Terms & Conditions

Effective date: July 18, 2018

Greetings and welcome to Earthlove! The Earthlove Website and services are provided by Spirit Wild, LLC, DBA Earthlove (“Earthlove”, “we”, “us”, “our”, or "company"). These Terms and Conditions ( “Terms” or “Terms and Conditions”) govern your (“you” or “your”) access to and use of the earthlove.co web site (the “Website”) and all services provided by Earthlove via the Website including without limitation our seasonal product, limited edition boxes, gifts, and other products (collectively, the “Services”).

Please read this document to learn the rules and restrictions that govern your use of our website(s), products, services, and applications.  If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at hello@earthlove.co.

 

PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS. THESE TERMS APPLY TO ALL VISITORS, USERS AND OTHERS WHO WISH TO ACCESS THE WEBSITE.  

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

 

Purchases

If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

 

Fraud Protection

As part of our order processing procedures, we may screen received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If we suspect fraudulent, unauthorized or illegal activity, we may reject your order or we may contact you at the phone number or email address you provided to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity. 

 

Availability, Errors and Inaccuracies

We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.

We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

We also reserve the right to limit quantities purchased by Members and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted or acknowledged). We do not guarantee that all products described on our Site will be available. 

 

Subscriptions

All subscriptions will be shipped on a quarterly basis. Earthlove offers rebillable quarterly subscription.

Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance of shipping a box on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a quarterly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Earthlove cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting the Earthlove customer support team.

A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide Earthlove with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Earthlove to charge all Subscription fees incurred through your account to any such payment instruments until your subscription is terminated.

Should automatic billing fail to occur for any reason, Earthlove will attempt to resolve payment automatically through the system, with the full payment corresponding to the billing period as indicated on the pending order.

To cancel your Subscription at any time, you must logon to your account and follow the cancellation procedures or email us and we will do it for you. Once cancelled, you will receive a confirmation of cancellation. If you cancel, you may use your subscription until the end of your then-current subscription term. Cancellation requests must be received prior to the billing date of the Subscription renewal, or else you will be charged for the then-current billing period. Earthlove may submit periodic charges (e.g., monthly) without further authorization from you, until you provide prior notice that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before Earthlove reasonably could act. 

Earthlove may, from time to time in its sole discretion, offer certain promotional codes for discounts and other benefits. You may not transfer promotional codes or redeem them for cash, credit, or toward previous purchases.  Furthermore, you may not use promotional codes in conjunction with any other offer or promotional discount, and you must redeem promotional codes by the date published, if provided. Lost promotional codes cannot be replaced. You may only use one promotional code. Any promotional program may be terminated or modified by Earthlove at any time in its sole discretion. Promotional codes are void where prohibited.

 

Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, "Promotions") made available through the Service may be governed by rules that are separate from these Terms Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will apply.

 

Contributed Content Guidelines

When contributing content on our social media channels, please consider the following guidelines: 

• By submitting or posting any materials or content on the Site, you grant Earthlove a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant Company the license specified above. You further represent, warrant and covenant that any materials you provide will not contain libelous or otherwise unlawful, abusive or obscene material. Earthlove will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or compensation to you.
• All contributed content is subject to the terms set forth below and in our standard Terms and Conditions; We reserve the right not to post your content if it contains any of the following types of content or violates other guidelines. By way of example, and not as a limitation, you agree that when contributing content, you will not:
• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
• Use obscenities, discriminatory language, or other language not suitable for a public forum;
• Post advertisements, "spam" content, or references to other products, offers, or websites;
• Post email addresses, URLs, phone numbers, physical addresses or other forms of contact information;
• Post unduly critical or spiteful comments of other content posted on the page or its authors;
• Post files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have expressly received all necessary consents;
• Post files or content that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, or impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity.

In addition, if you wish to share feedback with us about product selection, pricing, ordering, delivery or other customer service issues, please do not submit this feedback through a content submission. Instead, contact us directly via hello@earthlove.co

 

Fee Changes

Earthlove, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

Earthlove will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

 

Refunds

All sales are final and we do not allow returns or substitutions of products. We reserve the right to refuse or limit any orders and Subscriptions.  We may refuse any cancellation requests for products and orders in our sole discretion. We reserve the right to provide substantially similar products to fulfill your order. 

If you receive a damaged or incomplete order, please contact us at support@earthlove.co within two [2] weeks of receiving your order. We may offer any refunds or replacements solely in our discretion. Certain refund requests for Subscriptions may be considered by Earthlove on a case-by-case basis and granted in sole discretion of Earthlove.

 

Risk of Loss

Any merchandise purchased from our Service will be shipped by a third party carrier. As a result, title and risk of loss for such merchandise will pass to you upon our delivery to the carrier. We reserve the right to choose any common carrier to ship your order to you.  We may not be able to have your order shipped to a post office box, to certain addresses or on certain days. We reserve the right to ship your order in multiple boxes or shipments.

 

Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service. If you are a minor, you must obtain the consent of your parent or legal guardian to use the Site and agree to these Terms. Use of the Site is void where prohibited by law. 

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

 

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of Earthlove and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Earthlove.

 

Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by Earthlove

Earthlove has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Earthlove shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

 

 

Taxes

Your total price will include the price of the product plus any applicable sales tax; such state and local sales tax is based on the shipping address and the sales tax rate in effect at the time you purchase the product. We will charge tax only in states where the goods sold over the internet are taxable.

 

 

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

 

Indemnification

You agree to defend, indemnify and hold harmless Earthlove and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.

 

Limitation Of Liability

In no event shall Earthlove, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

 

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Earthlove its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

 

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

 

Governing Law

These Terms shall be governed and construed in accordance with the laws of Washington, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

 

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

 

Contact Us

If you have any questions about these Terms, please contact us at hello@earthlove.co.