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TERMS OF SERVICE
OVERVIEW
This website is operated by
Earthly Gems Ltd. Throughout the site, the terms “we”, “us” and “our”
refer to Earthly Gems Ltd. Earthly Gems Ltd offers this website,
including all information, tools and services available from this site
to you, the user, conditioned upon your acceptance of all terms,
conditions, policies and notices stated here.
By visiting our
site and/ 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 conditions and
policies referenced herein and/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, and/ 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.
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. If these Terms
of Service are considered an offer, acceptance is expressly limited to
these Terms of Service.
Any new features or tools which are added
to the current store shall also be subject to the Terms of Service. You
can review the most current version of the Terms of Service at any time
on this page. We reserve the right to update, change or replace any
part of these Terms of Service by posting updates and/or changes to our
website. It is your responsibility to check this page periodically for
changes. Your continued use of or access to the website following the
posting of any changes constitutes acceptance of those changes.
SECTION 1 - ONLINE STORE TERMS
By
agreeing to these Terms of Service, you represent that you are at least
the age of majority in your state or province of residence, or that you
are the age of majority in your state or province of residence and you
have given us your consent to allow any of your minor dependents to use
this site.
You may not use our products for any illegal or
unauthorized purpose nor may you, in the use of the Service, violate any
laws in your jurisdiction (including but not limited to copyright
laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You
understand that your content (not including credit card information),
may be transferred unencrypted and involve (a) transmissions over
various networks; and (b) changes to conform and adapt to technical
requirements of connecting networks or devices. Credit card information
is always encrypted during transfer over networks.
You agree not
to reproduce, duplicate, copy, sell, resell or exploit any portion of
the Service, use of the Service, or access to the Service or any contact
on the website through which the service is provided, without express
written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We
are not responsible if information made available on this site is not
accurate, complete or current. The material on this site is provided for
general information only and should not be relied upon or used as the
sole basis for making decisions without consulting primary, more
accurate, more complete or more timely sources of information. Any
reliance on the material on this site is at your own risk.
This
site may contain certain historical information. Historical information,
necessarily, is not current and is provided for your reference only. We
reserve the right to modify the contents of this site at any time, but
we have no obligation to update any information on our site. You agree
that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We
reserve the right at any time to modify or discontinue the Service (or
any part or content thereof) without notice at any time.
We shall
not be liable to you or to any third-party for any modification, price
change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain
products or services may be available exclusively online through the
website. These products or services may have limited quantities and are
subject to return or exchange only according to our Return Policy.
We
have made every effort to display as accurately as possible the colours
and images of our products that appear at the store. We cannot
guarantee that your computer monitor's display of any colour will be
accurate.
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
reserve the right to limit the quantities of any products or services
that we offer. All descriptions of products or product pricing are
subject to change at anytime without notice, at the sole discretion of
us. We reserve the right to discontinue any product at any time. Any
offer for any product or service made on this site is void where
prohibited.
We do not warrant that the quality of any products,
services, information, or other material purchased or obtained by you
will meet your expectations, or that any errors in the Service will be
corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We
reserve the right to refuse any order you place with us. We may, in our
sole discretion, limit or cancel quantities purchased per person, per
household or per order. These restrictions may include orders placed by
or under the same customer account, the same credit card, and/or orders
that use the same billing and/or shipping address. In the event that we
make a change to or cancel an order, we may attempt to notify you by
contacting the e-mail and/or billing address/phone number provided at
the time the order was made. We reserve the right to limit or prohibit
orders that, in our sole judgment, appear to be placed by dealers,
resellers or distributors.
You agree to provide current, complete
and accurate purchase and account information for all purchases made at
our store. You agree to promptly update your account and other
information, including your email address and credit card numbers and
expiration dates, so that we can complete your transactions and contact
you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You
acknowledge and agree that we provide access to such tools ”as is” and
“as available” without any warranties, representations or conditions of
any kind and without any endorsement. We shall have no liability
whatsoever arising from or relating to your use of optional third-party
tools.
Any use by you of optional tools offered through the site
is entirely at your own risk and discretion and you should ensure that
you are familiar with and approve of the terms on which tools are
provided by the relevant third-party provider(s).
We may also, in
the future, offer new services and/or features through the website
(including, the release of new tools and resources). Such new features
and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party
links on this site may direct you to third-party websites that are not
affiliated with us. We are not responsible for examining or evaluating
the content or accuracy and we do not warrant and will not have any
liability or responsibility for any third-party materials or websites,
or for any other materials, products, or services of third-parties.
We
are not liable for any harm or damages related to the purchase or use
of goods, services, resources, content, or any other transactions made
in connection with any third-party websites. Please review carefully the
third-party's policies and practices and make sure you understand them
before you engage in any transaction. Complaints, claims, concerns, or
questions regarding third-party products should be directed to the
third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If,
at our request, you send certain specific submissions (for example
contest entries) or without a request from us you send creative ideas,
suggestions, proposals, plans, or other materials, whether online, by
email, by postal mail, or otherwise (collectively, 'comments'), you
agree that we may, at any time, without restriction, edit, copy,
publish, distribute, translate and otherwise use in any medium any
comments that you forward to us. We are and shall be under no obligation
(1) to maintain any comments in confidence; (2) to pay compensation for
any comments; or (3) to respond to any comments.
We may, but
have no obligation to, monitor, edit or remove content that we determine
in our sole discretion are unlawful, offensive, threatening, libellous,
defamatory, pornographic, obscene or otherwise objectionable or
violates any party’s intellectual property or these Terms of Service.
You
agree that your comments will not violate any right of any third-party,
including copyright, trademark, privacy, personality or other personal
or proprietary right. You further agree that your comments will not
contain libellous or otherwise unlawful, abusive or obscene material, or
contain any computer virus or other malware that could in any way
affect the operation of the Service or any related website. You may not
use a false e-mail address, pretend to be someone other than yourself,
or otherwise mislead us or third-parties as to the origin of any
comments. You are solely responsible for any comments you make and their
accuracy. We take no responsibility and assume no liability for any
comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally
there may be information on our site or in the Service that contains
typographical errors, inaccuracies or omissions that may relate to
product descriptions, pricing, promotions, offers, product shipping
charges, transit times and availability. We reserve the right to correct
any errors, inaccuracies or omissions, and to change or update
information or cancel orders if any information in the Service or on any
related website is inaccurate at any time without prior notice
(including after you have submitted your order).
We undertake no
obligation to update, amend or clarify information in the Service or on
any related website, including without limitation, pricing information,
except as required by law. No specified update or refresh date applied
in the Service or on any related website, should be taken to indicate
that all information in the Service or on any related website has been
modified or updated.
SECTION 12 - PROHIBITED USES
In
addition to other prohibitions as set forth in the Terms of Service, you
are prohibited from using the site or its content: (a) for any unlawful
purpose; (b) to solicit others to perform or participate in any
unlawful acts; (c) to violate any international, federal, provincial or
state regulations, rules, laws, or local ordinances; (d) to infringe
upon or violate our intellectual property rights or the intellectual
property rights of others; (e) to harass, abuse, insult, harm, defame,
slander, disparage, intimidate, or discriminate based on gender, sexual
orientation, religion, ethnicity, race, age, national origin, or
disability; (f) to submit false or misleading information; (g) to upload
or transmit viruses or any other type of malicious code that will or
may be used in any way that will affect the functionality or operation
of the Service or of any related website, other websites, or the
Internet; (h) to collect or track the personal information of others;
(i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for
any obscene or immoral purpose; or (k) to interfere with or circumvent
the security features of the Service or any related website, other
websites, or the Internet. We reserve the right to terminate your use of
the Service or any related website for violating any of the prohibited
uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You
agree that from time to time we may remove the service for indefinite
periods of time or cancel the service at any time, without notice to
you.
You expressly agree that your use of, or inability to use,
the service is at your sole risk. The service and all products and
services delivered to you through the service are (except as expressly
stated by us) provided 'as is' and 'as available' for your use, without
any representation, warranties or conditions of any kind, either express
or implied, including all implied warranties or conditions of
merchantability, merchantable quality, fitness for a particular purpose,
durability, title, and non-infringement.
In no case shall
Earthly Gems Ltd, our directors, officers, employees, affiliates,
agents, contractors, interns, suppliers, service providers or licensors
be liable for any injury, loss, claim, or any direct, indirect,
incidental, punitive, special, or consequential damages of any kind,
including, without limitation lost profits, lost revenue, lost savings,
loss of data, replacement costs, or any similar damages, whether based
in contract, tort (including negligence), strict liability or otherwise,
arising from your use of any of the service or any products procured
using the service, or for any other claim related in any way to your use
of the service or any product, including, but not limited to, any
errors or omissions in any content, or any loss or damage of any kind
incurred as a result of the use of the service or any content (or
product) posted, transmitted, or otherwise made available via the
service, even if advised of their possibility. Because some states or
jurisdictions do not allow the exclusion or the limitation of liability
for consequential or incidental damages, in such states or
jurisdictions, our liability shall be limited to the maximum extent
permitted by law.
SECTION 14 - INDEMNIFICATION
You
agree to indemnify, defend and hold harmless Earthly Gems Ltd and our
parent, subsidiaries, affiliates, partners, officers, directors, agents,
contractors, licensors, service providers, subcontractors, suppliers,
interns and employees, harmless from any claim or demand, including
reasonable attorneys’ fees, made by any third-party due to or arising
out of your breach of these Terms of Service or the documents they
incorporate by reference, or your violation of any law or the rights of a
third-party.
SECTION 15 - SEVERABILITY
In the event
that any provision of these Terms of Service is determined to be
unlawful, void or unenforceable, such provision shall nonetheless be
enforceable to the fullest extent permitted by applicable law, and the
unenforceable portion shall be deemed to be severed from these Terms of
Service, such determination shall not affect the validity and
enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The
obligations and liabilities of the parties incurred prior to the
termination date shall survive the termination of this agreement for all
purposes.
These Terms of Service are effective unless and until
terminated by either you or us. You may terminate these Terms of Service
at any time by notifying us that you no longer wish to use our
Services, or when you cease using our site.
If in our sole
judgment you fail, or we suspect that you have failed, to comply with
any term or provision of these Terms of Service, we also may terminate
this agreement at any time without notice and you will remain liable for
all amounts due up to and including the date of termination; and/or
accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The
failure of us to exercise or enforce any right or provision of these
Terms of Service shall not constitute a waiver of such right or
provision.
These Terms of Service and any policies or operating
rules posted by us on this site or in respect to The Service constitutes
the entire agreement and understanding between you and us and govern
your use of the Service, superseding any prior or contemporaneous
agreements, communications and proposals, whether oral or written,
between you and us (including, but not limited to, any prior versions of
the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
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 England.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
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. It is your responsibility to check our website periodically
for changes. Your continued use of or access to our website or the
Service following the posting of any changes to these Terms of Service
constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us, contact us by email or telephone
Below is a duplicate of our Delivery, Returns Policy & cancellation details
Ordinarily orders received before 12 noon (GMT/BST)are dispatched the
same day, other orders within 24hrs Monday - Friday and should arrive
within 3-5 working days to UK based addresses, or by the advertised time
if you select an alternative service however this maybe impacted by
inclement weather or action by our couriers which we are not responsible
for.
If an issue arises with items in stock and we cannot supply
your order we will notify you as soon as possible with regard to an
alternative option or a partial/full refund.
Estimated shipping costs are available once you enter a product into your shopping cart(view cart).
The
total price of your purchase & shipping will be confirmed at the
end of the transaction. You will be informed of any delivery charges and
the timescale for receipt of your goods or services.
If you
create separate orders prior to any being picked or dispatched we will
try to combine them and reduce the shipping cost, however a small charge
maybe retained due to weight and packaging materials.
You will
receive an email or postal confirmation of your transaction(if you don't
there maybe a technical issue with your email or internet provider).
Organisation: Earthly Gems Ltd
Nature of business: Crystal, Mineral supplier.
Payment arrangements: The payment method accepted by Earthly Gems Ltd are : PayPal, Credit/Debit Cards.
Delivery
There
are several delivery options which can be selected during the checkout
process, estimates are available when viewing the shopping cart prior to
checkout, currently we don't charge for delivery within the UK for
orders over £25, you can of course upgrade at a discount for an
alternate service.
Currently we offer optional FREE SHIPPING to
the UK for goods purchased over the value of £25.00! this is normally
via a 2nd Class or standard parcel post operated by Royal Mail
Carefully select the option you require if you order is urgent we still offer full expedited premium delivery options.
Orders normally shipped THE SAME DAY when received before 12 noon, excluding Bank Holidays(shipments are normally Mon-Fri).
Please
not whilst we will try and accommodate specific requests "leave with a
neighbour' etc. it may not be possible and is dependent on the delivery
service selected.
As a guide for UK shipping charges are from
100g up to 1Kgis £2.79(2nd Class), 100g up to 1kg is £3.40(1st Class),
2kg is £5.30(courier post), 10Kg is £6.99 ex vat
As a guide
for Europe shipping charges are from 100g is £3.95(Small Packet), 300g
is £3.62(Small Packet), 500g is £5.50(Small Packet), 1Kg is £8.26, 2kg
is £11.96(small packet) ex vat
As a guide for the USA, Australia
(and the rest of the world) shipping charges are from 100g is
£3.86(Small Packet), 300g is £5.54(Small Packet), 500g is £7.98(Small
Packet), 1Kg is £14.08, 2kg is £26.28(small packet)
If you do return part of a 'free shipped' order we reserve the right to charge the postage for the remainder of the order.
OVERSEA'S
customers please note when spending over 25.00 gbp shipping rates have
been discounted in order to compensate for Free shipping in the UK. (by
weight eg 100g to USA is approximately $3)
UK Shipping options
are :- Royal Mail 1st class or 2nd class 'recorded signed for', Special
Delivery, Parcelforce, by courier the price of shipping is displayed
when you visit the checkout YOU MAY select an alternative delivery
method by clicking another option, all price options are displayed.
We
currently offer the option of shipping to an alternate delivery
address, in most case we are happy to oblige, but please note we cannot
always accommodate this request.
We reserve the right to choose another service to ensure an efficient & safe delivery.
Most
1st class items will be delivered between 24-48hrs after dispatch
within the UK mainland. 'FREE SHIPPING' orders & 2nd class normally
delivery target is 3 days. Courier normally 24-48hrs. Parcelforce
normally 48hrs. International orders from 5 days.
Our default
options are Royal Mail services and may require a signature for proof of
delivery. If you are not available to sign details are left by the
service for you to arrange re-delivery or collection from a local office
within 7 days. If goods are subsequently returned to us because they
have not been collected we will notify you and re-send them, a charge
will be made at cost for the repeated shipping charge.
We may use an alternative courier for heavier or certain items this will not incur any additional costs to our customers.
All
over sea’s orders will have Custom Declarations where required to aid
with a smooth transition through that countries importation procedures.
You must note that your country may apply additional charges and taxes
for importation it is your responsibility to be aware and to pay for
these. It is also your responsibility to pay for and accept the
repercussions if you order items that are not legal in your respective
country.
Delivery Schedule We aim to despatch your order within 24hrs
of it being placed Monday-Friday, normally orders placed before 12 noon
will ship that business day, you should normally receive your goods
within 2-4 business days unless in the unlikely event of it being out of
stock and on the service you choose, when we will notify you.
International orders are generally received in under 10 days.
Please
not although we monitor to ensure orders are dispatched promptly,
extreme weather conditions, public holidays and other events affecting
delivery services outside of our control may impact the timely arrival
of your order.
We investigate any orders that do not arrive with
the help of the delivery company and local authorities where applicable.
Please note that in many cases we have to wait 14 days before launching
an investigation with the Royal Mail.
Force majeure
Earthly
Gems Ltd shall have no liability to you for any failure to deliver
goods or services you have ordered, or any delay in doing so, or for any
damage or defect to goods delivered that is caused by any event of
circumstances beyond its reasonable control.
Right to cancel
Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 you have the right to cancel your order for any item or service purchased on this website, for a full refund(we reserve the right to refund only the basic shipping fee, any enhancing postage selected at purchase will not be refunded). Your cancellation rights expire after 14 days of receipt of the goods. The distance selling regulations further specify when your cancellation rights expire. Deemed delivery date will be 4 working days from date of posting. Cancellation is only deemed served on Earthly Gems Ltd if sent using one of the methods listed here
Item damaged in transit - If the item delivered has been damaged in transit you can return the item within 14 days or receipt for replacement or a full refund including postage.
Item is defective - You have the right to return faulty items within a reasonable period of time for replacement or a full refund including postage. (Please notify us immediately if this occurs)
Item incorrect - If we send you an incorrect item immediately send the item back to us using the return label enclosed with the goods and we will refund your credit / debit card and your postage.
Please contact us as soon as possible with the order details if this is your intention, please do not send the goods without notifying us and acquiring a contact name for the person dealing with your order.
It is your statutory duty to take 'reasonable care' of the goods and we ask you to return them with the original packaging or (similiar proctective packaging) with the item reference number stickers not removed.(red or green circles) and please include the order number and if possible write it on the front of the package.
The regulations state we must provide you with a full refund for the goods within 30 days of the cancellation.
We will request that you return the goods in the condition they were received at your own cost taking care that they arrive and are not damaged in transit. If the consumer does not return the goods, a charge will be made to cover the cost of collecting the goods or hiring a 3rd party to recover the goods on our behalf.
We do recommend that you obtain proof of dispatch/certificate of posting or use a track able postage method when returning goods.
Unfortunately we cannot refund additional shipping charges either incurred or requested in addition to our default rates.
If goods dispatched qualified for 'free shipping' and you return a portion of them you maybe liable to pay an amount of the shipping fee pro-rata for the goods you retain charged at the most economical rate we use. This does not apply for goods faulty or damaged.
If in the rare event that the goods are faulty or 'not suitable for the use that they were intended for', please take into account the item images and descriptions displayed prior to purchasing, we will offer a replacement or refund monies paid if the goods are returned within 28 days unless a fault is caused by neglect, misuse or by accident.
Unfortunately we will be unable to accept returns of audio/visual media eg Cd's, DVD's if they have been unwrapped from there original wrapping and seals, unless faulty. We expect that you are able to examine them without unwrapping.
Digital downloads by their nature are not refundable, links are valid for a 24hr period after purchase.
Please contact us for further information.
Please remember that when buying goods and services on the Internet, you are entering a legally binding contract.
We are located within England and abide by English law. We should be notified of your intention to return within 14 days of purchase. For further information see "Consumer Contracts (Information, Cancellation and Additional Charges) Regulations"
For ease you can use our returns process here
Alternatively contact us by email or telephone
WHOLESALE Returns Terms:
Any shortages or damages must be reported to us on receipt of goods.
Thank-you for shopping at Earthly Gems Ltd. Remember to sign up to our newsletter for the latest goods & discounts
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