Echinacea Purpurea

Terms & Conditions

Please read these Terms and Conditions fully and carefully before using www.EchinaceaPure.com

(the “Site”) and the services, features, content, applications, or products offered by Echinacea Purpurea (“we”, “us”, “our”, or Echinacea Purpurea’s”) (together with the Site, the “Services”). These Terms of Service set forth the legally binding terms and conditions for your use of the Site and Services. We are authorized to add other Sites from time to time as we expand our product offerings and these Terms and Conditions govern your use of our Sites and your conduct, regardless of the means of access.

1. Eligibility

By accessing or using the Site, you confirm that you have read, understand, and agree, to be bound by these Terms and Conditions. In our sole discretion, we are allowed to refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms and Conditions comply with all laws, rules, and regulations applicable to you. The right to access the Services is revoked where these Terms and Conditions or the use of Services is prohibited, or to the extent where offering, sale, or provision of the Services conflicts with any applicable law, rule, or regulation. If you do not agree with the terms and conditions, you are not allowed to use our website.

2. Privacy

Please review Echinacea Purpurea’s Privacy Policy so that you can learn about our privacy practices.

3. Product Information and Services for Personal Use

The products displayed on the website can be ordered and delivered only within the Website and the specified markets.
All material and data presented on the Website or by Echinacea Purpurea are intended to be used for personal, educational, or informational purposes. All Products should be used strictly following the instructions, precautions, and guidelines. The statements and the products sold on the Website are not intended to cure, treat, diagnose, or prevent any condition or disease, or to serve as a substitute for professional medical advice. If you need medical attention, please consult a physician immediately.

The products and services available on the Website are only for personal use. We reserve the right, with or without notice, to cancel or reduce the quantity of any order or products and services to be provided to you that we believe, in our sole discretion, would result in the violation of our Terms and Conditions. Echinacea Purpurea is allowed to limit the number of products available for purchase, at our sole discretion.

Only people aged 18 years and over are eligible for the product. Echinacea Purpurea does not bring any responsibility for people under the stated age, and the consequences of their use of the product.

4. Accuracy of Information

We strive to be as accurate as possible when describing our products on the Website. However, we do not warrant that the product descriptions, colors, information, or other content available on the Website are completely accurate, complete, reliable, current, or error-free. This website is likely to contain typographical errors or inaccuracies, and might not be complete or updated. Therefore, Echinacea Purpurea reserves the right to correct any errors, inaccuracies, or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies, or omissions may relate to pricing and availability. We reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information. We apologize for any inconvenience.

5. Content

6. Availability of Content

Echinacea Purpurea does not guarantee that any Content will be made available on the Website. Echinacea Purpurea reserves the right to, but does not have any obligation to, (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service), or for no reason at all, and (ii) to remove or block any Content from the Services.

7. Limited Licenses

We grant you a limited, revocable, non-transferable, and non-exclusive license to access and make personal use of the Website. This limited license does not include the right to (a) republish, redistribute, transmit, sell, license, or download the Site or any and/or all Content (except caching or as necessary to view the Site); (b) make any use of the Site or any and/or all Content other than personal use; (c) modify, reverse engineer or create any derivative works based upon either the Site or any and/or all Content; (d) collect account information for the benefit of yourself or another party; (e) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure. Echinacea Purpurea reserves the right, at any time, without notice and in its sole discretion, to terminate your license and right to use the Services or the Website and to block or prevent your future access to it. Echinacea Purpurea is permitted to access, preserve and disclose your account information and Content if required to do so by law or in good faith, that such access, preservation or disclosure is reasonably necessary to (i) comply with legal process; (ii) enforce these Terms and Conditions, (iii) respond to any claims that any Content violates the rights of third parties, (iv) respond to your requests for customer services, or (v) protect the rights, property or personal safety of Echinacea Purpurea (and its employees), its users and the public.

8. Your Obligations and Responsibilities

When accessing or using the Website, you shall comply with these Terms and Conditions, and the special warnings or instructions for access or use posted on it. You shall always act following the law, custom, and in good faith. You are not allowed to make any change or alteration to the Website or any Content, or services that may appear on it and may not impair in any way the integrity or the operation of the Website. Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or willfully in any of the obligations outlined in these Terms and Conditions, you shall be liable for all the losses and damages that this might cause to Echinacea Purpurea, our parent company, subsidiaries, affiliates, partners or licensors.

As a client, your responsibilities include:

Choosing the right product for your purposes and needs;
Doing no intentional harm or making any attempt to damage the integrity, safety, and services of our company;
Providing a valid name, surname, postal address, phone number, and email address;
Making sure the order payment was carried out properly;
Personal and physical availability at the time of delivery;
Placing no fraudulent or fake orders;
If you are to provide feedback on the product, we kindly ask you to abstain from any false claims.

9. Third-Party Content

We are not responsible for the content of third-party websites or content (“Third Party Content”) linked to or taken from the Website. Echinacea Purpurea does not monitor, approve, or have any control over any Third- Party Content. Your linking to or content taken from any off-website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating off-website pages or any other websites linked to or from the Website. Also, we do not assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including their privacy policies or terms and conditions. Therefore, you should personally and carefully review the terms and conditions as well as the privacy policies of all off-website pages and other websites that you visit.

10. Copyright

You accept and agree that the content, materials, text, images, videos, graphics, trademarks, logos, music, software, and other elements available on the Website are property of Echinacea Purpurea and are protected by copyright, trademark, and/or other proprietary rights and laws. You agree not to sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify, or create derivative works from any content or materials on the Website. All of our Website's Content is Copyrighted by Echinacea Purpurea. All rights reserved. Except as expressly outlined in these Terms, no license is granted to you and no rights are conveyed by accessing or using the Website. All rights not granted under these Terms are reserved by Echinacea Purpurea.

11. Disclaimer of Warranties; Limitation of Liability

THE SITE, ITS CONTENT, AND SERVICES ARE PRESENTED "AS IS." WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE WEBSITE TERMS AND CONDITIONS OR THE SITE, ITS CONTENTS, AND SERVICES. YOU AGREE THAT WE WILL NOT BE RESPONSIBLE OR LIABLE IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE WEBSITE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION, OR OTHER MODIFICATIONS; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH THE PRESENCE OF OFF-WEBSITE LINKS ON THE SITE; (e) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE WEBSITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES (f) ANY INACCURACIES OR OMISSIONS IN CONTENT OR (g) EVENTS BEYOND OUR REASONABLE CONTROL. FURTHERMORE, WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OR DAMAGE OF PROPERTY, AND CLAIMS OF THIRD PARTIES. YOU FURTHER AGREE THAT NO CLAIMS OR ACTION IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) ARISING OUT OF, OR RELATED TO, THE USE OF THE WEBSITE OR THESE TERMS OF SERVICE MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATED TO SUCH CLAIM OR ACTION. IF YOU ARE DISSATISFIED WITH THE WEBSITE, TERMINATION OF YOUR USE OF THE SITE IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.

12. Indemnification

You agree to defend, indemnify and hold Echinacea Purpurea, from all claims, demands, losses, liabilities, costs, expenses, obligations, and damages including reasonable legal fees, arising out of (a) your misuse of the Website or its Services; (b) your violation of any of these Terms and Conditions; (c) a breach of your representations and warranties set forth above; (d) your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); or (e) any claim that any Content you submitted caused damage to a third party. This indemnification obligation will be in force even after the termination of these Terms and Conditions. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.

13. Waiver; Remedies

The omission of Echinacea Purpurea to partially or fully exercise any rights or the waiver of Echinacea Purpurea of any breach of these Terms and Conditions by you shall not prevent a subsequent exercise of such right by Echinacea Purpurea or be deemed a waiver by Echinacea Purpurea of any subsequent breach by you of the same or any other term of these Terms and Conditions. The rights and remedies of Echinacea Purpurea under these Terms of Service and any other applicable agreement between you and Echinacea Purpurea shall be cumulative, and the exercise of any such right or remedy shall not limit Echinacea Purpurea’s right to exercise any other right or remedy.

14. Disputes

With respect to any dispute, claim, or controversy regarding your use of the Site, or the Products you purchase through the Website, any dispute relating in any way to your use of the Website, these Site Terms of Use, or the relationship between the Parties (other than claims relating to the intellectual property rights of Echinacea Purpurea) shall be submitted to confidential arbitration and you agree to submit yourself to the jurisdiction and proceedings thereof. Arbitration means that an arbitrator will decide whether you will not have the right to a jury or a judge. It is further agreed that any dispute over the scope of this arbitration provision and any dispute as to whether a claim is arbitral shall be submitted to the arbitrator for decision. Notwithstanding the foregoing, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners, or licensors or otherwise have a cause of action in equity, we may seek injunctive or other appropriate relief in any court of competent jurisdiction and you consent to jurisdiction and venue in any such court for such purposes. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually, and (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other people.

15. Consent to Receive Notices by Posting on the Website Via Email or Phone.

You consent to receive any agreements, notices, disclosures, and other communications (collectively, “Notices”) from us electronically: by e-mail, phone, or by posting notices on this Website. You agree that all Notices that we provide to you satisfy any legal requirement. To withdraw your consent to receive Notices, you must notify us of your withdrawal by emailing us at [email protected]. Unfortunately, we cannot provide the benefits of this Website to any user that cannot consent to the receipt of Notices electronically. Please note that this consent to receive Notices is entirely separate from any election you may make with respect to receipt of marketing communications. Your options with respect to receipt of marketing communication are set forth in our Privacy Policy.

16. General

You acknowledge and agree that these Terms and Conditions (together with our Privacy Policy) constitute the complete and exclusive agreement between us concerning your use of the Website, superseding and governing all prior proposals, agreements, or other communications. We reserve the right, in our sole discretion, to change these Terms and Conditions at any time, post them on the Website, and provide notice of the change. Any changes come into force immediately upon posting on the Website and releasing a notice of the change. Your continued use of the Site thereafter constitutes your agreement to all new Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions.

Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or another form of joint enterprise between both sides. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole. However, these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision. The headings in the Terms and Conditions are for convenience only and shall not be used for its interpretation.

If you have any questions regarding these Terms and Conditions or the Privacy Policy please email us at [email protected]