Please read these Terms of Use carefully before using this website (“Site”) and print a copy for your records. This Site is provided to you by Union-Nature Inc. (“Whose products are distributed under the Divine Essence ® brand”). Your access to and use of this Site is subject to these Terms of Use. By accessing and using this Site you (“you”) agree to be bound by these Terms of Use whether or not you have read them. If you do not agree to these Terms of Use, do not access or use this Site.Union-Nature Inc. may at its sole discretion modify these Terms of Use at any time and such modifications will be effective immediately upon being posted on this Site. Please check these Terms of Use periodically for any modifications. If you do not agree to any modifications of these Terms of Use, you must immediately stop using this Site. Your continued use of this Site following posting of the modifications will indicate your acceptance of these modified Terms of Use.

 

 

AVAILABILITY

The services and functionalities provided on this Site are provided for your convenience only and may be modified or removed at any time from this Site, or they may be unavailable from time to time.

 

RELIANCE ON INFORMATION

This Site may include inaccuracies or typographical errors that may be corrected as they are discovered at Union-Nature Inc. ‘ sole discretion.

 

CHANGES TO THIS SITE

Changes may be made at any time to the information, names, text, software, images, pictures, games, logos, trade-marks, functionalities, products and services and any other material displayed on, offered through or contained on this Site.

 

PRIVACY POLICY

Union-Nature Inc. personal information practices on this Site are governed by Union-Nature Inc. privacy statement. Please review this privacy statement and print a copy for your records. This Site does not intend to target or collect personal information from individuals under the age of majority.

 

STANDARD TERMS AND CONDITIONS OF SALE

 

Prices

 

Amount

The purchase price for each product appears adjacent to it on the Site. All prices are in USD (United States Dollars).

Shipping costs

Shipping and delivery charges and applicable taxes are extra (unless we state that shipping is included) and will be shown on screen before you confirm your order.

Duty & Sales tax

Applicable Duty & Sales taxes (where applicable) are extra and will be collected at time of delivery by the shipping carrier.

Price changes

Union-Nature Inc. reserves the right to modify the prices of products on the Site at any time, without prior notice.

Boutique prices

Prices for products offered on the Site may differ from prices for the same products sold in stores, and you will have no recourse against Union-Nature Inc., if the price difference is not in your favour or if you could have taken advantage of better sales terms had you made your purchase elsewhere or at another time.

 

 

CREDIT CARD PAYMENT

 

Credit cards accepted

The Site accepts the following credit cards only: Visa, MasterCard and American Express.
We reserve the right to stop accepting credit cards from one or more issuers at any time.

Validity and authenticity

You must use a valid and authentic credit card on the Site, and be an authorized user. If the charge is not approved or accepted, we reserve the right to cancel your order without notice, with no liability or obligation. We reserve the right to contact the issuer for authorization if we suspect that a card is being used fraudulently.

 

 

RETURN AND REFUND POLICY

Please contact us within 5 business days from the reception of your order to report any errors, broken bottles or defective diffusers in your order. No claims will be accepted after this deadline. No returns are accepted for products sold in non-standard formats.  Any returned products must be in their original condition upon shipment, unused and with their security seal intact. A 20 % administration/handling fee will be applied to most return requests. For authorization to return a product, please contact our Customer Service Department at 1-888-344-9676.

 

 

PRODUCT AVAILABILITY

 

Inventory

Union-Nature Inc. does not under any circumstances guarantee that products offered on the Site are available in inventory. If Union-Nature Inc. is not able to deliver any of the items you order because they are out of stock, we will refund the amount charged to your credit or debit card for these products and send you a refund confirmation by email.

 

Damages

Union-Nature Inc. will not be responsible at any time for any damages that you may incur because products are out of stock.

 

 

PRODUCT DELIVERY

 

Address

Union-Nature Inc. will deliver items you purchase to the address you provide in your order.

Shipping fees

Shipping fees appear on the screen before you confirm your order.

Delivery times

Union-Nature Inc. strives to have orders delivered as quickly as possible once your order is accepted, using the delivery method you select on the Site. Delivery times will vary based on the shipment destination, delivery method selected and availability of products in inventory. Delivery time calculations are from the shipment’s departure from the Union-Nature Inc. premises.

Deliveries

Product deliveries are subject to the corporate policies of the delivery companies used by Union-Nature Inc., which presently include Canada Post and the corporate policies of other delivery companies that Union-Nature Inc. may use from time to time. Policies concerning the signature of delivery receipts will apply to you. If you select the “deliver without signature” option in Step 2, you authorize Union-Nature Inc. and the shipper to leave your package in a safe place without first obtaining a signature and you will not need to worry about having someone present at the time of delivery. Selecting the “deliver without signature” option means that you irrevocably accept that a) Union-Nature Inc. and its designated shipper will deliver your package(s) as indicated in the “shipping address” section without obtaining your signature or the signature of a third party as long as the declared value of the shipment does not exceed $100; b) presentation by Union-Nature Inc. or its shipper of a delivery receipt showing the specified place and shipper’s signature release number constitute proof of proper delivery in accordance with your instructions; and c) you specifically waive the right to seek any recourse against Union-Nature Inc. and/or its designated shipper in the event that you do not receive your shipment(s) when proof of delivery has been provided. In addition, you will be responsible for recovering the products in accordance with the rules of one or both of the abovementioned companies.

 

Transfer of title

You become the owner of the products you ordered when Union-Nature Inc. turns your shipment over to the delivery company. You assume all associated risks at that point and Union-Nature Inc. will not be responsible for any loss, destruction or damage.

Payment in full

Union-Nature Inc. must receive payment in full for products before they can be shipped to you.

 

 

LINKS

This Site may contain links or references to third party websites. These links are provided for your convenience only. No endorsement of any third party products, services or information is expressed or implied by any information, material or content of any third party contained in, referred to, included on, or linked from or to this Site. Any information, data, opinions, recommendation, products or services provided by such third parties through links to other websites or otherwise made available through their websites are solely those of such third parties and not of Union-Nature Inc. or its affiliates. Your use of such third party websites is subject to the terms and conditions of use and the privacy policies of such websites.You may not create a link to this Site without the prior written consent of Union-Nature Inc.

 

YOUR OBLIGATIONS

 

Your use of this Site will be in compliance with all applicable laws and regulations. You will not: (i) use this Site to post, disseminate or transmit unauthorized advertising, promotional materials, chain letters, junk mail or any other type of unsolicited mass email; (ii) omit, delete, forge or misrepresent transmission information, including without limitation headers, return mailing and Internet protocol addresses, or otherwise manipulate identifiers to disguise the origin of any content; (iii) impersonate any individual or entity, or falsely state or otherwise misrepresent an affiliation with any individual or entity; (iv) engage in any activities intended to withhold or cloak identity or contact information; (v) send harassing and/or threatening messages to others; (vi) transmit any viruses or other disabling mechanisms; (vii) use this Site for any illegal purpose, in violation of any applicable laws or regulations; (viii) engage in any Internet activities that would violate the privacy rights of others; (ix) attempt to penetrate security measures of this Site or obtain or bypass others’ passwords; or (x) engage in denial of service attacks, or take actions designed to impair network access by flooding this Site or the Internet with useless traffic.

You agree that you are responsible for your own communications and that you will not post, disseminate or transmit any content on or through this Site that: (i) is unlawful, harassing, defamatory, abusive, threatening, obscene, harmful, tortuous, libelous, or invasive of another’s privacy; (ii) infringes or violates any party’s copyright, trade-mark, trade secret, patent or other proprietary rights; (iii) you do not have the right to disseminate or transmit under law, or contractual or fiduciary relationships; or (iv) contains personally identifiable information not belonging to you, including without limitation any personal information belonging to minors;

You acknowledge and agree that you are solely responsible for your account and the security of your password relating to such account and that you will not disclose it to any third parties. In addition, you will promptly advise Union-Nature Inc. of any unauthorized use of your password.

Union-Nature Inc. makes no representation or warranties that materials in this Site are appropriate or available for use outside of Canada. If you are accessing this Site from outside of Canada, you are doing so on your own initiative and are responsible for compliance with applicable laws, if and to the extent applicable.

 

 

YOUR MATERIALS

Messages submitted to this Site by electronic mail or otherwise, including without limitation any data, questions, comments, suggestions or the like are, and will be treated as, non-confidential and non-proprietary. By submitting a message to this Site, you acknowledge that any information disclosed by you therein (i) may be used by any third party; (ii) is not confidential and may be read or intercepted by others; (iii) creates no confidential, fiduciary, contractually implied or other relationship between you and Union-Nature Inc. other than pursuant to these Terms of Use; and (iv) is subject to the grant of rights regarding Your Materials described below.You may from time to time post information, materials, ideas, opinions, concepts, votes, know-how, techniques, creative ideas or any content (collectively “Your Material”) on this Site or transmit Your Materials to Union-Nature Inc. through this Site. You understand and agree that Union-Nature Inc. may, at its sole discretion, decide not to post Your Materials on this Site or make modifications to Your Materials prior to posting it. You further understand and agree that Union-Nature Inc. assumes no responsibility for reviewing unsolicited ideas for its business (like product or advertising ideas) and will not incur any liability as a result of any similarities between your ideas and/or Your Materials and future Union-Nature Inc. products or programs. This means that Union-Nature Inc. has no obligation to treat Your Materials, including without limitation your idea submissions, confidentially.

You hereby grant to Union-Nature Inc. a worldwide, irrevocable, royalty-free, perpetual license to use, produce, reproduce, create derivative works from, modify, adapt, publish, translate, display, distribute, broadcast, communicate to the public by telecommunication or circulate Your Materials and to sub-license any such rights. You hereby waive all moral rights that you may have in Your materials. You represent and warrant that you are the author of Your Materials and that they do not infringe the intellectual property or other proprietary rights of any third party.

 

 

CONTESTS AND COUPONS

This Site may run contests from time to time. All such contests will be subject to the applicable contest rules. By entering into the contest, you signify your agreement to the applicable contest rules as well as the terms set out in these Terms of Use.All coupons provided on this Site are subject to the terms and conditions applicable to such coupons.

 

INTELLECTUAL PROPERTY

The materials displayed on or contained within this Site including, without limitation, all software, design, text, photographs, illustrations, games, audio clips, video clips, tools, artwork and other graphic materials, and names, logos, trade-marks and service marks and any other content (collectively the “Union-Nature Inc. Materials”), are the property of Union-Nature Inc. and/or its licensors and are protected by copyright, trade-mark and other intellectual property rights and laws. Union-Nature Inc. name, design and related marks are trade-marks of Union-Nature Inc. All rights reserved.Union-Nature Inc. hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display the Union-Nature Inc. Materials for non-commercial and personal use only; provided that you maintain all copyright and other notices contained in such Union-Nature Inc. Materials. You agree not to produce, reproduce, modify, publish, create derivative works from, display, perform, translate, distribute, adapt, broadcast, communicate to the public by telecommunication or circulate any Union-Nature Inc. Materials to any third party (including, without limitation, the display and distribution of Union-Nature Inc. Materials via a third party website) without the express prior written consent of Union-Nature Inc. Unless expressly permitted herein, any use of Union-Nature Inc. Materials is only permitted with the express written permission of Union-Nature Inc. and/or its licensors. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the Materials.

 

DISCLAIMER OF WARRANTIES

This site, its contents, the Union-Nature Inc. materials, and any products, functionalities and services offered or contained herein are provided on an “as is” basis and on an “as available” basis. Union-Nature Inc. makes no representations, warranties, guarantees or conditions of any kind, whether express, legal or implied, arising from statute, course of dealing, usage of trade or otherwise, with respect to this site, its contents, the Union-Nature Inc. materials or such links, products, functionalities and services offered or contained herein, and disclaims all such representations, warranties, guarantees and conditions, including without limitation, representations, warranties, guarantees and conditions of merchantable quality, quality or fitness for a particular purpose, non-infringement of third party rights, error-free or uninterrupted service, accuracy, availability, reliability, security, currency and completeness arising from or relating to this site, its content or any links, products, functionalities or services provided through this site. In addition, Union-Nature Inc. does not provide any representation, warranty, guarantee or condition that the information accessible via this site is accurate, complete or current. All representations, warranties, guarantees and conditions are hereby disclaimed to the maximum extent permitted by applicable laws.You understand and agree that products displayed on this site may not reflect actual packaging.

 

LIMITATION OF LIABILITY

In no event shall Union-Nature Inc. and its affiliates and any of their respective directors, officers, employees, agents, mandataries or other representatives be liable for any direct, indirect, special, incidental, consequential, punitive or aggravated damages (including without limitation damages for loss of data, goodwill, income or profit, loss of or damage to property and third party claims) or any other damages of any kind, arising out of or in connection with: this site; any Union-Nature Inc. materials, information, qualification and recommendations appearing on this site; any links, products, functionalities or services offered through, contained in or advertised on this site; your account and password; failure of performance, error, omission, interruption, defect, delay in operation, computer virus, communication line failure, theft, destruction or unauthorized access to, or alteration of, or inability to use this site whether or not arising from breach of contract, tort, civil liability or otherwise and even if Union-Nature Inc. has been advised of the possibility of such damages. This exclusion of liability shall apply to the fullest extent permitted by law.You acknowledge that you will be fully liable for all damages resulting directly or indirectly from your use of this site and your materials. Union-Nature Inc. shall not be responsible for your materials or the materials of any other users submitted to this site.

 

INDEMNIFICATION

You agree to indemnify and hold harmless Union-Nature Inc. and its affiliates and their respective directors, officers, employees, agents, mandataries or other representatives from and against all claims, liability and expenses, including without limitation all legal fees and costs arising from or relating to (a) your breach of these Terms of Use; (b) your use of this Site including without limitation transmission or placement of information or material by you on this Site; and (c) any claim or allegation that Your Materials infringe the intellectual property or other proprietary rights of any third party.

 

TERMINATION

Union-Nature Inc. may at any time and at its sole discretion terminate your right to use this Site.

 

 

GOVERNING LAW

These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the Province of Ontario, with the exception of agreements with residents of Quebec in which case these Terms of Use shall be governed by, construed and enforced in accordance with the laws of the province of Quebec, and in each case the laws of Canada applicable therein. The parties irrevocably attorn to the jurisdiction of the courts of the Province of Ontario except for residents of Quebec, to the courts in the District of Montreal, Province of Quebec.

 

 

GENERAL

These Terms of Use constitute the entire agreement between you and Union-Nature Inc. with respect to your use of this Site and supercede all previous agreements, understandings and representations relating thereto. No failure by Union-Nature Inc. or you to exercise any rights, powers or remedies hereunder or its delay to do so shall constitute a waiver of these rights, powers or remedies. The single or partial exercise of a right, power or remedy shall not prevent its subsequent exercise or the exercise of any other right, power or remedy. If any provision of these Terms of Use or part thereof is or becomes illegal, invalid or unenforceable in any jurisdiction, the illegality, invalidity or unenforceability of that provision will not affect the legality, validity or enforceability of the remainder of the provision or the remaining provisions of these Terms of Use, as the case may be, or the legality, validity or enforceability of that provision or part thereof in any other jurisdiction. It is the express wish of the parties that these Terms of Use and all related documents be drawn up in English. Sections 7, 9, 10, 11, 12, 13, 15 and 16 shall survive the termination of your right to use this Site.