Terms & conditions
Last updated: 12-10-2022
1. Introduction
Welcome to Earthy Tweens Private Limited (“Company”, “we”, “our”, “us” “Earthy Tweens”).
This Terms of Use Agreement is a legal agreement between the users of the Website (“User” or “You”
or “Your”) and Earthy Tweens Private Limited, which company is the exclusive owner of the trade
name “Earthy Tweens” (“Company” or “Earthy Tweens”).
You are advised and asked upon to read the terms of use carefully before using this website. your use
of the website or the products and services provided by the website shall imply your acceptance of
the terms.
This document is an electronic record under the Information Technology Act of 2000 and any
applicable rules, as well as the amended provisions pertaining to electronic records in various statutes
as amended by the Information Technology Act of 2000. A computer system generates this electronic
record, which does not require any physical or digital signatures.
Your use of the Platform/Website, “earthytweens.com” (the “Site or Website”),services and tools are
governed by the following terms and conditions ("Terms of Use") as applicable to the Platform
including the applicable policies which are incorporated herein by way of reference. If You transact on
the Platform, you shall be subject to the policies that are applicable to the Platform for such
transaction. By mere use of the Platform, you shall be contracting with Earthy Tweens Pvt Ltd. and
these terms and conditions including the policies constitute Your binding obligations, with Earthy
Tweens Pvt Ltd.
Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard and
disclose information that results from your use of our web site/pages.
Your agreement with us includes these Terms and our Privacy Policy (“Agreements”). You
acknowledge that you have read and understood Agreements, and agree to be bound of them.
Earthy Tweens retains the right to deny access to the Website to any new User(s) or terminate access
granted to any existing User(s) at any time for any reason, without providing any reasons. Further you
are responsible for maintaining the necessary computer equipment and Internet connection that may
be required to access, use, and transact on the Website.
If you do not agree with (or cannot comply with) Agreements, then you may not use the Service, but
please let us know by emailing at <support@earthytweens.com> so we can try to find a solution.
These Terms apply to all visitors, users and others who wish to access or use Service.
2. Communications
By using our Service, you agree to subscribe to newsletters, marketing or promotional materials and
other information we may send. However, you may opt out of receiving any, or all, of these
communications from us by following the unsubscribe link or by emailing
at <support@earthytweens.com>.
3. Purchases
All payments made against purchases on the Website by You shall be as against the MRP or final
offered price displayed on the Website. If you wish to purchase any product or service made available
through website (“Purchase”), you may be asked to supply certain information relevant to your
Purchase including but not limited to, your credit or debit card number, or net banking details, the
expiration date of your card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any 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.
We 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. Use of such third-party online payment
gateway provider services will be governed by their Terms and Conditions as applicable for Your
nature of activities
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.
You will be solely responsible for the security and confidentiality of Your debit/credit card or net
banking details. The Website will not be liable for any debit/credit card or net banking fraud any loss
or damage arising directly or indirectly to You including but not limited to the lack of authorization for
any transaction(s), exceeding the present limit mutually agreed by You and Your bank, payment issues
arising out of the transaction, or the decline of the transaction(s) for any other reason(s). The liability
for use of a card or net banking fraudulently will be on You and the onus to prove otherwise shall be
exclusively on You. Earthy Tweens shall be under no liability whatsoever in respect of any loss or
damage arising directly or indirectly out of the authorization of any transaction for any reason
whatsoever. Earthy Tweens will not share Your debit/credit card or net banking details with any thirdparty unless required by law or court order.
4. Contests, Sweepstakes and Promotions
Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through
website may be governed by rules that are separate from these Terms of Service. 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 of use, Promotion rules will apply only to the point of those
promotion period.
5. Order Delivery
Company will make all reasonable efforts but does not guarantee the delivery of products and services
in the stipulated time period as mentioned on the purchase of the product. In no manner can the
contract be terminated if Company fails to deliver one or more products in the stipulated time frame.
However, if You fail to take delivery of the goods, Company may at its discretion charge you additional
shipping cost.
All products purchased from the Website are made pursuant to a shipment contract. This means that
the risk of loss and title for such items passes to You upon Company’s delivery to the shipping carrier.
6. Refunds
Earthy Tweens will make all reasonable efforts to deliver defect-free products to You. Earthy Tweens
does not take title to any returned products purchased by You unless the item is received back by
Earthy Tweens. The product must be unused, unwashed and unsoiled and must have the original tag
in place. Please place the toy or garments in their original pouch and hand it over to the pickup courier
executive. Products and services purchased on the Website do not qualify for return unless the
product delivered is damaged or has manufacturing defects. It is Your responsibility to intimate Earthy
Tweens of any such damage or defects in the product purchased and received by You within 5 days of
delivery, failing which the product(s) will not qualify for returns unless expressly covered by the
product warranty even in case the said product has been wrongly delivered. Upon verification, if the
claim is found valid, Earthy Tweens will make arrangements to collect the damaged product(s) and
either replace the product(s) or offer You a full refund via Your initial method of payment. These
instructions will be given to you as recourse . Earthy Tweens reserves the right to make the final
judgment on whether a product has been significantly damaged and the right to determine whether
a refund will be issued or not or if you need to ship the product back to us .
7. Order Cancellation
There can be various and unavoidable circumstances and there may be times when certain orders
having been validly placed may not be processed or capable of being dispatched or delivered. There
might be a situation that the order placed could not be dispatched to your location. Earthy Tweens
reserves the exclusive right to refuse or cancel any order for any reason. Some other situations that
may result in Your order being cancelled shall include but not limited to product availability, errors in
product or pricing information, etc.
If Your order is cancelled after Your debit/credit card or Bank has been charged, the said amount will
be fully refunded via Your initial method of payment. Any promotional and discount vouchers,
coupons, and codes used for the cancelled orders may not be refunded.
8. Product Variation or Pricing Error
Earthy Tweens takes all precautions to deliver the exact product as it appears on the website. The
product which are on offer on the website are handmade products and use natural colours and dyes
the clothes and also toys , hence there may be minor variations in minor shape, size, colour, texture,
and design or final make being offered for purchase. There may be certain wood marks, minor holes
or variation in the wood colour of the toys while making the toys by hand. They are not defects but
add to the beauty of these sustainable products . Variation in colour and finish can further happen as
each product is made independently by hand and not by bulk machine lines. Further there can be a
difference in the colour of the toys and clothes due to the reason of natural colours used in the
products. Variation in colour can further be attributable because of the different pixel of the device
you use for the purchase of the product. Earthy Tweens disclaims any guarantees of exactness of the
finish or appearance of the final product ordered by You over and above generally acceptable
standards on the same. Earthy Tweens shall not be responsible or made liable in this regard. In the
event of the quality of the products, services, and Content purchased by You and not meeting Your
expectations, you can write to us at support@earthytweens.com.
The product or service price mentioned on the Website is the Maximum Retail Price (MRP) for the said
product or service. Such MRP shall be inclusive of all local taxes as are applicable in India. Any
additional taxes based on the delivery location can be charged as per law. We may also charge delivery
charges which may include postal/shipping charges to deliver the product or services ordered by You
on the Website.
The Price of the product will be charges as shown on the website, however if due to any error, the
price shown is lower than the actual cost, Earthy Tweens reserves the right to cancel the order or
rectify the same.
9. Content
Content found on or through this website are the property of Earthy Tweens Private Limited or used
with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said
Content, whether in whole or in part, for commercial purposes or for personal gain, without express
advance written permission from us.
10. Prohibited Uses
You may use Service only for lawful purposes and in accordance with Terms. You agree not to use
Service:
0.1. In any way that violates any applicable national or international law or regulation.
0.2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by
exposing them to inappropriate content or otherwise.
0.3. To transmit, or procure the sending of, any advertising or promotional material, including any
“junk mail”, “chain letter,” “spam,” or any other similar solicitation.
0.4. To impersonate or attempt to impersonate Company, a Company employee, another user, or any
other person or entity.
0.5. In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent,
or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
0.6. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or
which, as determined by us, may harm or offend Company or users of Service or expose them to
liability.
Additionally, you agree not to:
0.1. Use website in any manner that could disable, overburden, damage, or impair website or interfere
with any other party’s use of website, including their ability to engage in real time activities through
website.
0.2. Use any robot, spider, or other automatic device, process, or means to access website for any
purpose, including monitoring or copying any of the material on website.
0.3. Use any manual process to monitor or copy any of the material on website or for any other
unauthorized purpose without our prior written consent.
0.4. Use any device, software, or routine that interferes with the proper working of website.
0.5. Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or
technologically harmful.
0.6. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of website,
the server on which website is stored, or any server, computer, or database connected to website.
0.7. Attack website via a denial-of-service attack or a distributed denial-of-service attack.
0.8. Take any action that may damage or falsify Company rating.
0.9. Otherwise attempt to interfere with the proper working of website.
11. Analytics
We may use third-party Service Providers to monitor and analyse the use of our website.
12. Membership Eligibility
Website is intended only for access and use by individuals at least eighteen (18) years old. By accessing
or using website, you warrant and represent that you are at least eighteen (18) years of age and with
the full authority, right, and capacity to enter into this agreement and abide by all of the terms and
conditions of Terms. If you are not at least eighteen (18) years old, you are prohibited from both the
access and usage of website. If Your age is below 18 years, your parents or legal guardians can transact
on behalf of You if they are registered users.
13. User Account
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 website.
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 website or a third-party website. 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.
14. Intellectual Property
Service/ website and its original content (excluding Content provided by users), features and
functionality are and will remain the exclusive property of Earthy Tweens and its licensors. Website is
protected by copyright, trademark, and other laws of and foreign countries. The trademarks, names,
logos, and service marks (collectively “Trademarks”) displayed on the Website are owned and
controlled by Earthy Tweens or other third-parties that have licensed their use to Earthy Tweens.
Nothing contained on this Website, or your use of the website should be construed as granting any
license or create any right to use any Trademark without the prior written permission of Earthy
Tweens or the third-party that owns it.
All content on this Website, including but not limited to all text, images, illustrations, graphics, icons,
artwork, audio clips, video clips, databases, hyperlinks, and meta tags, including the design, structure
and arrangement, user interface, visual interface, and source code (collectively “Content”) is
protected by copyrights, trademarks, patents, and other intellectual property rights that are owned
and controlled by Earthy Tweens or by other third-parties that may have licensed their material to us.
All right, title and interest in the Content/ Website, Services are and will remain the Company’s
exclusive property and/or of third parties’ associates (as applicable or as the case may be). We reserve
all rights including those not expressly written in this Agreement. The Content is solely for Your
personal, non-commercial use. You must not copy, modify, reproduce, republish, upload, post,
transmit, or distribute such Content in any way, including by e-mail or other electronic means,
whether directly or indirectly, and You must not assist or cause any other person to do so. You agree
that you will not, and you will not encourage, assist or authorize any other person to, directly or
indirectly, for any reason whatsoever, reverse engineer, decompile, disassemble, or otherwise tamper
with any security components, usage rules or other protection measures applicable to the Services or
the Content. Without the prior written consent of Earthy Tweens, use of the Content on any other
website or networked computer environment or use of the Content for any purpose other than
personal, non-commercial use is a violation of the copyrights, trademarks, and other proprietary
rights, and is prohibited.
Earthy Tweens welcomes hypertext links to this Website. You may establish a hypertext link to this
Website, provided that the link does not state or imply any sponsorship or endorsement of Your
Website by Earthy Tweens. You must not use on Your Website or in any other manner any Trademarks
or any other Content appearing on the Website, including any logos or characters, without the express
written consent of Earthy Tweens. You must not frame or otherwise incorporate into another Website
or present in conjunction with or juxtaposed against such a Website any Content without company’s
prior written consent.
15. Copyright Policy
We respect the intellectual property rights of others. It is our policy to respond to any claim that
Content posted on Service/website infringes on the copyright or other intellectual property rights
(“Infringement”) of any person or entity. We request that you will promptly notify us in writing upon
your discovery of any unauthorized use or infringement of the Services (including the Content) or our
patent, copyright, trade secret, trademarks or other intellectual property rights.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted
work has been copied in a way that constitutes copyright infringement, please submit your claim via
email to <support@earthytweens>.
16. Error Reporting and Feedback
You may provide us directly at support@earthytweens with information and feedback concerning
errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our
Service/website (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or
assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Company
may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential
information or proprietary information from you or any third party; and (iv) Company is not under any
obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership
to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates
an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right
to use (including copy, modify, create derivative works, publish, distribute and commercialize)
Feedback in any manner and for any purpose.
17. Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled
by Company. Company 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 company 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 of service and privacy policies of any third party web sites or
services that you visit.
18. Disclaimer Of Warranty
THESE SERVICES ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY
MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE
OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED
THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY
SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.
NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR
REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY,
ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER
COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE
SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE
ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT
THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE
SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF
MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED
UNDER APPLICABLE LAW.
19. Limitation Of Liability
EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES,
AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND
EXPENSES OF LITIGATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION IS
INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION,
OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT
LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS
AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES,
RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY
OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF
COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND
UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME
STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
20. Termination
We may terminate or suspend your account and bar access to website 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 Terms.
If you wish to terminate your account, you may simply discontinue using website.
All provisions of Terms which by their nature should survive termination shall survive termination,
including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations
of liability.
21. Governing Law
These Terms shall be governed and construed in accordance with the laws of India, which governing
law applies to agreement without regard to its conflict of law provisions. The User agrees that the
courts located in Gurugram, India shall have exclusive jurisdiction over all controversies, claims,
differences, and disputes arising under the Terms.
These Terms and Privacy policy constitute the entire agreement between us regarding our website
and supersede and replace any prior agreements we might have had between us regarding website.
22. Changes To Service
We reserve the right to withdraw or amend our Service/website, and any service or material we
provide via website, in our sole discretion without notice. We will not be liable if for any reason all or
any part of Service is unavailable at any time or for any period. From time to time, we may restrict
access to some parts of Service/website, or the entire Service/website, to users, including registered
users.
23. Amendments To Terms
We may amend Terms at any time by posting the amended terms on this website. It is your
responsibility to review those Terms periodically.
Your continued use of the Platform following the posting of revised Terms means that you accept and
agree to the changes. You are expected to check this page frequently,so you are aware of any changes,
as they are binding on you.
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 Service.
24. Force Majeure/Act of God
Failure on the part of Earthy Tweens to perform any of its obligations and the inability to provide a
product or service shall not entitle You to raise any claim against Earthy Tweens or be a breach
hereunder to the extent that such failure arises from an event of Force Majeure or Act of God. If
through Force Majeure or Act of God the fulfilment by either party of any obligation set forth in this
Terms will be delayed, the period of such delay will not be counted on in computing periods prescribed
by the Terms. Situations include but not limited to any war, civil commotion, strike, governmental
action, lockout, accident, epidemic, any defect or delay caused due to the server, internet, technical
default, natural calamities, or any other event of any nature or kind whatsoever beyond the control
of Earthy Tweens that directly or indirectly hinders or prevents Earthy Tweens from performing its
obligations. You expressly agree that lack of funds or non-payment at your end shall not constitute or
be considered an event of Force Majeure.
25. Waiver And Severability
No waiver by Company of any term or condition set forth in Terms shall be deemed a further or
continuing waiver of such term or condition or a waiver of any other term or condition, and any failure
of Company to assert a right or provision under Terms shall not constitute a waiver of such right or
provision.
If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid,
illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum
extent such that the remaining provisions of Terms will continue in full force and effect.
26. Acknowledgement
BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ
THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.
27. Contact Us
Please send your feedback, comments, requests for support etc by email: support@earthytweens.
