User Agreement
1. Introduction
This User Agreement is published to inform the users of the Website (defined below) and our Products (defined below) regarding the terms and conditions of use of our Website / Products. This User Agreement is also prepared in accordance with the requirements of the Consumer Protection (E-Commerce) Rules, 2020, as amended from time to time.
By browsing and using this Website and ordering the products including but not limited to personal care, skin care, cosmetics products, home care products, etc. displayed and sold on the Website (“Products”), it is deemed that you have consented to the terms and conditions set out herein and are bound by the terms and conditions set out herein and upon your acceptance, this User Agreement shall be effective and binding upon you and you shall not claim invalidity of this User Agreement merely on the grounds that this agreement is being concluded electronically. You hereby further agree that this User Agreement is being concluded and executed at the State of Maharashtra.
All users are requested to carefully read the terms and conditions set out herein for using and buying Products on the Website which is owned and operated by Earth Ritual having its office at 1, Shivmangal Building, behind ICICI Bank, Bhausaheb Dandekar Marg, Mahim road, Palaghar West- 401404 having GST No: 27ARPPD4240F2ZX.
In this policy, the term ‘Website’ refers to https://www.earthritual.in; the terms ‘we’ or ‘our’ or ‘us’ refer to Earth Ritual, the brand owning and managing the Website; and the term ‘you’ or ‘your’ refers to the user who uses our Website or orders our Products or creates an account on our Website for himself / herself or is validly authorised on behalf of any other person (whether natural person or legal entity) to use and access our Website for benefit of such other person. In the event you are accessing or using this Website on behalf of some other person, we shall assume that you are duly authorised by such person. In the event you do not have sufficient authorisation to share such information with us, you shall be solely responsible for your acts and omissions. Only persons who can enter into legally binding contract under the Indian Contract Act, 1872 can use the Website and/or transact on the Website. Any minor who wishes to use or access the Website is required to conduct such transaction through their legal guardian or parents.
You agree and confirm that you are competent to enter into this agreement and agree to give us the right to terminate this User Agreement if it comes to our notice that you do not have adequate authority and capacity to enter into this User Agreement. We also reserve the right to block you or disable your account if we believe in our sole discretion that you have breached the terms and conditions of this User Agreement.
2. Price, Availability and Other Information:
a) You acknowledge that the Products that are received from us whether brought for a price or given for free / as part of any promotional offers, are only for personal use and are not for resale and you agree to not distribute or sell them further for commercial purposes without our approval.
b) We may change, suspend, or discontinue the availability of any of the Products at any time, without any notice or liability.
c) You acknowledge that the price payable in connection with the Product or any service, may be subject to change, without notice or liability.
d) The prices displayed at the Website are inclusive of goods and sales tax.
e) Any delivery fee to be charged for shipping will be notified to you at the time of purchase of the Product.
f) The inclusion of any Products or offers on the Website at a particular time does not imply or warrant that the Products or offers will be available at any time or at all times.
g) Further, the price of the Products available on the Website may differ from the pricing available on other marketplaces or platforms where the Products are available, based on the offers etc. run by those platforms.
3. Return, Exchange and Refund:
a) Considering the nature of products, from a general hygiene perspective, we will not be able to accept any request for returns or exchanges of the Products other than in cases where:
- The Product has expired or is damaged;
- The Product is different in terms of the quantity actually ordered by you or a wrong Product has been delivered to you.
b) However, the return or exchange basis the above mentioned grounds is subject to the following:
- A request to return the Product should be made within 7 (seven) days from date of delivery.
- Return or exchange requested on the basis of your claim that the Product is damaged, different in terms of quantity, wrong Product has to be supported by a video showing the opening of the carton / package in which the Products are delivered, once you have received delivery. If this video is not given, we will not be able to process your refund / exchange request.
- The Product sought to be returned or exchanged for the above mentioned reasons can only be done if the Product is not used/ altered. If the Product is without the packaging and/or labels, it cannot be returned or exchanged. Our Products may be packed with a seal or in a plastic cover, if the seal is broken or the cover is removed, the Products cannot be returned or exchanged.
- In any case we reserve the right to deny your return or exchange request.
c) Once your return request is confirmed, we will send a courier partner to pick up the Product. The refund will be processed in a maximum of 15 (Fifteen) days, once we have satisfactorily inspected that the Product is un-used and its packaging / labels are intact. No additional delivery fee shall be chargeable in case of returns / exchange of Product.
4. Cancellation:
a) You may cancel an order within 1 (One) hour of placing the order. Once the order is processed, it cannot be cancelled.
b) While we undertake reasonable efforts to dispatch the Products in a timely manner, in certain unavoidable cases (including but not limited to cases where the Product is unavailable, dispatch time is longer, Force Majeure (see below)) we reserve the right to cancel your order and shall notify you regarding the same. Any payments already made for the order will be refunded within 15 (Fifteen) days from the cancellation date.
Please also see your right to cancel the Product in case of delayed delivery as mentioned below.
5. Delivery and Shipment:
a) For order containing multiple Products, delivery may be made in multiple shipments.
b) Delivery usually takes 2 (Two) to 7 (Seven) business days from the date of order placement. Upon placement of the order, the estimated shipping and delivery timelines shall be available on order details page.
c) The estimated delivery times are indicative, hence there may be some unforeseeable delays, which are beyond our control. Further, we rely on our delivery partners to undertake the delivery and accordingly, we are not responsible for any delays in the delivery.
d) In the event, we (through our delivery partners) are unable to deliver the Product within the estimated delivery date due to any reason, you will be notified by an e-mail the reason for such delay. You will have the right either to cancel the ordered Product (at no cancellation fee) or wait for the Product to be delivered. You agree that we shall not be liable to pay for any damage or loss either direct or indirect owing to such cancellation of the order or delay in delivery.
6. Policy on Payments:
a) You can make payments for the Products available on the Website by credit cards, debit cards, wallets, UPI, net banking and reward points.
b) You agree that, for any payments done using our Website, we are not responsible for the money movement or lack of it or freezing of money between your bank and the payment partner. You agree that we are not responsible for the ways in which the payment partner could use the data that might be shared with them, while doing a payment.
c) We do not authorise a transaction unless we receive a confirmation from the payment partner about a given payment and you agree that we are in no way responsible for co-ordinating the transaction. You agree that we have a right to restrict your access to our Website, if we get a notice from our payment partners that a suspicious or fraudulent activity is taking place from you. You agree that the onus of proving that transactions or activity was not fraudulent shall be on you.
d) You agree that you will only use the payment information, like credit cards/debit cards/UPI id that is your own and/or that you are legally authorised to use such payment information.
7. Non-Exclusive License
a) The Company and / or its licensors own the intellectual property rights in the Products and the content available on the Website including the design and layout of the website. You are granted only a non-exclusive, limited and non-transferable right to access and view the content of this Website in accordance with the terms and conditions mentioned herein.
b) You are not permitted to copy, sell, modify, duplicate, re-sell or distribute or otherwise deal with the content on the Website or the Products. Nothing contained in this User Agreement shall be interpreted to give you the license to use our trademarks and tradenames in any manner whatsoever.
c) By posting any content, feedback or reviews regarding our Products on the Website or with our customer care team, you hereby grant us a perpetual, worldwide, non-exclusive, royalty- free, assignable, right and license to use, copy, display and create derivative works on the basis of such content / feedback / reviews, in all forms of media, anywhere in the world, and in accordance with our privacy policy.
d) We do not have the ability to control the communications of users on our Website in respect of its Products etc. and all feedback / reviews posted are purely based on an individuals’ experience with our Products – we are not liable for any feedback / reviews posted by a user on our Website which maybe relied by you for your purchases on our Website. You are solely responsible for your interactions with other users of the Website and any content you post or transmit on the Website. We reserve the right, but have no obligation, to monitor interactions between and among users of the Website and to remove any content that we may deem objectionable. Under no circumstances will we or our Associates be liable in any way for any user generated content, including without limitation, for any errors or omissions in such content or for any loss or damage of any kind incurred by you as a result of the use of any such user generated content transmitted, uploaded, posted, e-mailed or otherwise made available via the Website.
8. Disclaimers:
a) While we take all reasonable care in preparing and updating the information on this Website including information in relation to the Products and endeavour to be as accurate as possible, we and our Associates (defined below) do not represent or warrant (either express or implied) the accuracy, reliability or completeness of any of the content on the Website including description of the Product, its merchantability, any claims or expected benefits stated in respect of the Products, any colour, characteristic, price, graphical representation, availability, time taken for delivery of products or completion of any allied services in respect of the Products. We and our associates are not liable for any direct, indirect, incidental, special, consequential, or exemplary damages including the damages for loss of profits, goodwill, data or any other loss associated with use of the Website, its services, the Products or this agreement. You acknowledge and accept that the Website’s content and such Product related information may include errors. You acknowledge and understand that our Products may not be suitable for all types of persons, their skins or bodies. Accordingly, please exercise discretion in case of usage of the Products. We shall not be responsible for any allergies or issues resulted on account of unsuitably of the Product to a particular skin type or person. The Products displayed on and sold on the Website should be bought at your own risk and if you have any condition that might affect you by using our Products, you should consult your concerned physician before committing to use our Products. We shall not be responsible for any loss or injury incurred due to usage of our Products. No warranty (whether express or implied) is made that the expected results of using the Product which might be displayed in its description, are certain.
b) You further acknowledge and accept that you shall use this Website, the Products sold on the website, the allied services like return etc., solely at your own risk and the content provided on this Website is on “as is” and “with all faults” basis. To the extent permissible under applicable laws, we and our Associates (which is defined to mean our affiliates, associates, employees, officers, directors, advisors, licensors or any other person acting on our behalf) disclaim all liability (including special, indirect or consequential loss) for loss directly or indirectly arising from: (i) your use of, or reliance on, the Website or the Website’s content or the usage of the Product; (ii) unauthorised use or access to our servers; (iii) interruption or cessation of transmission to or from our server. Nothing contained on this Website shall be relied upon as a promise or representation as to reliability, merchantability, fitness or efficiency of Products.
c) We shall also not be responsible in case of “phishing” or similar fraudulent scams. In order to mitigate the chances of such scams, ensure you are visiting the authorised url of our Website; you check for affiliation of officers with us; you don’t share your password with anyone; and ensure that emails you receive are from the domain name ‘info@earthritual.in ’.
d) We provide no guarantee that access to the Website will be available or that the Website is free from viruses or anything else which may damage any computer which accesses the website. We may, from time to time, restrict access to any part or whole of the Website in our discretion for any reason whatsoever including to prevent the spread of virus or security breach or in case of non-compliance with the terms of this User Agreement by you or any other person. Any content downloaded or otherwise obtained through the Website is done at your own discretion and risk and you are solely responsible for any damage to your computer or other electronic system or loss of data that results from the download of any such content.
9. Usage of the Website and Products
a) You agree to not use this Website and the Products for any purpose that may, in any way, give rise to any liability for us or constitute a criminal offence.
b) You agree to not use this Website and its content, including to post comments or to give feedback. in any manner that is: (i) unlawful, fraudulent, harassing, abusive, harmful, libellous, threatening, vulgar, obscene and otherwise objectionable material; or (ii) for gaining access to restricted parts of this website or any other computers or computer servers of other users, third parties; or (iii) for violating other users’ or third parties’ privacy; or (iv) disabling or avoiding any security device or attempting to probe or test the vulnerability of a system or network or interfering with the computer network by way of sending viruses etc.); (v) attempting to interfere with service to any other user, host or network, including without limitation, via means of submitting a virus to the Website, overloading, ‘flooding,’ ‘spamming,’ ‘mail bombing’ or ‘crashing’; (vi) sending unsolicited e-mail, including promotion of products or services; (vii) forging any TCP or IP packet header or any part of the header information in an email or posting.
c) Further, you shall not, either directly or indirectly: (i) license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website; (ii) access the Website in order to build a similar or competitive service; (iii) copy, reproduce, distribute, republish, download, displayed, post or transmit in any form or by any means, any content of the Website (iv) use the Website in any way that causes, or may cause, damage to us, the Website, its users or impair the availability or accessibility of the Website in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity; (v) use the Website for any unauthorized purpose, or in violation of any applicable law or the User Agreement; (vi) post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain access to another user’s account, or private information from any user; (vii) infringe upon our intellectual property rights or similar rights of any third party; (viii) post, transmit, upload, or otherwise make available any material that contains software viruses or any other computer code, trojan horse or other code with malicious, disruptive and/or destructive features, files or programs designed or functioning to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, including the Website; (ix) use any robot, spider, scraper, sniping software or other automated means to access the Website for any purpose; (x) attempt to or to decipher, decompile, disassemble or reverse engineer any part of the website; (xi) framing or hotlinking or deep linking any content on the Website; (xii) do anything that is detrimental to us or the Website or is not in accordance with the legitimate objectives of this Website.
d) You agree to not abet and encourage any person to do any of the actions stated above.
e) The Website and its content is not intended for distribution to, or use by, any person or entity in any jurisdiction where such distribution or use would be contrary to their respective laws.
f) You also agree to provide accurate and complete information about yourself while placing an order and creating your account on the Website. If you provide any information that is untrue or incomplete (or becomes untrue, inaccurate, not current or incomplete), or we have reasonable grounds to believe that such information is untrue or incomplete, we have the right to suspend or terminate your account and refuse further access to our Website. You acknowledge that we have the right to investigate any occurrences of breach of this agreement by the user and to communicate, if any criminal liability arises out of such breach, the information to respective authorities.
10. Privacy Policy
a) Please access our privacy policy here. The privacy policy shall be deemed to form an integral part of this User Agreement by reference. By consenting to the terms of this User Agreement, you agree to be bound by the terms of the privacy policy as well.
b) References on this Website to any names, or services of third parties, or hypertext links to third party websites or information or content provided by third parties, are provided solely as a convenience to you and do not in any way constitute or imply our endorsement, sponsorship or recommendation of the third party, its information, materials or services. We are not responsible for the practices or policies of such third parties. If you decide to visit the websites of any such third party sites, you do so entirely at your own risk.
c) When you access and use the Website, you may also be using the services of one or more of our affiliates or third-party service providers (e.g. GooglePlay, Apple iPhone Store, Windows Store etc.). The use of these services by you shall be subject to specific documentation agreed with such parties, and you hereby explicitly agree to comply with same.
d) You may have to use third-party payment gateway to make payments to us, or to other vendors through the Website. The processing of payments will be subject to the terms, conditions and privacy policies of the payment processor, in addition to this User Agreement, and you hereby explicitly agree to comply with same.
11. Governing Law and Jurisdiction
a) This agreement is governed by the laws of India and subject to the paragraph below, courts in Mumbai, India will have jurisdiction.
b) Any dispute arising out of or in connection with or in relation hereto shall so far as possible, in the first instance, be amicably settled by and between the parties. In the event of disputes, claim/or differences which are not being amicably resolved, such disputes shall be referred to arbitration wherein each party shall appoint one arbitrator each who shall then jointly appoint the third arbitrator. The arbitral proceedings shall be conducted in accordance with the provisions of the Arbitration & Conciliation Act, 1996, as amended from time to time, or rules made there under. The seat and place of arbitration shall be Mumbai, India.
12. Severability
If any provision of this User Agreement is determined to be void or unenforceable under applicable laws, such provisions shall be deemed amended or deleted to the extent necessary to conform to applicable laws and the remaining provisions of this User Agreement shall remain valid and enforceable as applicable at the time of its execution.
13. Indemnity
You hereby covenants to indemnify us and our Associates from all damages, liabilities, demands, costs, expenses, claims, actions and proceedings (including all consequential, direct, indirect, special or incidental loss or punitive damages or loss, legal and other professional fees, cost and expenses, fines, penalties, interest and loss of profit or any other form of economic loss (including loss of reputation)) arising due to breach of this User Agreement by you or any person acting on your behalf or on account of violation of applicable laws. This clause will survive the termination of this Agreement.
14. Force Majure:
We will not be deemed to be in default or delay in the performance of our obligations under this Agreement on account of act of god such as earthquake, storm, natural disaster, floods etc., war, terrorism, armed conflict, labour strike, lockout, lockdowns including on account of covid-19 pandemic, any acts of nature labour disputes, shortages of materials, rationing, pandemic or epidemic, inducement of any virus, Trojan or other disruptive mechanisms, any event of hacking or illegal usage of the Website, utility or communication failures, revolution, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause beyond our reasonable control.
15. Termination
a) This User Agreement can be terminated by us, at any point of time, thus ending the relationship formed via this agreement, with or without a cause or notice. Once the User Agreement is terminated by us, your access to the Website shall cease.
b) We shall not be liable for the termination of this User Agreement or termination of services, to any user or any third party. It is not mandatory for us to explain the user why their agreement was terminated but the causes could include any order from the government or the court, user’s breach of terms specified in this agreement including non-payment of monetary sum owed to us etc.
c) Even in case of termination of agreement, you agree that money that had to be paid to us by you before termination for the services availed or the Products bought, will be paid accordingly and the termination will not affect such payment.
16. Amendments
We reserve the right, at our sole discretion, to change, modify, add or remove portions of the User Agreement, at any time without any prior written notice to you. The updated User Agreement shall be posted on the Website so that it is always available to you; however, in case of substantial changes to this User Agreement, we shall notify you in accordance with applicable laws through your email id / phone number provided to us.
17. Communications
You agree that we are authorised to call/SMS/e-mail you especially with our promotional offers despite your registration with the National Do Not Call or Do Not Disturb services. For the purposes of an order or any other services provided by us, you agree that we can contact you through the phone number or the e-mail id provided by you.
18. Contact us
For any feedback, comments or questions, please contact us at:
Customer Care Service
Phone number (mobile / landline): +91 8104051955
Email id: care@earthritual.in
Fax: N/A
Timings: 10 AM to 5 PM (Monday to Saturday)
You will be able to track the complaint made by a number that will be provided to you for the complaint lodged.
In the event of any disputes or grievances, you may write to our grievance officer, Adesh Chaudhari at the following details:
Email id: grievance@earthritual.in
Phone number (mobile / landline): +91 9823376207
Fax: N/A
The grievance officer shall take cognisance of the matter and undertake steps to resolve the matter in accordance with provisions of applicable laws.
We reserve the right to remove, modify or edit any comments or feedback that is given on the website at our sole discretion if it is abusive, harmful, libellous, unlawful or violates intellectual property of us or a third party, or any form of spam.
Unless specified otherwise, this user agreement constitutes the entire agreement between you and us regarding website, our products and services, and supersedes any and all prior communication and proposals between you and us.