Terms of Services

Introduction:
This website is operated by Earth Reserve Pvt.Ltd. The terms “we”, “us”, and “our” refer to Earth Reserve Pvt.Ltd. The use of our website is subject to the following terms and conditions of use, as amended from time to time (the “Terms”). The Terms are to be read together by you with any terms, conditions or disclaimers provided in the pages of our website. Please review the Terms carefully. The Terms apply to all users of our website, including without limitation, users who are browsers, customers, merchants, vendors and/or contributors of content. If you access and use this website, you accept and agree to be bound by and comply with the Terms and our Privacy Policy. If you do not agree to the Terms or our Privacy Policy, you are not authorized to access our website, use any of our website’s services or place an order on our website.

Use of our Website: You agree to use our website for legitimate purposes and not for any illegal or unauthorized purpose, including without limitation, in violation of any intellectual property or privacy law. By agreeing to the Terms, you represent and warrant that you are at least the age of majority in your country or state of residence and are legally capable of entering into a binding contract.

You agree to not use our website to conduct any activity that would constitute a civil or criminal offence or violate any law. You agree not to attempt to interfere with our website’s network or security features or to gain unauthorized access to our systems.

You agree to provide us with accurate personal information, such as your email address, mailing address and other contact details in order to complete your order or contact you as needed. You agree to promptly update your account and information. You authorize us to collect and use this information to contact you in accordance with our Privacy Policy.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

General Conditions:

We reserve the right to refuse service to anyone, at any time, for any reason. We reserve the right to make any modifications to the website, including terminating, changing, suspending or discontinuing any aspect of the website at any time, without notice. We may impose additional rules or limits on the use of our website. You agree to review the Terms regularly and your continued access or use of our website will mean that you agree to any changes.

You agree that we will not be liable to you or any third party for any modification, suspension or discontinuance of our website or for any service, content, feature or product offered through our website.

Products or Services:

All purchases through our website are subject to product availability. We may, in our sole discretion, limit or cancel the quantities offered on our website or limit the sales of our products or services to any person, household, geographic region or jurisdiction.

Prices for our products are subject to change, without notice. Unless otherwise indicated, prices displayed on our website are quoted in Indian Rupees.

We reserve the right, in our sole discretion, to refuse orders, including without limitation, orders that appear to be placed by distributors or resellers. If we believe that you have made a false or fraudulent order, we will be entitled to cancel the order and inform the relevant authorities.

We do not guarantee the accuracy of the Colour, Design, Quality, Taste or Aroma of the products on our website. We have made efforts to ensure the Colour, Design, Quality, Taste and Aroma of our products are maintained as accurately as possible.

Links to Third-Party Websites:

Links from or to websites outside our website are meant for convenience only. We do not review, endorse, approve or control, and are not responsible for any sites linked from or to our website, the content of those sites, the third parties named therein, or their products and services. Linking to any other site is at your sole risk and we will not be responsible or liable for any damages in connection with linking. Links to downloadable software sites are for convenience only and we are not responsible or liable for any difficulties or consequences associated with downloading the software. Use of any downloaded software is governed by the terms of the license agreement, if any, which accompanies or is provided with the software.

User Comments, Feedback, and Other Submissions: You acknowledge that you are responsible for the information, profiles, opinions, messages, comments and any other content (collectively, the “Content”) that you post, distribute or share on or through our website or services available in connection with our website. You further acknowledge that you have full responsibility for the Content, including but limited to, with respect to its legality, and its trademark, copyright and other intellectual property ownership.
You agree that any Content submitted by you in response to a request by us for a specific submission may be edited, adapted, modified, recreated, published, or distributed by us. You further agree that we are under no obligation to maintain any Content in confidence, to pay compensation for any Content or to respond to any Content.

You agree that you will not post, distribute or share any Content on our website that is protected by copyright, trademark, patent or any other proprietary right without the express consent of the owner of such proprietary right. You further agree that your Content will not be unlawful, abusive or obscene nor will it contain any malware or computer virus that could affect our website’s operations. You will be solely liable for any Content that you make and its accuracy. We have no responsibility and assume no liability for any Content posted by you or any third-party.

We reserve the right to terminate your ability to post on our website and to remove and/or delete any Content that we deem objectionable. You consent to such removal and/or deletion and waive any claim against us for the removal and/or deletion of your Content.
Your Personal Information: Please see our Privacy Policy to learn about how we collect, use, and share your personal information.

Errors and Omissions:

Please note that our website may contain typographical errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time, without prior notice (including after an order has been submitted). Such errors, inaccuracies or omissions may relate to product description, pricing, promotion and availability and we reserve the right to cancel or refuse any order placed based on incorrect pricing or availability information. We do not undertake to update, modify or clarify information on our website, except as required by laws in India.

DISCLAIMER AND LIMITATION OF LIABILITY

You assume all responsibility and risk with respect to your use of our website, which is provided “as is” without warranties, representations or conditions of any kind, either express or implied, with regard to information accessed from or via our website, including without limitation, all content and materials, and functions and services provided on our website, all of which are provided without warranty of any kind, including but not limited to warranties concerning the availability, accuracy, completeness or usefulness of content or information, uninterrupted access, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose. We do not warrant that our website or its functioning or the content and material of the services made available thereby will be timely, secure, uninterrupted or error-free, that defects will be corrected, or that our websites or the servers that make our website available are free of viruses or other harmful components.

The use of our website is at your sole risk and you assume full responsibility for any costs associated with your use of our website. We will not be liable for any damages of any kind related to the use of our website.

In no event will we, or our affiliates, our or their respective content or service providers, or any of our or their respective directors, officers, agents, contractors, suppliers or employees be liable to you for any direct, indirect, special, incidental, consequential, exemplary or punitive damages, losses or causes of action, or lost revenue, lost profits, lost business or sales, or any other type of damage, whether based in contract or tort (including negligence), strict liability or otherwise, arising from your use of, or the inability to use, or the performance of, our website or the content or material or functionality through our website, even if we are advised of the possibility of such damages.

Certain jurisdictions do not allow limitation of liability or the exclusion or limitation of certain damages. In such jurisdictions, some or all of the above disclaimers, exclusions, or limitations, may not apply to you and our liability will be limited to the maximum extent permitted by law.

Indemnification:

You agree to defend and indemnify us, and hold us and our affiliates harmless, and our respective directors, officers, agents, contractors, and employees against any losses, liabilities, claims, expenses (including legal fees) in any way arising from, related to or in connection with your use of our website, your violation of the Terms, or the posting or transmission of any materials on or through the website by you, including but not limited to, any third party claim that any information or materials provided by you infringe upon any third party proprietary rights.

Entire Agreement:

The Terms and any documents expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of the Terms and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing. Both you and we acknowledge that, in entering into these Terms, neither you nor we have relied on any representation, undertaking or promise given by the other or implied from anything said or written between you and us prior to such Terms, except as expressly stated in the Terms.

Waiver:

Our failure to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us is effective unless it is communicated to you in writing.

Headings:

Any headings and titles herein are for convenience only.

Severability:

If any of the provisions of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable, such provision will to that extent be severed from the remaining Terms, which will continue to be valid and enforceable to the fullest extent permitted by law.

Governing Law:

Any disputes arising out of or relating to the Terms, the Privacy Policy, use of our website, or our products or services offered on our website will be resolved in accordance with the laws of INDIA. Any disputes, actions or proceedings relating to the Terms or your access to or use of our website must be brought before the courts of Bangalore, Karnataka State, INDIA and you irrevocably consent to the exclusive jurisdiction and venue of such courts.
Questions or Concerns: Please send all questions, comments and feedback to us at info@theearthreserve.com.

SHIPPING & DELIVERY

All orders are subject to product availability. If an item is not in stock at the time you place your order, we will notify you and refund you the total amount of your order, using the original method of payment.

Items offered on our website are only available for delivery to addresses in India. Any shipments outside of India are not available at this time. For special deliveries outside India, please mail info@theearthreserve.com

Unless there are exceptional circumstances, we make every effort to ensure delivery of the ordered products within 10 business days from the date of your order. Business days mean Monday to Friday, except holidays. Please note we do not ship on Sundays.

We make every effort to ensure delivery on time. If we are unable to deliver the items within your chosen arrival period, we will aim to contact you to discuss the available options and ensure delivery as soon as possible. If the items are not delivered within 10 business days from the date of your order, please mail us at info@theearthreserve.com quoting the order reference contained in your Order Confirmation Email.

Unless there are exceptional circumstances, we make every effort to ensure delivery of the ordered products within 10 business days from the date of your order. Business days mean Monday to Friday, except holidays. Please note we do not ship on Sundays.

Delivery occurs when the items are delivered to the delivery address you specified when placing your order. At this point, responsibility for loss, breakage and damage passes to you. Should you specify at point of order that goods are left with a neighbour, this is done so at your own risk. All goods must be signed for upon delivery.

Any guarantees or representations made as to delivery times are limited and subject to any delays resulting from postal / courier delays or force majeure for which we will not be responsible.

Purchases are shipped from our office in Bangalore, Karnataka, India. Our endeavour is to make the products reach you within 10 business days from receipt of order and payment depending on the address for delivery.

Order deliveries will be made by third party courier and logistics companies or Postal Services usually on business days between 10.30 am – 5 pm.

Goods will need to be signed for upon delivery. We take no responsibility for goods signed by an alternative person other than the person ordering the product at the address indicated at the time of the order. Since the transactions are authorized by the card holder, we do not take responsibility for incorrect addresses provided at the time of placing the order.

We are not responsible for damage of products after delivery.

All claims for shortages or damages must be reported through an email to info@theearthreserve.com within 3 days from the date of delivery.

Shortage of goods if any needs to be highlighted and signed on the Proof of delivery copy and returned to the delivery person.

Delivery Charges - Shipping and handling rates may vary based on product, packaging, size, volume, type and other considerations. The shipping and handling charges are given at the time of check out and consumers will know about this before making payments.

PRIVACY & SECURITY

We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

When you place an order, we collect certain personal and transactional information (e.g. name, address, email address, credit/debit card details). For details on how we use this information, please read our Privacy Statement.

To fulfil our obligations to you under these Online Shopping Terms and Conditions we communicate with you by e-mail and by posting notices on the Website. You agree to receive communications from us electronically and that these electronic communications will satisfy any legal requirement for communications in writing.

When you place an order to purchase items using our Website this is an offer by you to us to purchase such items. By ordering you are providing details which are true, accurate, current and complete including your credit or debit card details are correct and your own.

We will confirm receipt of your order by sending you an email summarizing the details of your order ('Order Confirmation E-mail'); this is the point at which we accept your order and the contract is formed.

ORDERING

To place an order you will need to complete the transaction on the website. This may or may not be assisted with a phone call with the customer service representative. By placing an order on the site or on phone, you are agreeing to the terms and conditions and payment policy published in the appropriate section of the website or affiliated websites.
After you have made your selection and added products to your shopping cart, you will need to proceed to the checkout section. In this section, you will be asked for address and other contact information as well as payment related information. Once the payment transaction has been successfully completed, your order will be processed on receipt of the funds from the bank or Credit Card Company. It is at this stage that the sale is said to be complete. Thereafter your products will be shipped based on product availability and completion of logistics operations related to the same.

You may register with us when purchasing items using this Website. You are responsible for maintaining the confidentiality of your account username and password and for preventing unauthorised access to your account. You accept responsibility for all activities that occur under your account or password, so please take all necessary precautions to ensure that the username and password is kept confidential and secure. Please inform us immediately if you have any reason to believe that your username and/or password has become known to anyone else, or are being, or are likely to be, used in an unauthorised manner.

Please ensure the details you provide us with on registration are correct and complete and inform us immediately of any changes to those details (e.g. change of email or postal address). You can access and update your details using the 'Your Account' area of the Website.

We reserve the right to refuse access to the Website, terminate accounts, remove or edit content, or cancel orders at our discretion. If we do cancel an order, it will be without charge to you.

PAYMENT, PRICING & PROMOTIONS

Follow these tips for making online payments:
• Make sure that you enter all your card details carefully.
• Make sure that delivery address is the same as the billing address for the card you are using to pay.
• Keep a note of your order reference number which appears once your transaction is complete.
• Once your order is complete, we'll send you a confirmation email with the details – you should receive this within 24 hours of placing your order.
• We recommend that you save your confirmation email for your own reference and records.

We accept the following method of payment for all online orders:

Indian Debit Cards (Visa, MasterCard, Maestro and RuPay)
Indian Credit Cards (Visa, MasterCard, American Express, Discover & JCB)
International Cards (Visa, MasterCard)
Net Banking (50+ banks in India)
Multiple currency acceptance and settlement
Cash Cards
Digital Wallets (Oxigen, Mobikwik etc.)

To receive promotions, become a member of theearthreserve.com.
From time-to-time we will contact you via email with promotion codes. If you would like to become a member simply click "you are not logged in" at the top of the page. The process only takes a minute. The only information we will collect from you will include you: name, email, and birthday. You will need to create a password as well. If you decide that you would like to discontinue receiving promotions from time-to-time for us you may opt-out by clicking on the 'opt-out link' at the bottom of the promotional email and following the simple steps.

Prices and promotions displayed on this website apply to items ordered via the website only and may not necessarily be available placing an order via email, fax or post.

All promotions are available for the stated time period only and are subject to availability. Promotions and NEW products will be available from time to time on our web site, you will also be notified via Email if you registered to our Newsletter.

Product prices listed on the website are current. While every care has been taken to label the products accurately, errors in data entry and updation may occur. We reserve the right to cancel the order in case a transaction has been made where the price indicated was not the correct price. In the rare event that happens, we will give a full refund of all money received from the customer.

Prices are subject to change without advance notice.

All prices on this web site are in Indian Rupees. For international cards used on the site, the banks applicable exchange rate and charges will apply. We have no jurisdiction on this and any disputes or queries on exchange rates and bank charges need to be directed to the bank or institution that issued your card or payment instrument All orders are acknowledged at current pricing. We will bill at price in effect at the time of receipt of money and raising of an invoice. Our products are liable for VAT in India.

VIEWING ORDERS

Track your order with your Order ID. Your order ID can be found in the order confirmation email or SMS.

If you already have a theearthreserve.com account, just ‘sign in’ to your account to view your Order History and Status.

UPDATING ACCOUNT INFORMATION

To change your account information, just ‘sign in’ to your account and click 'View Addresses' link to change your profile.

To change your Account Password, in the 'Sign in' page click 'forgot password' link to reset your password.