Terms of service

OVERVIEW

Welcome to Earthlayers. The terms “we,” “us,” and “our” refer to Earthlayers, a brand operated by GIZMO PRIVATE LIMITED, a company incorporated in the Hong Kong Special Administrative Region.

Earthlayers operates this website and online store, including the information, content, features, tools, products, and services made available through it, collectively referred to as the “Services.” Our online store is hosted by Shopify, which provides the e-commerce platform that allows us to offer the Services to you.

These Terms of Service, together with any policies or terms referenced within them, govern your access to and use of the Services and describe your rights and responsibilities.

Please read these Terms of Service carefully. They contain important information regarding your legal rights, including warranty disclaimers and limitations of liability.

By accessing, browsing, interacting with, or using the Services, including placing an order, you agree to be bound by these Terms of Service. Our collection and use of personal information are described in our Privacy Policy. If you do not agree to these Terms of Service, you must not access or use the Services.

Earthlayers currently accepts orders for shipment only to eligible addresses within the United States. Orders are fulfilled and shipped from a U.S.-based fulfillment location, subject to product availability and any preorder timeframe disclosed at the time of purchase.

SECTION 1 — ACCESS AND ACCOUNTS

By creating an account or placing an order through the Services, you represent that you are at least the age of majority in your state or jurisdiction of residence and that you have the legal capacity to enter into a binding agreement.

When using the Services, you may be asked to provide information such as your name, email address, billing information, payment details, and shipping address. You agree that all information you provide is accurate, current, and complete and that you are authorized to provide and use such information. You are responsible for promptly updating your information when necessary.

If you create an account, you are responsible for maintaining the confidentiality and security of your login credentials and for all activity conducted through your account. You agree to notify us promptly if you become aware of any unauthorized access to or use of your account.

You may not sell, transfer, assign, license, or otherwise allow another person to use your account. We reserve the right to suspend or terminate an account if we reasonably believe that it has been used without authorization, fraudulently, or in violation of these Terms.

SECTION 2 — OUR PRODUCTS

Earthlayers offers ceramic dinnerware, including stoneware and earthenware products. Please refer to each product page for the material, specifications, care instructions, and other details applicable to that product.

We make reasonable efforts to ensure that product descriptions, photographs, dimensions, colors, and other information displayed through the Services are accurate. However, the appearance of a product may vary slightly from how it appears on your screen due to differences in device displays, screen settings, lighting, and photography.

Our ceramic products may feature natural and reactive glaze effects. As a result, individual pieces may vary slightly in color, glaze pattern, texture, speckling, shape, dimensions, and finish. These variations are part of the character of the product and generally are not considered defects.

Measurements, capacities, and weights shown on the Services are approximate unless expressly stated otherwise. Minor variations may occur as a result of the manufacturing and finishing processes.

Product availability is not guaranteed. We reserve the right, at our discretion and subject to applicable law, to modify product descriptions, specifications, prices, or availability; discontinue products; and limit the quantities available to any customer, household, geographic region, or jurisdiction.

We may correct product information where we identify an error or inaccuracy. Any cancellation, return, refund, or replacement relating to a product will be handled in accordance with our Return and Refund Policy and any other applicable policies.

Changes to product information do not automatically change the terms of an order that has already been accepted. Any error affecting an existing order will be addressed in accordance with Section 11 and applicable law.

SECTION 3 — ORDERS

When you place an order through the Services, you are making an offer to purchase the products listed in your order. An email confirming that we have received your order does not necessarily mean that your order has been accepted.

Your order is accepted when we send you an order confirmation indicating that the order has been approved, or when we begin processing or shipping the order, depending on our order process. Payment authorization or collection alone does not guarantee acceptance of an order.

We reserve the right to refuse, limit, or cancel an order for legitimate reasons, including suspected fraud, unauthorized payment activity, pricing or product-information errors, inventory shortages, shipping restrictions, or suspected violation of these Terms.

If we cancel an order after payment has been collected, we will refund the amount paid for the canceled items using the original payment method, in accordance with our Return and Refund Policy and applicable law.

Please review your order carefully before submitting it. Requests to modify or cancel an order are not guaranteed once processing or fulfillment has begun. Any cancellation rights and procedures are described in our Return and Refund Policy.

If we need additional information regarding your order, or if an order is delayed, changed at your request, refused, or canceled, we may contact you using the email address, billing information, shipping information, or telephone number provided with the order.

Returns, exchanges, refunds, and replacements are governed by our Return and Refund Policy.

Products purchased through the Services are intended for personal or household use unless we expressly agree otherwise in writing. You may not purchase products for unauthorized commercial resale.

SECTION 4 — PREORDERS

Certain products may be offered for early-bird preorder before they are available for immediate shipment. Products available for preorder will be identified on the applicable product page, together with an estimated shipping or fulfillment timeframe.

Current preorder products are expected to begin shipping on November 15, 2026, unless a different timeframe is stated on the applicable product page at the time of purchase. This is an estimated shipping timeframe and is not a guaranteed delivery date.

By placing a preorder, you acknowledge that the product is not ready for immediate shipment. Estimated timeframes may change due to production schedules, quality-control reviews, inventory availability, transportation delays, or other circumstances affecting fulfillment.

Unless otherwise stated on the product page or at checkout, full payment is collected at checkout for preorder products. Any applicable discounts, promotional terms, taxes, and shipping charges will be shown before you submit your order.

You may request cancellation of a preorder before it enters processing or fulfillment. Cancellation requests are not guaranteed once processing or fulfillment has begun. If the preorder has already shipped, the return and exchange requirements in our Return and Refund Policy apply.

If we cannot ship within the timeframe stated when your order was placed, we will contact you using the email address provided with your order and provide an updated estimated shipping timeframe. You may accept the revised timeframe or cancel the affected unshipped preorder items for a full refund. We will obtain any consent required by applicable law.

If an order contains both preorder products and products available for immediate shipment, the order may be shipped together when all products are available or in separate shipments, as disclosed on the product page, at checkout, or in communications concerning your order. Any additional shipping charges require disclosure and your agreement before they are charged.

We reserve the right to cancel a preorder if the product becomes unavailable, production is discontinued, or we are otherwise unable to fulfill the order. If we cancel a paid preorder, we will refund the amount paid for the canceled items to the original payment method.

Approved refunds will be issued within the timeframe stated in our Return and Refund Policy, subject to any shorter period required by applicable law.

SECTION 5 — PRICES, BILLING, AND PAYMENT

Prices, discounts, and promotions displayed through the Services may change at any time before an order is placed. The price charged for a product will be the price displayed and confirmed at checkout when you submit your order, subject to the correction of errors as described in these Terms.

Prices are displayed in U.S. dollars unless expressly stated otherwise.

Earthlayers currently offers free standard shipping on orders shipped to eligible addresses within the United States. Any charges for expedited shipping or other special delivery options, if available, will be displayed at checkout before you submit your order.

Applicable sales taxes and any other amounts collected by Earthlayers will be displayed at checkout. You are responsible for reviewing the total amount before submitting your order.

We may offer discounts, promotional codes, preorder pricing, or other special offers from time to time. Such offers may be subject to additional terms, including eligibility requirements, expiration dates, product exclusions, minimum-purchase requirements, quantity limits, or restrictions on combining offers. If the terms of a promotion conflict with these Terms, the specific promotion terms will govern with respect to that promotion.

You agree to provide current, complete, and accurate billing, payment, shipping, and account information for all purchases made through the Services. You are responsible for promptly updating your information when necessary so that we can process your transaction and contact you regarding your order.

By submitting payment information, you represent that you are authorized to use the selected payment method and authorize us and our third-party payment processors to charge that payment method for the total amount shown at checkout.

Payment may be authorized or collected when you place your order, depending on the payment method and the nature of the order. Unless otherwise disclosed, preorder products require full payment at checkout. A payment authorization or charge does not by itself guarantee that an order has been accepted. Order acceptance is governed by Section 3.

If your payment method is declined, cannot be verified, expires, is reversed, or otherwise fails, we may request another payment method or cancel the affected order. If an order is canceled after payment has been collected, any refund due will be issued in accordance with these Terms and our Return and Refund Policy.

SECTION 6 — SHIPPING AND DELIVERY

Earthlayers currently ships only to eligible addresses within the United States. Orders are fulfilled and shipped from a U.S.-based fulfillment location.

In-stock orders are typically processed and prepared for shipment within 3 to 7 business days after payment and order verification, unless a different processing timeframe is stated on the product page.

Processing time is separate from carrier transit time. For shipping and order-processing purposes, business days exclude Saturdays, Sundays, and U.S. federal holidays.

Preorder products follow the estimated shipping timeframe disclosed at the time of purchase and the provisions in Section 4. The standard processing timeframe for in-stock products does not mean that preorder products are available for immediate shipment.

We will make reasonable efforts to process and ship your order within the timeframe stated when you place it. Any carrier transit times or delivery dates are estimates unless expressly guaranteed. If we cannot meet a stated shipping timeframe, we will notify you and provide any cancellation, refund, or delay-consent options required by applicable law and our policies.

Delivery times may be affected by circumstances beyond our reasonable control, including carrier delays, weather conditions, inventory availability, production schedules, labor disruptions, or other unforeseen events. These circumstances do not limit any rights or remedies available to you under applicable law.

Available shipping methods, applicable charges, and estimated delivery timeframes will be presented at checkout or described in our Shipping Policy.

You are responsible for providing complete and accurate shipping information. Incorrect or incomplete information may result in delays, failed deliveries, or additional costs.

Once your order has been shipped, we will provide shipment confirmation and, where available, tracking information. Please monitor the shipment and contact us if you become aware of a delivery problem.

If your order arrives damaged or defective, contains missing items, or is incorrect, please contact support@earthlayers.com within 7 calendar days of the carrier-recorded delivery date.

Your claim must include:

• your order number;

• clear photographs of the affected product, where applicable;

• photographs of the exterior shipping box;

• photographs of the interior packaging and protective materials; and

• a clear photograph of the shipping label.

We may request additional information reasonably necessary to investigate your claim.

Do not discard the affected product, shipping box, or packaging materials until your claim has been reviewed. Claims and any replacement, refund, or other resolution will be handled in accordance with our Return and Refund Policy and applicable law.

Title to and risk of loss for the products pass to you upon delivery to the shipping address provided in your order, subject to applicable law.

SECTION 7 — INTELLECTUAL PROPERTY

All content available through the Services, including text, product descriptions, photographs, images, graphics, logos, icons, videos, illustrations, product designs, collection names, trademarks, website design, page layouts, and other materials, collectively referred to as the “Content,” is owned by or licensed to Earthlayers and is protected by applicable copyright, trademark, and other intellectual property laws.

The Services and the Content are provided solely for your personal, non-commercial use. Except as expressly permitted by these Terms, applicable law, or our prior written permission, you may not:

• reproduce, copy, distribute, publish, display, modify, adapt, translate, create derivative works from, or otherwise exploit any Content;

• use our photographs, videos, product descriptions, graphics, or other Content for commercial purposes;

• remove or alter any copyright, trademark, or other proprietary notices;

• use automated tools, including bots, crawlers, data-scraping tools, or similar technologies, to collect, reproduce, or extract Content without authorization; or

• use any Content in a manner that may create confusion regarding the source, sponsorship, or affiliation of any products or services.

The Earthlayers name, logo, branding, product names, collection names, designs, and slogans are trademarks or other proprietary assets of Earthlayers or its licensors. You may not use them without our prior written permission, except as permitted by applicable law.

Nothing contained in the Services or these Terms grants you any ownership interest in, or license to use, any of our intellectual property except as expressly provided herein. All rights not expressly granted are reserved.

Unauthorized use of the Services or any Content may violate copyright, trademark, or other applicable laws and may result in legal action.

SECTION 8 — THIRD-PARTY SERVICES AND LINKS

The Services may include links to third-party websites, applications, products, services, or other resources, or may provide access to features operated by third-party providers, such as payment processors, customer support platforms, product review services, or social media platforms. These third-party services and websites are not owned or controlled by Earthlayers.

Your use of any third-party website, service, or feature is subject to the applicable third party’s own terms, conditions, and privacy policies. Earthlayers does not control and is not responsible for the availability, content, accuracy, security, products, services, or practices of any third-party website or service.

To the fullest extent permitted by applicable law, Earthlayers shall not be liable for any loss, damage, or claim arising from your use of, reliance on, or transactions with an independent third-party website, product, or service. This does not exclude any responsibility that Earthlayers cannot lawfully exclude.

From time to time, we may introduce new features, functionality, products, or services through the Services. Unless otherwise stated, such additions will also be governed by these Terms.

SECTION 9 — PRIVACY

Our Privacy Policy explains how we collect, use, store, disclose, and protect personal information in connection with the Services.

Earthlayers operates its online store using Shopify’s e-commerce platform. As part of providing the Services, certain personal information may be processed by Shopify and other service providers, as described in our Privacy Policy and their applicable privacy notices.

Please review our Privacy Policy before submitting personal information through the Services.

SECTION 10 — FEEDBACK, REVIEWS, AND USER CONTENT

If you submit reviews, ratings, comments, photographs, videos, suggestions, ideas, testimonials, or other content to Earthlayers for publication or use in connection with the Services, collectively referred to as “User Content,” you grant Earthlayers a worldwide, non-exclusive, transferable, sublicensable, royalty-free license to use, reproduce, adapt, publish, distribute, and display that User Content for lawful business purposes related to the Services, including product reviews, marketing, advertising, and product development, subject to applicable law.

This license does not transfer ownership of your User Content to Earthlayers. Personal information and private customer-service communications remain subject to our Privacy Policy.

You represent and warrant that:

• you own or have all necessary rights to submit the User Content and grant the rights described in this Section;

• your User Content does not infringe the intellectual property, privacy, publicity, or other rights of any third party;

• your User Content is accurate to the best of your knowledge; and

• your submission complies with these Terms and applicable law.

Unless separately agreed, we are not required to compensate you for User Content or respond to suggestions or ideas.

We reserve the right to review, refuse, remove, or moderate User Content that we reasonably believe violates these Terms, infringes the rights of others, is fraudulent, unlawful, abusive, misleading, or otherwise inappropriate. We do not prohibit honest reviews solely because they are negative.

Tagging Earthlayers or using a branded hashtag does not by itself grant us permission to reproduce your photographs or videos. Where permission is needed, we will request it before featuring that content on our website, social media channels, or other marketing materials.

You remain responsible for the User Content you submit. Earthlayers assumes no responsibility for User Content submitted by you or any third party, except to the extent required by applicable law.

SECTION 11 — ERRORS, INACCURACIES, AND OMISSIONS

We strive to ensure that information provided through the Services is accurate and up to date. However, the Services may occasionally contain typographical errors, inaccuracies, or omissions relating to product descriptions, specifications, dimensions, pricing, promotions, availability, shipping charges, estimated delivery times, or other information.

We reserve the right to correct such errors, inaccuracies, or omissions and to update information.

If an error affects an order that has already been placed, we will contact you where appropriate. We may refuse or cancel an affected order where permitted by applicable law. Any material change to an accepted order, including an increase in the amount charged, requires your agreement.

If payment has already been collected for an order that is canceled due to an error, we will refund the affected amount to the original payment method in accordance with our Return and Refund Policy and applicable law.

Corrections do not limit any rights or remedies that cannot lawfully be excluded.

SECTION 12 — PROHIBITED USES AND AUTOMATED ACCESS

You may access and use the Services only for lawful purposes and in accordance with these Terms.

You may not access, use, or attempt to use the Services, directly or indirectly:

1. For any unlawful, fraudulent, deceptive, abusive, or malicious purpose.

2. To violate any applicable law, regulation, rule, or ordinance.

3. To place fraudulent orders, use an unauthorized payment method, submit a knowingly false payment dispute or chargeback, manipulate promotions or discounts, or otherwise engage in fraudulent transaction activity.

4. To infringe, misappropriate, or violate the intellectual property, privacy, publicity, contractual, or other rights of Earthlayers or any third party.

5. To harass, threaten, abuse, defame, intimidate, impersonate, or harm any person, including our customers, employees, contractors, or service providers.

6. To submit, publish, upload, or transmit false, misleading, fraudulent, defamatory, unlawful, abusive, obscene, or otherwise inappropriate information or content.

7. To send or facilitate unsolicited advertising, spam, chain letters, phishing communications, or similar solicitations.

8. To upload, introduce, transmit, or distribute viruses, malware, malicious code, or other technology intended to damage, disrupt, monitor, interfere with, or gain unauthorized access to the Services or any related system.

9. To collect, track, harvest, or obtain personal information about another person without lawful authority or consent.

10. To reproduce, duplicate, copy, extract, sell, resell, commercially exploit, or otherwise misuse any portion of the Services or Content except as permitted by these Terms, applicable law, or our written authorization.

11. To use a robot, spider, crawler, scraper, data-mining tool, artificial-intelligence agent, automated system, or similar process to access, monitor, copy, collect, extract, reproduce, or use the Services or Content without authorization.

12. To use the Services or Content for the development, testing, or training of an artificial-intelligence model or system without our prior written permission, except where applicable law permits such use.

13. To conceal or misrepresent the automated nature, identity, source, or purpose of automated access.

14. To interfere with, overload, disrupt, reverse engineer, disable, damage, or impair the proper operation, functionality, or security of the Services.

15. To bypass account controls, security measures, access restrictions, rate limits, CAPTCHAs, robot-exclusion instructions, checkout protections, or other technical measures used to protect or control access to the Services.

16. To engage in conduct that restricts another person’s lawful use of the Services, harms Earthlayers or its customers, or exposes another person to legal, financial, operational, or security risk.

Automated Access and Agents

For purposes of these Terms, an “Agent” means software, an automated system, an artificial-intelligence tool, or a service that accesses or interacts with the Services or takes actions on behalf of a person or entity with limited or no direct human supervision.

An Agent may access or interact with the Services only to the extent authorized by Earthlayers, including through approved sales channels, integrations, application programming interfaces, search-engine access, or other services that we have enabled or approved. Authorization may be limited, modified, suspended, or withdrawn, subject to applicable law.

Any authorized Agent must:

1. Accurately identify itself using any technical method reasonably required by Earthlayers.

2. Comply with these Terms, applicable laws, published technical instructions, authentication requirements, rate limits, and access restrictions.

3. Not conceal its automated nature, impersonate a human user, or provide false or misleading information.

4. Not bypass security measures, CAPTCHAs, checkout protections, access controls, or other technical restrictions.

5. Not manipulate pricing, discounts, promotions, inventory, product availability, reviews, accounts, payment systems, or order processes.

6. Not place an order, provide instructions, or submit payment information without valid authority from the person or entity on whose behalf it acts.

You are responsible for the actions of any Agent that you authorize to act on your behalf, including orders, instructions, information, and payment details submitted through that Agent, subject to applicable law.

We reserve the right, where permitted by applicable law, to monitor, restrict, block, suspend, or terminate access to the Services; suspend or terminate an account; refuse or cancel affected orders or transactions; and take other reasonable action if we determine or reasonably suspect that these Terms have been violated or that fraudulent, unauthorized, harmful, or suspicious activity has occurred.

A violation of this Section may result in legal action or referral to the appropriate authorities where warranted.

SECTION 13 — TERMINATION

We reserve the right, without prior notice where permitted by applicable law, to restrict, suspend, or terminate your account or access to all or part of the Services if we determine or reasonably suspect that you have:

1. Violated these Terms or a policy incorporated into them.

2. Engaged in fraudulent, unlawful, abusive, or harmful activity.

3. Used an unauthorized payment method, submitted a knowingly false chargeback or payment dispute, or failed to pay an amount properly due.

4. Interfered with the security, functionality, or proper operation of the Services.

5. Infringed the rights of Earthlayers or a third party.

6. Created a legal, financial, operational, or security risk for Earthlayers, our customers, or our service providers.

We may also modify, suspend, discontinue, or terminate all or part of the Services, subject to applicable law and our obligations concerning existing orders.

Upon termination, your right to access or use the affected Services will cease. Termination does not affect rights, remedies, liabilities, or obligations that arose before its effective date. You remain responsible for amounts properly due in connection with orders, transactions, or activities occurring before termination.

Outstanding orders will be handled in accordance with these Terms and applicable law. If we cancel a paid order, any refund due will be handled in accordance with our Return and Refund Policy.

The provisions relating to payment obligations, intellectual property, User Content, prohibited uses, warranties, liability, indemnification, severability, waiver, assignment, governing law, and any other provisions that by their nature should survive termination will remain in effect.

Our collection, use, retention, and deletion of personal information following termination will continue to be governed by our Privacy Policy and applicable law.

SECTION 14 — DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

Disclaimer of Warranties

Information and content made available through the Services are provided for general informational purposes. Although we make reasonable efforts to keep information accurate and current, we do not guarantee that it will always be complete, accurate, reliable, current, or free from errors. Product descriptions, specifications, pricing, availability, and order-related errors are addressed in the applicable sections of these Terms.

To the fullest extent permitted by applicable law, and except for any express warranty or remedy specifically provided by Earthlayers in writing, the Services and products made available through the Services are provided on an “as is” and “as available” basis.

Earthlayers disclaims warranties, representations, and conditions not expressly provided by Earthlayers, whether express, implied, or statutory, including implied warranties of merchantability, merchantable quality, fitness for a particular purpose, title, and non-infringement, to the fullest extent permitted by applicable law.

We do not warrant that the Services will always be uninterrupted, timely, secure, error-free, or free from viruses or other harmful components, or that every defect or interruption will be corrected.

Except where required by applicable law, any warranty or remedy offered by Earthlayers does not cover damage resulting from misuse, abuse, accidents, impact, improper handling or storage, failure to follow product-care instructions, exposure to sudden or extreme temperature changes, unauthorized alteration, ordinary wear and tear, or use for a purpose for which the product was not designed.

Natural variations in color, glaze pattern, texture, speckling, shape, dimensions, and finish are addressed in Section 2 and generally are not considered defects.

Nothing in these Terms excludes, restricts, or modifies any warranty, right, remedy, or liability that cannot lawfully be excluded, restricted, or modified. Some jurisdictions do not permit certain warranty exclusions, so some or all of these exclusions may not apply to you.

Limitation of Liability

To the fullest extent permitted by applicable law, Earthlayers and its affiliates, owners, directors, officers, employees, agents, contractors, licensors, and service providers will not be liable for indirect, incidental, special, exemplary, punitive, or consequential loss or damage arising out of or relating to the Services, these Terms, or products purchased through the Services.

This includes loss of profits, revenue, savings, business opportunities, goodwill, data, or use; business interruption; and similar economic or commercial loss, regardless of the legal theory on which the claim is based, even if we were advised that such loss or damage was possible.

To the fullest extent permitted by applicable law, the total aggregate liability of Earthlayers and the parties identified above for claims relating to a product, order, or transaction will not exceed the amount you actually paid to Earthlayers for the product or order giving rise to the claim. If a claim does not relate to a purchase, our total aggregate liability will not exceed US$100.

Multiple claims arising from the same or related circumstances will not increase the applicable liability limit.

Subject to applicable law, Earthlayers is not responsible for losses caused by:

1. Your misuse, abuse, improper handling, storage, alteration, or use of a product contrary to its intended purpose or applicable care instructions.

2. Incorrect, incomplete, or unauthorized information provided by you.

3. Acts, omissions, delays, interruptions, or failures of independent third-party services outside our reasonable control.

4. Unauthorized access to your account resulting from your failure to protect your login credentials.

5. Events outside our reasonable control.

These limitations do not limit:

1. Any refund, replacement, or other remedy expressly provided under our Return and Refund Policy.

2. Liability resulting from fraud, willful misconduct, or gross negligence to the extent such liability cannot lawfully be limited.

3. Liability for death or personal injury to the extent it cannot lawfully be excluded or limited.

4. Any consumer right, remedy, or liability that cannot be excluded, restricted, or modified under applicable law.

Some jurisdictions do not permit certain exclusions or limitations of liability. In those jurisdictions, these provisions apply only to the fullest extent permitted by applicable law.

SECTION 15 — INDEMNIFICATION

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Earthlayers and its affiliates, owners, directors, officers, employees, agents, contractors, licensors, and service providers from third-party claims, demands, actions, proceedings, liabilities, damages, judgments, settlements, losses, costs, and expenses, including reasonable attorneys’ fees, arising from:

1. Your breach of these Terms or a policy incorporated into them.

2. Your violation of applicable law or the rights of another person or entity.

3. User Content, information, or materials you provide through the Services in violation of these Terms or another person’s rights.

4. Your fraudulent, unauthorized, unlawful, abusive, or otherwise prohibited use of the Services.

5. Actions of an Agent or other person you authorize to access or use the Services on your behalf.

Your indemnification obligations apply only to the extent that the claim, loss, or expense arises from your conduct. They do not require you to indemnify Earthlayers for Earthlayers’ own fraud, willful misconduct, gross negligence, or liability that cannot lawfully be transferred or limited.

We will provide reasonably prompt notice of a claim subject to indemnification. A delay in providing notice will relieve you of your obligations only to the extent that the delay materially prejudices your ability to defend the claim.

Earthlayers may, at your expense to the extent covered by this Section, control the defense and settlement of an indemnified claim, including the selection of legal counsel. You agree to reasonably cooperate by providing relevant information and documents.

We will not agree to a settlement that imposes a material non-monetary obligation on you or requires you to admit wrongdoing without your consent, which may not be unreasonably withheld or delayed.

You may not settle an indemnified claim in a manner that admits liability by Earthlayers, imposes an obligation on Earthlayers, or affects Earthlayers’ rights without our prior written consent.

SECTION 16 — MISCELLANEOUS

Severability

If a provision of these Terms is determined to be unlawful, invalid, or unenforceable, it will be modified and enforced to the fullest extent permitted by applicable law. If it cannot be modified in an enforceable manner, the affected provision or portion will be severed. The remaining provisions will continue in full force and effect.

Waiver

Our failure or delay in exercising or enforcing a right, remedy, or provision of these Terms does not constitute a waiver.

Any waiver by Earthlayers must be expressly made in writing and applies only to the specific circumstances for which it was given. A waiver on one occasion does not constitute a waiver on a future occasion.

Entire Agreement

These Terms, together with our Privacy Policy, Return and Refund Policy, Shipping Policy, and other policies or additional terms expressly incorporated by reference, constitute the entire agreement between you and Earthlayers concerning your access to and use of the Services.

These Terms supersede prior or contemporaneous communications, representations, proposals, or agreements concerning the same subject matter, whether oral or written, except for rights and representations that cannot lawfully be excluded.

Additional terms presented in connection with a particular product, preorder, promotion, offer, or transaction also apply to that matter. If those specific terms conflict with these Terms, the specific terms govern with respect to the applicable matter, subject to applicable law.

Assignment

You may not assign, delegate, or transfer these Terms or your rights or obligations under them without our prior written consent. An attempted assignment or transfer in violation of this provision will be void to the extent permitted by applicable law.

Earthlayers may assign or transfer these Terms and its rights or obligations to an affiliate or in connection with a merger, acquisition, corporate reorganization, financing transaction, sale of assets, change of control, or similar business transaction, subject to applicable law.

Headings

Section titles and headings are included for convenience only and do not affect the meaning or interpretation of these Terms.

SECTION 17 — GOVERNING LAW AND JURISDICTION

Earthlayers is operated by GIZMO PRIVATE LIMITED, a company incorporated in the Hong Kong Special Administrative Region.

These Terms and disputes arising out of or relating to these Terms, the Services, or transactions with Earthlayers will be governed by and construed in accordance with the laws of the State of California and applicable federal laws of the United States, without regard to conflict-of-laws principles that would result in the application of another jurisdiction’s laws.

To the fullest extent permitted by applicable law, legal actions or proceedings arising out of or relating to these Terms, the Services, or transactions with Earthlayers will be brought in the appropriate state or federal courts located in the State of California. You and Earthlayers consent to personal jurisdiction and venue in those courts.

Nothing in these Terms excludes, restricts, or limits a consumer right or remedy that cannot lawfully be excluded, restricted, or limited. This choice of law does not deprive you of mandatory consumer protections that apply under the laws of your place of residence.

A consumer may bring a claim in another jurisdiction where applicable law requires that jurisdiction to remain available. Either party may also bring an eligible individual claim in a court of competent small claims jurisdiction.

SECTION 18 — CHANGES TO THESE TERMS

We may update or modify these Terms from time to time. The current version will be posted on this page together with its effective or “Last updated” date.

Where required by applicable law, we will provide notice of material changes by email, through a prominent notice on the Services, or by another reasonable method.

Unless otherwise stated, changes take effect on the date specified in the updated Terms and apply prospectively. The Terms in effect when you place an order will continue to govern that order unless a change is required by applicable law or expressly agreed to by you.

Your continued access to or use of the Services after the effective date of updated Terms constitutes acceptance of those changes to the extent permitted by applicable law. If you do not agree to the updated Terms, you must stop accessing and using the Services. This does not affect rights or obligations relating to an existing order.

SECTION 19 — CONTACT INFORMATION

Questions about these Terms should be sent to:

Earthlayers
Email: support@earthlayers.com
Telephone: +1 929 242 8734
Business Hours: 9:00 AM–6:00 PM on business days (Monday–Friday).

Legal business name: GIZMO PRIVATE LIMITED
Business address: UNIT 4119 4/F POLY CENTRE 15 YIP FUNG ST.Fanling 000000, New Territories HK

The business address above is not the return-shipping address. Please contact our customer support team for return authorization and follow the instructions in our Return and Refund Policy before sending any products back.