TERMS & CONDITIONS


 

OVERVIEW

 

Hello and welcome to www.earthheart.in

 

EARTH HEART offers this website, information, products and related services to you when you visit or shop on this website, subject to your acceptance to all terms, conditions and policies stated here. By visiting this website and/ purchasing our products, you engage in our ‘Service’ and agree to accept the following terms and conditions. This is a user agreement, hereon referred to as ‘Terms & Conditions’, ’T&C’, ‘Agreement’, or ‘Terms’ is between ‘you’, the ‘User’, ‘Customer’ or ‘Registered User’ referring any legal individual who utlitilises the ‘Services’ offered by this website and EARTH HEART LLP, also referred throughout this document as the ‘Company’, ‘earthheart.in' ’us’ or ‘we’. This is an electronic record, published in accordance with the Information Technology Act 2000.

 

 

INTRODUCTION

The website, www.earthheart.in, is owned and operated by EARTH HEART LLP which has its registered office at #355, 2nd Floor, 4th Cross, 4th Main, OMBR Layout, Bangalore-43. EARTH HEART curates and sells premium lifestyle products including but not limited to home decor, kitchen, dining, and lighting via this website, www.earthheart.in, which functions as its online store.   This website, therefore, takes orders, processes payments and help you track your purchase on its way to your doorstep.

 

USER OBLIGATIONS & COMMUNICATION

By using our ‘Services’ and/ this website as a “Registered User”, you give your permission to send you emails, receive messages and/calls for purposes, including but not limited to, administrative, informative and promotional in nature, via your personal information shared at the time of placing an order as a guest user or at the time of registration.  

 

Your account inclusive of your username, password and other information and liberties associated with your account is completely your responsibility. We encourage keep your username and password in your own confidentiality. 

 

You also agree to provide accurate, complete and current information about yourself as you use register, use our services as a guest. If you are found to have provided incorrect, incomplete and invalid information, or we have reasonable grounds to suspect the information your entered is incorrect, incomplete or invalid, EARTH HEART has the right to suspend, block, permanently terminate or disable your account and refuse your access to the ‘Services’ provided by the website.

 

In places on this website where you as a user can upload, post, publish, share, information that:

  1. Belongs to another person, is trademarked, or that infringes copyrights or patents, other proprietary rights

  2. Is defamatory, obscene, grossly harmful, hateful, demeaning, harassing, pornographic, paedophilic, invasive of privacy and legal rights of another person, racially and ethnographically objectionable, or unlawful in any manner or prohibited by the T&C or the governing law, including but not limited to demeaning/indecent representation of woman in accordance with the Indecent Representation of Women Act, 1986.

  3. Impersonate a person or entity or miscommunicate your affiliation with a person or entity

  4. Engages in any activity that may disrupt the operations/facilities/Services provided by this website

  5. Relating to or encouraging or involving money laundering or gambling

  6. Contains virus, malware, or worms or any such programming files/softwares/programs that can damage/modify, interrupt, destroy, limit the functionality of the website.

  7. Threatens the unity, integrity, sovereignty, secularity, security, defence, public order, relations between states and nations. 

  8. Violate any applicable laws or regulations for the time being in force within or outside India;

Further you agree to be uninvolved in the following activities:

1. Breach or disrupt the security or authentication measures on this Website or network connected to this website, including but not limited to website/accounts not owned by you, causing harm to this website/ an individual, systems, accounts, passwords, networks connected to this website OR  reveal information of any manner/importance other than your own, exploit/modify the services facilitated by this website, in any manner.

2. Use the Website/Application or any material or Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of this website or other third parties;

3. Create liability for us or cause us to loose (in whole or in part) the services of our internet service provider ("ISP's") or other suppliers;

4. Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section.

Under such circumstances, where you are found to be involved in such activities, EARTH HEART shall in no manner shall be held responsible. You, hereby, agree to take sole responsibility of the legal consequences by yourself.

 

RIGHT TO MODIFY SERVICE, POLICIES & PRICES

 

EARTH HEART reserve the right, at our sole discretion, to update, modify and change the terms sighted in our policies, without prior notice. We, therefore, encourage you to come back to this page and stay updated with the changes we make on our policies.

 

PRIVACY 

Your privacy is very important to us. Please check our Privacy Policy to understand how we process / use your personal information.

SEVERABILITY

In the event that any provision of these Terms of Service is deemed unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

 

ACCURACY & COMPLETENESS

This website may contain information that may contain errors, omissions, or inaccuracies in its content, descriptions, titles, pricing & availability. EARTH HEART reserves the right to edit, modify, change or update any inaccuracies/information on the website.

 

PRICE, TAX & BILLING

The price of our products  on this website are inclusive of taxes and the tax rate is inclusive of both state and regional taxes. We also levy charges for delivery or shipment of merchandise. 

 

By agreeing to buy from EARTH HEART, you authorise EARTH HEART and/associated service providers, to collect, process and/ remit payment and/ the price of Transaction from you with respect to transactions. Transactions, Transaction Price and all commercial terms such as Delivery, Dispatch of products and/or services are as per principal to principal bipartite contractual obligations between buyer and seller and payment facility is merely used by the Buyer and Seller to facilitate the completion of the Transaction. All payment and transactions is, therefore, bound by the terms and conditions of the third party Online Payment Gateway Service provider.

The use of payment facility shall not render EARTH HEART liability or responsibility for any loss or damage caused directly or indirectly under the circumstance included but not limited to, absence of authorisation to complete transaction; exceeding transaction limit as agreed by you and your banking provider or any loss arising from transaction or decline of transaction or for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, or fraud as regards the products and /or services listed on the Website.

 

EARTH HEART reserves the right to refuse the process of Transaction by users with a prior history questionable charge including but not limited to breach of policies of EARTH HEART, violation of any law, or policies. 

 

DELIVERY

EARTH HEART ensures but does not guarantee the delivery of the purchased products within the time frame as mentions while making the purchase. However, if, in any manner, you fail to accept the delivery of purchased goods, EARTH HEART reserves the right to deem the purchase cancelled and/or impose shipping charges associated with the failed delivery. 

 

LOSS, REFUNDS & RETURNS

EARTH HEART endeavours to deliver undamaged and defect-free products. No item on this website qualify for exchange/return unless the the purchased goods delivered are damaged and/ contains manufacturing defect(s), and communicated to EARTH HEART within 48 hours of receiving the order.. If the the damage/defect of purchased goods is reported to EARTH HEART after 48 hours of delivery, the orders will no longer be eligible for return and/ exchange. On every individual case, EARTH HEART receives the sole right to determine whether the product is eligible for return/exchange.

 

PRODUCT IMAGE, DIMENSIONS & DESCRIPTION

We craft handmade, hand-illustrated/handwoven and handcrafted products, exploring utility, stability and quality in unshaped home products. As a result, the product and its dimensions may have slight variations in its form, shape, illustration (if any), and dimensions from the image displayed on this website and / any digital platform connected EARTH HEART/ catalogues. EARTH HEART does not warrant any content relating to the product, in the form of text, image or video, to be complete, dependable, accurate, current or error-free.

 

INDEMNITY

As a consumer of our Services, you agree to defend and indemnify EARTH HEART, including its official, subsidiaries, directors, foliates, venous, joint ventures, and its employees, from and against all third parties, suits, claims, damages and losses, including but not limited to attorney fees’, or arising from or breach of the policies detailed in T&C, or your violation of any any laws right of a third party/individual, or loss of property and/ life by the products delivered. 

 

VIOLATION  & PROHIBITION

If you are found to breach/violate the T&C and/ Privacy Policy, or any other law or policy, including the governing law, or in the event, EARTH HEART is is unable to authenticate/verify the information provided by you, or if your actions lead to legal liabilities to us, or any third party/individual/other users, without limited to present, we reserve the right to limit your activity/ consumption of our Services,  access to/ use our Website in any manner, remove your information, temporary/indefinitely/permanently suspend / terminate / block your membership and / attempt to register with us, immediately and without prior notice and until such a time that such a user is reinstated by us. 

 

Notwithstanding thus stated, upon violation of our T&C and / Privacy Policy and/ any law, we reserve the right to recover any amount due and/ that you owe to us and take strict legal action against such users, including but not limited to appropriating the the rightful and legal authorities, initiating criminal or other proceedings.

 

GOVERNING LAW

 

The Terms and Conditions, Privacy Policy, or policies associated with third party payment channels, and the legal relations between you and EARTH HEART shall hereto be governed and constructed in accordance with the laws of India. 

 

Under such circumstances where in which, any dispute arises between you and EARTH HEART, regarding the terms of use of this Website and our Services in connection with the validity, interpretation, and implementation, your violation/breach of T&C/ Privacy policy including but not limited to the rules, policies thus stated, or any governing law of the state, shall hereto be subject to the exclusive jurisdiction to the Courts of Bangalore. Even under the pendency of such proceedings, you agree to pay any outstanding Payment Fees that you owe to us.