Terms of service
OVERVIEW
Welcome to Earthlayers. The terms “we,” “us,” and “our” refer to Earthlayers. Earthlayers is a brand operated by GIZMO PRIVATE LIMITED 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 or linked 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 and our Privacy Policy. If you do not agree to these Terms of Service or our Privacy Policy, you must not access or use the Services.
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, province, or country 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
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.
Earthlayers stoneware is designed with 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.
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, subject to applicable law.
Please review your order carefully before submitting it. Requests to modify or cancel an order are not guaranteed once processing has begun. Any cancellation rights and procedures are described in our Return and Refund Policy or other applicable 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 preorder before they are available for immediate shipment. Products available for preorder will be clearly identified on the applicable product page, together with an estimated shipping or fulfillment timeframe.
By placing a preorder, you acknowledge that the product is not ready for immediate shipment and that any stated shipping, fulfillment, or availability date is an estimate rather than a guaranteed delivery date. Estimated timeframes may change due to production schedules, quality-control reviews, inventory availability, transportation delays, customs processing, or other circumstances outside our reasonable control.
Unless otherwise stated at checkout, payment for a preorder may be authorized or collected when the order is placed. Any applicable discounts, promotional terms, taxes, and shipping charges will be shown at checkout.
If we reasonably expect that a preorder will not ship within the timeframe originally stated, we will notify you using the contact information provided with your order and provide an updated estimated shipping timeframe. Where required by applicable law, you may choose to accept the delay or cancel the affected preorder for a refund.
Requests to cancel a preorder before shipment will be handled in accordance with our Return and Refund Policy and any cancellation terms disclosed on the product page or at checkout. Once a preorder has entered processing or has shipped, it may no longer be eligible for cancellation.
If a preorder contains both preorder products and products that are available for immediate shipment, the order may be shipped together when all products are available or in separate shipments, depending on the shipping option presented at checkout and our fulfillment process. Additional shipping charges, if any, will be disclosed before the order is submitted.
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 product using the original payment method, subject to 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.
Unless otherwise stated, product prices may not include applicable taxes, shipping charges, handling fees, customs duties, import taxes, or other charges. Any amounts collected by us will be displayed at checkout before you submit your order. For international orders, you may be responsible for duties, taxes, customs fees, or other charges imposed by the destination country unless we expressly state that those charges are included.
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. A payment authorization or charge does not by itself guarantee that an order has been accepted. Order acceptance is governed by Section 3 of these Terms.
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.
You are responsible for reviewing all prices, discounts, shipping charges, taxes, and other amounts shown at checkout before submitting your order.
SECTION 6 — SHIPPING AND DELIVERY
We will make reasonable efforts to process and ship your order as promptly as possible. Any processing times, shipping estimates, or delivery dates provided through the Services are estimates only and are not guaranteed unless expressly stated otherwise.
Delivery times may be affected by circumstances beyond our reasonable control, including but not limited to carrier delays, weather conditions, customs inspections, inventory availability, production schedules, labor disruptions, or other unforeseen events. Earthlayers is not responsible for delays caused by third-party shipping carriers or events outside our reasonable control.
Shipping charges, available shipping methods, and estimated delivery timeframes will be presented during checkout. You are responsible for providing complete and accurate shipping information. We are not responsible for delays, failed deliveries, or additional costs resulting from incorrect or incomplete shipping information provided by you.
Once your order has been shipped, we will provide shipment confirmation and, where available, tracking information. It is your responsibility to monitor the shipment and ensure delivery can be completed successfully.
If your order arrives damaged, contains missing items, or is incorrect, you must notify us within 48 hours of the recorded delivery date. Claims submitted after this period may be denied at Earthlayers' sole discretion unless otherwise required by applicable law.
To process a damage claim, you must provide:
● Photographs of the damaged product(s);
● Photographs of the original shipping box and all packaging materials;
● A photograph of the shipping label; and
● Any additional information reasonably requested by Earthlayers to investigate the claim.
Do not discard the damaged product or its original packaging until your claim has been reviewed, as additional information may be required to process your request or to submit a claim with the shipping carrier.
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 but not limited to text, product descriptions, photographs, images, graphics, logos, icons, videos, illustrations, product designs, collection names, trademarks, website design, page layouts, and other materials (collectively, 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 or with 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 from the Services; 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.
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 by Earthlayers.
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 provided for your convenience and 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 or relating to your use of, reliance on, or transactions with any third-party website, product, or service.
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
Your use of the Services is also governed by our Privacy Policy, which explains how we collect, use, store, disclose, and protect your personal information.
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 trusted service providers on our behalf, in accordance with our Privacy Policy and their applicable privacy practices.
By using the Services, you acknowledge that you have read our Privacy Policy.
SECTION 10 — FEEDBACK, REVIEWS, AND USER CONTENT
If you submit or share any reviews, ratings, comments, photographs, videos, suggestions, ideas, testimonials, or other content with Earthlayers through the Services, email, social media, or any other communication channel (collectively, "User Content"), you grant Earthlayers a worldwide, perpetual, irrevocable, non-exclusive, transferable, sublicensable, royalty-free license to use, reproduce, modify, adapt, publish, distribute, display, and otherwise use such User Content for any lawful business purpose, including marketing, advertising, product development, and the operation of the Services, without further notice or compensation to you, unless prohibited by applicable law.
You represent and warrant that:
● You own or have all necessary rights to submit the User Content.
● 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.
● Your submission complies with these Terms and all applicable laws.
We are under no obligation to keep User Content confidential, respond to any submission, or provide compensation for any User Content.
We reserve the right, but have no obligation, to review, refuse, remove, or moderate any User Content that we reasonably believe violates these Terms, infringes the rights of others, is fraudulent, unlawful, abusive, misleading, or otherwise inappropriate.
If you tag Earthlayers or use our branded hashtags on social media, we may contact you to request permission before featuring your content through our website, social media channels, or other marketing materials where we determine it is appropriate or where required by applicable law. Requesting permission is a courtesy and does not limit any rights you grant to Earthlayers under this Section.
You remain solely responsible for the User Content you submit, and Earthlayers assumes no responsibility or liability for any User Content submitted by you or any third party.
SECTION 11 — ERRORS, INACCURACIES, AND OMISSIONS
We strive to ensure that all information provided through the Services is accurate and up to date. However, from time to time, the Services may 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 any such errors, inaccuracies, or omissions at any time and to update or modify information without prior notice.
If an error affects an order that has already been placed, we reserve the right to refuse, cancel, or modify the affected order where reasonably necessary. If payment has already been collected for an order that is canceled due to such an error, we will issue a refund for the affected amount using the original payment method.
The correction of an obvious error or omission shall not be considered a breach of these Terms.
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 international, federal, state, provincial, territorial, or local 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, promotional messages, spam, chain letters, phishing communications, or similar solicitations;
8. to upload, introduce, transmit, or distribute viruses, malware, malicious code, or any 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, download, extract, sell, resell, commercially exploit, or otherwise misuse any portion of the Services or Content except as expressly permitted by these Terms or authorized by Earthlayers in writing;
11. to use any robot, spider, crawler, scraper, data-mining or extraction tool, artificial-intelligence agent, automated system, or similar process to access, monitor, copy, index, collect, extract, reproduce, or use any portion of the Services or Content without our prior 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;
13. to conceal, misrepresent, or fail to disclose the automated nature, identity, source, or purpose of any automated access to the Services;
14. to interfere with, overload, disrupt, reverse engineer, disable, damage, or impair the proper operation, functionality, or security of the Services;
15. to bypass or circumvent 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; or
16. to engage in conduct that restricts or interferes with another person’s lawful use of the Services, harms Earthlayers or its customers, or exposes Earthlayers or any other person to legal, financial, operational, or security risk.
Automated Access and Agents
For purposes of these Terms, an “Agent” means any software, automated system, artificial-intelligence tool, or 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 expressly authorized by Earthlayers, including through approved sales channels, integrations, application programming interfaces, search-engine access, or other services that we have enabled or approved. Any authorization may be limited, modified, suspended, or withdrawn by Earthlayers at any time.
Any authorized Agent must:
1. accurately identify itself using any technical method reasonably required by Earthlayers;
2. comply with these Terms, applicable laws, our 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; and
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, at our sole discretion and without prior notice 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 any other action we reasonably consider necessary 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, at our sole discretion and without prior notice where permitted by applicable law, to restrict, suspend, or terminate your account or your access to all or any part of the Services if we determine or reasonably suspect that you have:
1. violated these Terms or any policy incorporated into them;
2. engaged in fraudulent, unlawful, abusive, harmful, or suspicious activity;
3. used an unauthorized payment method, submitted a knowingly false chargeback or payment dispute, or failed to pay an amount due;
4. interfered with the security, functionality, or proper operation of the Services;
5. infringed the rights of Earthlayers or any third party; or
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 any part of the Services at any time, subject to applicable law.
Upon termination, your right to access or use the affected Services will immediately cease. Termination does not affect any rights, remedies, liabilities, or obligations that arose before the effective date of termination. You remain responsible for all amounts properly due in connection with orders, transactions, or activities occurring before termination.
Any outstanding order may be fulfilled, refused, or canceled in accordance with the Orders, Preorders, Payment, and other applicable sections of these Terms. If we cancel a paid order, any refund due will be handled in accordance with these Terms and our Return and Refund Policy.
The provisions relating to payment obligations, Intellectual Property, Feedback, Reviews and User Content, Prohibited Uses and Automated Access, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver and Entire Agreement, Assignment, Governing Law, and any other provisions that by their nature should survive termination will remain in effect after termination.
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
Information and content made available through the Services are provided for general informational purposes. Although we make reasonable efforts to keep such information accurate and current, we do not guarantee that all information 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 all products made available through the Services are provided on an “as is” and “as available” basis.
Earthlayers disclaims all warranties, representations, and conditions not expressly stated in these Terms or otherwise provided by Earthlayers in writing, 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.
Any warranty, refund, replacement, or other remedy offered by Earthlayers does not apply to damage resulting from misuse, abuse, accidents, impact, improper handling or storage, failure to follow applicable product-care or use instructions, exposure to sudden or extreme temperature changes, unauthorized alteration, ordinary wear and tear, or use of a product for a purpose for which it was not designed, except where otherwise required by applicable law.
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 the exclusion or limitation of certain implied warranties, so some or all of the exclusions above may not apply to you.
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 any indirect, incidental, special, exemplary, punitive, or consequential loss or damage arising out of or relating to the Services, these Terms, or any product purchased through the Services.
This exclusion includes, without limitation, loss of profits, revenue, savings, business opportunities, goodwill, data, or use; business interruption; and any similar economic or commercial loss, regardless of whether the claim is based in contract, warranty, tort, negligence, strict liability, statute, or any other legal theory, 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 all claims arising out of or relating to a product, order, transaction, or use of the Services will not exceed the amount you actually paid to Earthlayers for the product or order giving rise to the claim. If the 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.
Earthlayers is not responsible for losses or damages 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. the acts, omissions, delays, interruptions, or failures of shipping carriers or third-party services outside our reasonable control;
4. unauthorized access to your account resulting from your failure to protect your login credentials; or
5. events outside our reasonable control.
The limitations in this Section 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; or
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, the exclusions and limitations in this Section will 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 and against any third-party claims, demands, actions, proceedings, liabilities, damages, judgments, settlements, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to:
1. your breach of these Terms or any policy incorporated into them;
2. your violation of any applicable law or the rights of another person or entity;
3. any User Content, information, or materials you submit, upload, publish, or otherwise provide through the Services;
4. your fraudulent, unauthorized, unlawful, abusive, or otherwise prohibited use of the Services; or
5. the actions of any 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 applicable claim, loss, or expense arises from your conduct and do not require you to indemnify Earthlayers for Earthlayers’ own fraud, willful misconduct, gross negligence, or any liability that cannot lawfully be transferred or limited.
We will provide you with reasonably prompt notice of any 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, control the defense and settlement of an indemnified claim, including the selection of legal counsel. You agree to reasonably cooperate with the defense, including 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 any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision 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 from these Terms. The remaining provisions will continue in full force and effect.
Waiver
Our failure or delay in exercising or enforcing any right, remedy, or provision of these Terms does not constitute a waiver of that right, remedy, or provision.
Any waiver by Earthlayers must be expressly made in writing and will apply only to the specific circumstances for which it was given. A waiver on one occasion does not constitute a waiver on any future occasion.
Entire Agreement
These Terms, together with our Privacy Policy, Return and Refund Policy, Shipping Policy, and any 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 any prior or contemporaneous communications, representations, proposals, or agreements concerning the same subject matter, whether oral or written.
Any additional terms presented in connection with a particular product, preorder, promotion, offer, or transaction will also apply to that product, preorder, promotion, offer, or transaction. If those specific terms conflict with these Terms, the specific terms will govern with respect to the applicable matter.
Assignment
You may not assign, delegate, or transfer these Terms or any of your rights or obligations under them without our prior written consent. Any 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 under them, without your consent, 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 any dispute arising out of or relating to these Terms, the Services, or any transaction 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 the laws of another jurisdiction.
To the fullest extent permitted by applicable law, any legal action or proceeding arising out of or relating to these Terms, the Services, or any transaction with Earthlayers will be brought in the appropriate state or federal courts located in the State of California. You and Earthlayers consent to the personal jurisdiction of and venue in those courts.
Nothing in these Terms excludes, restricts, or limits any consumer right or remedy that cannot lawfully be excluded, restricted, or limited. 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 reserve the right, at our sole discretion, to update or modify these Terms from time to time. The most 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 will take effect on the date specified in the updated Terms and will apply prospectively. The Terms in effect when you place an order will generally 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 your acceptance of those changes. If you do not agree to the updated Terms, you must stop accessing and using the Services.
This version protects Earthlayers’ ability to update its policies while avoiding the suggestion that new terms can automatically and retroactively change completed purchases. The FTC has specifically warned that quietly changing online terms or prior privacy commitments may be unfair or deceptive.
SECTION 19 — CONTACT INFORMATION
Questions about these Terms should be sent to:
Earthlayers
Email: support@earthlayers.com
Legal business name: GIZMO PRIVATE LIMITED
Business address: Unit 89, 3/F, Yau Lee Centre, 45 Hoi Yuen Rd, Kwun Tong, Kowloon, Hong Kong