Terms and Conditions

These Terms and Conditions will apply to the relationship between You (the Customer) and Earthly Group Limited, (the Supplier or Us or We) a company registered in England and Wales under number 12604311 whose registered office address is: 33b Parsons Green, SW6 4UJ, London, United Kingdom, with email address hello@earthly.earth, telephone number +447780113162

The Earthly Group Limited trading as veryearthly.com. The Website or Platform is defined as veryearthy.com and all prefix and suffix variations on this. The Seller is any business or individual who lists items on the website for sale to the Customer.

General Terms

By using our website or placing an order you agree to be bound by the terms and conditions set out below. The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to register for the Site.

Please note that we act as an agent for our Sellers whom we allow to list and sell their products on our site at https://earthly.earth. While we help facilitate transactions that are carried out on our site as the Seller’s agent, we are not the Seller of the listed items. Accordingly, the contract formed at the completion of a sale for Seller’s products is between you as the buyer and the Seller. It is subject to the Seller’s terms listed on the Sellers page or available upon request via email.

If for any reason there are no supplier terms, or we agree to sell products directly to you, then our terms and conditions set out below will apply and form the basis of the contract between us.

1. When order is placed via Sellers store, We will send Seller an e-mail with the details of the order. The order represents an offer to purchase a product or service which is accepted by the Seller when they e-mail Customer the receipt of the order.
2. Customer must read Sellers shipping and returns policy prior to placing an order as Seller’s rules may vary.
3. Earthly Group Limited cannot be held responsible for any third-party data shared via it’s Platform (third party includes Sellers, Customers, Ambassadors, Blog Contributors)
4. Supplier cannot be held responsible for any loss, financial or other, due to the late delivery or non-delivery of an item. It is Sellers responsibility to ensure orders are sent using a reliable courier or a shipping company.
5. In the case of Goods made available on the Platform, it is Sellers responsibility to ensure that any information provided is accurate and up to date.
6. In the case of Goods made to your special requirements, it is your responsibility to ensure that any information you provide is accurate.
7. When an Order has been made, we can reject it for any reason, although we will try to tell you the reason without delay.
8. Contract will be formed for the Goods ordered, only upon the Seller sending an email to the Customer saying that the Order has been accepted or if earlier, the Seller’s delivery of the Goods to the Customer.
9. The price of the Goods and any additional delivery or other charges for the Goods, and the total price of them and the charges, is that set out by the Seller at the date we accepted the Order.
10. Customer placing orders from separate Sellers may be subject to multiple delivery charges.
11. Prices and charges include VAT at the rate applicable at the time of the Order (for UK orders only)
12. Seller will deliver the Goods to the Delivery Location by the time or within the period agreed, or failing any agreement, without undue delay and, in any event, not more than 21 days after the day on which the Contract is entered into.
13. In any case, regardless of events beyond our control, if Seller does not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if: a. Seller has 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 if you told the Seller before the Contract was made that delivery on time was essential; or b. after Seller has failed to deliver on time, you have specified a later period which is appropriate to the circumstances and Seller has not delivered within that period.
14. If you treat the Contract at an end, Supplier will (in addition to other remedies) promptly return all payments made under the Contract.
15. 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 using Returns Policy specified by the Seller.
16. Sellers 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 Sellers will not pay them.
17. You agree Seller may deliver the Goods in instalments if they 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.
18. 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.
19. 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
20. Risk of damage to, or loss of, the Goods will pass to you when the Goods are delivered to you.
21. You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.
22. You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
23. You can cancel the Contract except for any Goods which are made to your special requirements by telling us no later than 1 day after the Contract was made, if you simply wish to change your mind and without giving us a reason, and without liability, except in that case, you must return to any of our business premises the Goods in undamaged condition at your expense. Then we will without delay refund to you the price for those Goods, but we can retain any separate delivery charge. This does not affect your rights when the reason for the cancellation is any defective Goods.
24. Customer is responsible for maintaining the confidentiality of their account and password. You agree to accept all responsibility for activities that occur under your account. You agree to take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
25. We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed.
26. In the event of any failure by a party because of something beyond its reasonable control: a. the party will advise the other party as soon as reasonably practicable; and b. the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery and the right to cancel below.
27. Customers’ access to the Website may be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services.
28. It is Sellers’s responsibility to ensure that all products and services offered via the Platform are cruelty-free, vegan, and ethical. Supplier reserves the right to at any time request proof or certification of the item origin if due diligence is required. Failure to provide such proof may result in your store being taken down from the Platform that may be requested by the Customer.
29. In the event of any failure by a party because of something beyond its reasonable control:
    a. the party will advise the other party as soon as reasonably practicable; and
    b. the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid.
30. 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 Sellers business, trade, craft or profession.
31. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
32. 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.
33. We try to avoid any dispute, so we deal with complaints as follows: If a dispute occurs customers should contact us directly. We will aim to respond with an appropriate solution within 7 days.
34. We want you to have a good experience using our website so please let us know if you have any issues with our supplier or the supplier terms and we will use our reasonable endeavors to assist in resolving these. In this instance, please contact us via email hello@earthly.earth.
35. By using our site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms, you must not use our site. We recommend that you print a copy of these terms for future reference. We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.
    
    INTELLECTUAL PROPERTY RIGHTS
36. Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of England, foreign jurisdictions, and international conventions.
37. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
38. Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.