Terms of service
1. Information about us
1.1 We are Earths Secret Limited. We operate the website http://www.earthsecret.com We are a company registered in the United Kingdom under company number NI672731 and with our registered office at the Earths Secret Ltd, 32a Old Bann Road, Donaghcloney, Craigavon, Northern Ireland, BT66 7PWOur VAT number is 3641062221.
1.2 To contact us, please see our Contact page. You can email us at email@example.com.
2. Our Products
2.1 The images of the Products on our site are for illustrative purposes only and the limitations of monitor capabilities and of printers means that the colour, dimensions and packaging of the Products may vary from that shown on images on our site.
2.2 All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made.
3. How we use your information
4. If you are a consumer
This clause only applies if you are a consumer.
4.1 If you are a consumer, you may only purchase Products from our site if you are at least 18 years old.
4.3 As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
5. If you are a business customer
Please contact us firstname.lastname@example.org for a copy of our specific agreement.
6. How the contract is formed between you and us
6.1 For the steps you need to take to place an order on our site, please see our All Products page.
6.2 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
6.3 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 6.4.
6.4 We will confirm our acceptance to you by sending you an e-mail that confirms the order and dispatch details. The Contract between us will only be formed when we send you the Order Confirmation.
6.5 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our site as referred to in clause 12.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
7. Our right to vary these terms
7.1 We may revise these Terms from time to time in the following circumstances:
(a) changes in how we accept payment from you; and
(b) changes in relevant laws and regulatory requirements.
7.2 Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
7.3 Whenever we revise these Terms in accordance with this clause 8, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.
8. Your cancellation and refund rights if you are a consumer
This clause only applies if you are a consumer. For Subscription Cancellations, please see Clause 8.11 below.
8.1 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000) during the period set out below in clause 8.3. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product , you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office.
8.2 However, this cancellation right does not apply in the event that the tamper evident seal is broken.
8.3 You may cancel a Contract from the date you receive the Dispatch Confirmation, which is when the Contract between us is formed. If the Products have already been delivered to you, you have a period of 14 (fourteen) working days in which you may cancel, starting from the day you receive the Products.
8.4 To cancel a Contract, you must contact us in writing by sending an email to email@example.com. You may wish to keep a copy of your cancellation notification for your own records.
8.5 You will receive a full refund of the price you paid for the Products. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described in clause 8.5. If you returned the Products to us because they were faulty or mis-described, please see clause 8.6.
8.6 If you have returned the Products to us under this clause 8 because they are faulty or mis-described, we will refund the price of a defective Product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
8.7 We refund you on the credit card or debit card used by you to pay.
8.8 If the Products were delivered to you:
(a) you must return the Products to us as soon as reasonably practicable;
(b) unless the Products are faulty or not as described (in this case, see clause 8.6), you will be responsible for the cost of returning the Products to us
(c) you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.
8.9 Details of your legal right to cancel and an explanation of how to exercise it are provided in the Dispatch Confirmation.
8.10 As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 8 or these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
8.11 If you need to make any changes to your subscription then you can log into your Earths Secret account to pause deliveries, swap items and update your details at any time. With all subscription orders, as they ship automatically every 30 or 60 days we require notice to cancel. You can edit or cancel orders right up to our cut-off time, which is 5pm GMT (Monday to Friday) the day before your order is dispatched. Once a subscription has been triggered it passes for immediate dispatch. If your order has already been dispatched, then we will be unable to cancel the delivery or issue a refund.
8.12 Any of the above does not affect your money back guarantee just send us the bottle even if its empty with a quick description of why you wish to avail of the money back guarantee and we will affect a refund. Please note you may only avail of this money back guarantee once.
9.1 Your order will be fulfilled by the estimated delivery date set out in the Order Confirmation, unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.
9.2 Delivery will be completed when we deliver the Products to the address you gave us. Delivery in the UK is routinely between 2-5 days or as stated in the Order Confirmation.
9.3 If no one is available at your address to take delivery, a note will be left for you to arrange collection or re-delivery.
9.4 The Products will be your responsibility from the completion of delivery.
9.5 You own the Products once we have received payment in full, including all applicable delivery charges.
Our standard small order delivery uses Royal Mail. A product that remains undelivered for 10 days is deemed to have been lost and it is only at that point that we can issue replacements or refund.
10. International delivery
10.1 We deliver overseas but there may be restrictions on the delivery of certain Products to certain international delivery destinations in which case we may not be able to deliver to you and may not be able to accept your order.
10.2 If you order Products from our site for delivery to certain international delivery destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
10.3 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
10.4 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
10.5 The time for delivery of international orders is currently between 3-7 working days but this may be updated from time to time. Please see section 13 for product warranty for overseas orders.
11. Price of products and delivery charges
11.1 The prices of the Products will be as quoted on our site from time to time the final checkout currency will always be pounds sterling . We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, please see clause 11.5 for what happens in this event.
11.2 Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.
11.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
11.4 The price of a Product does not include delivery charges. Our delivery charges are as quoted on our site from time to time. To check relevant delivery charges, please refer to our Delivery Information page.
11.5 Our site may contain a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
(a) where the Product's correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Products to you. However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price; and
(b) if the Product's correct price is higher than the price stated on our site, we will contact you in writing as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
12. How to pay
12.1 You can only pay for Products using a debit card or credit card or Paypal.
12.2 Payment for the Products and all applicable delivery charges is in advance.
13. Our warranty for the Products and disclaimer
13.1 We warrant that the Products will correspond with Order at the time of the Dispatch Confirmation and shall be free from material defects on delivery. However, this warranty does not apply in the circumstances described in clause 13.2.
13.2 The warranty in clause 13.1 does not apply to any defect in the Products arising from wilful damage, abnormal storage or working conditions, accident, negligence by you or any third party or if you fail to use the Products in accordance with the user instructions.
13.3 Whilst we use reasonable efforts to include accurate and up to date information on this site we make no warranty or representation with regard to the accuracy or reliability of such information or material linked to or from the site and, to the fullest extent permissible by law, we expressly disclaim any liability in respect of the same. We do not monitor the content not produced by us and any views expressed by third parties on this site or on any sites linked hereto are not necessarily representative of our views.
13.4 For the avoidance of doubt the information provided on this site is for information only and it does not constitute medical advice. If in doubt before using any of the food supplements you should seek medical advice from your doctor. Food supplements by their very nature and description should be taken in conjunction with, and not as a substitute for, a healthy lifestyle and balanced diet.
13.5 The Products are sold as food supplements and are not sold for any particular purpose 13.6 Unless otherwise stated on the packaging, all Earths Secret Ltd products are formulated, packed, labelled, and sold as “Food Supplement” products compliant with the relevant aspects of current UK Food, and Food Supplement, Legislation. Customers wishing to purchase products from Earths Secret UK Ltd (whether by telephone or via website) for delivery into Countries and States outside the UK should satisfy themselves that the products, any health or nutritional claims the products concerned may carry, any ingredients they may contain, and the levels at which any ingredients and nutrients are present, comply with the relevant regulations and legislation in the country to which the products are to be shipped. Earths Secret Ltd cannot be held responsible for any delays, any inconvenience, or for any non-delivery, that may arise if the products are held, whether temporarily, or permanently, at point of entry into any other Country or State outside the UK. Likewise, Earths Secret Ltd cannot not be held liable for any additional costs, or losses, arising from any such delays or non-delivery, nor be held liable for any local import duties, taxes, or other incidental charges or fees, that may be imposed upon any products on entry into any Country or State outside the UK.
13.7 Shelf-life/Durability and Best Before dates of Earths Secret products are based on storage of the product under the recommended storage conditions as stated on product labels, under UK ambient climatic conditions. Many nutrients are highly susceptible to degradation under conditions of elevated temperatures and/or elevated humidity, and Earths Secret Ltd cannot be held liable for any deterioration of products, whether physical, chemical or microbiological, due to storage or use under climatic or environmental conditions outside the UK. Earths Secret Ltd cannot not be held liable for any losses, illness, or injury, arising from any such degradation of a product where the country in which the product is being stored or used does not share the same Köppen system climatic zone classification (i.e. ‘Temperate’) as the UK .
14. Our liability if you are a business
14.1 These terms do not apply to you. You need to refer to your business terms and conditions.
15. Our liability if you are a consumer
This clause 15 only applies if you are a consumer.
15.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
15.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
15.3 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Consumer Protection Act 1987.
16. Events outside our control
16.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 16.2.
16.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
16.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
17. Communications between us
17.1 When we refer, in these Terms, to "in writing", this will include email.
17.2 If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing, you can send this to us by e-mail or by pre-paid post to Earths Secret Ltd, 32a Old Bann Road, Donaghcloney, Craigavon, Northern Ireland, BT66 7PW. We will confirm receipt of this by contacting you in writing, normally by e-mail. If you are a consumer and exercising your right to cancel under clause 8, please see that clause 8 for how to tell us this.
17.3 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
17.4 If you are a business customer, these terms do not apply to you. You need to refer to our business terms and conditions, a copy of which can be seen here.
18. Other important terms
18.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you in writing or by posting on this webpage if this happens.18.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
18.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
18.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
18.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
18.6 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of Northern Ireland will have exclusive jurisdiction.