These terms and conditions are between This Fair Earth Limited (registered in England and Wales under company number 06524389) whose registered office is 44 Pickwick Road, Corsham, Wiltshire SN13 9BX (“us” or “we”) and the customer (“you”).
These terms and conditions govern your use of the web site at www.thisfairearth.com (the “web site” or the “site”) and any orders you place through the web site. Your use of the site is considered to be your acceptance of these terms and conditions. If you are unhappy with any part of these terms and conditions, please stop using the site. We reserve the right to amend these terms and conditions without notice from time to time, so please check them regularly.
1 AVAILABILITY OF THE SITE
Although we aim to offer you the best service possible, we make no promise that the services at the site will meet your requirements. We cannot guarantee that the services will be fault-free. If a fault occurs with the web site you should report it to info@thisfairearth.com and we will attempt to correct the fault as soon as we reasonably can. Your access to the web site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the service as soon as we reasonably can.
2 COPYRIGHT
The content of this web site is protected by copyright, trademarks, database right and other intellectual property rights. You may retrieve and display the content of the site on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Site without written permission from us.
3 YOUR USE OF THE WEB SITE
3.1 We hope you enjoy using this web site. In particular, please get involved in the discussions on our blog. However, you agree that you will not use the site for any of the following purposes:
• disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material or otherwise breaching any laws;
• transmitting material that encourages conduct that constitutes a criminal offence, or otherwise breaches any applicable laws, regulations or code of practice;
• interfering with any other person’s use or enjoyment of the Site; or
• making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
3.2 We reserve the right to edit and remove content posted by you on the web site. You will be responsible for our losses and costs resulting from your breach of this clause.
4 YOUR DETAILS
4.1 You must ensure that all information provided to us upon registration is accurate and complete. Please notify us of any changes or amendments to this information as soon as possible. You are responsible for ensuring that you keep your password and other details safe and secure. We will be not liable for any loss or damage you incur on account of your failure to keep this information safe and secure.
4.2 If you know or suspect that someone else knows your password you should notify us by contacting sales@thisfairearth.com immediately. If we have a reason to believe that someone is using your account fraudulently, we may suspend your account.
5 OUR RIGHT TO SUSPEND OR CANCEL YOUR REGISTRATION
5.1 We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.
5.2 You can cancel your registration at any time by informing us in writing at info@thisfairearth.com. If you do so, you must stop using the web site.
5.3 The suspension or cancellation of your registration and your right to use the web site shall not affect either party’s statutory and/or contractual rights or liabilities.
6 WEB LINKS
We may from time to time provide links to other web sites from thisfairearth.com. It is entirely your decision to access these web sites. We make no representation or warranty as to the availability of these web sites, or to the accuracy of content on them. We will accept no liability for any loss or damage incurred by you, directly or indirectly, as a result of your use of those web sites. Any decision to access or use these web sites is entirely at your own risk.
7 ORDERS
Your order is an offer to buy from us. There will be no contract of any kind between you and us unless and until we actually dispatch the goods to you. At any point up until then, we may decline to supply the goods to you without giving any reason. At the moment that the goods are dispatched, a contract will be made between you and us, and you will be charged for the goods.
8 DESCRIPTION, PRICE AND AVAILABILITY
8.1 As far as possible, the description and specification of the goods you order will be as shown on the web site at www.thisfairearth.com at the time you place your order. It is possible that slight variations in the products may occur (for example, in colour because of your browser or monitor settings) and we do not accept any responsibility for these variations. All images, sizes and weights of the products on the web site are indicative only and some images are included for illustration only. If you require any clarification about the exact description of a product, please contact us directly.
8.2 To the extent permitted by applicable law, we disclaim all warranties, express or implied, as to the accuracy of the information contained in any of the materials on this website. We shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on this web site.
8.3 We make every effort to ensure that prices shown on the web site are accurate at the time you place your order. If an error is found, we will inform you as soon as possible and offer you the option of reconfirming your order at the correct price or cancelling your order. If you cancel, we will refund or recredit you for any sum that has been paid by you or debited from your credit or debit card for the goods
8.4 The goods are offered subject to availability and we try to provide up-to-date information on stock availability wherever possible. However, if on receipt of your order the goods you have ordered are not in stock, we will inform you as soon as possible. You may then elect to cancel your order and we will refund or recredit you for any sum that has been paid by you or debited from your credit or debit card for the goods.
8.5 Every effort will be made to deliver the goods as soon as possible after your order has been accepted, subject to the availability of the goods. The availability of the goods is stated on the web site with the product description and at the point of purchase. Please take note of this availability time, which will impact on the delivery time of the goods. We will email you when your goods are dispatched. In the case of exceptional or unavoidable delay to the dispatch of your goods, we will inform you as soon as possible.
8.6 Delivery charges for the packing and posting of the goods are in addition to the price shown on the web site and are explained in more detail in the “Delivery” section of the web site.
8.7 The price of the goods and delivery charges are expressed inclusive of any VAT payable unless otherwise stated.
8.8 We use PROTX™ to provide secure online credit and debit card payment. As such, your credit or debit card details will be encrypted to minimise the possibility of unauthorised access or disclosure. Authority for payment must be given at the time of placing your order. If you have any queries in relation to PROTX™ or its secure payment services, you can contact PROTX™ via its website at www.protx.com.
9 CANCELLATIONS AND RETURNS
9.1 You have the right to cancel the contract at any time from the time you place the order up to the end of 28 days after you receive the goods and receive a full refund. Please contact us by post or via email at the address below giving details of the goods ordered and ensure the goods are returned to us in the condition you received them, unopened, unused and unworn. If you do not return the goods as required, we will not be able to provide you with a refund.
9.2 Once you have notified us that you are cancelling the contract, we will refund or recredit you within 30 days for any sum that has been paid by you or debited from your credit or debit card for the goods.
9.3 We hope that you love your product from This Fair Earth, but if you do want to return it for whatever reason, you can do so at any time within 28 days of receiving the goods and receive a full credit for the value of the items. Products must be returned in a resalable condition, be in the original packaging and be unused. All toiletries must be unopened and we cannot accept returns on earrings which have been worn. We will not be liable for postage costs where the product is not damaged or faulty and we strongly suggest you use registered post as we cannot be liable for items lost in the post.
9.4 If you believe the product to be faulty or not as described, then please return it to us with an explanation of your concerns and we will provide you with a full refund or a credit. In the case of faulty or damaged goods or goods not complying with their description, we will refund the postage costs to you.
10 OUR LIABILITY
We are not liable for any indirect, consequential or special damages or loss arising out of or in connection with the supply of goods to you. Our liability in all other instances in limited to the price paid by you to us under the contract, unless otherwise stated in these terms and conditions. Nothing in these terms and conditions will limit our liability for death or personal injury caused by our negligence, or for fraud.
11 INTERNATIONAL USE
We make no promise that materials on the web site are appropriate or available for use in locations outside the United Kingdom, and accessing the web site from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws.
12 MISCELLANEOUS
You may not transfer any of your rights under these Terms and Conditions to any other person. We may transfer our rights under these Terms and Conditions to another business where we reasonably believe your rights will not be affected.
If you breach these Terms and Conditions and the Company chooses to ignore this, the Company will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.
The Company shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its reasonable control.
13 APPLICABLE LAW
These terms and conditions of sale and supply of goods are subject to English law, and the English courts will have exclusive jurisdiction in respect of any dispute arising from the contract.