Terms & Conditions
Welcome to The Essentials Story and www.theessentialsstory.com (the “website”). This website is owned and operated by The Essentials Story (“TES”), a company incorporated in United States, State of Florida, The Essentials Story LLC, 1101 Brickell Avenue, South Tower 8th Floor, Miami Florida 33131.
By using this website you accept and agree to comply with and be bound by these Terms and Conditions, and such other policies and such other policies we notify you of from time to time, which together constitute the entire agreement between us.
These Terms and Conditions govern the sale of goods by us, TES, to you, the customer, by telephone, email, and via our website at www.theessentialsstory.com , or other means to our customer services representatives, and will form the basis of any contract of sale between us. Before placing an order please read carefully through these Terms and Conditions as you will be deemed to be bound by them and as there are certain conditions which will effect the cost of receiving your ordered products. In the event you are accessing the website on behalf of an organization, company, or other legal entity (your “Organization”) the term “you” will also include your Organization. In such case, you represent that all information you provide to us on behalf of the Organization is, true, accurate and complete.
Copies of these Terms and Conditions are available on request. Please read them carefully before placing your order and print a copy for future reference. YOU MUST BE AT LEAST 18 YEARS OF AGE TO USE THIS SITE. BY ENTERING ACCESSING, BROWSING, SUBMITTING INFORMATION TO, OR OTHERWISE USING THE WEBSITE, YOU ACKNOWLEDGE AND AGREE TO THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ACCESS OR USE THE WEBSITE.
Alterations to Terms and Conditions
Your orders are an offer to purchase goods from us. We will confirm receipt of your order by sending you an email confirming that we are able to send you the goods you have ordered or otherwise summarizing the details of your order back to you (“Order Confirmation Email”). No contract shall come into existence until we have accepted your order. You must immediately check the details contained in the Order Confirmation Email and we advise you to print and keep a copy of it for your records. We reserve the right at our absolute discretion to accept or reject any offer. Your order may not be accepted if there are material errors in the description of the goods ordered, quantity or price. All prices and offers are subject to change. The contract is completed when the goods are delivered—however completion and deliver are also subject to these Terms and Conditions.
All orders for goods made by you on the website or by telephone to a customer services representative are subject to these Terms and Conditions.
By using this website and providing your contact and other information through the website, you agree that we may send you communications via email regarding our products and services. You will have the opportunity to “opt out” of receiving any future marketing emails at any time.
Product Description and Specifications and Unavailability
We have taken great care to ensure that the goods displayed on this website and in our brochures conform to the descriptions and photographs. The colors, specifications, dimensions and descriptions of items on the website and brochures are quoted as accurately as possible. However, the color clarity you see will depend on the resolution of your monitor and each leather can differ slightly in color and we therefore cannot guarantee that the color of the actual good delivered is absolutely accurate. We reserve the right from time to time to vary the dimensions, specifications, descriptions and quantities of items displayed on our website without prior notice.
All products are subject to availability. We will inform you as soon as reasonably possible in the event that the goods you have ordered are unavailable. In the event that the goods that you have ordered are unavailable a full refund will be offered.
Once placed, it may not be possible to prevent an order from shipping. Similarly, once shipped we may be unable to stop delivery or cancel the order. For full information of our delivery services and charges for delivery including whether shipping price is included or not included with the displayed price, please consult our FAQ, here. Delivery may be subject to customs inspections and delays. If you order a number of items for delivery to the same address, they may be shipped separately and we cannot guarantee delivery on the same day. We make every effort to ship items on time.
Cancellations, Refunds, and Return
Please refer to our FAQ, here, for our cancellation, refunds, and return policies.
Products sold on this website are used at the risk of the end users, some products if used incorrectly or in the wrong way or by anyone under the age of 18 may cause undue or unnecessary harm- please be aware of this and use caution in using our products correctly. The customer who buys our products should use them in a safe manner and should be aware that incorrect use may cause harm or distress, for which the customer agrees to hold harmless TES by agreeing to purchase from our websites
All payments for goods must be made when the order is placed. We will not reserve or dispatch goods before payment is received. Ownership of the goods will pass to you only after we have received payment in full and the goods have been dispatched. We cannot accept checks or cash as payments online. Please note we cannot guarantee the security of data when communicating with TES via email or fax. Accordingly please do not send us payment information using those mediums.
We will not be liable to you for any losses caused as a result of unauthorized access to the personal and transactional information you provide us with when placing an order.
Products are invoiced at the price on the website at the time of your order. Prices displayed in brochures and on the website include Value Added Tax which will be applied at the current rate where applicable. Products might be subject to variation. If there is an error we will contact you as soon as possible and you will have the option of reconfirming your order at the correct price or cancelling it. If we are unable to reach you, your order for the incorrectly priced item will be cancelled, and we are not obliged to honor such orders. Except where otherwise noted, the delivery charge is an additional cost. Please refer to our FAQ for full details on our shipping policies.
Customs & Excise Duties Payable By The Customer
Please note that unless explicitly stated otherwise all prices quoted on our website exclude any applicable import duties, taxes and fees, local import tax, customs or excise duties which is levied and deemed payable by the customer when the goods land at the destination country. You, the customer, are responsible for import duties, taxes and fees, local import tax, customs or excise duties, incurred on your purchases. However, for orders placed on our website, you will be charged the delivered price. Customs authorities may request personal information such as Social Security number when inspecting your parcel; failure to provide this information to Customs will result in the parcel being returned, we therefore recommend that the recipient’s telephone details be included with the order. In this instance we are unable to refund the cost of postage and packaging. Please note that for items you order, you are considered the importer and must comply with all laws and regulations of the country in which the items are to be delivered. Please note that cross-border deliveries are subject to opening and inspection by customs authorities. TES cannot guarantee that your goods will arrive in the same condition that they were dispatched should they be subject to inspection
In the event a customer refuses to pay for any valid customs, excise or import duties deemed payable by the host country and TES is forced to take back the unpaid goods due to non-payment of such duties by the customer, and in the likely event liability for such customs, excise or import or re-delivery duties is transferred back to TES, TES will seek to redeem these costs from the customer at the customers expense. The customer agrees this will give TES the right to deduct all customs, excise or import or delivery duties from any final refund due payable by the customer so that TES does not suffer any form of financial loss from such a decision by the customer to refuse to pay such customs or excise duties which are deemed payable at the time.
In order to make purchases through the website, you will be requested to provide your personal details to place an order which will be provided to Shopify. In particular, customers must provide their real name, phone number, e-mail address and other requested information as indicated. Furthermore, when ordering items, you will be required to provide payment details and you represent and warrant that the payment details you provide on ordering are both valid and correct and you confirm that you are the person referred to in the Billing information provided. You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorized to use.
External links may be provided for your convenience, but they are beyond the control of and no representation is made as to their accuracy and content. Use or reliance on any external links and the content thereon provided is at your own risk. When visiting external links you must refer to that external websites terms and conditions of use.
Links to the Website
Without our express, prior, written permission, you shall not: (a) “frame” the Website or any Content or otherwise cause the Website or any Content to appear in a window with any other material that does not constitute Content; (b) cause the hyperlink to the Website, or the Website or any Content, to be displayed in any way that is disparaging to TES or any entity that is affiliated or associated with TES; or (c) otherwise imply or state that any type of relationship or special arrangements exist with TES and any other entity; (d) use any tradename, trademark, or brand name of TES in metatags, keywords and/or hidden text, including for the purpose of affiliate marketing.
Delay or Failure to Perform
We shall not be liable to you in the event we are prevented or delayed in the performance of any of our obligations to you if this is due to any cause beyond our reasonable control including (without limitation): an act of God, explosion, flood, fire or accident; pandemic; war or civil disturbance; strike, industrial action or stoppages of work; any form of government intervention; a third party act or omission; failure of our supplier(s); failure by you to give us a correct delivery address or notify us of any change of address.
Limitation of Liability
You shall be responsible for reading and understanding these Terms and Conditions, and we do not accept responsibility for any loss or damage incurred by you or any third party as a result of your failure to do so.
We shall not be liable to any person for any loss or damage whatever which may arise from the use of any of the information contained in any of the materials on this website.
IN NO EVENT SHALL TES, ITS CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS AND OTHER SIMILAR ENTITIES, AND THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS OF EACH OF THE FOREGOING, BE LIABLE TO YOU, YOUR ORGANIZATION, OR ANY OTHER THIRD-PARTY FOR ANY LOSS, COST, DAMAGE, OR OTHER INJURY, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE OF, OR RELIANCE ON, THE WEBSITE, THE CONTENT, OR THE INFORMATION, MATERIALS AND SERVICES ACCESSIBLE ON OR THROUGH THE WEBSITE OR OTHERWISE MADE AVAILABLE BY TES, INCLUDING ANY PRODUCTS; (B) THE USE, COPYING, OR DISPLAY OF THE WEBSITE OR THE CONTENT OR THE TRANSMISSION OF INFORMATION TO OR FROM THE WEBSITE OVER THE INTERNET; (C) TES’S PERFORMANCE OF, OR FAILURE TO PERFORM, ITS OBLIGATIONS IN CONNECTION WITH THESE TERMS; (D) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF YOU, YOUR ORGANIZATION, OTHER USERS OF THE WEBSITE, OR OTHER THIRD-PARTIES, INCLUDING, BUT NOT LIMITED TO, ANY NOT-FOR-PROFIT ORGANIZATIONS; (E) YOUR PURCHASE AND USE OF ANY GOODS OR SERVICES PROVIDED BY THIRD-PARTIES; OR (F) THE AVAILABILITY, RELIABILITY, ACCURACY, TIMELINESS, OR QUALITY OF ANY THE WEBSITE OR ANY PRODUCT. UNDER NO CIRCUMSTANCES SHALL TES, ITS CONTRACTORS, SUPPLIERS CONTENT-PROVIDERS AND OTHER SIMILAR ENTITIES, AND THE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS OF EACH OF THE FOREGOING, BE LIABLE TO YOU, YOUR ORGANIZATION, ANY NOT-FOR-PROFIT ENTITY, OR ANY OTHER THIRD-PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL, OR SIMILAR DAMAGES OR COSTS (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR DATA, LOSS OF GOODWILL, LOSS OF OR DAMAGE TO PROPERTY, LOSS OF USE, BUSINESS INTERRUPTION AND CLAIMS OF THIRD-PARTIES) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE WEBSITE, ANYTHING DESCRIBED IN THE FOREGOING CLAUSES (A) THROUGH (F) OF THIS PARAGRAPH, OR ANY OTHER CAUSE BEYOND THE CONTROL OF TES, EVEN IF TES WAS ADVISED, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS. In a jurisdiction that does not allow the exclusion or limitation of liability for certain damages, the liability of TES, its contractors, suppliers, CONTENT-PROVIDERS, and other SIMILAR ENTITIES, and the officers, directors, employees, REPRESENTATIVES and agents of each of the foregoing, shall be limited in accordance with THESE TERMS to the fullest extent permitted by law. Without limiting any of the foregoing, if TES, its contractors, suppliers, CONTENT-PROVIDERS, OR other SIMILAR ENTITIES, OR ANY OF the officers, directors, employees, REPRESENTATIVES, OR agents of ANY of the foregoing, is found liable to you or TO any third-party AS A RESULT OF any claims or OTHER matters arising under or in connection with THESE TERMS, THE WEBSITE, OR THE USE OF THE WEBSITE, TES and such parties’ CUMULATIVE, aggregate and maximum liability for all such CLAIMS AND OTHER matters in any calendar year shall not exceed $100. The limitation of liability herein is a fundamental element of the basis of the bargain and reflects a fair allocation of risk. The site would not be provided without such limitations and you agree that the limitations and exclusions of liability, disclaimers and exclusive remedies specified herein will survive even if found to have failed in their essential purpose.
We may transfer, cede, assign and delegate our rights and obligations in terms of any relevant terms and conditions, policies and notices to any third party. However you may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
TES makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website, the information contained on the website, the products available through this website, your or your personal or company's information or material and information transmitted over our system. We will not be responsible or liable to you for any loss of Content or material uploaded or transmitted through this website. This website is provided on an "as is" and "as available" basis without any representation or endorsement made.
We make no warranty that this website will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that this website or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials. You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of this website and any information provided to or taken from this website by you.
THE WEBSITE AND THE CONTENT, AND ALL MATERIALS, PRODUCTS, AND SERVICES AVAILABLE ON OR THROUGH THE SITE AND THE COMPANY ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OR GUARANTIES, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT REPRESENT, WARRANT, OR COVENANT THAT THE SITE OR ANY MATERIALS, PRODUCTS, OR SERVICES AVAILABLE ON OR THROUGH THE SITE OR THROUGH THE COMPANY ARE OR WILL BE ACCURATE, CURRENT, COMPLETE, RELIABLE, OR APPROPRIATE FOR ANY PARTICULAR USE TO WHICH YOU, YOUR ORGANIZATION, OR ANY THIRD-PARTY MAY CHOOSE TO PUT THEM, THAT THEY ARE OR WILL BE AVAILABLE ON AN UNINTERRUPTED OR ERROR-FREE BASIS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE AND THE MATERIALS, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THE WEBSITE AND THROUGH COMPANY ARE FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS.
Use of the Website
TES does not make any warranty or representation that information on the website is appropriate for use in any jurisdiction (other than the United States). By accessing the website, you warrant and represent to TES that you are legally entitled to do so and to make use of information made available via the website.
We reserve the right to refuse service and terminate accounts without prior notice if these Terms and Conditions are violated or if we decide, in our sole discretion, that it would be in TES’s best interests to do so.
You are responsible for maintaining the confidentiality of your Account and password and for restricting access to your computer. TES is not liable for any loss or damage arising from any unauthorized access or use of your User ID or password.
To the fullest extent permitted by applicable law, any dispute relating in any way to your visit to the website and any purchase by you of any goods from TES shall be submitted to confidential arbitration in Miami-Dade County, Florida, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in the United States District Court in the Southern District of Florida, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the International Chamber of Commerce. The arbitrator's award shall be binding and may be entered as a judgement in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under the Terms & Condition shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
To the extent arbitration is not permitted by applicable law, any dispute relating in any way to your visit to the website shall be submitted to an appropriate court in Miami-Dade County, or in the United States District Court in the Southern District of Florida, of which shall have exclusive jurisdiction, and all applicable provisions of this section shall apply.
At our request, you agree fully to defend, indemnify and hold harmless TES, its directors, officers, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees and costs, arising from any breach of the Terms and Conditions by you or any other liabilities arising out of your use of this website, or the use by any other persons accessing this website using your Internet account. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder. All rights and duties of indemnification that are set forth herein shall survive termination of these Terms and Conditions.
Our electronically or otherwise properly stored copy of these Terms shall be deemed to be the true, complete, valid, authentic and enforceable copy of these Terms, and you agree that you shall not contest the admissibility or enforceability of TES’s copy of these Terms in connection with any action or proceeding arising out of or relating to these Terms.
Where any conflict or contradiction appears between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.
Should any provision of these Terms be held to be void, invalid, unenforceable, or illegal by a proper legal authority, the validity and enforceability of the other provisions hereof shall not be affected.
All TES products are trademarks of TES and may not be copied, imitated, or used, in whole or in part, without our prior written permission. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks, or trade dress of TES or its affiliates or licensors and may not be reproduced, copied, imitated, or used, in whole or in part, without our prior written permission. Other trademarks, product names and company names and logos displayed on the website are the property of their respective owners.
Pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)), we have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe a copyright is being infringed by a user of the website or by TES, please provide written notice to TES’s designated agent for notice of claims of copyright infringement by sending an email to email@example.com .
Your written notice must:
- contain your physical or electronic signature;
- identify the allegedly infringing material in a sufficiently precise manner to allow us to locate the material;
- contain adequate information by which we can contact you (including mailing address, telephone number and e-mail address);
- contain a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, the copyright owner’s agent, or the law; and
- contain a statement that the information in the written notice is accurate.
Please do not send notices or inquiries unrelated to alleged copyright infringement to our designated agent.
You are only allowed to use content found on this website as expressly agreed by TES. You also agree that you are not a partner, agent or reseller of TES or our products and we are not liable for any such representation, act or omission on your part.
The content, defined as: graphics, photographs, image rights, sounds, music, audio or text are to the best of our knowledge accurate and complete, however we cannot promise it is error-free. Nor can we promise that the functions within the site i.e. html, content and functional aspects are error-free. This also relates to viruses and other harmful viruses; we always recommend that you should have an up-to-date and complete virus-checking software to protect yourself.
You also agree that no joint venture, partnership, employment or agency relationship exists between yourself and TES. You will not express yourself as an employee, agent or representative of TES and we are not liable for any representation, act or omission on your part.
The content of this website is only made for your personal non-commercial use. You agree not to facilitate or assist any third party to copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of our material and content without our written consent or the written consent of our licensors. In that case, you should be able to provide us with the proof that you are licensed to use them. You further agree that you shall only use the website for legitimate, lawful purposes, and any other use shall only be permitted with our written consent.
Governing law and Jurisdiction
No waiver by us of any breach of the Terms & Conditions by you is considered as a waiver of any subsequent breach of the same or any other provision.
Comments or Questions
For order, product or service inquiries, including any complaints, please contact us at firstname.lastname@example.org .
The Essentials Story is the trading name of The Essentials Story LLC
1101 Brickell Avenue
South Tower 8th Floor
Miami Florida 33131