Last updated: February 3, 2020
These Terms and Conditions (“Terms”, “Terms and Conditions”) govern your relationship with https://cloud9naturally.ca website (the “Service”) operated by Cloud 9 Naturally Inc. (“us”, “we”, or “our”).
Please read these Terms and Conditions carefully before using the Service.
Your access to and use of the Service is based on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms and accept all legal consequences. If you do not agree to these terms and conditions, in whole or in part, please do not use the Service.
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that:
- you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and
- the information you supply to us is true, correct and complete.
By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases, such as our credit card processing provider.
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to:
- product or service availability,
- errors in the description or price of the product or service,
- error in your order or other reasons,
- fraud or unauthorized or illegal transaction is suspected
We will not be held responsible or liable for any failure for the Purchase to complete, or any resulting loss or damages to you.
There is a $190 minimum on all wholesale orders. Wholesale customers must reach this minimum (before shipping and taxes) to be able to place their order and receive wholesale prices. Display samples/testers are only sent with a full case of a particular product.
Shipping, Returns, and Refunds
- Please allow processing time of 2-5 business days (excluding weekends and holidays). We are a small business and work hard to keep up, but processing times can vary due to order volumes, stock levels, etc.
- Shipping time is not included in processing time and will vary depending on your shipping address.
- Shipments take place on weekdays (excluding statutory holidays)
- Carriers: Canada Post or FedEx (Canada Post for PO box addresses)
- Cloud 9 Naturally is not responsible for the timeliness of delivery. Processing and shipping delays are not a valid reason for refund.
- Please keep in mind that weekends and statutory holidays are not included in processing or delivery times. Everyone needs time off at some point!
Retail returns/refund policy
Our Everyday Line, Mercy MSM, 4 Thieves, and Diffusers come with a 60 day satisfaction guarantee for all retail customers! If you are for whatever reason unsatisfied with your purchase, you can receive a full refund within 60 days of the original purchase. Proof of purchase is required in order to issue a refund. Handmade soap bars, lip balms, essential oils, essential oil blends, and roller balls are not eligible for the 60 day satisfaction guarantee.
Wholesale returns/refund policy
Wholesale customers may return products that are not selling within 90 days of the original purchase and receive a full refund. We do not offer refunds on any products after 90 days.
To be eligible for a return, please make sure that:
- The product isn’t used or damaged.
- The product is packed securely in the shipping box so as to not receive any damage during return shipping.
Products that do not meet these criteria will not be considered for return.
If you received a damaged product, please notify us immediately for assistance. We may ask you to send us a photo.
Sale items can be refunded.
To arrange a return/refund
Please contact us before you send the product:
- By email: firstname.lastname@example.org
- By phone: 403-318-4745
- Please provide the following information:
- Your order number
- The item to be returned/refunded
- Reason for return/refund
- Photo (for damaged items – if applicable)
Once a return has been arranged, you can send the product to:
145 37411 Waskasoo Ave
Red Deer County, AB
Shipping charges incurred in connection with the return of a product are non-refundable. You are responsible for paying the costs of shipping and for the risk of loss of or damage to the product during shipping, both to and from Cloud 9 Naturally.
Availability, Errors and Inaccuracies
In order to provide exceptional service, and accuracy, we regularly update the products and services on the Service.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Despite our best efforts, the products or services available on our Service may have an error regarding the price, be inaccurately described, or be unavailable.
We may experience delays in updating information on the Service and in our advertising on other websites.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
The Service and all contents, including but not limited to text, images, graphics or code are the property of Cloud 9 Naturally Inc. and are protected by copyright, trademarks, database and other intellectual property rights. You may display and copy, download or print portions of the material from the different areas of the Service only for your own non-commercial use, or to place an order with Cloud 9 Naturally Inc.. Any other use is strictly prohibited and may violate copyright, trademark and other laws. These Terms do not grant you a license to use any trademark of Cloud 9 Naturally Inc. or its affiliates. You further agree not to use, change or delete any proprietary notices from materials downloaded from the Service.
Links to Other Web Sites
The Service may contain links to third-party web sites or services that are not owned or controlled by Cloud 9 Naturally Inc..
Cloud 9 Naturally Inc. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Cloud 9 Naturally Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms.
All provisions of the Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
You agree to indemnify, defend and hold harmless Cloud 9 Naturally Inc., its principals, officers, directors, representatives, employees, contractors, licensors, licensees, suppliers and agents, from and against any claims, losses, damages, losses, obligations, costs, actions or demands.
These include but are not limited to: (a) legal and accounting fees resulting from your use of the Service; (b) your breach of any of these Terms; (c) anything you post on or upload to the Service; and (d) any activity related to your account. This includes any negligent or illegal conduct by you, any person or entity accessing the Service using your account whether such access is obtained via fraudulent or illegal means.
Limitation of Liability
Cloud 9 Naturally Inc., its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for any loss or damage, direct or indirect, incidental, special, consequential or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, resulting from (i) your access to or use of the Service; (ii) your inability to access or use the Service; (iii) any conduct or content of any third-party on or related to the Service; (iiv) any content obtained from or through the Service; and (v) the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
The information on this website is obtained from current and reliable sources but makes no representation as to its comprehensiveness or accuracy. Nothing contained herein should be considered as a recommendation by Cloud 9 Naturally Inc. as to the fitness/suitability for any use. The certifications, statements, and product descriptions shown on this website are strictly for information purposes only. Cloud 9 Naturally Inc. shall not be responsible for any damages resulting from use of or reliance upon this information. The user of the product is solely responsible for compliance with all laws and regulations applying to the use of the product, including the intellectual property rights of third parties.
Customers may purchase products from Cloud 9 Naturally Inc. only with the clear understanding that all products must be used at their own discretion and only after referring to all relevant technical information specific to the product. Cloud 9 Naturally Inc. shall not be held responsible for any damages to property or for any adverse physical effects (including injury or bodily harm).
Further, Cloud 9 Naturally Inc. is not responsible for statements made in customer reviews or comments, nor when products are used in ways not suitable to their purpose (for example, using diluted essential oils or fragrance oils in diffusers).
Disclaimer and Non-Waiver of Rights
Cloud 9 Naturally Inc. makes no guarantees, representations or warranties of any kind as regards the website and associated technology. Any purportedly applicable warranties, terms and conditions are excluded, to the fullest extent permitted by law. Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance, except as provided for under the laws of any province in Canada. In such cases, the provincial law shall apply to the extent necessary.
Cloud 9 Naturally Inc. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
If you breach any of these Terms and Cloud 9 Naturally Inc. chooses not to immediately act, or chooses not to act at all, Cloud 9 Naturally Inc. will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. Cloud 9 Naturally Inc. does not waive any of its rights. Cloud 9 Naturally Inc. shall not be responsible for any purported breach of these Terms caused by circumstances beyond its control. A person who is not a party to these Terms shall have no rights of enforcement.
You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
As set out, above, some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. Provincial laws of Canada may apply to certain products and service provided.
These Terms shall be governed by, and interpreted and enforced in accordance with, the laws in the Province of Alberta and the laws of Canada, as applicable.
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements, oral or otherwise, regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service.
If you have any questions about these Terms, please contact us.