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Terms & Conditions

This website is operated by DesertEssence.com, LLC. All inquiries may be directed to:

DesertEssence.com
ATTN: Consumer Care Department
P.O. Box 14007
Hauppauge, NY 11788
800.645.5768
CustomerCare@DesertEssence.com

Your Use of This Website is Governed by These Terms and Conditions

Please take a few minutes to review these terms and conditions. Your use of the DesertEssence.com website constitutes your agreement to follow these rules and to be bound by them. Although you may "bookmark" a particular portion of this site and thereby bypass this Agreement, your use of this site still binds you to these terms and conditions. For this reason, we encourage you to review these terms and conditions whenever you use this site. If you do not agree with any of these terms and conditions, do not use the DesertEssence.com website.

These Terms and Conditions May Change

Desert Essence reserves the right to update or modify these Terms and Conditions at any time without prior notice. Your use of this website following any such change constitutes your agreement to follow and be bound by the Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use this website.

Copyright Notice

All of the content on the DesertEssence.com website, including without limitation, all of the page headers, images, illustrations, graphics and text (collectively, the "Content"), are subject and owned by or licensed to Desert Essence or one of its affiliates or subsidiaries. The entire Content of this website is copyrighted as a collective work under U.S. and international copyright laws, and Desert Essence owns a copyright in the selection, coordination, arrangement and enhancement of the Content.

The Content of this website, and the site as a whole, is intended solely for personal, noncommercial use. You may download, print and store selected portions of the Content, provided you (1) only use these copies of the Content for your own personal, non-commercial use, (2) do not copy or post the Content on any network computer or broadcast the Content in any media, and (3) do not modify or alter the Content in any way, or delete or change any copyright or trademark notice.

No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. Desert Essence retains all its intellectual property rights in any Content you download from this website.

You may not without the prior written permission of Desert Essence use any computer code, data mining software, "robot", "bot", "spider", "scraper" or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content found on this site or accessed through this site. You also may not: engage in the mass downloading of files from this site; use the computer processing power of this site for purposes other than those permitted above; or flood this site with electronic traffic designed to slow or stop its operation.

Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content without first obtaining written permission from Desert Essence.

Trademarks

Desert Essence owns numerous marks that are used in connection with the sale of Desert Essence products and services. You may not use Desert Essence trademarks and trade dress in connection with any product or service without the express permission of Desert Essence. All other trademarks not owned by Desert Essence or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Desert Essence or its affiliates.

You may not distribute products or offer services under or by reference to or otherwise use or reproduce any such trademarks, trade names or service marks, or use any meta tags or any other "hidden text" utilizing any such trademarks, trade names or service marks, without the express prior written permission of Desert Essence or the owner of such trademarks, trade names or service marks.

Submissions

We welcome your comments regarding the DesertEssence.com website. However, any comments, testimonials, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") sent to DesertEssence.com shall be and remain the exclusive property of Desert Essence. Your submission of any Comments shall constitute an assignment to Desert Essence of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Desert Essence will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.

User Submitted Content

(Including, but not limited to: text, photos, or video submitted in connection with Gift, Send-to-a-Friend messages or any other messaging service)

The DesertEssence.com message services available to our guests are subject to the following guidelines. Out of respect for all of our guests, we ask that you do not use obscene, profane or threatening language in messages. In addition, we ask that you do not submit or post photos, videos or other media that include obscene, profane or threatening images. Examples of the kinds of conduct or content that are prohibited in user-submitted content include:

  • The transmission of any content that could violate, or could facilitate the violation of, any applicable law, regulation or Desert
    Essence rule or policy.
  • The transmission of any content that is profane, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing,
    threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.
  • The impersonation of any person or entity in any part of a gift message.

You are solely responsible for the content of any messages and/or images you submit and Desert Essence assumes no liability for any content submitted by you. We may, but are not obligated to, restrict or remove any and all content from a message that we determine in our sole discretion violates these guidelines or is otherwise harmful to us, other DesertEssence.com guests or any third party. Desert Essence reserves the right to delete the content you provide at any time.

Any content you submit is for non-commercial use only. You must provide your actual email address in order to send your content. Any content you submit will be routed through the Internet and you understand and acknowledge that you have no expectation of privacy with regard to any content you submit.

Colors

We have done our best to display as accurately as possible the colors of the products shown on DesertEssence.com. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.

Product and Service Availability

Reference to any product or service on the DesertEssence.com website does not constitute an offer to sell or supply that product or service and does not mean that the product or service is available or that the name and description of any product from our wholesale distributors will be the same as that included on the website. Prepackaged gifts and kits are assembled individually and may vary slightly. Desert Essence reserves the right to substitute a product of equal value and nature if the original product becomes unavailable.

We cannot guarantee that a product listed as available will actually ship right away, as inventory can change significantly from day to day. In rare cases, a product may be in stock when you place your order, and sold out by the time your order is processed.

Shipping and Return/Replacement Policies

Our Shipping and Return/Replacement policies are posted on this website for your review. We request that you please read our policies thoroughly prior to purchasing products and merchandise from DesertEssence.com.

Product Pricing

Prices and availability of the products and services listed on the site are subject to change without notice. The prices displayed on DesertEssence.com are quoted in U.S. Dollars and are valid and effective only in the United States.

While Desert Essence strives to provide accurate product and pricing information, pricing or typographical errors may occur. In the event a product or service is listed at an incorrect price due to a typographical error, or any other reason, we shall have the right to refuse or cancel any order placed for such product or service at the incorrect price, even if the order has been confirmed and/or your credit card has been charged. In the event that an item is mispriced, Desert Essence may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. If your credit card has already been charged for the purchase and your order is cancelled, we shall promptly issue a credit to your credit card account in the amount of the incorrect price.

Gift Certificates

Gift Certificates can only be redeemed online at DesertEssence.com, toward the purchase of product. Gift Certificates may not be redeemed at retail stores. Purchases are deducted from the Gift Certificate balance. Any unused balance will be placed on the recipient's Gift Certificate account when redeemed. If an order exceeds the amount of the Gift Certificate, the balance must be paid with a credit card. Gift Certificates can not be reloaded, resold, transferred for value, redeemed for cash or applied to any other account. The risk of loss and title for Gift Certificates pass to the purchaser upon our electronic transmission to the recipient or delivery to the carrier, whichever is applicable. We are not responsible for lost or stolen Gift Certificates. DesertEssence.com will have the right to close customer accounts and request alternative forms of payment if a fraudulently obtained Gift Certificate is either redeemed through the DesertEssence.com website or is redeemed and used to make purchases on the DesertEssence.com website.

Order Acceptance

Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Desert Essence reserves the right, at our sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same DesertEssence.com account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied.

Some situations that may result in your order being cancelled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge.

Your Account

If you register for an account on DesertEssence.com, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. We cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. We reserve the right to delete or change any username or password at any time and for any reason. All information provided to us will be used in accordance with our Privacy Policy.

DesertEssence.com does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use DesertEssence.com only with involvement of a parent or guardian. Desert Essence reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.

Correction of Errors and Inaccuracies; Risk of Loss

The information on this website may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We apologize for any inconvenience this may cause you. The risk of loss and title to items purchased from DesertEssence.com pass to the purchaser upon our delivery to the carrier.

Enforcement of Terms and Conditions

By accessing and using the DesertEssence.com website, you agree that your access to and use of this website is subject to these terms and conditions, as well as all applicable laws, as governed and interpreted pursuant to the laws of the state of New York.