available. Business days exclude weekends and holidays.

Order Cancellation and Changes

We do not normally accept order cancellations or changes once an order has been processed via our web-site or by phone. If you email us with instructions to cancel your order, we can make no guarantee that this cancellation will be processed as requested. If you have a question about your order, please contact us at 1-707-763-5363 and quote your order number.

Return Inquiries

If you have a concern about your order, please contact us at 1-707-763-5363 and one our staff members will help you. Do not return your product prior to talking to a staff member. If you qualify for an online credit, exchange or refund, shipping and handling fees are non-refundable.

New USPS Regulation

Due to "Heightened Security" measures all packages over 16 oz. going to an APO/FPO address will be returned to sender if they are not presented in front of a USPS clerk.

Shipment Tracking

Shipment tracking is a service provided by the carrier chosen for the delivery of your package. Each carrier assigns a unique tracking code to your package once that package is recorded as being in their system, i.e. has actually left our distribution warehouse. MoonEssence, Inc. is given access to these tracking codes by the carrier once a package is shipped. Until the carrier assigns these tracking codes, MoonEssence, Inc. cannot provide you access to tracking codes. Our system will automatically send you an email with your tracking number; however, these are sometimes not activated by the carrier until up to 72 hours after you receive the email.

Special Instructions for Delivery

MoonEssence, Inc. cannot accommodate special instructions for delivery such as “leaving at the side-door” or “leaving with the concierge” that are entered by customers in the comment field of the orders. UPS does not accommodate these special instructions and MoonEssence, Inc. is bound by the services provided by each courier. Please do not enter delivery instructions in the comment field of the order as these will not be taken into consideration when your packages are shipped.

Change of Shipping Address

Typically, MoonEssence, Inc. cannot accommodate shipping address changes once an order has been placed and confirmed by email as processed. UPS does accept shipping address changes while a package is in transit as long as the package is not out for delivery. MoonEssence, Inc. cannot contact UPS to make shipping address changes on behalf of the receiver. The receiver must contact UPS directly and notify them of the change - UPS requires that the receiver provide the tracking number for their package to complete the address change. UPS can be contacted at 1-800-PICK-UPS (742-5877)

UPS Shipping Policies / Terms and Conditions of Service

For shipments to the US, we use the services of UPS. As such, we are bound by the terms and conditions of their service. We would like to bring your attention to the following specific terms of this service:

Special Instructions for Delivery

UPS cannot accommodate special instructions for delivery such as “leaving at the side-door” or “leaving with the concierge”. MoonEssence, Inc. cannot be responsible for providing UPS with special instructions for delivery that are entered by the customers in the comment field of orders.

Deliveries Attempted Three Times

UPS attempts to deliver a package three times. If on the 3 rd attempt, delivery is unsuccessful, UPS will send a postcard via U.S.P.S. to the receiver notifying them of the package and the attempted deliveries.

Special Handling of Undeliverable Packages

Shipments refused by the consignees, or which for any other reason cannot be delivered, will be held, and UPS will attempt to contact the shipper for further instructions. The shipper will be responsible for payment of all charges, including, but not limited to, forwarding, disposal, or return transportation charges, as well as any duty and tax, if applicable.

In addition, keep in mind that UPS does not reimburse us for any damaged liquid product (perfumes, liquid shampoos, and shower gels). If you live in an area prone to freezing temperatures, you should ensure that there is someone at your shipping address to accept the package. MoonEssence, Inc. does not accept responsibility for products that are melted or frozen after they leave our warehouse.

For a complete list of UPS Terms and Conditions, please click here

Shipping Charges

All Shipping charges are based on the type of service selected, the weight of the shipment and the delivery destination. Not all services are available to all areas. Please note, Hawaii and Alaska are only available via EXPRESS shipping - ground service is not available.

Tax

All customers from California will be charged sales tax. There is no tax on the orders going out of the state of California.

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