Terms & Conditions
These Terms and Conditions outline the rules and regulations for the use of Earth Goods’ (“Earth Goods”, “we”, “our” or “us”) web interface (“Site”), and/or its mobile applications (“App”), (collectively “Platform”), which provides for food and beverages (“Goods”) processing and delivery (“Services”).
ACCEPTANCE OF TERMS
Customer’s (“Customer(s)”, “you”, or “your”) use of our Platform, constitutes Customer’s Agreement (“Agreement”) with Earth Goods, to be bound by, and to act in accordance with these Terms and Conditions.
The Services and Platform are not intended to be used by Customer’s under eighteen (18) years old .
Our Services are accessible by account registration, through which, you shall:
- Provide complete and accurate data and prompt any subsequent amendments;
- Ensure the security of your account against password leaks and unauthorized use by third parties;
- Notify Earth Goods promptly, should you suspect any breaches in connection with the use of Services;
- Retain full responsibility for actions placed under your account, and hold complete liability for unauthorized uses.
By placing an order through our Platform, you are offering to contract with us on the basis of these Terms and Conditions, which if accepted, will result in a binding contractual relationship.
After order submission, you will receive an email acknowledging the order of selected Goods.
While all efforts are made to ensure that the Goods displayed on our Platform are currently available, we may not always guarantee that this will be the case. If the Goods you ordered are unavailable, we may at our discretion either propose a substitute product, or otherwise refund the amount you have been charged for that unavailable item.
We may set a minimum order value for delivery and reserve the right not to deliver an order which is valued at less than the adopted minimum order value.
You are responsible for ensuring your order is properly submitted to us as per the process set forth on our Platform, which shall be confirmed by e-mail, provided that we shall not be liable to you in case the order fails to process due to system failure or any other reason.
We reserve the right to alter and/or refuse and/or cancel any order for any reason whatsoever (including but not limited to non-authorization of payment, insufficient funds, unavailability of Goods, amongst other reasons), without incurring any liability.
- Delivery Terms
Deliveries of Goods to our Customers shall be in accordance with our delivery schedule. You shall be made aware through our Platform of the delivery costs, available delivery time-slots and cut-off times.
Orders will be delivered directly to the address you specified, by our delivery personnel or any party designated by us (“Delivery Team”), and you shall allow us reasonable access to such premises. Permitted delivery addresses are residential apartments or homes and reception desks of business offices. We reserve the right to refuse to make deliveries to premises where there is a considerable amount of efforts, or risk of injury, to our Delivery Team.
You must ensure your availability, or an authorized representative’s (such as doormen, superintendents, and so on) presence, to retrieve the Goods, and sign-off on delivery. Authorized representatives entitled to receive the order, shall be deemed to accept the order under all terms and conditions that would apply had you accepted the order yourself.
If you fail to take delivery of Goods for any reason or fail to give us adequate delivery instructions, at the time-slot selected for delivery (other than by reason of any cause beyond the Customer’s reasonable control), then, without prejudice to any other rights or remedy available to us, we shall charge you for a re-scheduling delivery fee.
For the proficiency of our operations, our Delivery Team may not wait for on-spot Goods inspection.
- Delivery Drawbacks
We may not always guarantee delivery in accordance with your requested delivery time-slots, and delivery timing might be pushed up. We will use reasonable efforts to contact you through email, push notification, or by phone, should the suspension last for a considerable amount of time, and determine an alternate time for delivery, without any incurring any liability.
We may not be liable for any loss or damage arising out of late delivery or failure to deliver the Goods for reasons beyond our control.
In the event we fail to deliver the Goods for reasons other than any cause beyond our reasonable control, our liability shall be limited to the order’s cost, if permissible under applicable laws and regulations.
- International Shipping
We control and operate our Services from within the United Arab Emirates. While our Goods are mainly intended to be sold within such geographical scope of the United Arab Emirates, we may expand our Services to other territories. By rendering international shipping available strictly for authorized Goods as per applicable laws and regulations, we make no representation that our Goods are fit to enter or be consumed in other locations, with regards to the adopted health standards in such locations. We cannot guarantee appropriate conditions of shipment, notably its effect on the quality of the Goods if they are delayed in shipping, left unattended, unpacked or kept under prolonged heat, amongst other conditions. You shall be solely responsible for compliance with all applicable laws and regulations with respect to the state, nature, quality, composition, quantity of the Goods you order. We may not be liable for loss or damage arising out of any custom seizure on the Goods ordered, the charges derived thereto, the state and quality of the Goods should you receive them, any shipment delays, noting that we are only provided with an estimated delivery date from our carriers and in such circumstances, Customer shall not be eligible to request any refund.
Subject to supply of proof deemed sufficient by us, you may be eligible for refunds or credit, should:
- Wrong Goods be delivered;
- Paid Goods be missing;
- Goods be of poor quality;
- Goods have passed their expiry dates;
- Goods be mistakenly overcharged.
Such requests should be communicated to us within a period not exceeding two (2) days as of Goods receipt or within a period not exceeding the time-frame provided under applicable laws and regulations, whichever is less.
We do not accept return of any Goods.
PRICES AND CHARGES
- Item Pricing
The price you shall be paying is the price reflected at the time you place an order, and any subsequent price change shall not be retroactive.
Prices [shall include any applicable VAT] OR [are exclusive of VAT, which shall be included in final checkout amount as per applicable rates.]
For variable weight orders the basic price per unit shall apply, but the actual price charged is determined once order has been prepared and weighed. The same goes for pre-packed products, the actual price reflects the price in force when the order is prepared.
All prices and service charges are quoted in the currency of the jurisdiction where delivery takes place.
The price range of products may vary from one jurisdiction to the other.
- Delivery and Shipping Charges
Delivery charges vary depending on your location and will be added to your order.
Shipping costs will be determined with regards to the weight and size of products and/or shipment schemes adopted in the jurisdiction where it takes place. You will also be responsible for local duties and taxes that may be applicable to shipments, at rate set by relevant authorities.
Customers may elect but are under no obligation, to tip the Delivery Team, through our Platform at checkout or by cash at the time order is delivered.
All discounts emanating from vouchers, coupons and otherwise gift cards will be calculated at checkout before any charges are applied. Only one promotion may be used at a time.
- Customer Cancellation
Customer cancellation of approved orders is not allowed.
TERMS OF PAYMENT
- Credit/Debit Card Payment
We only accept credit and debit cards listed on our website. Authority for payment will be requested from your card issuer at the time of your order and your payment card will be debited at the time of invoicing. We will not proceed with delivery until we have prior payment authorization.
- Additional Payment Methods
Earth Goods may at its discretion allow for the use of other payment methods, exhaustively cash, checking account, PayPal, E-Wallet, amongst others, subject to prior payment authorization by the relevant party.
- Insufficient Funds
Failure to pay any fees or charges due, may result in suspension or termination of access to our Platform.
You will be held liable for any fees, including attorneys’ fees and debt collection costs that we may incur in our efforts to collect unpaid balance from you.
Eligible refunds will only be done through the original mode of payment.
Earth Goods warrants that its Goods will be properly labeled with related nutritional data, shelf-life, storage details, and accurately indicate the presence of any substance in product’s content, required to be disclosed by relevant laws and regulations.
Save as otherwise provided herein, Earth Goods warrants that all Goods shall comply with applicable product safety legislations, standards and guidelines.
DISCLAIMER OF WARRANTY
The Services are provided “as is” and “as available”, and to the greatest extent permitted by applicable law, without warranties of any kind either express or implied, such as warranties of merchantability, fitness for a particular purpose, and non-infringement of third party rights.
We make no warranty that (i) the operation of the Platform will meet Customers requirements; (ii) access to the Platform will be uninterrupted, timely, secure, free of viruses, worms, trojan horses or other harmful components, or clear of defects or errors; (iii) the content provided by the Platform is accurate, complete and reliable, and (iv) defects will be corrected.
You will assume the entire cost of all servicing, repairs, or replacements that may be necessary for your equipment, resulting from the use of our Platform.
LIMITATION OF LIABILITY
To the greatest extent permitted by applicable law we may not be liable for any damages including any direct, special, incidental, consequential or punitive or other damages, that may result in personal injury, loss of data, loss of profit or income, damage or loss of property, arising out of or in connection with our Services, the Goods, the Platform and the features, information or content contained on it, the use or the inability to use our Services, the Platform or the Goods, any unauthorized access, any performance failure caused by error, omission, interruption, defect, delays, virus, worms, trojan horses or other harmful components.
Nothing in this limitation of liability will be deemed to:
- Limit or exclude our or your liabilities for death or personal injury resulting from gross negligence;
- Limit or exclude our or your liabilities for fraud;
- Limit our or your liabilities that are not permitted by applicable law; or
- Exclude any of our or your liabilities that may not be excluded by applicable law.
You agree to indemnify and hold harmless Earth Goods and its respective officers, directors, employees, agents and affiliates from any claim, demand, action or damage, including attorneys’ fees, arising out of or related to the (i) use of or inability to use this Platform and our Services, (ii) Customer’s actions in connection with the Services or Platform, (iii) violation of these terms and conditions, whether done by you or through use of your account.
REVIEWS AND COMMENTS SECTION
Certain sections of our Platform are dedicated for Customers reviews and opinions (“Comments”). You warrant and represent that:
- These Comments do not infringe any intellectual property right, or other proprietary right of any third party;
- These Comments do not contain any defamatory, libelous, offensive or unlawful material;
- These Comments will not be used to solicit or promote unlawful activity or any business or commercial activities’ competing to ours;
- You will not invade the privacy of others by collecting information about them;
- You will not engage in any misrepresentation, aiming to mislead others about your status and affiliations.
Customer grants us an exclusive, perpetual, royalty-free license to use, reproduce, edit and authorize others to uses, reproduce and edit any of your Comments on any and all media outlets.
These Comments do not reflect our views, and we reserve the right to monitor all Comments and remove the ones that w/e discretionarily consider inappropriate, offensive, defamatory or otherwise in violation of these terms and conditions. We shall not be responsible, to the maximum extent permissible by law, for any loss, liability, damages caused or suffered as a result of any Comments posted on our Platform.
LINKS TO OTHER SITES
This Platform may provide links to other sites, which shall not be considered to entail Earth Goods’ endorsement, approval, or sponsorship of these links, their content, and the services or products they offer. We may not be liable for any loss or damages arising out of the use of their services or products.
Unless otherwise stated, Earth Goods owns all intellectual property rights for our Services and our Platform, exhaustively, copyrights, trademarks, service marks, domain names, and tradenames (“Content”).
No part of our Content may be copied, reproduced, republished, posted, transmitted, in any way. You may view, and/or print the Content for your personal, non-commercial home-use, provided that all Content is kept intact. You acknowledge that such use does not entitle you to any ownership rights pertaining to the Content.
The use of Content in any manner other than as expressly authorized in these terms and conditions, or as authorized in writing by Earth Goods is strictly prohibited.
We retain the right to restrict or suspend your use of, deny access to, and/or terminate your account on, our Platform, with or without notice, if we have reason to believe you have violated or conducted actions that may result in violations of any of these Terms and Conditions, including providing us with false information.
We reserve the right to collect any outstanding balance in your account before we proceed with termination.
Any provision of the Agreement that contemplates performance or observance subsequent to termination of the Agreement, shall survive and continue in full force and effect.
We shall notify you of any revision, or any other communication related to the Services and Platform, through general posting on our Platform, by e-mail or by mail at your address coordinates contained in the account section of the Platform. You agree that such notices and communications shall be deemed to have been received in writing on the date sent by us.
We reserve the right to change these Terms and Conditions at any time. You shall be notified of such changes through general posting on our Platform. The revised terms shall be automatically effective for orders placed after posting, and seven (7) days after posting for previously placed orders. The use of our Platform following such notice, shall be considered as an acceptance by your end, to be governed by the revised Terms and Conditions.
- Third-Party Beneficiaries
This Agreement will inure to the benefit and be binding upon Earth Goods and its Customers. Notwithstanding the aforementioned, third-party beneficiaries’ are entitled to assert and enforce the provisions hereof, as if it were a party hereto.
- Applicable Law
These Terms and Conditions shall be governed and construed in accordance with the laws of the United Arab Emirates.
- Dispute Resolution
Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the Arbitration Rules of the DIAC Arbitration Centre (“Rules”), which Rules are deemed to be incorporated by reference into this clause. Arbitration proceedings shall take place in the Emirate of Dubai and be conducted by one (1) arbitrator in accordance with the Rules. The arbitrator’s decision and award is final and binding, and judgment on the award may be entered in any court of competent jurisdiction. The prevailing party shall be entitled to recover its costs and reasonable attorney's fees, as determined by the arbitrator.
Notwithstanding the foregoing, we shall be entitled to initiate proceedings before any court of law in any jurisdiction whatsoever, to take precautionary measures in this respect, in order to preserve our rights.
- No Waiver
The failure of to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision, but shall continue and remain in full force and effect as if no forbearance had occurred.
If any part of these Terms and Conditions is found to be invalid by applicable law, the remaining parts shall remain valid and enforceable.
- Entire Agreement