A. Introduction

1. These terms and conditions and any policies or documents to which a link is provided in them (collectively, "TERMS") set out the terms of use that apply to www.theearthbody.com and the mobile websites and applications owned by and/or operated by or on behalf of Earth Body/The Earth Body. (“Platforms”). Earth Body is referred to in these Terms as “me/we/us/our/I”. If you have any questions regarding Platforms or these Terms, contact us at: Contact care@theearthbody.com 2. These terms and conditions were last revised on 23 December 2020.  
 

B. Use of platform

1. The Terms apply to your use of and access to the Platforms including all orders submitted by you for any products or services made available by us for purchase over the Platforms. By accessing the Platforms you agree to these Terms and we therefore advise you to read these Terms carefully and to save or print a copy of these Terms for future reference. If you do not agree to these Terms, you must cease using and accessing of the Platforms immediately. The Terms may be changed and updated from time to time and any changes will be effective from the publication of the new Terms on the Platforms. Please note that certain options will not be available across all Platforms.

2. Please note that these Terms do not affect your statutory rights as a consumer. For more information on your statutory rights, contact your local Trading Standards Office or Citizens Advice Bureau or the equivalent in your country/region (if any).

3. You agree that the information you provide when you register on the Platforms is not misleading, and is true and accurate in all respects and you will notify our customer service team of any changes to that information.

4. We may change, withdraw, or suspend access to the Platforms (in whole or part and permanently or temporarily) with or without notice and with no liability to you.

5. The Platforms may include links to other Platforms or resources ("Linked Platforms"). Earth Body has no control over the content of Linked Platforms and you agree that, should you access a Linked Platforms using a link from the Platforms,Earth Body is not responsible for the availability of the Linked Platforms, and is not liable in any way for the content of Linked Platforms, including (without limitation) any goods or services available from such Linked Platforms, other advertising or content on such Linked Platforms or the use that such Linked Platforms make of your personal information. Furthermore Earth Body will not be responsible for any offense, damage or loss caused by or connected to the use or reliance on such Linked Platforms or the content thereon.

6. Earth Body may deny you access to the Platforms at any time in its sole discretion. Examples of when we may so deny you access include but is not limited to where we believe that your use of the Platforms is in violation of any of these Terms, any law or the rights of any third party or was not respectful to others.

7. Any material that you upload to the Platforms for publication will be considered non-confidential and non-proprietary and we have the right to use, copy, distribute, reproduce, exploit, modify, alter and/or disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights or of their right to privacy.

8. Earth Body will not be responsible, or liable to you or any third party, for the content or accuracy of any materials posted by you or any other user of the Platforms and you hereby agree to be responsible to Earth Body for and indemnify Earth Body and keep Earth Body indemnified against all costs, damages, expenses, losses and liabilities incurred and/or suffered by Earth Body as a result of any claim in respect of your use of the Platforms.

9. Earth Body has the right to remove any material or posting you make on the Platforms in Earth Body's sole discretion.

10. References to ‘We' in the Customer Service Information refers to Earth Body 11. We are not associated to the Terms and Conditions or rules and regulations for the availability of certain products in Other stores. The available items in Other stores that carry our product may not be available for purchase on www.theearthbody.com All Earth Body products is not available on all Platforms. The level of stock availability shown will be updated regularly but it does not guarantee that the product checked will be available when you visit the specified store. Unfortunately products cannot be reserved in store using this www.theearthbody.com functionality. 

12. Third party providers and application stores Certain third party providers with whose devices and/or operating systems those Platforms that are mobile applications have been designed to be compatible oblige us to include certain additional provisions in these Terms. These are set out at the end of these Terms in section F 'Additional terms from third party providers '. These provisions are required by the relevant third party providers, not Earth Body.Third party application stores are operated by the relevant third party providers and/or their affiliates. You must comply with all applicable terms of service, rules and policies applying to any third party application store from which you download those Platforms that are the mobile applications. We are not responsible for these stores or (with the exception of the Platforms) for anything provided by them and do not guarantee that they will be continuously available.  

13. Contacting Earth Body through Instagram If you contact Earth Body through Instagram or Platform you understand and agree it is at your own discretion. Any interaction will not be used against us in a Court of Law or any other courts or mediation and is for the sole purpose of relaying helpful information or entertainment for purchase and exchanges and any other means of interaction as example of giveaways and promotions, coupons and announcement for any activity we conduct.
 

C. Purchases of products

If you are placing a pre-order for Products which are available to pre-order on the Platforms, , the following Sections C(1) to C(7) below may be superseded by or may apply in addition to specific terms applicable to such Products as set out in Section D below.1. 

 

Acceptance of orders 

1.1 All information on the Platforms is an invitation to treat only and is not an offer or unilateral contract. You agree that your order is an offer to purchase the products listed in your order ("Products") from us on the Terms. All orders submitted by you are subject to acceptance by us. We may choose not to accept your order in our discretion for any reason whatsoever without liability to you, unless we are not permitted to do so under statutory law. Examples of when we may not accept your order are as follows:(a) If Products are shown on the Platforms but are not available or are incorrectly priced or otherwise incorrectly described;  (b) If we are unable to obtain authorisation of your payment;  (c) If you order multiple quantities of an individual Product where such Products are to be shipped to any one customer or delivery address;  (d) If shipping restrictions may apply to a Product ; or  (e) If the delivery address you give is the address of an entity or individual providing freight forwarding services; or  (f) If the delivery address you have provided is not a valid shipping address.

1.2 After submitting an order to us, we will send you an order acknowledgement email with your order number and details of the Products you have ordered from us. Please note that this email is an acknowledgement that we have received your order and is not an acceptance of your order. Acceptance of your order and the formation of a contract of sale of the Products between us and you will not take place unless and until (1) we have sent you an email confirming that the Products have been dispatched. We have sent you an email confirming that the Products have been dispatched ("DISPATCH CONFIRMATION"). After entering into the contract of sale, we will be under a legal duty to supply you with goods that are in conformity with the contract.

1.3 Orders can also be placed on www.theearthbody.com or our Customer Service team: care@theearthbody.com. Where you provide us with an email address, we will follow the process outlined in Section C (1) above. If you have not provided us with an email address, we reserve the right to follow an alternative process, which will be notified to you at the time. In either case, acceptance of your order and the formation of a contract of sale between us and you will not take place unless and until we have sent you a Dispatch Confirmation.

1.4 When placing an order for the first time, you may be offered the option to register with us and will be required to complete certain required fields on an order form. We may provide you with and/or ask you to use identifications and passwords and other means for you to be able to access certain areas of the Platforms, such as the My Account section of the Platforms ("Secure Access"). Where we do so, it is on the condition that you shall be responsible for ensuring that such Secure Access is kept secure and confidential at all times. You shall comply with all security directions and/or recommendations given by us and inform us immediately if you become aware of or suspect any unauthorized use of the Secure Access or if the Secure Access becomes available to an unauthorized party. Without prejudice to our other rights and remedies, we may suspend your access to the Platforms without liability to you, if in our reasonable opinion, such action is necessary for safeguarding the Platforms.

1.5 In the event prolonged inactivity causes your connection to the Platforms to fail, your selection of goods may be lost. In such case, you will be required to re-enter your selection. Please note that items in your shopping basket and on your Wishlist are not reserved and may be purchased by other customers.

1.6 Before you submit your order, you will be given the opportunity to review your selection, check the total price of your order and correct any input errors.

1.7 You will be charged for Products when they have been dispatched to you for delivery or, in the event that you have elected to collect the Products from www.theearthbody.com the Products have been dispatched for delivery to the relevant address (together with the relevant delivery charges and any card processing or payment processing charges), unless we inform you that in respect of certain products payment shall be taken in advance, when or shortly after you submit your order.

1.8 Item availability, prices and delivery options may vary depending on the shipping destination.

1.9 Variations in both the manufacturing processes we use and also the display properties of the computer hardware you use to view the Platforms may mean that the colors, measurements, fabrics and designs of the Products displayed on the Platforms and the Products delivered to you may differ in appearance in minor respects. We are not responsible for any such differences.

1.10 We do not accept orders where the corresponding delivery address you give is that of an entity or individual providing freight forwarding services. In the event that we do accept any order and we subsequently become aware that the corresponding delivery address for such order is that of an entity or individual providing freight forwarding services, we shall be entitled to cancel such order upon notice to you by email or telephone.

 

2. Prices

2.1 All prices of Products on the Platforms are the price for the Products only. They include any VAT or other sales tax payable (unless otherwise specified). We shall endeavor to notify you if the price displayed is not fully inclusive of any customs duties or taxes, however please see Section C 2.4 below. Prices do not include the charge for delivery, if any. Find out more about Shipping Destinations, Costs and Delivery Times. At this time we do not deliver to Canada or out of the United States, the price of the Products displayed on the Platforms does not include any applicable sales tax payable by you. The applicable sales tax payable by you will be calculated and displayed on the checkout page before you finalize your order.

2.2 We endeavor to ensure that all pricing information on the Platforms is correct. Occasionally, however, an error may occur and Products may be mispriced. If a Product's correct price is lower than the price stated on the Platforms, subject to our right to refuse an order pursuant to Section C 1.1(a), we will charge the lower amount and send you the Product. If a Product's correct price is higher than the price stated on the Platforms, we will, at our discretion, contact you and ask you whether you wish to proceed with the order at the correct price or cancel your order and notify you of such cancellation. We will not be obliged to supply Products at an incorrect price. If we have taken an advance payment in circumstances where pricing information is incorrect, we shall endeavor to refund the payment taken as soon as possible if the Product has not been shipped.

2.3 Earth Body may vary the prices of Products listed on the Platforms at any time and without any notice but such changes will not apply to Products in respect of which you have been sent a Dispatch Confirmation.

2.4Please note that in some countries/regions additional duties may be payable to your local tax authorities on receipt of your delivery. Unless expressly specified otherwise, you will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order. Please also note that you must comply with all applicable laws and regulations of the country/region for which the Products are destined. We will not be liable for any breach by you of any such laws. 

 

3. Payment Terms

3.1 The total cost of your order will be the purchase price for the Products and any additional services you order, including for example, monogramming. Find out more about Shipping Destinations, Costs and Delivery Times. 3.2 More information about the payment methods that we accept, and details of when an order will be charged to your account can be found in our Payment section. We reserve the right to change the payment methods we are able to accept at any time.

3.3 Please note that we accept payment in the payment currency specified for the country/region of your selected shipping destination in our Payment section.

3.4 You confirm that the credit/debit card or payment method that is being used is yours and that all details you provide to us in respect thereof including, without limitation, name and address details are complete, correct and accurate. You further confirm that the credit/debit card is valid and the inputted payment details are correct. All credit/debit cardholders and payment account holders are subject to validation checks and authorization by the card issuer or payment method provider. If the issuer of your card or payment method 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. 3.5 We are not responsible for any charges or other amounts which may be applied by your card issuer or bank or payment method provider as a result of our processing of your credit/debit card payment or other method of payment in accordance with your order or as a result of the seller of the Product(s).

3.6 If your credit/debit card or payment method is not denominated in the currency of your purchase indicated on the Platforms, the final price may be charged in the currency of your card or account. Such final price is calculated and charged by your card issuer or bank or payment method provider and therefore we shall not be responsible for any cost, expense, charge or other liability which may be incurred or suffered by you as a result of your card issuer or payment method provider charging you in a different currency other than the currency of your purchase as displayed on the Platforms.

 

4. Invoicing

4.1 Where we elect, or are required by applicable law, to issue or make available an invoice, we reserve the right to issue or make available electronic invoices and you agree to such form of invoicing.

 

5. Delivery, title and risk

5.1 We are only able to deliver to a valid shipping address provided in your order form. We cannot be held responsible if that delivery address is incorrect or incomplete. Changes to the shipping address are not permitted once your order has been placed. Please note that we do not deliver to PO boxes. Please note that there are restrictions on the locations to which we deliver Products purchased from the Platforms. Details of the locations to which Earth Body delivers are available from us on request.

5.2 When you have selected your preferred delivery method from those offered for your selected shipping destination and provided your order has been accepted by us, your order shall be processed by us and we will endeavor to dispatch your order in accordance with the estimated delivery times set out at Shipping Destinations, Costs and Delivery Times or as otherwise specified in the checkout process as you submit your order. Please note that there are a number of US post codes to which we cannot deliver on a next day basis or on a Saturday. Please see Postcode Restrictions. There may be additional restrictions or exclusions in respect of specific addresses in countries/regions to which we ship. These may change from time to time. We shall endeavor to notify you of such restrictions but this may not be possible until we have received your order. Orders received after any “cut off” or “last order” time or received on a day which is not a working day (that is any day on which the banks are open for business in United States which is not a Saturday or a Sunday, will be processed on the next working day). Estimated delivery times will be calculated from the date on which the order is placed, unless otherwise specified.Where you have selected any of Earth Body's delivery services and your order has been accepted by us, your sole remedy for any failure by Earth Body to dispatch your order in time for delivery within the relevant estimated delivery times for your shipping destination and selected delivery method shall be your right to cancel the relevant order and receive a full refund of any monies paid to us in respect of that order.Please note that certain delivery options will not be available across all our Platforms.

5.3 Title in the Products will pass to you on the later of:-(A) the date on which we receive payment in full for such Products; and  (B) the date and time of collection of such Products for delivery to your nominated address (as applicable).

5.4 Once a Product has been received by you all risk of damage to, or loss of, the Product shall pass to you. In the event that you elect to collect the Product from a www.theearthbody.com where that service is available, all risk of damage to, or loss of the Product shall pass to you upon the collection of such Product by you or by a third party on your behalf.

5.5 We shall be entitled to supply the Products in installments and each installment shall be deemed to constitute a separate contract with us, and we shall be entitled to supply only part of an order.

5.6 In the event that a Product is subsequently imported into a country/region other than the country/region to which Earth Body delivered the Product or of the store from which you collected the Product, you shall be responsible for complying with all local import requirements, laws, regulations and rules and paying all import taxes and duties as may be applicable in respect thereof.

 

6. Cancellation and Returns 

6.1 Should you wish to cancel or return any Products, you may only do so in accordance with our Returns & Cancellation Policy. This Returns & Cancellation Policy does not affect your statutory rights as a consumer (including, where applicable, your rights under applicable distance selling legislation or e-commerce regulations in the territory to which the Product is shipped (“Regulations”). For more information on your statutory rights, contact your local Trading Standards Office or Citizens Advice Bureau or the equivalent in your country/region (if any).

6.2 Where you return a Product under the Regulations we will issue you with a full refund but you will need to return the Product at your own cost (if you have already received the Product), unless otherwise specified in our Returns & Cancellation policy. Where you have paid any duties or taxes directly to the relevant authorities on the importation of the Product you wish to return, Earth Body shall have no liability in relation to any claim for a refund of such duties or taxes from the authorities or whether or not such a refund is possible.

6.3 Please note that you will not be entitled to cancel or return personalized or monogrammed Products. For hygiene and safety reasons, we are unable to accept returns for pierced jewelry, underwear, bikini bottom, lingerie items. This does not affect your statutory rights.

 

7. Age Requirements

7.1 If you order a Product to which a minimum age requirement applies, by ordering that Product you confirm that you are of the required age. If we reasonably believe that you are not legally entitled to order a Product, we reserve the right to cancel your order.

D. Pre-Order of Products

1. The Terms in this Section D apply to any purchase of Pre-Order Products (as defined below in Section D(2)) and apply in addition to, and in the event of any conflict take precedence over, the Terms set out in Sections C(1) to C(7). In all other respects sections in Sections C(1) to C(7) of the Terms continue to apply in full force and effect. 

2. From time to time we may invite you to pre-order selected Products on the Platforms before they are available to purchase from www.theearthbody.com Platforms  ("Pre-Order Products"). In the event that we do so please note that the delivery options offered on the Platforms and set out in Section C(5.2) of the Terms shall not apply to orders of Pre-Order Products. Pre-Order Products will be shipped between 4-10 weeks from the date that the order is placed and the estimated date that the Pre-Order Product will be dispatched to you will be displayed in the checkout process as you submit your order.

3 You agree that if you order a Pre-Order Product, you will be charged shortly after you place your order and before your item is dispatched . Notwithstanding the foregoing, your credit/debit card account or payment method may reflect the deduction of the purchase price immediately upon placing the order. Please note your order is not confirmed until payment has been taken.