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TERMS OF SERVICE
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
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
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.
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.
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.
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 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 8 days of purchase. For further information see "The Consumer Protection (Distance Selling) Regulations 2000" which can be found at http://www.hmso.gov.uk/si/si2000/20002334.htm
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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