General terms and conditions

GENERAL TERMS AND CONDITIONS ---- OVERVIEW

 

This website is operated by EARTHtoHEAL. The terms “we”, “us” and “our” as used in this site refer to EARTHtoHEAL . EARTHtoHEAL offers this website and all information, tools and services available through this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices contained herein. 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 (hereinafter referred to as “Terms” or “Terms”), including those additional terms and conditions and policies referenced or linked herein. These Terms of Service apply to all users of the site, including 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 of this agreement, then you may not access the website or use any services. To the extent these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. The Terms of Service shall also apply to any new features or tools which may be added to the current store. The current version of the Terms of Service will always be located on this page. We reserve the right to modify, change or replace the Terms of Service, in whole or in part, by posting updates and/or changes to our website. You are responsible for checking this page periodically for changes. Your continued use of the website after we post any changes constitutes acceptance of those changes. Our store is hosted on Shopify Inc. They provide us with the online commerce platform that allows us to sell our products and services to you.

ARTICLE 1 - ONLINE STORE TERMS AND CONDITIONS

By agreeing to these Terms of Service, you represent that you are of legal age under the laws of your country of residence, or that you have given us your consent to allow any minors for whom you are responsible to use this site. You may not use our products for any illegal or unauthorized purpose. You also may not, in the use of the Service, violate any laws in your jurisdiction (including copyright laws). You may not transmit any worms, viruses or malicious code. Failure to comply with any provision of these Terms of Service will result in an immediate termination of your Services.

ARTICLE 2 - GENERAL PROVISIONS

We reserve the right to refuse service to anyone for any reason at any time. You acknowledge that your content (not including credit card information), may be transmitted unencrypted and may involve (a) transmissions over various networks; and (b) changes to the data to conform and comply with technical requirements of connecting networks or devices. Credit card information is always encrypted when transmitted 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 element of the website through which the Service is provided, without our express written consent. The headings in this agreement are for convenience only and will not derogate from or otherwise affect these Terms.

ARTICLE 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information on this site is inaccurate, incomplete or out of date. The material on this site is provided only as We are not responsible if information on this site is inaccurate, incomplete or out of date. 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 data. Historical data, by its very nature, 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 you are responsible for monitoring changes to our site.

ARTICLE 4 - CHANGES TO PRICES AND SERVICE

Prices for our products are subject to change without notice. We reserve the right from time to time to modify or discontinue the Service or any part thereof without notice. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

ARTICLE 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be offered exclusively online through the Site. These products or services may have limited quantities and are subject to return or exchange only in accordance with our Returns Policy. We make every effort to display the colors and images of our products as accurately as possible at the store. However, we cannot guarantee that your computer monitor will accurately display all colors. We reserve the right, but have no obligation, to limit the sales of our products or Services to certain persons, regions or jurisdictions. 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 and prices of products are subject to change at anytime without notice at our sole discretion. 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 such offer is 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.

ARTICLE 6 - ACCURACY OF BILLING AND ACCOUNT DATA

We reserve the right to refuse any order you place with us. Purchases may be limited or canceled by us, in our sole discretion, on a per person, per household or per order basis. These restrictions may also be imposed on 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 notify you using the e-mail and/or billing address/phone number you provided at the time the order was placed. We reserve the right to limit or refuse orders that we believe were placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information when making a purchase 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 information, please review our Returns Policy.

ARTICLE 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 agree that access to such tools is provided on an “as is” and “as available” basis and without any warranties, conditions or endorsements from us. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. You use optional tools offered through the site entirely at your own discretion and risk and you should ensure that you understand and approve of the terms on which tools are provided by the relevant third-party provider. If we decide to offer new services and/or features through the website (such as the release of new tools and resources), such new features and/or services shall be subject to these Terms of Service.

ARTICLE 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 with which we have no association. We are not obligated to examine or evaluate the content or accuracy, and we do not warrant and will not have any liability for any third-party materials or websites, or any other materials, products, or services of third-parties. We are not liable for any harm or injury related to the purchase or use of goods, services, resources or content, or any other transactions made in connection with any third-party websites. Please review the third-party's policies and practices carefully before you engage in any transaction with them. Complaints, claims, problems, or questions regarding third-party products should be directed to the third party.

ARTICLE 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send a submission (for example, in a contest) or you voluntarily send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by regular mail, or otherwise (collectively, "Comments"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use 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 are not obligated to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, defamatory, libelous, pornographic, obscene or otherwise objectionable or violates these Terms of Service or the intellectual property rights of any party. You agree not to post comments that violate any third-party right, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree not to post comments that are libelous or otherwise unlawful, abusive or obscene material, or that 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, impersonate someone else, or otherwise mislead us or third-parties as to the source of any comments. You are solely responsible for all comments you post and their accuracy. We assume no responsibility or liability for any comments posted by you or any third-party.

ARTICLE 10 - PERSONAL DATA

Our Privacy Policy governs how we collect and use personal information. Read our Privacy Policy here.

ARTICLE 11 - ERRORS, INACCURACIES AND OMISSIONS

Our site or the Service may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. If any information in the Service or on any related website is inaccurate, we reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders at any time without prior notice (including after you have submitted an order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including pricing information, except as required by law. A date specified in the Service or on any related website that information is updated or renewed does not mean that all information in the Service or on any related website has been modified or updated.

ARTICLE 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you may not use the Site and its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, state, national or local law or regulation; (d) to infringe upon our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnic or national origin, race, age or disability; (f) to transmit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that may or will 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 data of others; (i) for the purpose of spamming, phishing, pharming, pretexting, spidering, crawling, or scraping; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security 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 any reason whatsoever pursuant to this prohibited use provision.

ARTICLE 13 - DISCLAIMER OF WARRANTY; LIMITATIONS OF LIABILITY

We do not warrant that our Service will be uninterrupted, timely, secure or error free during your use of it. 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 we may periodically remove the Service for indefinite periods of time and terminate it at any time, without notice to you. Powered by Shopify www.shopify.com You agree that we may periodically remove the Service for indefinite periods of time and terminate it at any time, without notice to you. You expressly agree that your use of the Service is at your sole risk, and that you bear the sole risk of any unavailability of the Service. The Service and all products and services delivered to you through the Service are (unless we expressly state otherwise) provided to you "as is" and "as available" without any express or implied warranties of any kind, including warranties of merchantability, merchantable quality, fitness for a particular purpose, durability, title, or non-infringement. In no event shall EARTHtoHEAL , our directors, officers, affiliates, agents, representatives, labor contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, damage or claim for any direct, indirect, incidental, special, punitive or consequential damages of any kind, including damages for loss of profits, loss of revenue, loss of savings or data, replacement costs, or any similar damages, whether in an action of contract, tort (including negligence), strict liability or otherwise, arising from your use 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 claims related to 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 we have been advised of the possibility of such damages. Because some jurisdictions do not allow the limitation of liability for incidental or consequential damages, our liability for such damages is limited to the fullest extent permitted by law.

ARTICLE 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless EARTHtoHEAL and our parent, subsidiaries, affiliates, partners, officers, agents, labor contractors, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand made by any third party, including reasonable attorneys' fees, arising out of your breach of these Terms of Service or the documents incorporated by them.