TERMS AND CONDITION

Welcome to Earthy Worthy. This page details a limited period Offer provided by our participating sellers redeemable through our EarthyWorthy Marketplace Platform only in the mobile application. Please read these terms and conditions carefully before participating. You should understand that by participating in the Offer and using our Platform, you agree to be bound by these terms and conditions including Terms of Use and Privacy Policy of the Platform. Please understand that if you refuse to accept these terms and conditions, you will not be able to access the offers provided under our Platform.

CUSTOMER INFORMATION AND VISIT TO MOBILE APP/Any Browser

  • By placing an order, you warrant that:
  • You are legally capable of entering into binding contracts;
  • You are at least 18 years old and you are the authorized user of the credit or debit card used to access the Services.
  • All the Customers shall ensure that the mobile number(s), e-mail address and/or other details provided by them to EarthyWorthy via the website/ EarthyWorthy mobile app or otherwise are true, accurate and in use, at the time of the online retail transaction. Any liability, consequence or claim arising on account of any incorrect or outdated information provided by the Customers/ Customers to EarthyWorthy, same shall solely be borne by the affected/concerned Customers/ Customers. EarthyWorthy shall not and is not liable to verify the accuracy and/or correctness of the information so provided by the Customers.
  • EarthyWorthy employees and Relatives(as defined under Companies Act, 2013) of EarthyWorthy employees are not allowed to participate in Contest.
  • In the event, any Winner cancels an order placed for the Products during the Offer, he shall not eligible for the Prize.

OTHER TERMS AND CONDITIONS

EarthyWorthy Return & Exchange Policy Offers gives you the option to return or exchange items purchased on EarthyWorthy website/mobile app within fifteen (15) days of the receipt. In case of return of the purchased item, please refer to the Return Policy on EarthyWorthy or write to returns@EarthyWorthy.in.

  • The expected delivery duration will be mentioned at the time of booking.
  • If EarthyWorthy has suspicion or knowledge, that any Customer is or has been involved in any fraudulent or illegal activity directly or indirectly during or after the Offer, EarthyWorthy reserves the right to disqualify such Customer and any related Customers.
  • EarthyWorthy and/or Seller shall not be responsible if some purchase is not registered or is lost due to any network issues/problems such as breakdown of machinery, unclear/ disruption in the network or non-receipt of payment from banks/payment gateways and/or the cost(s) charged by the network operator(s). Any dispute in connection to the same shall be settled between the end customer and the network operator without involving EarthyWorthy and/or Seller.
  • EarthyWorthy and/or Seller shall not be liable for any loss or damage due to Act of God, Governmental actions, force majeure circumstances, or any other reason beyond its control, and shall not be liable to pay any monetary compensation or otherwise for the same.
  • EarthyWorthy and/or Seller does not hereby warrant that the EarthyWorthy Call Center will run concurrently and error free during and/or after the Offer and EarthyWorthy shall not be directly liable for issues related to technical and/or human error whatsoever. However, EarthyWorthy shall work towards the best interest of the Customer.
  • Customers hereby agree that EarthyWorthy and/or Seller has the sole right to decide all matters and disputes arising from this Offer and that all decisions of EarthyWorthy and/or Seller are final and binding.
  • This T&C shall be governed in accordance with the applicable laws in India. Courts at Bangalore shall have the exclusive jurisdiction to settle any dispute that may arise under this T&C.
  • No other offers will be in conjunction with this Offer.
  • The images of the Products shown are for visual representation only and may vary from the actual Product.
  • EarthyWorthy and/or Seller reserves the right to amend, modify, cancel, update or withdraw this Offer at any time without notice. Upon such premature suspension, inconvenience, cessation, withdrawal, termination or closure of the Offer by EarthyWorthy no person shall be entitled to claim loss of any kind whatsoever.
  • EarthyWorthy reserves the right, in its sole discretion, to disqualify any Customer that tampers or attempts to tamper with the Offer or violates these Terms and Conditions or acts in a disruptive manner.
  • This Offer is valid for limited inventory and subject to availability at the time of booking.
  • You must ensure all information provided towards the entry in this Offer is accurate and complete. You agree that in the event You provide inaccurate and/or false information, Your claim to the Prize/offer shall be forfeited or will be passed on to another participant without any further communication to You.
  • The Offer is open to only for end consumers and not resellers.
  • Offer or prize shall not be settled in cash and is not transferable.
  • EarthyWorthy reserve the right to terminate, withdraw, suspend, amend, extend, modify, add or remove portions of this Offer, at any time without any prior written notice.
  • Participants are not bound in any way to participate in this Offer. Any participation is voluntary and the Offer is being made purely on a best effort basis.
  • Neither EarthyWorthy nor Seller shall be responsible for any indirect or consequential loss or damage, injury or any other liability arising due to participation by any person in this Offer.
  • EarthyWorthy does not endorse the products sold on the Platform and will not accept any liability pertaining to the Designs, quality, merchantability, fitness, delivery or after sales service of such products, which shall be at the sole liability and responsibility of the sellers.
  • You hereby agree to indemnify and keep EarthyWorthy and Seller harmless against all damages, liabilities, costs, expenses, claims, suits and proceedings (including reasonable attorneys as fee) that may be suffered by EarthyWorthy and Seller because of (i) violation of terms of this T&C by You; (ii) violation of applicable laws; (iii) any action or inaction resulting in willful misconduct or negligence on Your part.
  • Any query regarding this Offer will be entertained only till 31st August, 2020. Post such date EarthyWorthy and/or Seller will not entertain any correspondence or communication regarding this Offer from any persons. 
  • The Offer shall be subject to the Income-Tax Act, 1961 and all disbursements shall be subject to TDS, as applicable.

GENERAL TERMS & CONDITIONS :

  1. Customers have been auto allotted slot timings for this offer. The offer and slot timings are communicated to the customers via SMS, email and notifications. It can also be found in the account during the slot timings.
  2. This offer shall be valid on successful and fulfilled transactions. For the purpose of this sale a fulfilled transaction shall mean an order placed by the customers on the platform which shall be confirmed and received by them on their registered address.
  3. All customers shall ensure that the mobile number(s), e-mail address and/or other details provided by them to EarthyWorthy are true, accurate and in use, at the time of the online retail transaction. Any liability, consequence or claim arising on account of any incorrect or outdated information provided by the customer to, same shall solely be bore by the affected customer. EarthyWorthy shall not be liable to verify the accuracy and/or correctness of the information so provided by the customer.
  4. Customers are advised to check the serviceability with the area pin code before placing any order with EarthyWorthy.
  5. Extra GST may apply in addition to the unit sale price on certain products, but the final inclusive price will not exceed the M.R.P. The customer shall be liable to pay the cost.
  6. The images of the products shown are for visual representation only and may vary from the actual product.
  7. Customers are responsible for maintaining the confidentiality of their mobile phones, e-mail accounts and passwords.
  8. The prices of the product may vary during and after the offer is over. Thereby EarthyWorthy shall not be held liable for such difference in the price of the product as they are offered by the participating seller/s.
  9. Product warranty shall be regulated by the terms and conditions mentioned on the warranty card of respective products and EarthyWorthy shall not be liable or responsible to the customer in for any indirect or consequential loss or damage.
  10. The balance amount, after the offer has been availed, will have to be paid by the customer at the time of purchase.
  11. EarthyWorthy Return & Exchange Policy offers you the option to return or exchange items purchased on EarthyWorthy Mobile App/website within fifteen (15) days of the receipt. In case of return of the purchased item, please refer to the Return Policy on our website or call +918884500900
  12. Orders may be split into separate shipments depending upon the products ordered for, despite the customer having made one single consolidated payment against one order ID. Separate shipments, after being split, shall have separate expected delivery period.
  13. By participating in this This offer, all eligible customer agrees to be bound by these Terms and Conditions, the Terms of Use, Privacy Policy and other relevant documentation that are available on EarthyWorthy including any modifications, alterations or updates that may be made either by EarthyWorthy or the participating seller/s. EarthyWorthy shall not be liable or responsible to the customer in for any indirect or consequential loss or damage.
  14. EarthyWorthy reserves the right, in its sole discretion, to disqualify any Customer that tampers or attempts to tamper with the deals/ offers or violates these Terms and Conditions or acts in a disruptive manner.
  15. If EarthyWorthy has suspicion or knowledge, that any Customers has been involved in any fraudulent or illegal activity directly or indirectly and/or is using the platform to order products not for his/her direct usage during or after the This offer, then EarthyWorthy reserves the right to disqualify that Customers and any related Customers.
  16. EarthyWorthy shall not be responsible if some purchase is not registered or is lost due to any network problems such as breakdown of machinery, unclear/ disruption in the network or non-receipt of payment from banks/payment gateways and/or the cost(s) charged by the network operator(s). Any dispute in connection to the same shall be settled between the end customer and the network operator without involving EarthyWorthy.
  17. EarthyWorthy shall not be liable for any loss or damage due to Act of God, Govemental actions, force majeure circumstances, or any other reason beyond its control, and shall not be liable to pay any monetary compensation or otherwise for the same.
  18. EarthyWorthy does not hereby warrant that the EarthyWorthy Call Center will run concurrently and error free during and/or after this offer and EarthyWorthy shall not be directly liable for issues related to technical and/or human error whatsoever. However, EarthyWorthy shall work towards the best interest of the Customer.
  19. This offer is subject to the laws of India and all disputes arising hereunder shall be subject to the jurisdiction of courts, tribunals or any other applicable forum at Bengaluru.

TERMS OF USE

Welcome to EarthyWorthy. This document is an electronic record in terms of Information Technology Act, 2000 and published in accordance with the provisions of Rule 3 ) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of EarthyWorthy marketplace platform – www.earthyworthy.in (hereinafter referred to as “Platform”)

Your use of the EarthyWorthy and services and tools are governed by the following terms and conditions (“Terms of Use”) as applicable to the EarthyWorthy including the applicable policies which are incorporated herein by way of reference. By mere use of the EarthyWorthy, You shall be contracting with www.earthyworthy.in/Green Cotton Company, the owner of the Platform. These terms and conditions including the policies constitute Your binding obligations, with EarthyWorthy.

For the purpose of these Terms of Use, wherever the context so requires “You” or “User” shall mean any natural or legal person who has agreed to become a buyer on Platform by providing data while registering on the Platform as Registered User. The term “EarthyWorthy”,”We”,”Us”,”Our” shall mean EarthyWorthy/Green Cotton Company and its affiliates.

When You use any of the services provided by Us through the Platform, including but not limited to, (e.g. Product Reviews, Seller Reviews), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. You shall ensure to review these Terms of Use periodically for updates/changes. Your continued use of the Platform following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by EarthyWorthy Policies including but not limited to Privacy Policy as amended from time to time.

  1. User Account, Password, and Security:

If You use the Platform, You shall be responsible for maintaining the confidentiality of your Display Name and Password and You shall be responsible for all activities that occur under your Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Platform.

You agree to

  • immediately notify EarthyWorthy of any unauthorized use/breach of your password or account and
  • ensure that you exit from your account at the end of each session.
  1. Services Offered:

EarthyWorthy provides a number of Internet-based services through the Platform. One such Service enables Users to purchase original merchandise such as clothing, Stationeries, Footwear, Bags, etc., original tags are missing, the user’s return request shall be declined, and the said product shall be re-shipped back to the customer. In the event that the return request is declined, the user shall not be eligible for a refund, and EarthyWorthy assumes no liability in this regard. Further, in the event that the user fails to accept the receipt of the said re-shipped product, the user shall continue to be not eligible for a refund, and EarthyWorthy assumes no liability with respect to the return or refund for the said re-shipped product. In addition, these Terms of Use may be further supplemented by Product specific conditions, which may be displayed with that Product.

EarthyWorthy does not warrant that Product description or other content on the Platform is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.

  1. Platform for Transaction and Communication:

The Users utilize to meet and interact with one another for their transactions on the Platform. EarthyWorthy is not and cannot be a party to or control in any manner any transaction between the EarthyWorthy’s Users. Henceforward:

  • All commercial/contractual terms are offered by and agreed to between Buyers and Sellers alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. EarthyWorthy does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Sellers.
  • EarthyWorthy does not make any representation or Warranty as to specifics (such as quality, value, salability, etc) of the products or services proposed to be sold or offered to be sold or purchased on the Platform.
  • EarthyWorthy is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. EarthyWorthy cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Platform.
  • At no time shall EarthyWorthy hold any right, title or interest over the products nor shall EarthyWorthy have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers.
  • The EarthyWorthy is only a platform that can be utilized by Users to reach a larger base to buy and sell products or services. EarthyWorthy is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Buyer. At no time shall EarthyWorthy hold any any right, title or interest over the products nor shall EarthyWorthy have any obligations or liabilities in respect of such contract. EarthyWorthy is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
  • Pricing on any product(s) as is reflected on the Platform may due to some technical issue, typographical error or product information published by seller may be incorrectly reflected and in such an event seller may cancel such your order(s).
  • You release and indemnify EarthyWorthy and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the EarthyWorthy and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, EarthyWorthy cannot take responsibility or control the information provided by other Users which is made available on the Platform.
  1. User Conduct and Rules on the Platform:

You agree, undertake and confirm that Your use of the Platform shall be strictly governed by the following binding principles:

  • You shall not host, display, upload, modify, publish, transmit, update or share any information which:
    • belongs to another person and to which You do not have any right to
    • is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever is misleading in any way involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”
    • promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous
    • infringes upon or violates any third party’s rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity
    • contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page)
    • provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses
    • contains video, photographs, or images of another person (with a minor or an adult).
    • tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other users
    • interferes with another USER’s use and enjoyment of the Platform or any other individual’s User and enjoyment of similar services
    • infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products
    • violates any law for the time being in force
    • threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation
    • shall not be false, inaccurate or misleading
    • shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider (“ISPs”) or other suppliers
  • A User may be considered fraudulent or loss to business due to fraudulent activity if any of the following scenarios are met:
    • Users doesn’t reply to the payment verification mail sent by EarthyWorthy
    • Users fails to produce adequate documents during the payment details verification
    • Misuse of another Users’s phone/email
    • Users uses invalid address, email and phone no.
    • Overuse of a voucher code
    • Use of a special voucher not tagged to the email ID used.
    • Users returns the wrong product
    • Users refuses to pay for an order
    • Users involved in the snatch and run of any order
    • Miscellaneous activities conducted with the sole intention to cause loss to business/revenue to EarthyWorthy
    • User with a very high return rate
    • Repeated request for monetary compensation for fake/used order
  • EarthyWorthy may cancel any order that classify as ‘Bulk Orders’/’Fraud orders’ under certain criteria at any stage of the product delivery. An order can be classified as ‘Bulk Order’/’Fraud Order’ if it meets with the below mentioned criteria, and any additional criteria as defined by EarthyWorthy:
    • Products ordered are not for self-consumption but for commercial resale
    • Multiple orders placed for same product at the same address, depending on the product category.
    • Bulk quantity of the same product ordered
    • Invalid address given in order details
    • Any malpractice used to place the order
    • Any promotional voucher used for placing the ‘Bulk Order’ may not be refunded
    • Any order paced using a technological glitch/loophole.
  • You shall not use the Platform for any unlawful and fraudulent purposes, which may cause annoyance and inconvenience and abuses any policy and rules of the company and interrupt or causes to interrupt, damages the use by other Users of EarthyWorthy.
  • You shall not use any false e-mail address, impersonates any person or entity, or otherwise misleads EarthyWorthy by sharing multiple address and phone numbers or transacting with malafide intentions.
  • We on certain landing page even allow our Users to experience free exchange of ideas and observations regarding interest in the field of fashion, including ‘viewing user generated content’ and/or ‘videos’ and ‘posting comments’. By accessing, viewing and/or posting any user generated content to any specific dedicated page on the Platform, you accept and consent to the practices described in these ‘Terms of Service’ and ‘Privacy Policies’, as well as any other terms of prescribed by the EarthyWorthy on the Platform. You agree and undertake that when accessing, viewing and/or posting any user generated content on these pages You will not imitate, abuse, harass, any Customer/User or violate and exploit, any of these ‘Terms of Service’ of the Platform.
  • You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve Our right to bar any such activity.
  • You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password “mining” or any other illegitimate means.
  • You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity
  • You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
  • From time to time, You shall be responsible for providing information relating to the products or services proposed to be sold by You. In this connection, You undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such products or services so as to mislead other Users in any manner.
  • You shall not engage in advertising to, or solicitation of, other Users of the Platform to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Platform or related to us.
  • The Content posted does not necessarily reflect EarthyWorthy views. In no event shall EarthyWorthy assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Platform. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.
  • EarthyWorthy hereby disclaims any guarantees of exactness as to the finish, appearance, size, color etc., of the final Product as ordered by the User. EarthyWorthy Return & Exchange Policy offers you the option to return or exchange items purchased on EarthyWorthy within the return/exchange period (Please read the Product Detail Page to see the number of days upto which a product can be returned/exchanged, post-delivery). In case of return of the purchased item, please refer to the “Return Policy” on our EarthyWorthy.
  1. Contents Posted on Platform:

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, “Content”), is a third party user generated content and EarthyWorthy has no control over such third party user generated content as EarthyWorthy is merely an intermediary for the purposes of this Terms of Use. Such Content will become Our property and You grant Us the worldwide, perpetual and transferable rights in such Content. We shall be entitled to, consistent with Our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content You provide.

You may use information on the products and services purposely made available on the Platform for downloading, provided that You

  • do not remove any proprietary notice language in all copies of such documents,
  • use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media,
  • make no modifications to any such information, and
  • do not make any additional representations or warranties relating to such documents.
  1. Disclaimer of Warranties and Liability:

All the materials and products (including but not limited to software) and services, included on or otherwise made available to You through Platform are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, EarthyWorthy does not warrant that: Platform will be constantly available, or available at all or The information on Platform is complete, true, accurate or non-misleading.

All the Products sold on Platform are governed by different state laws and if Seller is unable to deliver such Products due to implications of different state laws, Seller will return or will give credit for the amount (if any) received in advance by Seller from the sale of such Product that could not be delivered to You. You will be required to enter a valid phone number while placing an order on the Platform. By registering Your phone number with us, You consent to be contacted by Us via phone calls and/or SMS notifications, in case of any order or shipment or delivery related updates. We will not use your personal information to initiate any promotional phone calls or SMS.

  1. Selling:

As a registered seller, you are allowed to list item(s) for sale on the Platform in accordance with the Policies which are incorporated by way of reference in this Terms of Use. You must be legally able to sell the item(s) you list for sale on the Platform. You must ensure that the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics and pictures that describe your item for sale. All listed items must be listed in an appropriate category on the Platform. All listed items must be kept in stock for successful fulfilment of sales. The listing description of the item must not be misleading and must describe actual condition of the product. If the item description does not match the actual condition of the item, you agree to refund any amounts that you may have received from the Buyer. You agree not to list a single product in multiple quantities across various categories on the Platform. EarthyWorthy reserves the right to delete such multiple listings of the same product listed by you in various categories.

  1. E-Platform for Communication:

You agree, understand and acknowledge that EarthyWorthy is an online platform that enables you to purchase products listed on the Platform at the price indicated therein at any time. You further agree and acknowledge that EarthyWorthy is only a facilitator and is not and cannot be a party to or control in any manner any transactions on EarthyWorthy.

  1. Indemnity:

You shall indemnify and hold harmless EarthyWorthy, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Use, privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

  1. Trademark, Copyright and Restriction:

Platform is controlled and operated by EarthyWorthy and products are sold by respective Sellers. All material on Platform, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on EarthyWorthy is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other EarthyWorthy or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause. It is expressly clarified that You will retain ownership and shall solely be responsible for any content that You provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of Our various Service. However, We reserve the right to use/reproduce any content uploaded by You and You agree to grant royalty free, irrevocably, unconditionally, perpetually and worldwide right to Us to use the content for reasonable business purposes.

  1. Limitation of Liability:

In no event shall EarthyWorthy be liable for any indirect, punitive, incidental, special, consequential damages or any other damages resulting from:

  • the use or the inability to use the Services or Products
  • unauthorized access to or alteration of the user’s transmissions or data
  • breach of condition, representations or warranties by the manufacturer of the Products

any other matter relating to the services including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Platform or Service. EarthyWorthy shall not be held responsible for non-availability of the EarthyWorthy during periodic maintenance operations or any unplanned suspension of access to the EarthyWorthy. The User understands and agrees that any material and/or data downloaded at EarthyWorthy is done entirely at Users own discretion and risk and they will be solely responsible for any damage to their mobile or loss of data that results from the download of such material and/or data. To the maximum extend that is permissible under law, EarthyWorthy’s liability shall be limited to an amount equal to the Products purchased value bought by You. EarthyWorthy shall not be liable for any dispute or disagreement between Users

  1. Termination:

EarthyWorthy may suspend or terminate your use of the EarthyWorthy or any Service if it believes, in its sole and absolute discretion that you have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms of Service or anyway otherwise acted unethically. Notwithstanding anything in this clause, these Terms of Service will survive indefinitely unless and until EarthyWorthy chooses to terminate them.

  • If You or EarthyWorthy terminates your use of the Platform or any Service, EarthyWorthy may delete any content or other materials relating to your use of the Service and EarthyWorthy will have no liability to you or any third party for doing so. However, your transactions details may be preserved by EarthyWorthy for purposes of tax or regulatory compliance.
  • EarthyWorthy may unilaterally terminate Your account on any event as mentioned in the Terms Of Use. Any credits earned through loyalty or referral program, EarthyWorthy credit and pending refunds if any will be forfeited in such case. Returns/Refund for such Users shall be at the sole discretion of EarthyWorthy.
  • If You use any false e-mail address or use the portal for any unlawful and fraudulent purposes, which may cause annoyance and inconvenience and abuses any policy and rules of the company or mislead EarthyWorthy by sharing multiple address and phone numbers or transacting with malafide intentions then EarthyWorthy reserves the right to refuse access to the portal, terminate accounts including any linked accounts without notice to you.
  1. Jurisdictional Issues/Sale in India Only:

Unless otherwise specified, the material on the Platform is presented solely for the purpose of sale in India. EarthyWorthy make no representation that materials in the Platform are appropriate or available for use in other locations/Countries other than India. Those who choose to access Platform from other locations/Countries other than India do so on their own initiative and EarthyWorthy is not responsible for supply of products/refund for the products ordered from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable.

  1. Governing Law:

These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts, tribunals, fora, applicable authorities at Bangalore. The place of jurisdiction shall be exclusively in Bangalore.

  1. Contacting the Seller:

At EarthyWorthy, we are committed towards ensuring that disputes between Sellers and Buyers are settled amicably by way of the above dispute resolution mechanisms and procedures. However, in the event that You wish to contact EarthyWorthy about the seller, You may proceed to do so by clicking on the seller name on the product listing pages. Alternatively, You may also reach out to customer support at +91 8884500900 or access help center at https://www.EarthyWorthy.in/contactus

  1. Disclaimer:

You acknowledge and undertake that you are accessing the services on the Platform and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through EarthyWorthy. We shall neither be liable nor responsible for any actions or inactions of sellers nor any breach of conditions, representations or warranties by the sellers or manufacturers of the products and hereby expressly disclaim and any all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between You and the sellers or manufacturers of the products. We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product or pricing information and/or specifications) on Platform. While we have taken precautions to avoid inaccuracies in content, this website, all content, information (including the price of products), software, products, services and related graphics are provided as is, without warranty of any kind. At no time shall any right, title or interest in the products sold through or displayed on Platform vest with EarthyWorthy nor shall EarthyWorthy have any obligations or liabilities in respect of any transactions on Platform.

Delivery Related – User agrees and acknowledges that any claims regarding order delivery (including non-receipt/ non- delivery of order or signature verification) shall be notified to EarthyWorthy within 5 days from the alleged date of delivery of product reflecting on the EarthyWorthy portal. Non notification by You of non-receipt or non-delivery within the time period specified shall be construed as a deemed delivery in respect of that transaction. EarthyWorthy disclaims any liability or responsibility for claims regarding non-delivery, non-receipt of order (including signature verification in Proof of delivery) after 5 days from the alleged date of delivery of product reflecting on the EarthyWorthy portal.

CANCELLATION

You can now cancel an order when it is in packed/shipped status, as long as the cancel option is available on App/Website/M-site. This includes items purchased on sale also. Any amount paid will be credited into the same payment mode using which the payment was made

Yes, You can modify the shipping address of your order before we have processed (packed) it, by updating it under ‘change address’ option which is available under ‘My order’ section of App/Website/M-site

Tap on “My Orders” section under the main menu of your App/Website/M-site and then select the item or order you want to cancel

If you had selected Cash on Delivery, there is no amount to be refunded because you haven’t paid for your order. For payments made via Credit Card, Debit Card, Net Banking, or Wallet you will receive refund into the source account within 7-10 days from the time of order cancellation. If payment was made by redeeming PhonePe wallet balance then, then refund will be instant post order cancellation, which can be later transferred into your bank account, by contacting PhonePe customer support team.

RETURN & EXCHANGE

EarthyWorthy’s returns and exchange policy gives you an option to return or exchange items purchased on EarthyWorthy for any reason within the specified return/exchange period (check product details page for the same). We only ask that you don’t use the product and preserve its original condition, tags, and packaging. You are welcome to try on a product but please take adequate measure to preserve its condition. There are two ways to return the product to us:

  1. Pick up: In most locations, we offer a free pick up service. You will see a pickup option when you submit a return request.
  2. Self-Ship: If we don’t offer a pick up at your location. In such cases, we will credit the shipping costs in the form of EarthyWorthy credits provided the product meets the return policy and you have shared scan copy of the courier receipt with us.

During Pick Up, our delivery agent may do a quality check on the return. For a successful pick up, we will initiate a doorstep refund for the return amount into the refund mode selected at the time of initiating the return request. This doorstep refund may not be applicable for some pin codes in which case refund will be initiated after the product has been received at our warehouse and has passed a quality check. If the picked up product does not pass the quality check, we shall ship it back to you. If you choose to exchange the item for reason of mismatch of size or receipt of a defective item, you will be provided with a replacement of the item, free of cost. However all exchanges are subject to stock availability and subject to your address being serviceable for an exchange. If you choose to exchange an item, our delivery representative will deliver the new item to you and simultaneously pick up the original item from you. Please note that we are only able to offer size exchanges. If you wish to exchange your item for an alternative product, we suggest that you return it to obtain refund and purchase the new item separately.

The following EXCEPTIONS and RULES apply to this Policy:

  1. Briefs, Shapewear Bottoms, any Lingerie Set that includes a Brief, Swimwear, Mittens, Wrist-Bands cannot be exchanged or returned.
  2. Some products like fine jewellery, watches and selected products which are susceptible to damage can only be returned/exchanged for a limited number of days. Certain products like sherwanis can only be exchanged not returned. Please read the Product Detail Page to see the number of days upto which a product can be returned/exchanged, post-delivery.
  3. Due to the intimate nature, we handle returns for certain Innerwear, Sleepwear and Lingerie items differently. Only self-ship return is allowed for such items, hence pickup facility will not be available.Also, these items cannot be exchanged.
  4. All items to be returned or exchanged must be unused and in their original condition with all original tags and packaging intact (for e.g. shoes must be packed in the original shoe box).
  5. Under Exchange Policy, only size exchanges are allowed. Items can be exchanged for a similar size or a different size. Exchanges are allowed only if your address is serviceable for an exchange by our Logistics team.
  6. In case you have purchased an item which has a free gift/offer associated with it and you wish to return the main item, then you will have to return the free product as well
  7. EarthyWorthy will not be liable for the products returned by mistake. In circumstances where an extra or a different product is returned by mistake, EarthyWorthy would not be accountable for misplacement or replacement of the product and is not responsible for its delivery back to the User
  8. If you self-ship your returns, kindly pack the items securely to prevent any loss or damage during transit. For all self-shipped returns, we recommend you use a reliable courier service.
  9. If you self-ship your returns, your shipping costs would be reimbursed subject to your return having met our Returns and Exchange Policy and the image of the courier receipt is shared by you and validated by us. For self-ship returns the refund for returned products will only be initiated if they pass through a quality check conducted at the warehouse. If the quality check fails the product will be reshipped back to you.

You can return products purchased from EarthyWorthy within the specified return/exchange period(check product details page for the same), except for our non-returnable products and high-value products which can only be returned for limited number of days.

  1. Create a ‘Return Request’ under “My Orders” section of App/Website/M-site. Follow the screens that come up after tapping on the ‘Return’ button. Please make a note of the Return ID that we generate at the end of the process. Keep the item ready for pick up or ship it to us basis on the return mode
  2. We offer pick-up facility in selected locations basis our courier serviceability.
  1. If reverse pick-up option is not available at your location you can self-ship the product to us

Pick-up: If you select to schedule a pick-up, please place the product in a packet and the product must be unused, unwashed and all the tags are intact. Keep the packet ready and open to expedite the return pickup. Our staff may initially examine the product at the time of pickup and a further quality check of the product will be conducted at our Returns Desk.

Self-ship: In case your area pincode is not eligible for “Pick-up” mode then, please self-ship the product to our Returns desk.Please pack the product and ensure product is unused, unwashed and all the tags are intact.Also, please mention Order No and Return id on a piece of paper and place it in the packet. Kindly address the package to the address of the Returns desk closest to you. We have listed out the addresses of the Returns desk in another section on this page.

We will send you a confirmation email as soon as we receive the shipment at our warehouse. At any time, you can track the status of your return request on App/Website/Msite.

NOTE: NO PRODUCTS SHALL BE ACCEPTED IF THE WARRANTY CARD IS MISSING WHILE RETURN OR EXCHANGE OF THE PRODUCTS.

If you would like to exchange products purchased from EarthyWorthy, please follow below mentioned steps:

  1. You can create exchange for products purchased from EarthyWorthy within the specified return/exchange period (check product details page for the same) under “My Orders” section of App/Website/M-site. If your address is serviceable for exchange you will be able to proceed and generate an exchange id. Please note down your exchange id for future reference
  2. Place the product in a packet but do not seal it. Please ensure product is unused, unwashed with all the tags intact.
  3. Hand over the original product to our delivery staff and receive the exchange item from him. Please ensure that you have the original item available with you at the same address which has been selected for delivery of the exchange item.
  4. At any time, you can track the status of your exchange requests under “My Orders” of App/Website/M-site.

Once you create a return via App / Desktop as per the returns policy, EarthyWorthy will ensure a quick, easy and seamless returns experience for you. Our delivery agents may perform a simple quality check at your doorstep and upon acceptance of the return, your refund will be initiated immediately.

At the time of creating a return, customers are requested to confirm (via a check box click) that the product being returned is unused with original tags intact. At the time of pickup, if the above conditions are not found to be met, your return may be put on hold pending further clarification with our Contact Center.

Upon successful pickup of the return product at your doorstep, EarthyWorthy will instantly initiate the refund to your source account or chosen method of refund. Instant Refunds is not available in a few select pin codes and for all self-ship returns.

For refunds taken into Bank Account (via IMPS), your refund will reflect in your account within 1 to 3 business days once it has been initiated at the doorstep. For refunds taken into phonepe, your refund will reflect instantly. For refunds to source account (that is Credit Card, Debit Card and Netbanking), your refund may take 7-10 days to reflect in your account depending upon your bank partner.

.

After the refund has been initiated by EarthyWorthy as per the Returns Policy, the refund amount is expected to reflect in the customer account as per the following timelines:

  1. NEFT – 1 to 3 business days post refund initiation
  2. EarthyWorthy Credit – Instant
  3. Online Refund – 7 to 10 days post refund initiation, depending on your bank partner
  4. PhonePe wallet –Instant

Please note, EarthyWorthy initiates the refund upon successful return pick up, or after the returned item has reached us and quality check is successful. Therefore, the refund initiation time may vary by time taken by the courier partner to deliver the return to a EarthyWorthy warehouse. In case of any refund discrepancies, EarthyWorthy may at its sole discretion, request you to share with us a screenshot of your bank statement.

If you are returning multiple products from a single order then, you will receive a separate Return ID via e-mail for each item. If you are self-shipping the products, you can ship all the products in a single shipment. Please mention the Return IDs for all the products on a single sheet of paper and place it inside the packet. If mode of return is Pickup, our courier person will pickup the products from the pickup address.

Currently, we pick up products only from selected PIN Codes. If your area pincode is serviceable, you will be able to select the pickup option when you create a Return Request on App/Website/M-site.

  1. We will pick up the return within 4 – 7 days from the request placement date.
  2. Please keep the return shipment ready.

If your area pin code is not serviceable for pickup, you will need to self-ship the return item via any reliable courier partner. Please ensure to place a sheet of paper with the details of Order ID and Return ID for each item included in the package. For all self-shipped returns, you will be duly reimbursed the shipping costs. Therefore, please ensure that scan copy of courier bill/receipt is shared via Contact us option available on App/Website/M-site. The courier bill/receipt should satisfy the following conditions for successful processing:

  1. It should capture the weight of the return package.
  2. Residential/office address, destination address, shipment date, amount and other details should be mentioned.
  3. The information on the receipt should NOT be edited/over-written.
  1. The courier charge (amount mentioned on the receipt) should not overshoot the Sender-Destination-Service combination and shall be cross-checked with the courier company.This is subject to your returns being inspected and successfully processed upon receipt at our end.

You can send the return to any one of the following returns processing facilities depending on your location. Kindly do not send it to on any other address as the package would not be acceptable then. Please address the return shipments to the seller you purchased the products from, details of which can be found on your order invoice.

Address:

Green Cotton Company
No.8, BM – 441, 1st Block HRBR Layout, Bangalore – 560043, Karnataka.

This may have happened, if the item you returned is used, damaged or original tags are missing. In the event that the return request is declined, the user shall not be eligible for a refund, and EarthyWorthy assumes no liability in this regard. For more details, please call our customer care.

We make three attempts to pick up the item, if the item is not picked up in the third attempt, Pickup request will be marked as failed. You can initiate a new return request, if item meets the return criteria and is within the specified return/exchange period (check product details page for the same). For more details, please call our customer care.

This may have happened, if the item you have returned is used, damaged or original tags or MRP tags are missing. In the event that you fail to accept the receipt of the re-shipped item, you shall continue to be not eligible for a refund, and EarthyWorthy assumes no liability with respect to the return or refund for the said re-shipped item. For more details, please call our customer care.

PAYMENTS

We support the following payment options at EarthyWorthy:

  1. Cash On Delivery (available in selected pin codes)
  2. Credit Card
  3. Debit Card
  4. Net banking
  5. Gift Card
  6. Wallet

EarthyWorthy’s Cash on Delivery option allows you to pay order value at the time of delivery for all orders between Rs. 299 and Rs. 49999. Your existing limits will be revised once, there is a delivery or order rejected against your account, from the new limit implementation logic, if required. To pay for any order using Cash on Delivery (COD) mode of payment, please select the ‘Cash On Delivery’ option on the payment page. Cash on Delivery option is available only in selected pin codes. However, the COD limit may differ from customer to customer depending upon the order rejection percentage from a particular customer’s registered email id. For the avoidance of doubt, ‘Order Rejection Percentage’ shall mean any undelivered orders which are returned from the address provided by the customer even, after three successful delivery attempts. In the event of COD limit breach, your order will be canceled and you will have to place a new order using Pre-payment options.

Further, the COD limit for any user may get decreased to Rs. 24,999, Rs.1500, Rs.0 basis on order rejection percentage and can be reset to Rs.49,999 basis on Order acceptance percentage and number of prepaid orders placed, post limit decrease.

If you do not see a COD option on your payment page, this may be due to one of the following reasons:

  1. Your order value may be less than Rs. 299 or over Rs. 49,999.
  2. Our courier partners may not support the Cash on Delivery option for your delivery address.
  3. You may have placed another order using the COD option which is pending delivery. If the amount of this order, when added to your current order, exceeds Rs. 49,999, then the COD option will be disabled temporarily.For all Tanishq products COD limit is Rs. 15,000

EarthyWorthy reserves the right to determine the COD limit for every customer and/or orders. The COD limit includes any undelivered, unpaid orders and any new orders being placed.

We currently do not have EMI (Credit Card)  that you can choose to pay for the order in easy installments to the credit card issuing bank. However, depending on the type of card the amount you swipe depending on the offer from your Bank you may be able to convert this into EMI at your convenience.c

Please retry making the payment after ensuring that the information entered is accurate, including all account details, billing addresses and passwords. If your payment still fails, you can use the Cash on Delivery (COD) payment option, if available on the payment page to place your order. If your payment is debited from your account after a payment failure, it will be credited back within 7-10 days, after we receive a confirmation from the bank.

GST is a single tax on the supply of goods and services that is levied on every value addition (through production and services) and is added to a product’s sale price. GST has to borne/paid by the ultimate consumer of the product or service. If your order is fulfilled on or after July 1st, 2017, GST will be applicable on your orders. GST subsumes all other taxes like Excise duty, VAT, Entry tax etc.

.

Following rules will govern whether or not additional GST will be applicable on the products purchased by you: 

1) GST applicability: 

(a) For a product, 

(i) if the fulfillment is done on or after July 1st, 2017 and 

(ii) if the order is placed before 15th November, 2019, and, 

(iii) total discount percentage is more than 19% of MRP, 

then GST may be collected from customer in addition to product price, post discounts. The discounts include those resulting from special offers such as Buy 1 Get 1 and similar offers.

(b) For a product, if the order is placed on or after 15th November 2019, the discounted prices displayed on EarthyWorthy platform shall be inclusive of all taxes, including GST. 

2) GST amount: If applicable, the amount of GST collected from customer depends on category, for example 

(i) Apparel/Clothing: Max 12% 

(ii) Footwear: Max 18% 

(iii) Home Furnishing: Max. 28% 

(iv) Accessories/Other Categories: Max 28% 

3) On and from 15th November, 2019, the discounted prices displayed on the EarthyWorthy platform shall be inclusive of all taxes.

Yes. If you return the product the applicable GST/VAT amount will also be refunded into the source account selected at the time of return initiation. However no refunds of GST/VAT shall be made in relation to shipping charges collected from the consumer under EarthyWorthy shipping policy.v

SHIPPING & DELIVERY

We strive to deliver products purchased from EarthyWorthy in excellent condition and in the fastest time possible. If this is your first order with EarthyWorthy, shipping will be completely FREE. Also, for all the subsequent purchases applicable shipping charges with India depending on your location by the normal delivery medium will be chargeable.

If the order is cancelled, lost or un-delivered to your preferred location, we will refund the complete order amount including any shipping charges, if paid online.

  1. If you return an order delivered to you, order shipping charges will not be refunded. However if you self-ship your returns, we will reimburse self-shipment charges based on EarthyWorthy’s Returns Policy. For accounts whose return behavior violate our fair usage policy, a applicable delivery charges will be levied on all orders, irrespective of order value.
  2. Order value is calculated after applying discounts/VAT/GST or any other applicable charges.

We always strive hard to provide the best experience to our customers. However, we have noticed that few accounts abuse our liberal returns policy. These accounts typically return most of the items bought or choose to not accept our shipments. Hence, our regular customers are deprived of the opportunity to buy these items. To protect the rights of our customers, we reserve the right to collect the shipping charge of Rs. 149 for all orders and disable cash on delivery option for accounts that have a high percentage of returns and shipments not accepted by value of orders placed.

Please tap on “My Orders” section under main menu of App/Website/M-site to check your order status.

You can find out if EarthyWorthy delivers to your PIN Code using the courier serviceability tool available on the product page. Please tap on “Check Delivery options” and enter your area PIN code in the respective field to get the required information about standard order delivery time and availability of Cash on Delivery for the Product selected. The PIN codes serviced by us are frequently updated, so if we do not deliver to your PIN code today, please come back and check to see if this has changed

All orders placed on EarthyWorthy are dispatched through our own courier service – EarthyWorthy Logistics or through other courier partners such as Blue Dart, Delhivery Etc.

Yes. We can deliver products outside India but the price and courier charges will be different for products purchased outside India. You can purchase this when it is enabled on our website which is under construction.

Sorry, currently we do not have any service available to expedite the order delivery. In future, if we are offering such service and your area pincode is serviceable, you will receive a communication from our end.
.

Kindly reach out to us for pilferage within 48 hours of delivery failing which the claim will not be entertained. Whilst we investigate, request you to please make note of the below pointers:

Please do not use the item for which claim is being raised.

You may be required to information’s like, short description of the case (A few questions will be asked to help us understand the scenario)

The snapshots of the packet and other boxes (If any) (Try to cover the sides which look tampered/damaged as per the Users

The refund for prepaid/Cash on delivery orders will be done after the investigation

You may not be liable for a refund, if he/she falls in any of the scenarios stated below:

Failure to provide adequate information about the case.

Failure to provide snapshots of the packet and box(if any)

If a pilferage delivery was received, pilferage claims must be made the same day.

You must not dispose of the packaging for 3 – 4 days post – delivery. We might need to pick-up your packaging for investigation at our end.

You have used the item for which claim was raised.

In case of a component missing from a multi-component item such as Kurta, Bed – sheets, inner wear sets etc.only exchange return option would be provided basis serviceability and product type