In General
Earthly Wonders Beauty (“http://earthlywondersbeauty.com/”) owns and operates this Website. This
document governs your relationship with http://earthlywondersbeauty.com/ (“Website”).
Access to and use of this Website and the products and services available
through this Website (collectively, the "Services") are subject to
the following terms, conditions and notices (the "Terms of Service").
By using the Services, you are agreeing to all of the Terms of Service, as may
be updated by us from time to time. You should check this page regularly to
take notice of any changes we may have made to the Terms of Service.
Access to this Website is permitted on a temporary basis, and we
reserve the right to withdraw or amend the Services without notice. We will not
be liable if for any reason this Website is unavailable at any time or for any
period. From time to time, we may restrict access to some parts or all of this
Website.
This Website may contain links to other websites (the "Linked
Sites"), which are not operated by http://earthlywondersbeauty.com/ and has no control over the Linked Sites and
accepts no responsibility for them or for any loss or damage that may arise
from your use of them. Your use of the Linked Sites will be subject to the
terms of use and service contained within each such site.
Prohibitions
You must not misuse this Website. You will not: commit or encourage a
criminal offense; transmit or distribute a virus, Trojan, worm, logic bomb or
any other material which is malicious, technologically harmful, in breach of
confidence or in any way offensive or obscene; hack into any aspect of the
Service; corrupt data; cause annoyance to other users; infringe upon the rights
of any other person's proprietary rights; send any unsolicited advertising or
promotional material, commonly referred to as "spam"; or attempt to
affect the performance or functionality of any computer facilities of or
accessed through this Website. Breaching this provision would constitute a
criminal offense and http://earthlywondersbeauty.com/
will report any such breach to the relevant law enforcement authorities and
disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed
denial-of-service attack, viruses or other technologically harmful material
that may infect your computer equipment, computer programs, data or other
proprietary material due to your use of this Website or to your downloading of
any material posted on it, or on any website linked to it.
Intellectual Property, Software
and Content
The intellectual property rights in all software and content (including
photographic images) made available to you on or through this Website remains
the property of http://earthlywondersbeauty.com/ or its licensors and are protected by
copyright laws and treaties around the world. All such rights are reserved by http://earthlywondersbeauty.com/ and
its licensors. You may store, print and display the content supplied solely for
your own personal use. You are not permitted to publish, manipulate, distribute
or otherwise reproduce, in any format, any of the content or copies of the
content supplied to you or which appears on this Website nor may you use any
such content in connection with any business or commercial enterprise.
Terms of Sale
By placing an order you are offering to purchase a product on and
subject to the following terms and conditions. All orders are subject to
availability and confirmation of the order price.
Dispatch times may vary according to availability and subject to any
delays resulting from postal delays or force majeure for which we will not be
responsible.
In order to contract with http://earthlywondersbeauty.com/ you must be over 18 years of age and
possess a valid credit or debit card issued by a bank acceptable to us.
http://earthlywondersbeauty.com/ retains the right to refuse any request made by you. If your order is accepted
we will inform you by email and we will confirm the identity of the party which
you have contracted with. This will usually be http://earthlywondersbeauty.com/ or
may in some cases be a third party. Where a contract is made with a third party
http://earthlywondersbeauty.com/
is not acting as either agent or principal and the contract is made between
yourself and that third party and will be subject to the terms of sale which
they supply you. When placing an order you undertake that all details you
provide to us are true and accurate, that you are an authorized user of the
credit or debit card used to place your order and that there are sufficient
funds to cover the cost of the goods. The cost of foreign products and services
may fluctuate. All prices advertised are subject to such changes.
(a) Our Contract
When you place an order, you will receive an acknowledgement e-mail
confirming receipt of your order: this email will only be an acknowledgement
and will not constitute acceptance of your order. A contract between us will
not be formed until we send you confirmation by e-mail that the goods which you
ordered have been dispatched to you. Only those goods listed in the
confirmation e-mail sent at the time of dispatch will be included in the
contract formed.
(b) Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices
which appear on this Website are accurate, errors may occur. If we discover an
error in the price of any goods which you have ordered we will inform you of
this as soon as possible and give you the option of reconfirming your order at
the correct price or cancelling it. If we are unable to contact you we will
treat the order as cancelled. If you cancel and you have already paid for the
goods, you will receive a full refund.
Delivery costs will be charged in addition; such additional charges are
clearly displayed where applicable and included in the 'Total Cost'.
(c) Payment
Upon receiving your order we carry out a standard authorization check
on your payment card to ensure there are sufficient funds to fulfil the
transaction. Your card will be debited upon authorization being received. The
monies received upon the debiting of your card shall be treated as a deposit
against the value of the goods you wish to purchase. Once the goods have been dispatched
and you have been sent a confirmation email the monies paid as a deposit shall
be used as consideration for the value of goods you have purchased as listed in
the confirmation email.
Disclaimer of Liability
The material displayed on this Website is provided without any
guarantees, conditions or warranties as to its accuracy. Unless expressly
stated to the contrary to the fullest extent permitted by law http://earthlywondersbeauty.com/ and
its suppliers, content providers and advertisers hereby expressly exclude all
conditions, warranties and other terms which might otherwise be implied by
statute, common law or the law of equity and shall not be liable for any
damages whatsoever, including but without limitation to any direct, indirect,
special, consequential, punitive or incidental damages, or damages for loss of
use, profits, data or other intangibles, damage to goodwill or reputation, or
the cost of procurement of substitute goods and services, arising out of or
related to the use, inability to use, performance or failures of this Website
or the Linked Sites and any materials posted thereon, irrespective of whether
such damages were foreseeable or arise in contract, tort, equity, restitution,
by statute, at common law or otherwise. This does not affect http://earthlywondersbeauty.com/ 's
liability for death or personal injury arising from its negligence, fraudulent
misrepresentation, and misrepresentation as to a fundamental matter or any
other liability which cannot be excluded or limited under applicable law.
Linking to this Website
You may link to our home page, provided you do so in a way that is fair
and legal and does not damage our reputation or take advantage of it, but you
must not establish a link in such a way as to suggest any form of association,
approval or endorsement on our part where none exists. You must not establish a
link from any website that is not owned by you. This Website must not be framed
on any other site, nor may you create a link to any part of this Website other
than the home page. We reserve the right to withdraw linking permission without
notice.
Disclaimer as to ownership of trade marks, images of personalities and
third party copyright
Except where expressly stated to the contrary all persons (including
their names and images), third party trademarks and content, services and/or
locations featured on this Website are in no way associated, linked or
affiliated with http://earthlywondersbeauty.com/ and you should not rely on the existence
of such a connection or affiliation. Any trade marks/names featured on this
Website are owned by the respective trade mark owners. Where a trade mark or
brand name is referred to it is used solely to describe or identify the
products and services and is in no way an assertion that such products or
services are endorsed by or connected to http://earthlywondersbeauty.com/.
Indemnity
You agree to indemnify, defend and hold harmless http://earthlywondersbeauty.com/, its
directors, officers, employees, consultants, agents, and affiliates, from any
and all third party claims, liability, damages and/or costs (including, but not
limited to, legal fees) arising from your use this Website or your breach of
the Terms of Service.
Variation
http://earthlywondersbeauty.com/
shall have the right in its absolute discretion at any time and without notice
to amend, remove or vary the Services and/or any page of this Website.
Invalidity
If any part of the Terms of Service is unenforceable (including any
provision in which we exclude our liability to you) the enforceability of any
other part of the Terms of Service will not be affected all other clauses
remaining in full force and effect. So far as possible where any
clause/sub-clause or part of a clause/sub-clause can be severed to render the
remaining part valid, the clause shall be interpreted accordingly.
Alternatively, you agree that the clause shall be rectified and interpreted in
such a way that closely resembles the original meaning of the clause
/sub-clause as is permitted by law.
Complaints
We operate a complaints handling procedure which we will use to try to
resolve disputes when they first arise, please let us know if you have any
complaints or comments.
Waiver
If you breach these conditions and we take no action, we will still be
entitled to use our rights and remedies in any other situation where you breach
these conditions.
Entire Agreement
The above Terms of Service constitute the entire agreement of the
parties and supersede any and all preceding and contemporaneous agreements
between you and http://earthlywondersbeauty.com/.
Any waiver of any provision of the Terms of Service will be effective only if
in writing and signed by a Director of http://earthlywondersbeauty.com/.