You may not use the EarthwardEssential for activities that; "violate any law, statute, ordinance or regulation.
relate to transactions involving (a) narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety, (b) drug paraphernalia, (c) cigarettes, (d) items that encourage, promote, (e) facilitate or instruct others to engage in illegal activity, (f) "the promotion of hate, violence, racial intolerance or the financial exploitation of a crime,
or any other activity in comments for promotion of any product". In addition; "(g) items or discussion considered obscene, (h) or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (i) offer certain sexually oriented materials or services, (j) ammunition, firearms, or certain firearm parts or accessories, or (k) certain weapons or knives regulated under applicable law".
May 25, 2018 [GDPR] You may at any time request all information we have on record based on your submissions. We also encourage notification if you no longer desire to receive any notification from us regarding products & services you have shown or identified as having an interest in. At your request we will remove any and all information relative to your activity & interests we maintain, and cease mailing information relative to those indicated interests or products.
1. Information about us
The Site is operated by EarthwardEssential.com located in Chelmsford Ma, at P.O. Box 413, Chelmsford, Ma., 01824
2. How the contract is formed between you and us
2.1 You may place an order to purchase a Product advertised for sale on the Site by following the onscreen prompts after clicking on the item you are interested in. You will have an opportunity to check and correct any input errors in your order up until the point at which you submit your order by clicking the "Make Payment" button on the "Payment Details" page.
2.2 After placing an order, you will receive an e-mail (the "Order Confirmation") from us acknowledging that we have received your order and giving an order number and a summary of your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the "Dispatch Confirmation"). The contract between us will only be formed when we send you the Dispatch Confirmation.
2.3 The contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
2.4 We may choose not to accept your order for any reason and we will not be liable to you or to anyone else in those circumstances.
2.5 We may be unable to process your order if the Product you ordered is out of stock, discontinued, or there is a problem with authorization of the payment on your credit card.
3.1 We will deliver the Products to you in accordance with the delivery option specified by you when you placed your order.(e.g. Standard Delivery, Express Delivery, or Click & Collect).
3.2 We ship using standard USPS services, which will allow collection the next day (Monday to Saturday only). The cut off point for a next day collection will be 3pm. Collection is only available during store opening hours Monday to Saturday, consequently if you place your order on a Saturday, your order will be available the following Tuesday. During a sale period or busy periods (e.g. Christmas) deliveries to a store may take longer than any time quoted. Please refer to the Delivery Information page for extended delivery timescales in respect of remote locations and certain postcodes.
3.3 We will usually deliver all Products comprised in your order in one delivery. We will deliver directly to the delivery address specified in your order unless you have selected.
3.4 We cannot deliver items within the same order to multiple addresses.
3.5 Express Deliveries must be signed for at the delivery address..
4. Risk and Ownership
4.1 Once delivered, the Products ordered will become your responsibility and, except in relation to Products that are damaged or faulty when delivered or have been incorrectly delivered, we will not accept any liability for their loss, damage or destruction after they have been delivered.
4.2 Ownership of the Products pass to you on delivery of the Products to you, or us if returned within one week of delivery to you. In the case of a "sample" product you may retain and still receive refund if you follow the procedure for obtaining refund.
5. Price and Payment
5.1 The price of any Products will be as quoted on our Site from time to time, except in cases of obvious error.
5.2 These prices do not include VAT tax which is your responsibility and exclude delivery costs, which will be added to the total amount due once you have selected a delivery service from the available options as set out in Delivery Information.
5.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Paid Confirmation.
5.4 We cannot complete your order until you have paid for it in full. Payment can be made by most major credit or debit cards and PayPal by completing the relevant details at "Checkout".
5.5 By using a credit/debit card or PayPal to pay for your order, you confirm that the card/account being used is yours. All credit/debit card/PayPal account holders are subject to validation checks and authorization by the card issuer. If the issuer of your card refuses to authorize payment we will not accept your order and we will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal. We are not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card/PayPal payment in accordance with your order.
5.6 Our Site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our Site may be incorrectly priced. We will rectify any such errors as soon as possible once we become aware of them. If a Product price is different from the price stated on our Site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
International Payment and Deliveries
5.7 We only accept payment in US dollars, by credit or debit card & PayPal.
5.8 If an exchange rate is applicable to your order your card provider will determine the rate of exchange and may add an administration charge which you will be liable to pay.
5.9 We are able to accept, MasterCard, Visa, or American Express although we reserve the right to refuse to accept any of these cards from time to time without notice. We try hard to ensure that using your credit or debit card when you shop online is safe and secure.
5.10 When you have made your choice and your order has been placed, you will receive an order confirmation email acknowledging the details of your order. This email is not an acceptance of your order, just confirmation that we have received it.
5.11 The contract between us for the items you have ordered will only be formed when we email you to confirm that the items have been dispatched. The contract will therefore be formed in the US and the language of the contract will be English.
5.12 All refund payments will be paid to you in US dollars and will match the amount you paid in for the item(s) and delivery (if the delivery charge is refundable). If an exchange rate is applicable to your order the amount you receive in your local currency will depend on the exchange rate applied by your credit or debit card provider when it receives our refund payment and may therefore be different from the price paid for the item(s) in your local currency. We will not be liable for any losses caused to you as a result of any currency fluctuations or exchange rates applied by your credit or debit card provider.
6. Our cancellation, returns and refund policy
6.1 You may cancel your order (or any part of it) at any stage before the Products are shipped to you. Please refer to your ("Purchase Confirmation") email for the Returns Procedure for online orders or by contacting our Customer Services team at email@example.com or on 978-408-1336
6.2 Where you decide to cancel an order after we have shipped the Products, you will be under a duty to return them to us, at your own risk. All such Products should be returned within 10 days after the Products have been delivered to you. Until such time as they are returned, you must retain possession of the Products and take reasonable care of them. You should return the Products to us unused and in the same condition in which you received them together with all the original Product packaging, and materials shipped by one of the means set out in our Returns Procedure.
6.3 After you return the Products, any sum debited by us to your credit/debit card/PayPal will be refunded in full. We will notify you of your refund via e-mail within a reasonable period of time. We will usually refund any money received from you using the same method originally used by you to pay for your purchase except PayPal returns in store. Refunds for Products purchased as gifts can only be given to the credit/debit card of the person who placed the order. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of receiving the order back from you.
6.4 If any Product you purchase is damaged, faulty or incorrect, when delivered to you we may offer an exchange or refund as appropriate, in accordance with your legal rights. If you believe a Product is faulty, you should return the Product to us in accordance with the Returns Procedure. If you have any questions regarding returns, please Contact us.
6.5 If you have reason to return a Product received, you must return the Product either by post in accordance with the Returns Procedure on the Purchase Confirmation in the original Product packaging. We will usually refund any money received from you using the same method originally used by you to pay for your purchase. If you decide to return the Product by post or to our Head Office, the refund will usually be processed as soon as possible and, in any case, within 30 days of receiving the returned Product. If the Product you are returning is not faulty, e.g. you ordered an incorrect item, and you choose not to return the item via one of our stores, we are not responsible for the postage or delivery charges in connection with the return of the Product.
6.6 Our policy on cancellations, returns and refunds does not affect your statutory legal rights.
7.1 If, when ordering any Product from the Site, you indicate that you are purchasing it as gilt and wish the order to be delivered to the intended recipient, you will have the opportunity to request us to include a message card with the delivery. You are responsible for ensuring that any wording that you request to be printed on the message card does not infringe the Intellectual property rights or other rights of any third party or contain anything that is obscene, indecent, vulgar, offensive, blasphemous, scandalous, defamatory, or otherwise inappropriate or which may cause distress or discomfort to the recipient.
7.2 We will not be responsible for any wording you include on a message card. We do not routinely check the wording of message cards but reserve the right to refuse to print or send any message card which we (in our discretion) believe
contains any inappropriate wording.
8. Our liability
8.1 We accept no liability for any loss which is not reasonably foreseeable or for any business loss (which includes loss of profits, contracts, goodwill, opportunity and other similar losses).
8.2 This does not include or limit in any way our liability for death or personal injury caused by our negligence, or our responsibility for fraudulent misrepresentation and any other liability that cannot, under English law, be excluded.
8.3 Nothing in this section 8 or elsewhere in our Terms & Conditions affects your statutory legal rights.
Any formal legal notices should be sent to us at our Customer Services address set out in the Contact Us section.
10. Events outside our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control.
11.1 If any of these Terms & Conditions are declared invalid, unlawful or unenforceable, then that provision shall be deemed to be deleted from these Terms & Conditions and the remaining provisions shall remain in full force and effect.
11.2 We have the right to revise and amend these Terms & Conditions from time to time without prior notice by changing them on the Site, provided that any such change will not affect any purchases you have made before the change is implemented.
11.3 Failure by us to enforce a right does not result in waiver of such right. You may not assign or transfer your rights under these Terms & Conditions.
11.4 You and we agree that US law applies to these Terms & Conditions and that any dispute between us arising out of or in connection with these Terms & Conditions will only be dealt with by the American courts, unless you are resident in another part of the world, in which case the applicable law of that part of the United States will apply and any dispute will be brought before the courts there. We are required by law to inform you that purchases can be concluded in English only and that no public filing requirements apply.
12.1 Refunds may be given in full for sample products only, if we are notified within 3 days of an allergic reaction. You may retain the product as part of a potential help to resolve any reaction to the product, This offer extends only to our Therapeutic pain treatment relief products.
12.2 Refunds are processed after a product returned by outlined guidelines, has been followed, we received the return, and it was inspected and confirmed to contain any and all shipping/product materials.
12.3 We will not refund for any reason beyond the 10 day return window. The item must be repackaged and shipped back to us within 10 days of arrival, at the lowest cost possible.
12.4 A return confirmed by post date initiated within the 10 days is under no constraint affecting refund, and may take longer than expected to arrive back to us and will not affect your refund claim negatively.
12.5 All sales for Art and other objects deemed "vintage or antique", are final. We expect you to complete inspection via email, message, photos, or other means to ensure you are happy with your product at purchase time.
12.6 Under no circumstances will a refund be issued for damage or breakage without a claim on the day of arrival and confirmation of delivery or the following business day.
These Terms & Conditions were last updated in May 2018
Accessing the Site
We cannot guarantee that the Site will operate continuously or without interruptions or be error-free. You must not attempt to interfere with the proper working of the Site and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt the Site or any computer system, server, router or any other internet-connected device.
You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use the Site and is compatible with the Site. You also understand that we cannot and do not guarantee or warrant that any content of the Site will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the safety and reliability of data input and output.
Accuracy of Information
Links to this & other websites
We may from time to time provide links that will enable you to access the websites of third parties directly from the Site. Such third party sites are not under our control and, unless otherwise stated, we have no relationship with the third parties and no contribution is made by us to the content of such websites. When you click through to these sites you leave the area controlled by us, so we cannot therefore accept responsibility for any issues arising in connection with either the third parties use of your data, the sites content or the services offered to you by these sites.
We reserve the right, at our discretion, to prohibit any link from another internet site to materials or information on this Site.
Although we hope this Site will be of interest to users (and except to the extent that our Terms & Conditions apply), we accept no liability and offer no warranties or conditions in relation to this Site or its content, to the fullest extent such liability can be excluded by law.
If you are a consumer and not a business user, we shall not be liable to you for any business losses and shall only be liable for any losses which are reasonably foreseeable.
This does not include or limit in any way our liability for death or personal injury caused by our negligence, or our responsibility for fraudulent misrepresentation and any other liability that cannot, under US law, be excluded.
EarthwardEssential.Com - owned and operated by ESCN.
P.O. Box 413
Chelmsford Ma. 01824
United States of America