1. Information about Earth Sense Recycle Pvt. Ltd. & using our Online Shopping.
1.1 Welcome to our online shopping. This online shopping and the website at www.earthsenseshopping.com (our website) from which it operates, is owned and operated by Earth Sense Recycle Pvt. Ltd. (the ESS or we). For further details about the ESS, please see the end of these terms.
1.2 This page and any documents referred to on it tell you the terms and conditions on which we supply any of the products listed on our website to you (Products). Please read these terms carefully before ordering any Products from our website as, by doing so, you accept these terms and conditions. By using this website you are legally binding contracts with ESS under Indian contract act 1972.
1.3 The Trade Marks, Names, Logos and Service Marks (collectively Trade Mark) displayed on this website are Registered by the website owner Earth Sense Recycle Pvt. Ltd. Nothing contained on this website can be copied, altered by any one of individual, institutions or any other authority without the permission of Earth Sense Recycle Pvt. Ltd.
1.4 You will be needed to click the box marked “Accept” in the course of your purchase from our Online Shop to confirm your acceptance of these terms. If you don’t accept these terms, you will not be able to order any Products from our website.
1.6. Prohibitions – You must not mis-use this website. You will not; commit or encourage a criminal offence transmit or distribute a virus, trojan, warm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offence you or obscene; hack into any of aspect of service, corrupt data, cause annoyance to other users, infringe upon the rights of any other persons proprietary rights, send any unsolicited advertising or promotional material, commonly referred to us spam” or attempt to affect the performance or functionality of any computer facilities or accessed through this website. Breaching this provision would constitute a criminal offence, cyber crime and Earth Sense shopping will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
2. Product details, prices & delivery
2.1 We make every effort to be as accurate as possible in the Product descriptions and prices. However, these may change due to circumstances beyond our control. Please note that prices on our website may vary from those in the other shops and that all items are offered subject to availability at the time of ordering. Please note that some products may be subject to specific terms and conditions. These will be detailed in the individual product description where applicable.
2.2 We regret that we are unable to deliver any of our products other than India or the specific states of India what ever the case may be. Any restrictions of this kind are noted on the relevant webpage in the Product details or in the brouchers.
2.3 If you are under 18 years old, you may purchase Products only with the involvement of your parent or guardian.
3. How the contract is formed between you and us
3.1 After placing an order, you will receive an email from us acknowledging that we have received your order and confirming whether or not we can accept that order. The contract between us (Contract) will be formed when we send you an acknowledgement email which confirms our acceptance of your offer to purchase the Products.
3.2 The Contract will relate only to those Products indicated in the acknowledgement email. We will not be obliged to supply any other Products which may have been part of your order until acceptance of your order for those Products has been confirmed in a separate acknowledgement email
4. Price & payment
4.1 The price of any Products will be as quoted on our website (except in cases of obvious error) and prices include VAT & Taxes, delivery cost.
4.2 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an acknowledgement email.
4.3 Our website contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our website may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our website, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
4.4 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an acknowledgement email, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a mispricing.
4.5 Payment for all Products must be by credit or debit card, net banking which is limited to law of the land. We will charge your credit or debit card before we dispatch your order. However the service charges are limited or not more than 2.5% on the price paid which will be vary on the mode of payment.
4.6 Billing – Cash, credit memo, receipts, invoices shall be raised from the owner of this website Earth Sense Recycle Pvt. Ltd. No one else is legally nominated or franchised other than Earth Sense Recycle Pvt. Ltd..
5.1 We warrant to you that any Product purchased from us through our website is of satisfactory quality and reasonably fit for all the purposes for which products of its kind are commonly supplied. However most of our products are refurbished one and which is carrying a low cost, we will ensure the quality of the products is equal to the broucher or photo is attached in the website.
5.2 Our liability to you (whether in contract, tort (including negligence) or otherwise) is limited to the purchase price of the Product you purchased. However it will be limited on our liability to offer / exchange price mentioned on our price list.
5.3 We will not accept liability for any indirect, special or consequential losses, including (for example) loss of profits, revenue, contracts, data or goodwill.
5.5 Nothing in these terms limits our liability for death or personal injury caused by our negligence or for any other matter for which it would be illegal for us to limit, or attempt to limit, our liability.
6. Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our website, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This section does not affect your statutory rights.
We operate a compliance handling procedure which we will use to try to resolve disputes when they first arise, you are pleased to let us know if you have any such compliance or commence. Please write to us as per the prescribed way we mentioned on our communication part.
All notices given by you to us must be given to the ESRPL at the No.43/1, Besant Avenue Road, Adyar, Chennai or by email to firstname.lastname@example.org. We may give notice to you at either the email or postal address you provide to us when placing an order, or in any of the ways specified in section 10 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
9. Events outside our control
9.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
9.2 A Force Majeure Event includes any act, event, omission or accident beyond our reasonable control and includes (as well as others) such things as: terrorist attack, fire, flood or natural disaster, epidemics, impossibility of the use of means of public or private transport, or public or private telecommunications networks or the threat of any of these things.
9.3 Our obligations to you under any Contract are deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance of our obligations for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
10. Other Matters
10.1 We may transfer, assign, charge, sub-contract or otherwise dispose of any Contract, but you may not do so without our prior written consent.
10.2 If we fail to exercise any of our rights under any Contract, this will not amount to a waiver by us of those rights.
10.3 If any part of these terms or of any Contract is unenforceable, this will not affect the enforceability of any other part.
10.4 We intend to rely upon these terms and any document expressly referred to in them in relation to the subject matter of any Contract.
10.5 These terms, together with any document referred to in these terms, constitute the whole agreement between you and us.
11.2 Any Contract will be subject to the terms in force at the time that you order Products from us, unless any change to these terms is required to be made by law or governmental authority (in which case it may apply to orders previously placed by you).
11.3 Any of our products does not attract the original manufacturer warranty or it does not attract any of the original manufacturers terms & conditions etc. The original manufacturer is no way responsible or liable for the performance of any products.
12. Intellectual Property, Software & Content
The intellectual property right in all software and contents (including photographic images) made available to you on or through this website remains the property of Earth Sense Shopping or Earth Sense Recycle Pvt. Ltd. or its licenses and or protected by copy right laws and treaties around the world. All such rights are reserved by Earth Sense Shopping or Earth Sense Recycle Pvt. Ltd. and its licenses. You are not permitted to publish, manipulate, distribute or otherwise reproduce in any format, any of the contents or copies of content.
13. Law & jurisdiction
These terms and Contracts for the purchase of Products through our website are governed by Indian law. Any dispute over or claims arising from these terms or any Contracts will be subject to the exclusive jurisdiction of the Chennai courts, although we retain the right to bring proceedings against you for breaking these terms or any Contract in your state / UT belongs of your residence or any other relevant province.
14. About the ESS
Earth Sense Shopping is owned by the Company Earth Sense Recycle Pvt. Ltd.. This online sale program is a green initiative of Earth Sense Recycle Pvt. Ltd. for our 3R Principle (Reduce, Reuse & Recycle). Our main motto is not for trading but to self-incentives for the recycling programs in India. Informal recycling leads to the ill health for the Country and its situations as well. For the sustainment of formal recycling practices it becomes an essential to maximum reuse of the products instead of disposal or landfilling. If you have concern about material which appears on our website you may please contact email@example.com. If you have any products to discard or dispose please contact us at firstname.lastname@example.org. Our representative will be in touch with you for get rid of your gadgets disposal.
Our Contact Details:
Phone:+91 44 42014765
Toll Free No.18004190161
Thank you for visiting our website.