Terms of Sale
Orders; Sales Tax
You may place your order on our Site at any time (subject to any planned or unplanned periodic downtime). With respect to taxes, if items are purchased from the Site that are subject to sales tax, EnSoul will make customers aware of the tax amount due at the point of purchase.
Product Description; Returns and Exchanges
We attempt to describe the items offered on the Site as accurately as possible; however, we do not warrant that the descriptions or other content on the Site are accurate, complete, reliable, current or error-free. To view our Return Policy.
We have made every effort to display the items featured on this Site as accurately as possible. Please note, however, that the colors we use, as well as the display and color capabilities of your particular computer monitor, will greatly affect the colors actually seen on the screen. The Site cannot be responsible for the limitations of your monitor's display of any color or detail.
Payments and Disputed Payments
EnSoul does not accept checks, drafts, or money orders for orders submitted through the Site. The Site is limited in its capabilities to estimate the shipping costs; especially on orders of more than one product. The Site calculates shipping based on the combined total weight of the order, and cannot factor in multiple boxes that may be required to transport your order. Upon placing an order, the shipping costs are reviewed. If the shipping costs estimated by the Site are not accurate, we will contact you before finalizing the order. We accept major credit cards. You will bear all costs associated with a disputed credit card charge which results in action from EnSoul merchant account provider, otherwise known as "chargebacks".
Pricing; Shipping; Pricing Errors; Other Errors
Prices offered on the Site are quoted in U.S. Dollars. You are responsible for any shipping and handling charges and state and local sales or use taxes that may apply to your order. If the amount you pay for an item is obviously incorrect, regardless of whether it is an error in a price posted on this Site or otherwise communicated to you, then we reserve the right, at our sole discretion, to cancel your order and refund to you the amount that you paid. This policy will apply regardless of how the error occurred.
Safe Shopping & Security
Once you place an order, EnSoul will send you a personalized email within one business day and provide you with an order confirmation number. When your order is shipped, EnSoul will send you a shipment confirmation email with the shipping carrier tracking number, if available. In addition, you can review the status of these order numbers by logging into EnSoulMusic.com selecting "My Account" and viewing your order history online. If a carrier tracking number is available, you can click on the carrier tracking number to view the detailed delivery status of your order. By placing an order with EnSoul, you consent to receive email from EnSoul regarding your order. You can contact us at 1-800-673-1517 during our regular working hours if you have any questions concerning your order.
Disclaimer of Warranties
YOU HEREBY WAIVE ALL OTHER REMEDIES, WARRANTIES, GUARANTEES OR LIABILITIES, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WHETHER OR NOT OCCASIONED BY THE NEGLIGENCE OF EnSoul. YOU ACKNOWLEDGE BY YOUR USE OF EnSoul PRODUCTS THAT YOUR USE OF THE PRODUCTS AND ANY RELIANCE UPON THEM IS AT YOUR SOLE RISK, AND THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH EnSoul PRODUCTS. EnSoul EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES SO THESE LIMITATIONS MAY NOT APPLY TO YOU. THE WARRANTIES SET FORTH HEREIN GIVE YOU SPECIFIC LEGAL RIGHTS AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. IF AN ITEM HAS BEEN PURCHASED FOR CONSUMER USE, ANY IMPLIED WARRANTY OR WARRANTIES SHALL EXPIRE ON EXPIRATION OF ANY EXPRESS WARRANTY.
Waiver and Limitation of Liability
EnSoul HAS PRICED ITS PRODUCTS UPON THE UNDERSTANDING, AND YOU HEREBY ACKNOWLEDGE THE UNDERSTANDING, THAT EnSoul WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY FORM OF CONSEQUENTIAL, INCIDENTAL, STATUTORY, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES OF WHATEVER KIND OR TYPE ARISING FROM ANY TYPE OF COMMERCIAL, BUSINESS, ENVIRONMENTAL, TORT, WARRANTY, CONTRACT, STRICT LIABILITY OR OTHER CAUSES ARISING DIRECTLY OR INDIRECTLY FROM OR IN CONNECTION WITH ANY PRODUCT AND/OR ITS USE, EXCEPT CONSEQUENTIAL DAMAGES FOR ANY INJURY TO A PERSON IN THE CASE OF PRODUCTS PURCHASED FOR CONSUMER USE. Follow all instructions and heed all warnings accompanying any products associated with the Site. Some products, including those with small pieces, may not be suitable for children and should be kept out of the reach of children. YOU AGREE NOT TO JOIN IN ANY LAWSUIT WITH ANOTHER PERSON OR SERVE AS A CLASS REPRESENTATIVE OF ANY CLASS ACTION LAWSUIT AGAINST EnSoul ARISING OUT OF YOUR PURCHASE OR USE OF PRODUCTS ORDERED VIA THE SITE.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD COMPLETELY HARMLESS EnSoul FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING ATTORNEYS' FEES, ARISING FROM OR RELATED TO YOUR USE OF ANY ITEMS PURCHASED VIA THE SITE.
Governing Law and Venue
This Agreement, the entire relationship between you and EnSoul, and any litigation or other legal proceeding between you and EnSoul (whether grounded in tort, contract, law or equity) shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to its choice of law rules.