Website Terms of Use

Valid as of 1 January 2024

Preamble

We are Essencia, Aetherische Oele AG, a company registered in Switzerland under number CHE-101.293.118 (“Essencia AG”), and we operate the website www.essencia.ch (the “Website”). Our main establishment is located at Stäffelistrasse 8, 8409 Winterthur, Switzerland.

These terms of use (“Terms of Use”) define the legal conditions under which we allow you to access our Website (as a registered user or guest). By viewing, browsing, or otherwise using our Website, you accept these Terms of Use without limitation or reservation. If you do not agree to these Website Terms of Use, you are not authorized to access or use the Website and must leave immediately.

1.1 Understanding these Terms of Use

1.1.1 When certain terms and phrases are used in these Terms of Use, they have specific meanings (“Defined Term(s)”). You can identify these Defined Terms because they begin with a capital letter (even if they are not at the beginning of a sentence). When a Defined Term is used, it has the meaning assigned to it in the section of these Terms of Use where it is defined (you can find these meanings by looking for the phrase where the Defined Term is indicated in parentheses and quotation marks and bold letters).

1.1.2 When we refer to “we,” “our,” or “us,” we are referring to Essencia AG. When we refer to “you,” “your,” or “yours,” we are referring to you as the person accessing or using our Website.

1.2 Our Website

1.2.1 Our Website is made available for free. We do not guarantee that our Website or any content on our site will always be available or accessible without interruption. Access to our Website is granted temporarily. We may suspend, delete, interrupt, or modify all or part of our Website without notice. We will not be responsible to you if, for any reason and at any time, our Website is unavailable or for any duration and/or if we update the Website and/or change its content.

1.2.2 You are responsible for making the necessary arrangements to access our Website. You are also responsible for ensuring that all individuals accessing our Website through your internet connection are aware of these Terms of Use and accept them.

1.2.3 We do not guarantee that the Website, or any content on our site, is free from errors or omissions. We make reasonable efforts to provide only accurate and up-to-date information on the Website; however, we make no express or implied representation or warranty regarding such information.

1.2.4 The Website and its content are provided for general information and entertainment purposes only. They are not intended to be relied upon as advice (medical or otherwise). You should seek advice from a professional or specialist before taking any action based on the content of our Website.

1.3 Our Professional Platform

1.3.1 If you register with us on our Website through our professional online platform (“Professional Platform”), it means you are a registered professional / a business user.

1.3.2 Only registered professionals can access our Professional Platform by providing their VAT number.

1.3.3 You will be asked to provide your email address and password as part of our security procedures. You must treat this information as confidential and not disclose it to any third party.

1.3.4 We have the right to disable any account and/or password at any time if we believe you have not complied with any of the provisions of these Terms of Use.

1.4 Our rights

1.4.1 We are the owner or exclusive licensee of all intellectual property rights on the Website and its content, the name and brand Essencia AG, as well as the names, images, and packaging of Essencia AG. These works are protected by copyright laws and treaties worldwide. All rights are reserved.

1.4.2 You are not allowed to use, and shall not use, any of our intellectual property rights for any purpose other than as described in these Terms of Use. Nothing in these Terms of Use intends to convey any intellectual property rights in, or associated with, any of Essencia AG’s intellectual property.

1.4.3 You can use our Website (or any part of its content) for agreed commercial purposes only; this also applies to documentation that is available for download on our Website. No part of the Website, including, but not limited to, the text, designs, graphics, photos, and images it contains, may be copied, reproduced, republished, downloaded, rebroadcast, modified, transmitted, distributed, or used in any other way for non-personal, public, or commercial purposes without our prior written agreement.

1.4.4 Any message or document that you send us via the Website by email or other means will be treated as non-proprietary and non-confidential (except for messages related to your orders for any Products and/or Services as defined in our General Terms and Conditions of Business). We are free to publish, display, broadcast, distribute, and otherwise use any ideas, suggestions, concepts, designs, know-how, and other information contained in these messages or documents for any purpose, including, but not limited to, developing, manufacturing, promoting, and conducting marketing activities related to us or our Products and/or Services.

1.5 Our liability

1.5.1 The Website is provided “as is” and “as available” and, to the extent permitted by law, we exclude all conditions, warranties, representations, or other terms that may apply to our Website or its content, whether express or implied.

1.5.2 We disclaim any liability to you for any loss or damage, whether contractual, tortious (including negligence), breach of legal duty, or otherwise, even if foreseeable, arising out of or related to:

1.5.2.1 Use of, and/or inability to use our Website; and/or

1.5.2.2 Use of any content displayed on our Website.

1.5.3 If you are a professional / business user, please note that we specifically disclaim any liability for:

1.5.3.1 Loss of profits, sales, business, and/or revenue;

1.5.3.2 Business interruption;

1.5.3.3 Loss of anticipated savings;

1.5.3.4 Loss of business opportunity, goodwill, and/or reputation; and/or

1.5.3.5 Any indirect or consequential loss or damage.

1.5.4 If you are a consumer, please note that our Website is provided for professional use only. You agree not to use our Website for personal purposes, and we disclaim any liability to you for loss of profit, business loss, business interruption, or loss of business opportunity.

1.5.5 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or any other harmful technological material that may infect your computer, software, data, or other proprietary material due to your use of our Website or your downloading of its content or the content of any linked Website on our Website.

1.5.6 We disclaim any liability for the content of linked websites on our Website. The presence of these links should not be considered an endorsement by us of the websites and content they redirect to. We disclaim any liability for any loss or damage resulting from your use of them.

1.5.7 Nothing in these Terms of Use excludes or limits our liability for:

1.5.7.1 Death or personal injury caused by our negligence;

1.5.7.2 Fraud or fraudulent misrepresentation; and

1.5.7.3 Any matter for which it would be illegal for us to exclude or limit our liability.

1.5.8 Different limitations and exclusions of liability will apply for liability arising from the sale or performance of Essencia AG Products and/or Services. These are stipulated in the General Terms and Conditions of Business.

1.6 Viruses

1.6.1 We do not guarantee that our Website is secure and free from viruses. You are responsible for configuring your computer hardware, software, and platforms to access our Website, and we recommend using your own antivirus protection software.

1.6.2 You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs, or any other malicious or harmful material or technology. You must not attempt to gain unauthorized access to our Website, the server on which our Website is hosted, or any server, computer, or database connected to our Website. You must not attack our Website through a denial-of-service or distributed denial-of-service attack. If you violate this provision, you will commit an offense under the Swiss Criminal Code. We will report any such breach to the relevant authorities and cooperate with those authorities by disclosing your identity. In the event of such a breach, your right to use our Website will cease immediately.

1.7 Your personal information

We use your personal information only in accordance with our Data Privacy Policy. Please take the time to read our Data Privacy Policy, as it contains important information and clauses that apply to you.

1.8 Applicable law and court of jurisdiction

These Terms of Use are governed by Swiss law, excluding any conflict of law provisions. You and we agree that the ordinary courts of Zurich, Switzerland, shall have exclusive jurisdiction to settle any dispute arising in connection with all aspects of all matters to which these Terms of Use apply, subject to an appeal to the Swiss Federal Court.

1.9 Contact us

If you have any questions about the Website or these Terms of Use, please contact us using the form on the Contact Us page of our Website (Contact Us); our customer service team will be happy to assist you.