important

terms

of serice

Terms of service

These are the Terms and Conditions of Earth’s Creation & Wellness LLC (the “Terms”). These Terms cover our website, online sales and offline sales as applicable. Throughout these Terms, we refer to “we”, “us” and “our”, which means Earth’s Creation & Wellness LLC. All use of our website, and purchase to our products and services, by or to you, the user, is conditional upon and subject to these Terms, together with any notices and policies stated on this website. If you do not agree to the Terms, you may not access the website or use any products or services.

Contents:

  1. Purchase

  2. Sales, Payment and Pricing

  3. Data Protection and Personal data

  4. Acceptable Use

  5. Liability and Indemnification

  6. Miscellaneous

The headings used in the Terms are included for convenience only and will not limit or otherwise affect these Terms.   

1. Purchase

1.1 Our products and services are not intended for use by minors. By agreeing to these Terms, you represent that you are not a minor and that you are legally permitted to use our products and services. We reserve the right to refuse service to anyone for any reason at any time. 

1.2 You may not use our products or services other than in accordance with the guidelines and tips for use as provided on the website and/or with the products, nor may you use our products and services for any illegal or unauthorised purpose, or in violation of any laws in your jurisdiction. 

1.3 Our products, services, information and materials are protected by laws of copyright and trademark. The intellectual property in all products, services, information and materials is owned by Earth’s Creation & Wellness. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the products and service, including information on this website, in our materials and information, nor to access to our products or service in any way which breaches any laws in any applicable jurisdiction.  

1.4 You must not transmit any worms or viruses or any malicious code.  We will use all endeavours to ensure our service is uninterrupted and does not transmit any worms or viruses or malicious code. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. 

1.5 We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only. Any reliance on the material on this site is at your own risk. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate. 

1.6 We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors will be corrected, or that any product or service will meet any intended therapeutic or other effect.

 

2 Sales, Payment and Pricing

2.1 Our products or services are available through this website or offline and we may have limited quantities. 

2.2 Current prices are as listed on this website. Prices may be subject to change without prior notice.   

2.3 Our store is hosted on Squarespace Inc., the online e-commerce platform that allows us to sell our products and services to you. For United States, it operates through Squarespace International Ltd, based in New York. We reserve the right at any time to modify or discontinue use of the platform (or any part or content thereof) without notice at any time. 

2.4 We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. In the event that we change or cancel an order, we will notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. 

2.5 We reserve the right to change any product or service descriptions at any time without notice. We reserve the right to discontinue any product at any time. 

2.6 Shipping and Delivery will be as per our Delivery Information.

2.7 Returns or exchanges shall be made in accordance with our Returns Policy. 

2.8 From time to time, we may offer all or selected customers discount codes to use on orders or other offers.  These are entirely at our discretion and apply only to full priced items, unless specified otherwise. Such discounts and offers cannot be used in conjunction with any other discount or offer.

 

3 Data Protection and Personal Data  

3.1 We comply with the USA Data Protection Act 2018.  All activities relating to Earth’s Creation & Wellness LLC and our interactions with you, including making this website available to you and your use of this website, making our products and services available to you and your purchases, and any submission of personal data by you through our website, online store, subscriptions or other forms, is governed by our Privacy Policy which is incorporated herein by reference. 

3.2 In order to enable us to comply with our data protection obligations and to effectively interact with you, you agree to provide us current, accurate and complete personal data including purchase data and account information. You agree to promptly update your account and other information with us, including your contact addresses and payment details. 

 

4 Acceptable Use 

4.1 If you provide any content or information to us via this website, for example, in chat, blog comments or other user generated content, you shall ensure that such is acceptable and appropriate and does not contain any unacceptable, malicious or unlawful content, as determined in any applicable jurisdiction. We are under no obligation, but reserve the right, to moderate comments, nor to retain any comments. We may however monitor, edit or remove content that we believe in our sole discretion to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise unacceptable or that breaches any data protection laws or violates any intellectual property or these Terms. 

4.2 In addition to other prohibitions as set forth in the Terms, you are prohibited from using the site or its content in any way which includes inappropriate material. Inappropriate materials includes: material, including views or opinion, that under the laws of any jurisdiction is or does any of the following: unlawful, vulgar, harassing, threatening, stalking, abusive, harmful, racist, obscene, pornographic, malicious, profane, libelous, defamatory, misleading or invasive of privacy or that otherwise violates the legal rights of others; discloses private or personal matters concerning any person; discriminatory in any form; infringes any copyright, trademark or other intellectual property rights of Earth’s Creation & Wellness LLC or any third party; constitutes or encourages a criminal offence; purports to be posted by someone other than the person posting; purports to be validated or authorized by someone or some-body or entity when it has not been; or contains a virus, worm, trojan horse or other harmful code or contaminating or destructive features, or any other software or programs that may damage the operation of this site or a third party's hardware or software or which may reasonably be expected to do so.  We reserve the right to terminate your use of our website, our products and services for breaching these Terms. 

 

5 Liability and Indemnification

5.1 We do not guarantee the accuracy or completeness of information on our website, products and services, typographical errors, inaccuracies or omissions that may relate to product or services descriptions, pricing, offers, shipping, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order). 

5.2 We do not guarantee, represent or warrant that your use of our products and services will be uninterrupted, timely, secure or error-free.  You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. 

5.3 Our products and services are provided to you “as is” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of therapeutic or other effect, merchantability, merchantable quality, fitness for a particular purpose, efficacy, title, and non-infringement. 

5.4 Earth’s Creation & Wellness LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors shall in no way be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of our products and services or any content posted, transmitted, or otherwise made available by us, even if advised of their possibility. You shall indemnify, defend and hold harmless Earth’s Creation & Wellness LLC and any affiliates, officers, directors, employees, agents, contractors or other associated parties, harmless from any claim or demand, including fees, made by any third-party due to or arising out of your breach of these Terms. 

 

6 Miscellaneous

  1. Cancellation or Termination   You may terminate or cancel your contract with us at any time by notifying us that you no longer wish to use our products or services, or when you cease using our site.  You may cancel any order in accordance with our Returns Policy. We may terminate without notice our contract with you if we in our reasonable opinion determine that you have breached these Terms. In such event of breach, you would remain liable for all amounts due. 

6.2 Severability If any of these Terms is found to be unlawful, void or unenforceable, the remaining Terms shall be enforceable as permitted by applicable law, and the unenforceable section shall be deemed to be removed from these Terms. Such removal shall not affect the validity and enforceability of any other remaining provisions. 

6.3 Waiver The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. 

6.4 Third Party Links Any third party links are provided for information only and are at your own risk and discretion. We are not responsible the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. You should ensure that you are familiar with and approve of the terms on which these links are provided by the relevant third-party provider(s).   We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. 

6.5 Entire Agreement   These Terms and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).   

6.6 Amendments The current version of these Terms is the version posted on the website at any time. We reserve the right to update, change or replace any part of these Terms by posting updates and changes to our website. Please periodically  check our website periodically for changes. Your continued use of or access to our website or products and services following any changes to these Terms is deemed acceptance.

 

Earth’s Creation & Wellness LLC

March 2025