Terms & Conditions

TERMS AND CONDITIONS

 

These Terms and Conditions of Use (“Terms”) constitute a legally binding agreement between the user (“User”, “you”, “your”) and ENCOMPAZ CONSULTING LLP, a limited liability partnership incorporated under the laws of India, having its registered office at Chennai, India (“Company”, “we”, “us”, “our”), governing access to and use of the website www.earthspiritus.com (“Website”) and the services made available thereunder (“Services”).

 

1. ACCEPTANCE AND BINDING EFFECT

   1. By accessing, browsing, registering on, or otherwise using the Website or Services, the User expressly acknowledges that the User has read, understood, and agrees to be bound by these Terms, together with all policies incorporated herein by reference.

   2. If the User does not agree to these Terms in their entirety, the User shall forthwith discontinue access to and use of the Website and Services.

   3. These Terms shall constitute an electronic record within the meaning of applicable information technology laws and shall not require physical, electronic, or digital signature to be legally enforceable.

 

1. ELIGIBILITY AND CAPACITY

   1. The User represents and warrants that:

      1.  the User is at least eighteen (18) years of age;

      2. the User has full legal capacity to enter into a binding contract; and

      3. the User is not prohibited from using the Services under any applicable law.

   2. Where the User accesses the Website on behalf of any entity, the User represents that the User has due authority to bind such entity.

 

1. NATURE AND SCOPE OF SERVICES

   1. The Company provides home décor products subject to these Terms.

   2. The sale of physical goods through the Website constitutes a contract for the supply of goods and not for the provision of services.

   3. The Company reserves the unfettered right to modify, suspend, withdraw, or discontinue any aspect of the Website or Services, temporarily or permanently, with or without notice.

   4. No assurance is given that the Services shall meet the User’s requirements or be available on an uninterrupted, timely, secure, or error-free basis.

 

1. USER OBLIGATIONS AND RESTRICTIONS

   1. The User undertakes not to:

      1. use the Website or Services for any unlawful, fraudulent, or prohibited purpose;

      2. violate any applicable laws or regulations of the European Union, United Kingdom, India, or any other jurisdiction;

      3. infringe any intellectual property, data protection, or proprietary rights;

      4. interfere with the integrity or performance of the Website;

      5. introduce viruses, malware, or harmful code; or

      6. engage in any activity that may expose the Company to liability.

   2. The User shall be solely responsible for all acts and omissions undertaken through the User’s access credentials.

 

1. INTELLECTUAL PROPERTY

   1. All intellectual property rights in and to the Website, Services, and all content thereon shall vest exclusively with the Company or its licensors.

   2. No right, title, or interest is granted to the User except a limited, non-exclusive, non-transferable, revocable licence to use the Website in accordance with these Terms.

 

1. PAYMENTS AND PAYMENT PROCESSING

   1. All payments in respect of the Services and/or Products shall be processed exclusively through Razorpay Software Private Limited or its affiliates (“Payment Processor”). The User expressly acknowledges that the Company does not control payment authorisation, settlement, reversal, or chargeback processes.

   2. The Company does not collect, store, process, or retain any payment card details, banking information, or other sensitive financial data. Such information is handled directly by the Payment Processor in accordance with its own terms, privacy policies, and security standards.

   3. The User expressly acknowledges and agrees that:

      1. the Company is not a party to the payment transaction between the User and the Payment Processor;

      2. the Company exercises no control over, and assumes no liability for, payment authorisation, failure, delay, chargebacks, reversals, or fraud detection mechanisms implemented by the Payment Processor; and

      3. any disputes relating to payment processing shall be resolved directly between the User and the Payment Processor.

      4. The Company shall not be liable for any loss, damage, or inconvenience arising out of payment failures attributable to the Payment Processor or the User’s financial institution.

   4. The User agrees that initiation of a chargeback or payment dispute without first contacting the Company for resolution shall constitute a breach of these Terms:

      1. In the event of a chargeback, the Company reserves the right to:

         1. suspend further fulfilment of orders;

         2. recover all chargeback fees, penalties, and administrative costs imposed by the Payment Processor; and

         3. submit transaction records, delivery confirmation, and communications to the Payment Processor as evidence.

      2. The User expressly authorises the Company to use:

         1. order confirmations,

         2. delivery tracking data from Royal Mail,

         3. proof of delivery, and

         4. correspondence for the purpose of defending chargebacks.

      3. Chargebacks initiated after confirmed delivery shall be deemed unauthorised disputes, subject to applicable law.

      4. The Company shall not be liable for any loss arising from payment reversals initiated by the User or the User’s financial institution.

   5. The User acknowledges that delivery confirmation, courier tracking status, and proof of delivery issued by the Delivery Partner shall constitute conclusive evidence of fulfilment, subject to applicable consumer protection laws.

 

1. PRICING, TAXES, AND CHARGES

   1. All prices displayed on the Website are exclusive of applicable taxes, customs duties, import charges, or similar governmental levies, unless expressly stated otherwise.

   2. The User shall be solely responsible for any taxes, duties, or fees imposed by authorities in the User’s jurisdiction.

 

1. DELIVERY AND FULFILMENT

   1. Physical goods, where applicable, shall be dispatched through Royal Mail Group Limited or such other courier as the Company may designate (“Delivery Partner”).

   2. Estimated delivery timelines are indicative only and shall not constitute a binding guarantee.

   3. The Company shall not be liable for delays, loss, damage, or non-delivery caused by:

      1. the Delivery Partner;

      2. customs clearance processes;

      3. incorrect or incomplete delivery information provided by the User; or

      4. force majeure events.

   4. Risk in the goods shall pass to the User upon handover of the goods to the Delivery Partner, except where mandatory consumer protection laws require risk to pass upon actual delivery to the User.

   5. Title to the goods shall pass to the User upon full receipt of payment.

 

1. RETURNS, CANCELLATIONS, AND REFUNDS

   1. Returns, cancellations, and refunds shall be governed exclusively by the Refund & Cancellation Policy, which forms an integral part of these Terms.

   2. In the event of any inconsistency between these Terms and the Refund & Cancellation Policy, the provisions of the Refund & Cancellation Policy shall prevail to the extent of such inconsistency.

 

1. THIRD-PARTY SERVICE PROVIDERS

   1. The User acknowledges that the Company relies on third-party service providers, including but not limited to payment processors and delivery partners, for the performance of certain obligations.

   2. The Company shall not be responsible for acts, omissions, defaults, or failures of such third-party service providers.

   3. Use of third-party services shall be subject to the respective terms and conditions and privacy policies of such providers.

   4. The Website is hosted and operated on the Wix.com Ltd. platform (“Hosting Provider”).

   5. The User acknowledges that:

      1. the Hosting Provider provides infrastructure and hosting services only;

      2. the Company does not control the Hosting Provider’s technical operations; and

      3. availability, performance, and security features are subject to the Hosting Provider’s systems.

   6. The Company shall not be liable for:

      1. downtime,

      2. data loss,

      3. security incidents, or

      4. service interruptions

 

attributable to the Hosting Provider, except where required by applicable law.

1. The Hosting Provider acts as a data processor in relation to personal data processed on behalf of the Company, in accordance with applicable data protection laws.

 

1. CONSUMER RIGHTS (EU AND UK USERS)

   1. Nothing in these Terms shall affect the statutory rights of consumers under applicable EU or UK consumer protection laws.

   2. Where mandatory consumer rights apply, such rights shall prevail notwithstanding any contrary provision herein.

 

1. LIMITATION OF LIABILITY

Without prejudice to Clause 18 below, the Company shall not be liable for any loss or damage arising from:

1. payment processing errors attributable to Razorpay;

2. delivery delays, loss, or damage attributable to Royal Mail; or

3. acts or omissions of third-party service providers beyond the Company’s reasonable control.

 

1.  FORCE MAJEURE

The Company shall not be liable for failure or delay in performance due to events beyond its reasonable control, including but not limited to acts of God, wars, strikes, pandemics, governmental actions, or disruptions affecting payment processors or delivery partners.

 

1. DATA PROTECTION AND PRIVACY

   1. The Company processes personal data in accordance with:

      1.  Regulation (EU) 2016/679 (GDPR);

      2. UK GDPR and the Data Protection Act 2018; and

      3. applicable Indian data protection laws.

   2. The Company’s Privacy Policy forms an integral part of these Terms.

   3. By using the Website, the User expressly consents to such processing, including cross-border data transfers.

   4. Customer information is stored on servers operated by the Hosting Provider, including servers located outside the EU and UK. Appropriate contractual and technical safeguards are implemented to comply with applicable data protection laws.

 

1. INTERNATIONAL DATA TRANSFERS

   1. The User acknowledges that personal data may be transferred to and processed in jurisdictions outside the EU and UK.

   2. Such transfers shall be safeguarded by appropriate legal mechanisms recognised under applicable data protection laws.

 

1. THIRD-PARTY LINKS

   1. The Website may contain links to third-party websites.

   2. The Company assumes no responsibility or liability for the content, policies, or practices of such third parties.

 

1. DISCLAIMERS

   1. To the maximum extent permitted by law, the Website and Services are provided on an “as is” and “as available” basis.

   2. The Company expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

   3. The User acknowledges that no information or advice, whether oral or written, obtained from the Company shall create any warranty or representation not expressly stated herein.

 

1. LIMITATION OF LIABILITY

   1. To the fullest extent permissible under applicable law, the Company shall not be liable for any indirect, incidental, special, consequential, or exemplary damages.

   2. The aggregate liability of the Company shall not exceed the total amount paid by the User to the Company in the twelve (12) months preceding the cause of action.

   3. Nothing herein shall exclude liability that cannot be excluded under mandatory consumer protection laws.

 

1. INDEMNIFICATION

The User agrees to indemnify, defend, and hold harmless the Company from and against all claims, losses, liabilities, damages, and expenses arising from the User’s breach of these Terms or violation of law including third-party claims arising from misuse of the Website or breach of applicable law.

 

1. TERMINATION

   1. The Company may terminate or suspend access to the Website immediately upon breach of these Terms.

   2. Provisions which by their nature are intended to survive termination shall survive.

 

1. GOVERNING LAW AND JURISDICTION

   1. These Terms shall be governed by and construed in accordance with the laws of India.

   2. Subject to mandatory consumer protection laws, the courts in Chennai, India shall have exclusive jurisdiction.

 

1. SEVERABILITY

If any provision is held invalid or unenforceable, such provision shall be severed without affecting the validity of the remaining provisions.

 

1. AMENDMENTS

The Company reserves the right to amend these Terms at any time. Continued use of the Website shall constitute acceptance of the amended Terms.

 

1. NOTICES AND CONTACT

All legal notices shall be addressed to:

Name : Abhishek shankar

Email : founder@earthspiritus.com

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