Terms of service

OVERVIEW

Welcome to EarthDaad! The terms “we,” “us,” and “our” refer to EarthDaad. EarthDaad operates this store and website, including all related information, content, features, tools, products, and services, in order to provide you, the customer, with a curated shopping experience (the “Services”). EarthDaad is powered by Shopify, which enables us to provide the Services to you.

These terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or our Privacy Policy, you should not use or access the Services.

SECTION 1 — ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state, province, territory, or jurisdiction of residence, and that you have given us your consent to allow any minor dependents to use the Services on devices you own, purchase, or manage.

To use the Services, including accessing or browsing our online store or purchasing any products or services we offer, you may be asked to provide certain information, such as your email address, billing information, payment information, and shipping information.

You represent and warrant that all information you provide is accurate, current, and complete, and that you have all rights necessary to provide such information.

You are solely responsible for maintaining the security of your account credentials and for all activity occurring through your account. You may not transfer, sell, assign, or license your account to another person.

SECTION 2 — OUR PRODUCTS

We make reasonable efforts to provide accurate representations of our products and services in our online store.

However, colors, textures, shapes, sizes, and other aspects of a product’s appearance may differ from how they appear on your screen due to your device, display settings, lighting, photography, and the natural characteristics of the product.

Many of the materials offered by EarthDaad are natural products. Natural variation in color, texture, shape, consistency, appearance, and other characteristics may occur between individual pieces, batches, harvests, or sources.

We do not warrant that the appearance or quality of any product or service purchased by you will exactly match photographs or rendered representations displayed in our online store.

All product descriptions are subject to change at any time without notice at our sole discretion.

We reserve the right to discontinue any product at any time and may limit quantities offered to any person, geographic region, or jurisdiction on a case-by-case basis.

SECTION 3 — ORDERS

When you place an order, you are making an offer to purchase.

EarthDaad reserves the right to accept or decline your order for any lawful reason at our discretion. Your order is not accepted until EarthDaad confirms acceptance.

We must receive and process your payment before an order is accepted.

Please review your order carefully before submitting it, as EarthDaad may be unable to accommodate cancellation requests after an order has been accepted or entered into fulfillment.

If we decline, modify, or cancel an order, we will attempt to notify you using the email address, billing address, shipping address, and/or telephone number provided when the order was placed.

Purchases are subject to return, refund, or exchange only in accordance with our Refund Policy.

You represent and warrant that purchases made through the Services are for lawful purposes and comply with all applicable laws and regulations.

SECTION 4 — PRICES AND BILLING

Prices, discounts, availability, and promotions are subject to change without notice.

The price charged for a product or service will be the price in effect at the time your order is placed and will be displayed during checkout and/or in your order confirmation.

Unless expressly stated otherwise, posted prices do not include applicable taxes, shipping charges, handling charges, customs duties, brokerage fees, import charges, or other governmental charges.

Prices offered through our online store may differ from prices offered through other channels or third parties.

From time to time, we may offer promotions that are subject to separate terms and conditions. If there is a conflict between promotional terms and these Terms, the promotional terms will govern with respect to that promotion.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made through the Services.

You agree to promptly update your account and other information when necessary so that we can complete transactions and contact you as needed.

You represent and warrant that:

  1. Payment information you provide is true, correct, and complete;
  2. You are authorized to use the payment method provided;
  3. Charges incurred by you will be honored by the applicable payment provider; and
  4. You will pay all charges incurred by you at the prices displayed at checkout, including applicable shipping charges and taxes.

SECTION 5 — SHIPPING AND DELIVERY

Delivery times displayed or communicated by EarthDaad are estimates unless expressly stated otherwise.

We are not responsible for delays caused by shipping carriers, customs authorities, weather, transportation disruptions, government actions, incorrect or incomplete delivery information supplied by the customer, or events outside our reasonable control.

International shipments may be subject to customs inspections, duties, taxes, brokerage charges, import restrictions, or other requirements imposed by the destination country or jurisdiction.

Unless otherwise stated at checkout, customers are responsible for applicable customs duties, taxes, brokerage charges, and import-related fees imposed by their destination jurisdiction.

Additional shipping terms may be provided in our Shipping Policy.

SECTION 6 — INTELLECTUAL PROPERTY

The Services, including trademarks, branding, text, photographs, images, graphics, illustrations, video, audio, product descriptions, layouts, designs, logos, and the selection and arrangement of such materials, are owned by EarthDaad, its affiliates, licensors, or applicable rights holders and are protected by applicable intellectual property laws.

These Terms permit you to use the Services for personal, non-commercial purposes only.

Without prior written authorization, you may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, commercially exploit, store, or transmit material from the Services except where such activity is expressly permitted by applicable law.

Nothing in these Terms grants you any license or ownership rights in any patent, trademark, copyright, trade dress, design, proprietary information, or other intellectual property belonging to EarthDaad, Shopify, or any third party.

EarthDaad’s name, logo, product names, service names, designs, branding, and slogans are trademarks or other intellectual property of EarthDaad or applicable rights holders and may not be used without prior written permission.

Shopify’s names, logos, product and service names, designs, and slogans are trademarks of Shopify.

All other names, logos, product names, service names, designs, and slogans appearing through the Services belong to their respective owners.

SECTION 7 — OPTIONAL TOOLS

We may provide access to tools or functionality offered by third parties that we do not monitor and over which we may have limited or no control.

You acknowledge and agree that access to such tools may be provided “as is” and “as available” without warranties, representations, or conditions of any kind.

Your use of optional third-party tools is at your own risk and discretion.

You should review and understand the terms and policies of the relevant third-party provider before using such tools.

We may introduce new features, tools, services, or resources in the future. Such additions will also form part of the Services and will be subject to these Terms.

SECTION 8 — THIRD-PARTY LINKS

The Services may include links, materials, applications, integrations, or functionality provided or operated by third parties.

We are not responsible for examining or evaluating the content, accuracy, privacy, security, products, services, policies, or practices of third-party websites or services.

If you leave the Services to access a third-party website or service, you do so at your own discretion and risk.

We are not liable for harm or damages arising from your access to, purchase from, or use of third-party websites, products, services, resources, or content.

Please carefully review applicable third-party policies and terms before engaging in transactions with them.

Questions, complaints, concerns, or claims relating to third-party products or services should be directed to the applicable third party.

SECTION 9 — RELATIONSHIP WITH SHOPIFY

EarthDaad is powered by Shopify, which enables us to provide the Services to you.

However, sales and purchases made through our store are transactions directly between you and EarthDaad.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and EarthDaad, including injury, damage, loss, claims, or liability resulting from products or services purchased from EarthDaad.

To the extent permitted by applicable law, you release Shopify and its affiliates from claims, damages, and liabilities arising from or relating to your purchases and transactions with EarthDaad.

SECTION 10 — PRIVACY POLICY

Personal information collected through the Services is subject to our Privacy Policy, which is available through the Privacy Policy link displayed on our website.

Certain personal information may also be processed by Shopify in accordance with Shopify’s applicable privacy policies.

By using the Services, you acknowledge that you have had an opportunity to review these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes certain personal information relating to your access to and use of the Services in order to operate, secure, improve, and provide the Services.

Information submitted through the Services may be transmitted to or processed by Shopify and other service providers, including service providers located outside the country or jurisdiction in which you reside.

Please review our Privacy Policy for additional information about how EarthDaad, Shopify, and relevant service providers process personal information.

SECTION 11 — FEEDBACK

If you submit, upload, post, email, or otherwise transmit ideas, suggestions, reviews, feedback, proposals, plans, photographs, testimonials, or other content (“Feedback”), you grant EarthDaad a worldwide, perpetual, sublicensable, transferable, royalty-free license to use, reproduce, modify, publish, distribute, display, and otherwise use such Feedback to the extent permitted by applicable law.

You represent and warrant that:

  1. You own or have the rights necessary to provide the Feedback;
  2. You have disclosed any compensation or incentives received in connection with the Feedback where required; and
  3. Your Feedback complies with these Terms and applicable law.

Unless otherwise required by law, we are under no obligation to maintain Feedback in confidence, compensate you for Feedback, or respond to Feedback.

We may monitor, edit, or remove Feedback that we determine, in our discretion and subject to applicable law, to be unlawful, offensive, threatening, defamatory, obscene, misleading, infringing, or otherwise inappropriate.

You agree that your Feedback will not violate the rights of any third party, including intellectual property, privacy, publicity, personality, contractual, or proprietary rights.

You may not use a false email address, impersonate another person or entity, or misrepresent the origin of Feedback.

You remain responsible for Feedback you submit and its accuracy.

SECTION 12 — ERRORS, INACCURACIES AND OMISSIONS

Occasionally information available through the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, inventory, product availability, or other information.

We reserve the right to correct errors, inaccuracies, or omissions and to change or update information or cancel affected orders where information is inaccurate, subject to applicable law.

SECTION 13 — PROHIBITED USES

You may access and use the Services only for lawful purposes.

You may not use the Services, directly or indirectly:

  1. For unlawful, fraudulent, or malicious purposes;
  2. To violate applicable international, federal, provincial, territorial, state, or local laws or regulations;
  3. To infringe intellectual property or other rights belonging to EarthDaad or third parties;
  4. To harass, abuse, threaten, defame, intimidate, discriminate against, or harm another person;
  5. To transmit materially false or misleading information;
  6. To upload or distribute content that violates these Terms;
  7. To transmit spam, chain letters, unsolicited advertising, or similar solicitations;
  8. To impersonate another individual, organization, or entity;
  9. To upload viruses, malware, malicious code, or harmful technologies;
  10. To improperly collect or track personal information belonging to others;
  11. To phish, pharm, scrape, crawl, spam, or otherwise exploit the Services;
  12. To circumvent security, access-control, fraud-prevention, robot-exclusion, or authorization measures; or
  13. To engage in conduct that materially interferes with another person’s ability to use the Services.

We reserve the right to suspend, restrict, disable, or terminate access where we reasonably determine that these Terms have been violated.

SECTION 14 — AUTOMATED AGENTS

This section applies where software, automated systems, artificial intelligence agents, bots, or similar technology (“Agents”) access or interact with the Services.

Agents must comply with applicable laws, technical restrictions, security measures, robot-exclusion instructions, and any access requirements made available by EarthDaad or its technology providers.

Agents may not disguise automated activity as human activity, circumvent CAPTCHAs or access controls, evade technical restrictions, interfere with Services, or use automated access in a manner prohibited by these Terms.

We may limit or prevent automated access to the Services where necessary to protect the Services, customers, systems, intellectual property, security, or business operations.

SECTION 15 — TERMINATION

We may suspend or terminate your access to the Services, in whole or in part, where permitted by applicable law, including where these Terms have been violated.

You remain responsible for amounts legally due up to the effective date of termination.

Provisions which by their nature should survive termination will remain in effect, including provisions concerning intellectual property, privacy, feedback, disclaimers, limitations of liability, indemnification, governing law, and other continuing obligations.

SECTION 16 — DISCLAIMER OF WARRANTIES

Information presented on or through the Services is provided for general informational purposes.

To the extent permitted by applicable law, we do not warrant the accuracy, completeness, reliability, or usefulness of information provided through the Services.

Reliance on information provided through the Services is at your own discretion and risk.

Except as expressly stated by EarthDaad or required by applicable law, the Services and products offered through the Services are provided “as is” and “as available,” without representations, warranties, or conditions of any kind, whether express or implied.

Nothing in these Terms excludes or limits warranties, conditions, consumer guarantees, or other rights that cannot legally be excluded or limited.

SECTION 17 — LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, EarthDaad and its affiliates, partners, directors, officers, employees, agents, contractors, service providers, and licensors will not be liable for indirect, incidental, punitive, special, exemplary, or consequential damages arising from or relating to your use of the Services or products obtained through the Services.

This may include, where legally permitted, loss of profits, revenue, savings, data, business opportunities, or replacement costs.

Nothing in these Terms excludes or limits liability where such exclusion or limitation is prohibited by applicable law.

SECTION 18 — INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify and hold harmless EarthDaad, Shopify, and our respective affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from third-party claims, losses, liabilities, damages, and reasonable legal expenses arising from:

  1. Your material breach of these Terms;
  2. Your violation of applicable law or the rights of another person; or
  3. Your unlawful or unauthorized use of the Services.

We will provide reasonable notice of an indemnifiable claim where appropriate.

SECTION 19 — SEVERABILITY

If any provision of these Terms is determined to be unlawful, void, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted by law or severed where necessary.

The invalidity or unenforceability of one provision will not affect the validity or enforceability of the remaining provisions.

SECTION 20 — WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce a right or provision of these Terms does not constitute a waiver of that right or provision.

These Terms, together with policies and operating rules posted through the Services, constitute the entire agreement between you and EarthDaad concerning your use of the Services, except where otherwise expressly agreed in writing.

They supersede prior or contemporaneous communications or proposals relating to the same subject matter.

SECTION 21 — ASSIGNMENT

You may not transfer, delegate, or assign your rights or obligations under these Terms without our prior written consent where such restriction is permitted by applicable law.

EarthDaad may transfer, assign, or delegate its rights or obligations under these Terms in connection with a business reorganization, sale, acquisition, merger, transfer of assets, or similar transaction, subject to applicable law.

SECTION 22 — GOVERNING LAW

These Terms and any separate agreements through which we provide Services will be governed and interpreted in accordance with the laws applicable in the jurisdiction in which EarthDaad is headquartered, without limiting any mandatory consumer protection rights that apply to you based on your place of residence.

Any dispute will be addressed in accordance with applicable law and any jurisdiction or venue requirements that cannot legally be waived.

SECTION 23 — HEADINGS

Headings used in these Terms are provided for convenience only and do not limit or otherwise affect the interpretation of these Terms.

SECTION 24 — CHANGES TO THESE TERMS

You may review the current version of these Terms at any time through our website.

We reserve the right to update, modify, or replace portions of these Terms by posting updated terms to our website.

Where required by applicable law, we will provide notice of material changes.

Your continued use of the Services after updated Terms become effective constitutes acceptance of those Terms to the extent permitted by applicable law.

SECTION 25 — CONTACT INFORMATION

Questions about these Terms of Service may be sent to:

EarthDaad
Email: support@earthdaad.com

Additional business or legal contact information will be provided where required by applicable law.