Welcome to the www.earthfromearth.com website (the “Website”) Terms and Conditions. Earth from Earth Ltd. (we”, “us” or “our”) provides the services available on the Website.
Your use of this Website is governed by these Terms and Conditions set out below. By using any part of this Website, completing your customer registration with us and/or placing an order on the Website you agree to be bound by the Terms and Conditions.
1. USE OF WEB SITE
About Earth from Earth LTD
Earth from Earth LTD is the supplier of the goods and our address is:
Earth from Earth LTD,
Upper Hill House, Upper Hill Rise
Rickmansworth, WD3 7NU
Company registration number: 11872383
Eligibility
To be eligible to purchase goods on this Website and to lawfully enter into and form contracts on this Website under English law you must be the holder of a valid debit/credit card.
You warrant that the personal information which you are required to provide when you register as a customer is true, accurate and current in all respects. If your personal information changes then please notify us immediately by contacting Customer Services on the following number (open 9.00am to 5.30pm, Monday to Friday) +44 (0)1923 446 560 or email : earth@earthfromearth.com
You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
Privacy
Please review our Privacy Policy, which explains our use of information you provide via the Website, so that you may understand our privacy practices.
Language
This contract shall be concluded in English.
2. PLACING AN ORDER
You place your order request for goods from the Website by clicking on the confirm order button at the end of the on-line order process. You will be guided through the process of placing an order by a series of simple instructions on the Website.
Once you have placed your order, we will send to you an acknowledgement providing you with a payment reference and the value of your order which has been debited to your credit/debit card. This is not an order confirmation or order acceptance from Earth from Earth
Unless we have notified you that we do not accept your order or you have cancelled your order in accordance with the Cancellation section of the Site, our acceptance of your order and the completion of the contract between you and us will take place when we have dispatched the goods ordered by you. To cancel your order after it has been dispatched to you, you will need to follow the Returns Policy & Procedure.
If you require a VAT invoice, please contact us on +44 (0)1923 446 560 or email earth@earthfromearth.com
If you do require any information regarding your order(s) please contact Customer Services on the following number (open 9.00am to 5.30pm, Monday to Friday) +44 (0)1923 446 560 or email earth@earthfromearth.com
We may not accept your order if an item you have ordered is out of stock, we are unable to obtain authorisation for your payment or if we identify a product or pricing error. We reserve the right to reject any offer to purchase by you at any time.
If we are unable to fulfil your order following our order acknowledgement, we will contact you by email or telephone advising you of this. See Cancellation and Returns procedure set out in Section 10 below.
3. OFFICE ADDRESS
Our address is Earth from Earth LTD Upper Hill House, Upper Hill Rise, Rickmansworth Hertfordshire WD3 7NU United Kingdom
4. PRODUCT DESCRIPTION
We will take all reasonable care to ensure that all details, descriptions and prices of products appearing on the Website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information including product descriptions appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order. We cannot confirm the price of a product until your order is accepted in accordance with our order acceptance policy.
5. PAYMENT
All prices indicated for products available via the Website are inclusive of VAT (where applicable) at the current rates and are exclusive of delivery charges. The total cost of your order is the price of the products ordered plus VAT and delivery charges as set out in the Delivery section of the Website. Payment can be made by any of the methods specified in the Payment section of this Website and payment will be debited and cleared from your account as set out in the Payment section of this Website.
You confirm that the credit or debit card that is being used is yours.
All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to, or subsequently refuses to, or does not, for any reason, authorise payment to us, we will not be liable for any delay or non-delivery.
6. LEGAL OWNERSHIP
We will retain the legal ownership of the goods until full payment has been made by you and such payment has been received by us. Legal ownership of the goods will immediately revert to us if we refund any such payment to you.
7. DELIVERY
We will deliver the goods in accordance with the delivery option selected by you during the order process. Any delivery timescales quoted to you are indicative only. Orders may be delivered in one or more delivery.
Earth from Earth LTD does not accept any liability whatsoever for delayed delivery caused by any third party. As soon as you have received the goods, you will assume all risk in the goods. Upon delivery of the goods to you, we will also provide you with sufficient details to enable you to:
a) exercise your right of cancellation; and
b) address any intended cancellation or complaints to the correct place of business.
8. ACCEPTANCE OF GOODS
Upon receipt of the goods you must inspect the goods and you will be deemed to have accepted the goods unless you notify us that you have cancelled the order and/or you return the goods in accordance with the Returns Procedures. If no such action is taken, we shall not be obliged to accept any rejection of the goods at a later date. Your statutory rights are not affected.
If you have not received the entire order as detailed in the order confirmation email sent to you when an order is received, please contact Customer Services on the following number (open 9.00am - 5.30pm, Monday to Friday) +44 (0)1923 446 560 or email enquire@earthfromearth.com
9. CANCELLATION AND GOODS RETURNED POLICY
Please note that you may cancel this contract if you give us notice by telephone or by email at any time before the expiry of a period of 7 working days beginning with the day after the day of delivery of the goods.
Should you wish to cancel your order before it has been dispatched, please click on the link and follow the procedure set out in the How to Cancel an Order page. If your order has already been dispatched, please click on the link and follow the procedure set out in the Returns Procedure page.
Your statutory rights are not affected.
10. COMPLAINTS PROCEDURE
If you wish to complain about any matter in respect of the goods please contact us on the following number (open 9.00am - 5.30pm, Monday to Friday)+44 (0)1923 446 560 or email earth@earthfromearth.com
11. INTELLECTUAL PROPERTY
All content available on the Website, including, but not limited to, text, graphics, logos, button icons, images, audio clips, data compilations, and software, and the compilation thereof (the “Content”) is the property of Earth from Earth LTD by UK and international copyright laws.
The trade marks, logos, and service marks displayed on the Website (collectively, the “Trade Marks”) are the registered and unregistered marks of Kehinde Ogunba and is are protected by UK and international trade mark laws. All other Trade Marks not owned by us, our affiliates, our partners or our licensors that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us
12. LICENCE
We grant you a limited, revocable, and non-exclusive licence to access and make personal use of the Website. Please note that you may not frame or utilise framing techniques to enclose the Website or any portion thereof without our prior written consent.
The limited licence set forth in this Section 15 does not include the right to:
1. modify or download the Website or its contents (except caching or as necessary to view content);
2. make any use of the Website or its Content other than personal use;
3. create any derivative work based upon either the Website or its Content;
4. collect account information for the benefit of another party;
5. use any meta tags or any other “hidden text” utilising our name or the Trade Marks without our express written consent; or
6. use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of the Website for personal, non-commercial use only. A website that links to our Website may:
a) link to, but not replicate, our Content;
b) not imply that we are endorsing such website or its services or products;
c) not misrepresent its relationship with us;
d) not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content appropriate for all ages;
e) not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions;
f) not use any trade mark without express written permission; and
g) not link to any page of the Website other than the home page. We may, in our sole discretion, request that you remove any link to the Website, and upon receipt of such request, you shall immediately remove such link.
Any unauthorised use by you of the Website terminates the limited licence set forth in this Section 15 without prejudice to any other remedy provided by applicable law.
13. INDEMNITY
You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable legal fees, resulting from any third party claim, action, or demand resulting from your use of the Website. You also agree to indemnify us for any loss, damages, or costs, including reasonable legal fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
14. DISPUTES
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 Earth from Earth Ltd shall be submitted to confidential arbitration in London, 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 English Courts, 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 this Agreement 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 or other judicial body in London, and all applicable provisions of this Section 20 shall apply.
15. GENERAL
You acknowledge and agree that these Terms and Conditions, together with our Privacy Policy, constitute the complete and exclusive agreement between us concerning your use of the Website and any purchase by you of any goods from Earth from Earth LTD, and supersede and govern all prior proposals, agreements, or other communications.
If any provision of these Terms and Conditions is held to be illegal, invalid or unenforceable in whole or in part, then these Terms and Conditions shall continue to be valid as to the other provisions and the remainder of the affected provision. Any waiver of any of the provisions of these Terms and Conditions by Earth from Earth LTD shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other provisions of these Terms and Conditions.
No failure to exercise and no delay on the part of either party in exercising any right, remedy, power or privilege of that party under these Terms and Conditions and no course of dealing between the parties shall be construed or operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights and remedies provided by these Terms and Conditions are cumulative and are not exclusive of any rights or remedies provided by law. Time shall not be of the essence of these Terms and Conditions as regards any of the times, dates and/or periods mentioned herein.
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us.
We reserve the right to change these Terms and Conditions at any time and we encourage you to revisit these Terms and Conditions periodically to ensure that you are at all times fully aware of our Terms and Conditions. Any changes are effective immediately upon posting to the Website. Your continued use of the Website constitutes your agreement to all such Terms and Conditions.
We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Website.
We reserve the right to refuse to supply goods to any person for any reason whatsoever, to withdraw any goods from the Website at any time and/or remove or edit any materials or content on the Website. We will not be liable to you or any third party by reason of our withdrawing of any goods from this Website whether or not such goods have been sold; removing or editing content on the Website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
If you have any questions regarding these Terms and Conditions, please contact us by email at earthfromearth.com
16. GOVERNING LAW
Your use of this Website and any purchase by you of any goods from Earth from Earth Limited shall be governed by English law and the parties hereto submit to the exclusive jurisdiction of the English courts.