Welcome to Earth Mart website and our applications (each of our “Services”). This page (together with the documents referred to on it) states the terms and conditions on which our business supply any of the flowers listed on our site to you.
Please read this carefully. By using or submitting an order (and any subsequent orders) on this web site you are agreeing to the terms that appear below.
You agree to purchase services and goods from Earth Mart subject to these Terms and Conditions which will apply to all transactions using earthmart.co.
Your email address is essential in order for us to be able to supply you with important information such as Order Confirmations, and changes to the service. By registering with Earthmart.co, you accept that your email address may be used to supply you with such information. By purchasing goods through earthmart.co you agree both to our Terms and Conditions and to receiving email marketing communications from Earth Mart. You can opt-out of email marketing communications from Earth Mart at any time.
If you have any questions relating to these terms and conditions please contact through email address ‘email@example.com’ before you place an order. If you do not accept these terms and conditions in full please do not use our Service.
Earthmart.co is a website operated by Earth Mart Company Limited (“we” or “us” or “Earth Mart”), incorporated and registered in Thailand, our registered office is at 69 Moo 4 Petkaseam Road, Omnoi, Kratumbaan Samutsakorn. The Company registration number is 0745562010023 and is registered in VAT. Earth Mart provides all things related to flowers and other relevant products and flower delivery business.
- PURCHASE CONTRACT
1.1 This web site is operated by Earth Mart Co., Ltd. ("we", "us" or "our"). By using the earthmart.co website you are bound by these terms and conditions. All use and purchases made on this web site are governed by these Terms and Conditions at any time although the Terms and Conditions governing any given use or purchase will be those in effect at the date of your order or specific use. If you use or order goods after we have published any changes you will be bound by those changes. Accordingly, you should check prior to each or use order to ensure that you understand the precise terms and conditions applicable to your site visit or purchase. To assist you in determining whether the Terms and Conditions have changed since your most recent order we will display the date and time when these Terms and Conditions were most recently updated.
1.2 We will confirm acceptance of your order. This will occur either by message on the website immediately after you have confirmed your order, or by us sending an e-mail to the e-mail address you have provided to us. We may do both, in which case the acceptance will occur on whichever arrives sooner of the web message and the e-mail. At this point the purchase contract will be made and we will supply the goods to you in accordance with your order and these Terms and Conditions.
- PRICE AND DELIVERY CHARGES
2.1a With the exception of goods referred to in clause 2.1(b), the price of the goods will be as quoted on the web site at the time you confirm your order subject only to any inadvertent technical error for which we will not be liable. If you subsequently amend your order to add items, the prices charged will be those applicable to the new item(s) at the time that the amended order is confirmed. Please note that as promotions are offered for a limited period of time subsequent amendments to your order may mean that certain promotions are no longer being offered.
2.1b Where items are ordered and sold individually by weight (such as certain fresh meat, poultry, fish, cheese or fruit and vegetables) the price of these items (expressed per kilogram or other appropriate unit of measurement) will be the price on the date that they are weighed. Although we have an indicative weight guide on the website, this is merely to assist your planning and the price you will be charged is the price for the actual weight you receive. In the event that there is a change in the price/kg between the time your order is made and the time the item is weighed and priced by the supplier, the price you will be charged will be the price at the time the item is weighed.
2.2 Where applicable, prices include Value Added Tax.
2.3 Each order you make may include a charge for delivery. If your delivery is subject to a delivery charge, it will be shown to you as a separate charge on the delivery confirmation page before you confirm your order. Any delivery charge added to your order will be dependant upon, amongst other things, the value of your order, the date and time of your delivery and your delivery address and charges may vary from week to week.
2.4 If your order weighs more than 30kg then we reserve the right to contact you with a bespoke delivery charge.
2.5 Prices are liable to change at any time without prior notice, but changes will not affect orders in respect of which you have been presented with the Confirmation Email
2.6 In the case of an obvious pricing mistake, whereby we will notify you as soon as we can about the pricing issue. You may be able to cancel your order once we notify you.
2.7 Despite our best efforts, some of the services listed on our Service may sometimes be incorrectly priced. We will verify prices again as part of the order process.
2.10 We are authorized by any third parties to accept payment on their behalf and payment of the price of any service or product to us will discharge your obligations to pay such price to the third party.
2.11 When we make a delivery, we may at our sole discretion charge you a payment processing fee which will be notified to you before you complete your order.
3 METHODS OF PAYMENT
3.1 Payment may be made by debit or credit card / Paypal / Direct Bank Transfer through our Service. On occasion we may issue vouchers or "money off" coupons which will be accepted towards payment of an order. You cannot pay for your order by cash or cheque.
3.2 Once your order has been confirmed your credit or debit card / Paypal will have been authorized and the amount marked for payment on the date on which your order is placed.
3.3 We are authorized by any third parties to accept payment on their behalf and payment of the price of any service or product to us will discharge your obligations to pay such price to the third party.
3.4 When we make a delivery, we may at our sole discretion charge you a payment processing fee which will be notified to you before you complete your order.
4.1 Delivery charges depends on the distance and weight. Delivery will be made to the address specified by you during the order process on the website. You have the ability to change this address with each order through the website, and you must do so if you move home so that we can deliver to the correct address. We reserve the right to restrict deliveries in certain areas, and this includes the right to eliminate certain areas from our delivery schedule altogether.
4.2 Products are subject to availability and prevailing market conditions. We may limit the quantities of goods (particularly goods on special offer) supplied to any one customer if in our opinion the quantity ordered jeopardises availability for other customers.
4.3 We will always try to supply you with the full quantity that you have ordered. If you are not satisfied with the quantity you have received we will arrange with you for non-perishable goods to be returned to us (please note that the goods must not be used and must be in good condition). In the event that the goods delivered to you are incomplete or include incorrect goods, you must notify us promptly. You will not be charged for any incorrect goods or goods which you have not received. In any event, subject to clause 7.1 below, our liability will be limited to the price of the goods not delivered or incorrectly delivered and the cost of delivery.
4.4 All of our deliveries require a signature on receipt. It is your responsibility to ensure that an appropriate person is available at the delivery address on the delivery day. An appropriate person must sign for all goods on delivery. If no one is at the address when the delivery is attempted the goods will be retained by us. We will leave notification of delivery and you will have the option to rearrange delivery or collect your order from the local Post Office sorting centre as noted on the delivery card.
4.5 Please note adverse weather conditions or other events outside of our reasonable control may result in the occasional late or cancelled delivery. If that is the case we will endeavour to contact you as soon as we are able to in order to reschedule your delivery time and date. In any event, subject to clause 7.1 below, our liability to you will be limited to the price of goods not delivered and the cost of delivery.
4.6 We will ordinarily only make deliveries when an appropriate person is able to receive the delivery. In the event that you instruct us to leave a delivery unattended at your address we expressly disclaim all liability which may arise by virtue of the delivery being left unattended for a period of time. This includes but is not limited to theft, tampering, contamination and the result of any change in temperature.
4.7 We will do our best to deliver goods promptly, however, we can not accept liability for delay in delivery for any cause.
- DEFECTIVE GOODS
5.1 We guarantee the quality of our goods. You must inspect the goods and notify us promptly in writing or by phone of any dissatisfaction with your order. We will promptly and fully refund the price of any goods that do not meet with your reasonable satisfaction or arrange for the delivery of replacement goods, provided that you notify us within 14 days of delivery of the goods. We will arrange with you for the goods to be returned to us.
5.2 Subject to clause 7.1 below, we will not accept any further claims for loss from or in connection with the supply of faulty goods, whether direct, indirect, consequential or otherwise, howsoever arising.
- AMENDMENT OF ORDERS, CANCELLATION RIGHTS AND REFUND
6.1 Unless otherwise notified to you in the confirmation e-mail it is not possible to amend your order after it has placed.
6.2 In respect of non-perishable items, you have the right to cancel the contract at any time until the expiry of the 7th working day after the date of delivery of the goods by notifying us by telephone or e-mail. In the case of perishable items you do not have the right to cancel the contract. Should you wish to cancel your order after placing the order but prior to the time of delivery, we shall be entitled to charge you in full for an amount equal to the price of the perishable items contained in your order.
6.3 We will arrange with you for cancelled non-perishable goods to be returned to us, and we will credit your payment card with the price of such goods within a reasonable period from the day on which cancellation was given (provided payment has already been debited to your payment card).
6.4 Should you cancel your order before it become a Started Order, we will refund your order. If you are unhappy with your order upon reception we may over to replace or refund your order, however we do ask that you let us know with an hour of receiving the order and other related information. Given we cannot control the environment where any perishable orders may be place once delivered, therefore beyond this time scale, we cannot give refunds. Where there is a query regarding a refund Earthmart will seek to review each situation and try and find an amicable solution. However, our decision on such matters will be final.
- EVENTS OUTSIDE OUR CONTROL
7.1 No party shall be liable to the other for any delay or non-performance of its obligations under this Agreement arising from any cause beyond its control including, without limitation, any of the following: governmental act, war, fire, flood, explosion or civil commotion. For the avoidance of doubt, nothing in clause 11 shall excuse the Customer from any payment obligations under this Agreement.
8.2 At the time of your registration you will set a password. Please keep this secret, as you are entirely responsible if you do not maintain the confidentiality of your password. You are entirely responsible for all orders placed with us or information given to us under your e-mail address in combination with your password. You must immediately notify us of any unauthorised use of your e-mail address and/or password or any breach of security known to you.
- CUSTOMER COMPLAINTS
9.1 Any Customer complaints should be addressed to Earth Mart Customer Services – you will find an e-mail link or address and telephone numbers listed on our website in the "Contact" section.
11.1 If any of these Terms and Conditions is held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining Terms and Conditions which will continue to be valid and enforceable to the fullest extent permitted by law.
11.2 All copyright, trademarks and all other intellectual property rights in all material or content supplied as part of this website shall remain at all times vested in us or our licensors. You are permitted to use the material data and content only for your personal use in placing orders through earthmart.co, and you may not otherwise copy, reproduce, transmit, publish, display, distribute, commercially exploit, use or create derivative works of any material data and content on the earthmart.co website without Earth Mart’s prior written permission. Earth Mart may impose a fee on any proposed use of the material data and content contained on its website, other than for placing orders through the Earthmart.co website.
11.3 While every care has been taken to ensure the product information shown on the website is correct, food products are constantly being reformulated and nutrition content may change. We would therefore recommend that you do not rely solely on this information and always check products labels.
11.4 All product images used on our web site are only representative of goods on offer. Actual goods may not be exactly the same size, design or packaging. In the event that you are not happy with any goods received, you have the right to cancel your order, return the goods in good condition to us within 15 days and receive a full refund of the purchase price paid.
11.5 Where further dietary information is important to you, for example because you have an allergy or specific dietary requirement, you should contact Earth Mart or the manufacturer to be sure it matches your requirements.
11.6 Although product information is regularly updated, Earth Mart are unable to accept liability for any incorrect information.
- ENTIRE AGREEMENT
These terms contain the whole agreement between the parties relating to its subject matter and supersede all prior agreements, arrangements and understandings between the parties relating to that subject matter.
- OUR RIGHT TO VARY THESE TERMS AND CONDITIONS