Terms & Conditions
We are Earthylous Ltd, a company registered in England and Wales under number 12526763 whose registered office is at 31-41 Worship Street, London, United Kingdom, EC2A 2DX and whose main trading address is 5 Albert Barnes House, London, SE1 6PH with email address email@example.com; (the Supplier or us or we).
At Earthylous, we pride ourselves on delivering natural body and skincare products (the Goods or products) to your door and providing excellent customer service every step of the way.
These Terms and Conditions will apply to the purchase of the Goods mentioned above by you (the Customer or you). By ordering any of the Goods, you agree to be bound by these Terms and Conditions. Before placing an order on the Website, you will be asked to agree to these Terms and Conditions by clicking on the button marked ‘I Accept’. If you do not click on the button, you will not be able to complete your Order. You can only purchase the Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.
- Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
- Contract means the legally-binding agreement between you and us for the supply of the Goods;
- Delivery Location means the Supplier’s premises or other location where the Goods are to be supplied, as set out in the Order;
- Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
- Goods means the goods advertised on the Website that we supply to you of the number and description as set out in the Order;
- Order means the Customer’s order for the Goods from the Supplier as submitted following the step by step process set out on the Website;
- Website means our website www.earthylous.com on which the Goods are advertised.
The description of the Goods is as set out in the Website, catalogues, brochures or other forms of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied.
In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
All Goods which appear on the Website are subject to availability.
We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
Everyone is allowed one customer account, but you have to be 18 or over to do so. By placing an order on our website, you agree to give:
Your real name
Your e-mail address
Your billing address
A delivery address (this maybe the same as your billing address)
A contact phone number (in case we need to speak to you about your order)
If the technology fails us or we make a genuine mistake, your order attempt may be unsuccessful. We will do everything we can to resolve this and aim to put that smile firmly back on your face. Once you have placed an order, you will receive a confirmation e-mail within 24 hours, and then one within 24 hours of your order being dispatched. Depending on which delivery option you’ve selected, you then have a rough idea of when to start running the bath or shower, or when your next stash of skin and hair care products will be with you.
If something is not in stock, we will let you know as soon as possible after the order has been placed. If we are expecting the item in soon, we may send it in a separate parcel after your main order has been despatched.
Once you are ready to check out, you will be directed to the shipping confirmation page where you may select the type of delivery, and the delivery and/or billing addresses.
The price of the Goods and any additional delivery or other charges is that set out on the Website at the date of the Order or such other price as we may agree in writing.
Prices and charges include VAT at the rate applicable at the time of the Order.
You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Goods.
After placing your order you will receive an automated acknowledgement.
Standard delivery (£4.10) or free standard delivery in the UK when you spend over £40 on our products. If you select this option parcels weighing less than 2kg will be sent with Royal Mail. For time being, larger orders (over 2kg) are not allowed in the system, however, you can place multiple orders.
International delivery is a tracked & signed service provided by Royal Mail. The cost for this service starts at £9.85 and is calculated depending on your location and the total weight of your products (up to 2kg). Unfortunately, we cannot send your products to PO Boxes or Pack Stations, because a signature cannot be captured.
For UK orders, we will deliver the Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into. Delivery times may be affected overseas and are outside our control, we will, however, make reasonable endeavours to ensure that the Goods reach you at the earliest.
In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
- we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
- after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
- If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.
- If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them to us or allow us to collect them from you and we will pay the costs of this.
- If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.
- We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them. Delivery timeframe may also vary depending on the country’s regulations and processing times.
- You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
- If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
- The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
After placing your order you will receive an automated acknowledgement by email. Please note that this does not mean that your order has been accepted. All orders are subject to acceptance by us, and we will confirm acceptance to you by confirming that your order has been dispatched.
Once we accept your order, a contract to purchase and deliver the Goods takes effect between you and Earthylous Ltd. You pay the sum that you see at the end of the checkout process, together with the delivery. Upon receipt of your order for the Goods, you will be charged for the Goods and the delivery costs.
The Goods will be at your sole risk from the time of delivery to you.
5. The Contract
When we confirm acceptance of your order by confirming the Goods have been despatched a legally binding contract will exist between us. If we do not confirm acceptance we will refund your payment.
Your order constitutes an offer to us to buy a product. If we believe a customer acts against these Terms and Conditions, we reserve the right to cancel or suspend their order.
This includes non-payment of ordered products and fraudulent use of our website and/or sales. We also reserve the right to bar certain e-mail addresses and telephone numbers from accessing our website to place orders. We will not accept an order from any customer who we have suspended.
Ownership of the Goods will only pass to you when we have received full payment.
A person who is not a party to the contract shall not have any rights under or in connection with it.
Any personal information you provide to Earthylous Ltd directly or via Earthylous.com and from which you can be identified is stored securely and confidentially and will be processed fairly and lawfully in accordance with our privacy notice.
So that we can deliver your order to you, we will provide your details to our couriers and postal service providers that deliver your order.
7. Events beyond our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes but is not limited to:
- Strikes or other industrial action.
- Civil commotion, terrorism or threat of, war or threat or preparation for.
- Fire, explosion, adverse weather conditions, subsidence, epidemic or other natural disaster.
- Disruption to supplies or delivery methods.
- Acts of government or regulatory bodies.
- Disruption to public or private telecommunications networks.
By ordering from our website, you agree not to commercially resell any of our products. Commercially reselling our products is a breach of these terms and conditions and your agreement with us.
9. Payment and Security
Payments for the Goods are securely processed by Squareup Europe Ltd (‘Square‘). Square is authorised by the Financial Conduct Authority under the Electronic Money Regulations 2011 (registered reference no. 900846) for the issuing of electronic money and provision of payment services.
Products delivered to destinations outside the EU may be subject to taxes, fees, levies or other charges as a result of local legislation or customs formalities and we advise that you check the import charges applicable in any non-EU country before ordering products to be delivered there.
The recipient of the order is responsible for all customs formalities for the import of the Goods, and will be required to pay any additional charges for international delivery, including import duty, formal customs entry, taxes, levies and other charges that may be levied outside the EU. The recipient of the products, not the person placing the order, will receive a separate request for payment of these charges. If you are ordering Products to be delivered to someone else, please ensure they are made aware that they will be responsible for these additional charges.
You (or the recipient of the Goods if different) will be the importer for all international deliveries of the products. Therefore, before placing an order, it’s your responsibility to check that any products ordered comply with state and federal government import regulations, and that there are no local requirements or restrictions which may affect receipt of your order.
11. Cancellations and Returns
We aim to dispatch orders within one working day, so if you want to cancel an order without incurring a cost for returning unwanted items to us, you will need to do it before your order is dispatched. If you do cancel an order, please let us know during office hours via e-mail to firstname.lastname@example.org. If you would like to change anything about an order we would recommend that you email us at email@example.com as soon as possible to avoid having to pay for delivery again.
You have a legal right to cancel a contract which starts from the date we confirm your order has been despatched, which is when the contract between us is formed. If the Goods have already been delivered to you, you have a period of fourteen days in which you may cancel, starting from the day after the day you receive the Goods. Days mean calendar days, including weekends and public holidays.
To cancel a contract, please contact us in writing to tell us by sending an email to firstname.lastname@example.org or by sending a letter to Customer Care, Earthylous Ltd, 5 Albert Barnes House, London, SE1 6PH. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by email or by post, then your cancellation is effective from the date you sent us the email or posted the letter to us. You need to inform us of your decision to cancel before the 14 day cancellation period has expired.
Where you have cancelled a contract and the Goods have already been delivered to you, you should return them to us as soon as possible and in any event no later than 14 days after the day you inform us of your right to cancel. You can return the Goods by sending them to our Returns Address below. Unless the Goods are faulty or not as described, you will be responsible for the cost of returning them to us. You have a legal obligation to keep the Goods in your possession and to take reasonable care of the Goods while they are in your possession.
If you cancel a contract within the 14 day cancellation period, you will receive a full refund of the price you paid for the products and any applicable delivery charges you paid for. You will not be refunded for any costs you have incurred for returning the products to us. Where the products have already been delivered to you, we will process the refund due to you as soon as possible and, in any case, within 14 calendar days after the day on which we receive the returned products, or (if earlier) within 14 calendar days after the day you provide us with evidence that the Goods were returned to us. Where the products have not been delivered to you, we will process the refund within 14 calendar days after the day we were informed of your decision to cancel the contract. Unless you expressly tell us otherwise, we will refund you on the credit card or debit card used by you to pay for the products.
We have a legal duty to supply products that conform with the descriptions and specifications in the contract between you and us. As a consumer, you will always have legal rights in relation to products that are faulty or not as described which are not affected by your cancellation rights above. If you have returned the Goods to us because they are faulty or misdescribed, we will refund the price of a defective product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
Returns Address: 5 Albert Barnes House, London, SE1 6PH.
In the event of a damaged parcel
We’re very sorry if the Goods you looked forward to receiving have arrived damaged. We do our best to pack them safely, but even the most lovingly prepared parcel can get dropped or jostled en route to your house. If you send these products back to us within 14 days of receiving them, we will offer you an exchange where possible, or a full refund after we have received the return. In this case, we will pay for the postage of sending these items back to us. Nothing in these Terms and Conditions affects your statutory rights.
12. Successors and our sub-contractors
Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.
13. Excluding liability
The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to the Customer’s business, trade, craft or profession which would not be suffered by a Consumer – because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.
14. Governing law, jurisdiction and complaints
The Contract (including any non-contractual matters) is governed by the law of England and Wales.
Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
If you have a complaint relating to our Terms and Conditions or our products, we will attempt to resolve the complaint using our internal complaints-handling procedure. If the process is exhausted and the complaint is not settled in this way, you may make a request to us for the dispute to be settled by mediation through The Retail Ombudsman or Online Resolution Dispute Platform. If you make such a request, we shall consider whether or not we wish to use The Retail Ombudsman to try to resolve the dispute but we are not obliged by law to do so. If we agree to submit a dispute to The Retail Ombudsman, we shall notify you and you may (i) complete the online form on the Retail Ombudsman website or (ii) send your complaint using a paper form to The Retail Ombudsman, 33rd Floor Euston Towers, 286 Euston Road, London NW1 3DP. Further information on the Retail Ombudsman can be found here.
We may vary these terms from time to time. If we do we will replace these terms on our website with our new terms.