Welcome to www.earthyzest.com.
www.earthyzest.com, and its affiliates provide their services to you subject to the following conditions. If you visit or shop at earthyzest.com, you accept these conditions.
When you visit earthyzest.com or send e-mails to us, you are communicating with us electronically. Your consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of earthyzest.com or its content suppliers. The compilation of all content on this site is the exclusive property of earthyzest.com. All software used on this site is the property of earthyzest.com or its software suppliers.
www.earthyzest.com is not responsible for any damages resulting from use of this website by anyone. You will not use the Website for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Website by other users, (3) not resell material on the Website, (4) not engage, directly or indirectly, in transmission of "spam", chain letters, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the Website.
earthyzest.com grants you a limited permission to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it. This permission does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of earthyzest.com. You may not use any proprietary information (including images, text, page layout, or form) of earthyzest.com and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing earthyzest.com's name or trademarks without the express written consent of earthyzest.com. Any unauthorized use terminates the permission granted by earthyzest.com.You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of earthyzest.com so long as the link does not portray earthyzest.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any earthyzest.com logo or other proprietary graphic or trademark as part of the link without express written permission.
By posting, storing, or transmitting any content on the Website, you hereby grant earthyzest.com a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. earthyzest.com does not have the ability to control the nature of the user-generated content offered through the Website. You are solely responsible for your interactions with other users of the Website and any content you post. earthyzest.com is not liable for any damage or harm resulting from any posts by or interactions between users. earthyzest.com reserves the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any content earthyzest.com deems objectionable, in earthyzest.com’s sole discretion.
Access to certain areas of this website is restricted. Earthyzest.com reserves the right to restrict access to certain areas of this website, or indeed this entire website, at earthyzest.com’s discretion.
If earthyzest.com provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
Earthyzest.com may disable your user ID and password in earthyzest.com’s sole discretion without notice or explanation.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. earthyzest.com, its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Risk of loss
All items purchased from earthyzest.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Earthy Zest deals with upcycled, recycled, natural and mostly handmade products. earthyzest.com and its affiliates attempt to be as accurate as possible. However, earthyzest.com does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by earthyzest.com itself is not as described, your sole remedy is to return it in unused condition.
Except where noted otherwise, the List Price displayed for products on our website, in Indian Rupees represents the full price of the product and shipping charges, unless specified otherwise in the Shipping Fees. With respect to items sold on earthyzest.com, we charge your credit card before your order has entered the shipping process. For any reason if we are not able to ship you products as per your order, we will intimate you electronically and refund the value of the products not available. Any additional Shipping Fees, if applicable, will not be refunded. Despite our best efforts, a small number of the items in our catalogue may be mispriced. If we discover a mispricing, we will do one of the following:
If an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Please note that this policy applies only to products sold and shipped by earthyzest.com.
Disclaimer of warranties and limitation of liability
This site is provided by earthyzest.com on an "as is" and "as available" basis. earthyzest.com makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site. You expressly agree that your use of this site is at your sole risk. To the full extent permissible by applicable law, earthyzest.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchant ability and fitness for a particular purpose. While we have taken precautions to avoid inaccuracies in content, this website, all content, information, software, products, services and related graphics are provided as is, without warranty of any kind. We do not implicitly or explicitly support or endorse the sale or purchase of any products on the website. At no time shall any right, title or interest in the products sold through or displayed on the website vest with Earthy Zest(except those that have been expressly mentioned as product of Earthy Zest) nor shall Earthy Zest or its subsidiaries, affiliates and their respective officers, directors, agents and employees have any obligations or liabilities in respect of any transactions on the website. earthyzest.com does not warrant that this site, its servers, or e-mail sent from earthyzest.com are free of viruses or other harmful components.earthyzest.com will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
You agree to indemnify and hold harmless Earthy Zest, its subsidiaries, affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney's fees, arising from or related to your use of this site or made by any third party or penalty imposed due to or arising out of your breach of these Conditions of Use or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.
Earthy Zest will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the website.
By visiting earthyzest.com, you agree that the laws of India, under the jurisdiction of the Mumbai High Court, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and earthyzest.com or its affiliates.
Any dispute relating in any way to your visit to earthyzest.com or to products you purchase through earthyzest.com shall be submitted to confidential arbitration in Mumbai, India, except that, to the extent you have in any manner violated or threatened to violate earthyzest.com's intellectual property rights, earthyzest.com may seek injunctive or other appropriate relief in any court in India or internationally, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing under the Indian Arbitration Act. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Site policies, modification, and severability
Events beyond reasonable control.
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control.
Cessation of Operation.
Earthyzest.com may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products.
Waiver of Class Action Rights.
By entering into this agreement, you hereby irrevocably waive any right you may have to join claims with those of other in the form of a class action or similar procedural device. Any claims arising out of, relating to, or connection with this agreement must be asserted individually.
Earthyzest.com reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and earthyzest.com may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website is terminated, earthyzest.com reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until earthyzest.com chooses, in its sole discretion and without advance to you, to terminate it.
earthyzest.com makes no representation that the Website or Products are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws. Assignment. You may not assign your rights and obligations under this Agreement to anyone. Earthyzest.com may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.
Agreement to be Bound.
By using this Website or ordering Products, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website.