Terms of service
OVERVIEW
Welcome to THE ESSENCEIST! Throughout this site, the terms "we", "us", and "our" refer to THE ESSENCEIST, a brand owned and operated by EARTHY WELLNESS SOLUTIONS. We provide this website, including all information, tools, products, and services, to you—the user—conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
Our store is hosted on Shopify Inc., which provides us with the online e-commerce platform that allows us to sell our organic skincare and wellness products to you.
By visiting our site or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including those additional terms and policies referenced herein or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service and our Privacy Policy Privacy policy – THE ESSENCEIST. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least 18 years of age (the age of majority in India). If you are under 18, you may only use the Services with the involvement and consent of a parent or legal guardian.
To use the Services, including browsing our online store or purchasing products, you may be required to provide certain information, such as your email address, billing, payment, and shipping details. You represent and warrant that all information you provide is accurate, current and complete.
You are solely responsible for maintaining the confidentiality of your account credentials and for all activity occurring under your account. You may not transfer, sell, or assign your account to any other person. We reserve the right to refuse service or terminate accounts at our sole discretion if these terms are violated.
SECTION 2 - OUR PRODUCTS AND SERVICES
Product Accuracy: We make every effort to display the colors and images of our products as accurately as possible. However, we cannot guarantee that your device’s display will accurately reflect the true color or texture of the physical product.
Modifications & Availability: All descriptions and pricing of products are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product or modify our services at any time. Any offer for a product or service made on this site is void where prohibited by law.
Limitations of Sale: We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We also reserve the right to limit the quantities of any products or services that we offer.
Quality Disclaimer: While we strive for excellence, we do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your individual expectations, or that any errors in the Service will be corrected.
SECTION 3 - ORDERS & PURCHASES
Order Acceptance: Your placement of an order is an offer to purchase. THE ESSENCEIST reserves the right to accept or decline your order for any reason, including but not limited to product availability, errors in pricing, or suspected fraud. A contract is only formed when we dispatch your order and send a shipping confirmation.
Cancellations & Changes: Please review your order carefully before checkout. While we will make every effort to accommodate change or cancellation requests sent to support@theessenceist.com immediately after purchase, we cannot guarantee modifications once an order has entered our fulfillment process.
Billing Accuracy: In the event that we make a change to or cancel an order, we will attempt to notify you via the email, billing address, or phone number provided at the time the order was made.
Personal Use Only: By purchasing from us, you represent that your purchases are for personal or household use only and not for commercial resale or export without our prior written consent.
Returns & Refunds: All purchases are subject to our Refund Policy Refund policy – THE ESSENCEIST.
SECTION 4 - PRICING AND BILLING
Price Adjustments: Prices, discounts, and promotions are subject to change without notice. The price charged for a product will be the price in effect at the time your order is placed, as confirmed in your order confirmation email.
Taxes & Shipping: Unless expressly stated, posted prices do not include GST, shipping, handling, or any applicable customs/import charges. These will be calculated and added during the checkout process.
Promotions: We may offer time-limited promotions governed by specific terms. In the event of a conflict between promotional terms and these Terms of Service, the promotion-specific terms will take precedence.
Payment & Accuracy: You agree to provide current, complete, and accurate purchase and account information for all transactions. By completing a purchase, you represent that:
• The payment information provided is true and complete.
• You are duly authorized to use the chosen payment method.
• Charges incurred will be honored by your card issuer or bank.
You agree to promptly update your account details, including your email address and payment methods, so we can complete your transactions and contact you as needed.
SECTION 5 - SHIPPING AND DELIVERY
Complimentary Insured Shipping: To ensure your organic skincare and wellness essentials arrive safely, we provide Free Insured Shipping & Handling on all orders. This insurance protects your purchase against transit-related damage or loss until the point of delivery.
Delivery Estimates:
• Handling Time: Please allow 1-3 business days for our team to carefully prepare and package your order.
• Transit Time: Once dispatched, orders typically arrive within 5-7 business days across India.
While we strive for precision, these timelines are estimates. THE ESSENCEIST is not liable for delays caused by third-party shipping carriers, customs processing, or unforeseen events (e.g., extreme weather or strikes) beyond our reasonable control.
Address Accuracy: You are responsible for providing a complete and accurate shipping address. We are not responsible for non-delivery due to incorrect information provided at checkout.
Delivery Confirmation: Once a package is marked as "Delivered" by the carrier to the address provided, the insurance coverage concludes and the risk of loss passes to you. If your package is damaged upon arrival, please contact support@theessenceist.com within 48 hours with photographic evidence so we can process an insurance claim and replacement.
SECTION 6 - INTELLECTUAL PROPERTY
Ownership of Content: The Services and their entire contents, features, and functionality—including but not limited to all information, software, text, displays, images, video, audio, and the design, selection, and arrangement thereof—are owned by THE ESSENCEIST, its licensors, or other providers of such material. These are protected by Indian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Limited License: These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services without our prior written consent.
Trademarks: The name THE ESSENCEIST, our logos, product names, and all related names, logos, product and service names, designs, and slogans are trademarks of THE ESSENCEIST or its affiliates. You must not use such marks without our prior written permission. All other names, logos, and brands on this Service are the trademarks of their respective owners.
Reservation of Rights: Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
SECTION 7 - OPTIONAL THIRD-PARTY TOOLS
We may provide you with access to third-party tools (such as product recommendation engines or specialized calculators) over which we neither monitor nor have any control.
You acknowledge and agree that we provide access to such tools on an "as is" and "as available" basis, without any warranties, representations, or conditions of any kind and without any endorsement. THE ESSENCEIST shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use of optional tools offered through the site is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms provided by the relevant third-party provider(s).
In the future, we may offer new features, tools, or resources through the Services. Such new features shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites, apps, or services provided or operated by third parties (including any embedded content or social media feeds). We do not monitor, examine, or evaluate the content or accuracy of any third-party materials or websites.
Access at Your Risk: If you decide to leave our Services to access these third-party sites, you do so entirely at your own risk. THE ESSENCEIST is not liable for any harm or damages related to your access, purchase, or use of any products, services, or content on third-party websites.
Policies & Practices: Please review the third-party's policies and practices carefully and ensure you understand them before engaging in any transaction. Any complaints, claims, or questions regarding third-party products should be directed to the respective third-party.
SECTION 9 - RELATIONSHIP WITH THE PLATFORM
THE ESSENCEIST is powered by Shopify, which provides the e-commerce platform that enables us to offer our Services and products to you.
Please note that all sales and purchases made through our Store are transactions directly between you and THE ESSENCEIST. By using the Services, you acknowledge and agree that Shopify is not a party to these transactions and is not responsible for any aspect of sales between you and us, including any injury, damage, or loss resulting from purchased products and services.
You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with THE ESSENCEIST.
SECTION 10 - PRIVACY POLICY
Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here Privacy policy – THE ESSENCEIST. By using our Services, you acknowledge that you have read and understood both our Privacy Policy and Shopify's Privacy Policy, which can be viewed here.
Because our Services are hosted by Shopify, they collect and process personal information regarding your use of the Services to provide and improve their platform. You understand that your information may be transmitted to and shared with Shopify and relevant third parties, potentially across international borders, to facilitate our services to you. For full details on how we and our partners protect your data, please review our complete Privacy Policy.
SECTION 11 - FEEDBACK AND USER CONTENT
License to Use: If you submit, post, email, or otherwise transmit any reviews, photos, suggestions, or ideas (collectively, "Feedback"), you grant THE ESSENCEIST a perpetual, worldwide, royalty-free, and sublicensable license to use, reproduce, modify, publish, and display such Feedback in any medium (including our social media, website, and advertisements) for any purpose.
Your Representations: By submitting Feedback, you represent and warrant that:
• You own or have all necessary rights to the content.
• You have disclosed if you received any compensation or incentives for the Feedback.
• Your Feedback does not violate the rights of any third party, including copyright, trademark, or privacy rights.
Our Rights & Responsibilities: We are under no obligation to maintain Feedback in confidence, pay compensation, or respond to any submissions. We reserve the right to monitor, edit, or remove content that we deem, in our sole discretion, to be unlawful, offensive, or otherwise objectionable.
Prohibited Conduct: You may not use a false email address, impersonate others, or mislead us regarding the origin of any Feedback. You are solely responsible for the accuracy of your submissions. We take no responsibility and assume no liability for any Feedback posted by you or any third party.
SECTION 12 - ERRORS, INACCURACIES, AND OMISSIONS
Correction of Information: Occasionally, our Services may contain typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, shipping charges, transit times, and availability. We reserve the right to correct any such errors and to update information or cancel orders if any information is found to be inaccurate at any time without prior notice.
Order Fulfillment: This right to cancel applies even after you have submitted your order. If we cancel an order due to an error, we will attempt to notify you and issue a full refund for the affected transaction.
No Obligation to Update: We undertake no obligation to update, amend, or clarify information in the Service, including pricing information, except as required by law. No specific update or refresh date applied in the Service should be taken to indicate that all information in the Service has been modified or updated.
SECTION 13 - PROHIBITED USES
You may use our Services for lawful purposes only. You agree not to use the Services, directly or indirectly:
1. Illegal & Malicious Activity
• For any unlawful, malicious, or fraudulent purpose.
• To violate any international, national, or local regulations, rules, or laws.
• To upload or transmit viruses, malware, or any other malicious code that could affect the functionality of the Services or any related website.
2. Infringement & Harassment
• To infringe upon or violate our intellectual property rights or the rights of others.
• To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against any person based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
• To submit false or misleading information or impersonate any other person or entity.
3. Automated Access & Scraping
• To use any robot, spider, crawler, scraper, or other automated means (including AI tools or agentic AI) to access, monitor, or copy any part of the Services.
• To bypass, circumvent, or interfere with any security features, robot exclusion headers, or measures we employ to restrict access.
4. Spam & Interference
• To transmit any advertising or promotional material, including "junk mail," "chain letters," "spam," or similar solicitations.
• To collect or track the personal information of others or engage in "phishing," "pharming," or "pretexting."
Enforcement: We reserve the right to suspend or terminate your access to the Services immediately and without notice if we determine, in our sole discretion, that you have violated any of these prohibited uses.
SECTION 14 - AGENT TERMS
14.1 Applicability: These "Agent Terms" apply if you use, enable, or deploy an "Agent" to interact with our Services. An "Agent" is defined as any software or service that takes autonomous or semi-autonomous action (such as bots, AI scrapers, or automated tools) on behalf of a person or entity without direct, constant human supervision.
14.2 Authorization: No Agent may access or interact with our Services unless it operates in strict accordance with the requirements in Section 14.4. We reserve the right to explicitly prohibit any specific Agent from interacting with our Services at our sole discretion.
14.3 Technical Limitations: We may employ technical measures (such as firewalls, rate-limiting, or CAPTCHAs) to restrict or modify how any Agent accesses or interacts with the Services.
14.4 Agent Requirements: To be authorized, an Agent must:
• Identify Itself: Include the string "Agent/[agent name]" in all HTTP/HTTPS request headers to clearly disclose its identity.
• No Obfuscation: Not attempt to hide its automated nature by mimicking human behavior patterns or circumventing security measures like CAPTCHAs.
• Transparency: Respond truthfully to any system prompts or questions designed to distinguish between human and computer interactions.
• Respect Blocks: Not attempt to bypass any measure intended to block, limit, or modify Agent access to the Services.
SECTION 15 - TERMINATION
15.1 Right to Terminate: We reserve the right to terminate these Terms of Service or your access to the Services (or any part thereof) at our sole discretion, at any time and without notice. This may occur if you fail, or we suspect that you have failed, to comply with any term or provision of these Terms.
15.2 Effect of Termination: Upon termination, you will remain liable for all amounts due up to and including the date of termination.
15.3 Survival of Terms: Termination of this agreement shall not affect the rights and obligations that, by their nature, are intended to survive. The following sections will continue to apply even after termination:
• Intellectual Property & Feedback
• Disclaimer of Warranties & Limitation of Liability
• Indemnification
• Severability & Waiver
• Governing Law & Jurisdiction
• Privacy Policy
SECTION 16 - DISCLAIMER OF WARRANTIES
16.1 General Information: The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk.
16.2 Product & Service "As Is": Except as expressly stated by THE ESSENCEIST, the Services and all products offered through the Services are provided 'as is' and 'as available' for your use. We disclaim all representations, warranties, or conditions of any kind, either express or implied—including all implied warranties of merchantability, fitness for a particular purpose, durability, and non-infringement.
16.3 Performance Disclaimer: We do not guarantee, represent, or warrant that your use of our Services will be uninterrupted, timely, secure, or error-free.
16.4 Individual Results: Because our products are organic and nature-based, individual results may vary. We make no guarantee of specific outcomes or "cures" for any skin or health conditions.
SECTION 17 - LIMITATION OF LIABILITY
17.1 General Limitation: In no event shall THE ESSENCEIST, its parent entity EARTHY WELLNESS SOLUTIONS, our directors, officers, employees, affiliates, agents, or service providers (including Shopify and its affiliates) be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind.
17.2 Scope of Damages: This includes, without limitation, damages for:
• Lost profits, revenue, or savings.
• Loss of data or replacement costs.
• Personal injury or property damage arising from your use of any of the Services or any products procured using the Services.
17.3 Basis of Liability: This limitation applies regardless of whether the claim is based on contract, tort (including negligence), strict liability, or otherwise, even if we have been advised of the possibility of such damages.
17.4 Maximum Liability: Our total liability to you for any claim arising out of or relating to these Terms or your use of the Services or Products shall not exceed the total amount paid by you for the specific product giving rise to the claim.
SECTION 18 - INDEMNIFICATION
18.1 Your Responsibility: You agree to indemnify, defend, and hold harmless THE ESSENCEIST, its parent entity EARTHY WELLNESS SOLUTIONS, and our affiliates, partners, officers, directors, employees, agents, and service providers (including Shopify and its affiliates) from any losses, damages, liabilities, or claims—including reasonable attorneys' fees—arising out of:
• Your breach of these Terms of Service or the documents they incorporate by reference.
• Your violation of any law or the rights of a third party.
• Your access to and use of the Services.
18.2 Process & Control: We will notify you of any such claim. THE ESSENCEIST reserves the right to control the defense and settlement of any indemnified claim at your expense, including the choice of legal counsel. You agree to cooperate fully in the defense of these claims, including providing relevant documents or information.
18.3 Settlement: We will not settle any claim requiring non-monetary obligations from you (such as an admission of guilt) without your written consent, which shall not be unreasonably withheld.
SECTION 19 - SEVERABILITY
19.1 Legal Validity: In the event that any provision of these Terms of Service is determined by a court or authority of competent jurisdiction to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law.
19.2 Severance: The unenforceable portion shall be deemed to be severed from these Terms of Service. Such a determination shall not affect the validity and enforceability of any other remaining provisions, which shall continue in full force and effect.
SECTION 20 - WAIVER; ENTIRE AGREEMENT
20.1 No Waiver: Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of a right must be in writing and signed by an authorized representative of THE ESSENCEIST to be valid.
20.2 Entire Agreement: These Terms of Service, along with any policies or operating rules posted by us on this site (such as our Privacy Policy and Refund Policy), constitute the entire agreement and understanding between you and us. This agreement governs your use of the Service and supersedes any prior or contemporaneous agreements, communications, and proposals—whether oral or written—between you and us (including any prior versions of the Terms of Service).
20.3 Ambiguities: Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 21 - ASSIGNMENT
21.1 By You: You may not delegate, transfer, or assign these Terms of Service—or any of your rights or obligations hereunder—without the prior written consent of THE ESSENCEIST. Any attempted assignment or delegation in violation of this section shall be null and void.
21.2 By Us: We may transfer, assign, or delegate these Terms, including our rights and obligations, to any third party (such as in the event of a merger, acquisition, or sale of assets) without your consent or prior notice to you.
SECTION 22 - GOVERNING LAW AND JURISDICTION
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of India. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts in Kolkata, West Bengal.
SECTION 23 - HEADINGS AND INTERPRETATION
23.1 Purpose of Headings: The headings used in these Terms of Service are included for convenience and reference only. They shall not be used to limit, interpret, or otherwise affect the legal meaning or construction of any provision within these Terms.
23.2 General Interpretation: Any reference to the singular shall include the plural and vice versa, where the context requires. Use of the word "including" means "including, without limitation."
SECTION 24 - CHANGES TO TERMS OF SERVICE
24.1 Right to Modify: We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website.
24.2 Notification of Changes: For material changes that significantly affect your rights, we will attempt to notify you by posting a notice on the Services or via the email address associated with your account. Such changes will be effective on the date specified in the notice.
24.3 User Responsibility: It is your responsibility to check our website periodically for updates. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes your binding acceptance of those changes.
SECTION 25 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at support@theessenceist.com.
Our official contact information is as follows:
• Entity Name: EARTHY WELLNESS SOLUTIONS
• Email: support@theessenceist.com
• Registered Address: Holding No. 100/2, Mathkol Vivekananda Road, Paschim Para, Po- Rabindra Nagar, Ps- Dum Dum, Kolkata, West Bengal, 700065, India
• GSTIN: 19KFAPM7237G1Z3