BY USING THIS WEBSITE, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS POLICY. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS POLICY, PLEASE DO NOT PROCEED FURTHER TO USE THIS WEBSITE.
The type of data or information that You share with or provide to EARTHWARE and that EARTHWARE collects from You;
The purpose for collection of such data or information from You;
EARTHWARE’s information security practices and policies;
EARTHWARE’s policy on sharing or transferring Your data or information with third parties.
COLLECTION OF INFORMATION
Your privacy is important to us and we have taken steps to ensure that we do not collect more information from you than is necessary for us to provide you with our services and to protect your account
Information including, but not limited to, user name, address, phone number, fax number and email address (“Registration Information”) may be collected at the time of user registration on the website.
In connection with any transaction and payment services or services under our buyer protection schemes we provide on the Website, information, including but not limited to, bank account numbers, billing and delivery information, credit/debit card numbers and expiration dates and tracking information from cheques or money orders (“Account Information”) may be collected to, among other things, facilitate the sale and purchase as well as the settlement of purchase price of the products or services transacted on or procured through the website.
We record and retain details of users’ activities on the website. Information relating to such transactions including, but not limited to, the types and specifications of the goods, pricing and delivery information and any trade dispute records (“Activities Information”) may be collected when sale and purchase transactions are conducted on or facilitated through the website.
We record and retain records of users’ buying and browsing activities on our platform including but not limited to IP addresses, browsing patterns and buyer behavioral patterns. In addition, we gather statistical information about the website and visitors to the website including, but not limited to, IP addresses, browser software, operating system, software and hardware attributes, pages viewed, number of sessions and unique visitors (together “Browsing Information”).
Registration Information, Account Information, Activities Information and Browsing Information generally relate to business entities and are together referred to as business (“Business Data”). Insofar and only insofar as they constitute personally identifiable data of living individuals, such information are together referred to as personal data (“Personal Data”).
We do not store any messages, photos, videos or documents from your chats/emails through our servers.
You hereby represent to EARTHWARE that the Information You provide to EARTHWARE from time to time is and shall be authentic, correct, current and updated and You have all the rights, permissions and consents as may be required to provide such Information to EARTHWARE.
Your providing the Information to EARTHWARE and EARTHWARE’s consequent storage, collection, usage, transfer, access or processing of the same shall not be in violation of any third party agreement, laws, charter documents, judgments, orders and decrees.
USE OF TECHNOLOGY
EARTHWARE collects, uses, stores and processes Your Information for any purpose as may be permissible under applicable laws (including where the applicable law provides for such collection, usage, storage or processes in accordance with the consent of the user) including the following (“Purposes”):
to facilitate Your use of the Website;
to respond to Your inquiries or fulfil Your requests for information about the various products and services offered on the Website;
to provide You with information about products and services available on the Website and to send You information, materials, and offers from EARTHWARE;
to send You important information regarding the Website, changes in terms and conditions, user agreements, and policies and/or other administrative information;
to send You surveys and marketing communications that EARTHWARE believes may be of interest to You;
to personalize Your experience on the Website by presenting advertisements, products and offers tailored to Your preferences;
to help You address Your problems incurred on the Website including addressing any technical problems;
if You purchase any product or avail of any service from the Website, to complete and fulfil Your purchase, for example, to have Your payments processed, communicate with You regarding Your purchase and provide You with related customer service;
for proper administering of the Website;
to conduct internal reviews and data analysis for the Website (e.g., to determine the number of visitors to specific pages within the Website);
to improve the services, content and advertising on the Website;
to facilitate various programs and initiatives launched by EARTHWARE or third party service providers and business associates;
to analyse how our services are used, to measure the effectiveness of advertisements, to facilitating payments;
to protect the integrity of the Website;
to respond to legal, judicial, quasi-judicial process and provide information to law enforcement agencies or in connection with an investigation on matters related to public safety, as permitted by law;
to conduct analytical studies on various aspects including user behaviour, user preferences etc.;
to permit third parties who may need to contact users who have bought products from the Website to facilitate service and any other product related support;
to implement information security practices;
to determine any security breaches, computer contaminant or computer virus;
to investigate, prevent, or take action regarding illegal activities and suspected fraud;
to undertake forensics of the concerned computer resource as a part of investigation or internal audit;
to trace computer resources or any person who may have contravened, or is suspected of having or being likely to contravene, any provision of law including the Information Technology Act, 2000 that is likely to have an adverse impact on the services provided on any Website or by EARTHWARE.
You hereby agree and acknowledge that the Information so collected is for lawful purpose connected with a function or activity of EARTHWARE or any person on our behalf, and the collection of Information is necessary for the Purposes.
DISCLOSURE OF PERSONAL DATA
You further agree that we may disclose and transfer your Personal Data to service providers engaged by us to assist us with providing you with our services (including but not limited to data entry, database management, promotions, products and services alerts, delivery services, payment extension services, and membership authentication and verification services) (“Service Providers”). These Service Providers are under a duty of confidentiality to us and are only permitted to use your Personal Data in connection with the purposes specified above, and not for their own purposes (including direct marketing).
When necessary we may also disclose and transfer your Personal Data to our professional advisers, law enforcement agencies, insurers, government and regulatory and other organizations for the purposes specified at B.9 above.
Any Personal Data supplied by you will be retained by us and will be accessible by our employees, any Service Providers engaged by us and third parties referred to above, for or in relation to any of the Purposes.
All Voluntary Information may be made publicly available on the website and therefore accessible by any internet user. Any Voluntary Information that you disclose to us becomes public information and you relinquish any proprietary rights (including but not limited to the rights of confidentiality and copyright) in such information. You should exercise caution when deciding to include personal or proprietary information in the Voluntary Information that you submit to us.
We may share your Account Information with banks or vendors to enable your transactions on the website to be completed. In addition, we may use your Account Information to determine your creditworthiness and, in the process of such determination, we may need to make such Account Information available to banks or credit agencies. While we have in place up-to-date technology and internal procedures to keep your Account Information and other Personal Data secure from intruders, there is no guarantee that such technology or procedures can eliminate all of the risks of theft, loss or misuse.
We may provide statistical information to third parties, but when we do so, we do not provide personally-identifying information without your permission.
The website and their contents are not targeted to minors (those under the age of 18) and we do not intend to sell any of our products or services to minors. However, we have no way of distinguishing the age of individuals who access our Site. If a minor has provided us with personal information without parental or guardian consent, the parent or guardian should contact our Legal Department at the address set out in paragraph D above to remove the information.
We employ commercially reasonable security methods to prevent unauthorized access to the website, to maintain data accuracy and to ensure the correct use of the information we hold. For registered users of the website, your Registration Information and Account Information (if any) can be viewed and edited through your account, which is protected by a password. We recommend that you do not divulge your password to anyone. Our personnel will never ask you for your password in an unsolicited phone call or in an unsolicited email. If you share a computer with others, you should not choose to save your login information (e.g., user ID and password) on that shared computer. Remember to sign out of your account and close your browser window when you have finished your session. No data transmission over the internet or any wireless network can be guaranteed to be perfectly secure. As a result, while we try to protect the information we hold for you, we cannot guarantee the security of any information you transmit to us and you do so at your own risk.
USER DISCRETION AND OPT OUT
You agree and acknowledge that You are providing Your Information out of Your free will. Subject to certain exceptions prescribed by law and provided EARTHWARE can authenticate Your identity, You can contact EARTHWARE at email@example.com or send mail to EARTHWARE HQ, 322, 2nd Cross, 2nd Block, RMV 2nd Stage Bangalore 560094:
Access, verify, correct, update, amend, restrict, object to, or later on withdraw Your consent delete any personal information EARTHWARE has about You.
Review the information EARTHWARE retains, how it has been used, to whom EARTHWARE has disclosed such information to.
Opt to transfer Your personal data.
Change preferences regarding how Your personal information is disclosed.
Notify EARTHWARE if You do not want Your data to be processed anymore.
Notify EARTHWARE if You do not wish to receive further communication from EARTHWARE.
We will respond to such requests in reasonable time within the time limits established by the applicable law. In accordance with the applicable laws, we reserve the right to charge you a reasonable fee for the processing of any data access or correction request.
In the event that You opt out, You should neither visit the Website nor use the services provided by EARTHWARE nor shall You contact EARTHWARE. Further, EARTHWARE may not deliver products to You, upon Your order, or EARTHWARE may deny You access from using certain services offered on the Website.
Postal address: VISFOR TEC PRIVATE LIMITED
EARTHWARE HQ, 322, 2nd Cross, 2nd Block, RMV 2nd Stage Bangalore 560094:
Telephone number: (+91) 9886151567 / 7676443837/ 080-28388957
Terms and conditions
This site is earthware.green website (hereinafter referred to as “the website”). The auctions and related services are provided by Visfortec Pvt Ltd (hereinafter referred to as “earthware”) on the website. Earthware is an service provider mandated by the seller/buyer to facilitate virtual auction by the seller/buyer. The website is an online auction platform, a virtual marketplace for sellers/buyers to conduct sale/purchase of eco friendly packaging materials and for bidders to make/place bids/offers on such Eco friendly Packaging materials items / residues / assets.
Note: By registering you agree to receive SMS promotions for new auction alerts. If you want to unsubscribe please contact us on firstname.lastname@example.org
- License grant & ownership
- License. Subject to the terms and conditions of this agreement, and until termination of the agreement, earthware grants you a non-exclusive, non-transferable, limited license to view or print the content in this site without alterations, for personal, non-commercial use only.
- Ownership. All content on the site is (and will be) owned exclusively by earthware, and the copying, redistribution, use or publication of any such content or any part of the site is prohibited. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your site use.
- This agreement shall continue to be in full force and effect for so long as you are using the services and the website. Earthware provides the online auction platform wherein the users can sell, purchase, bid and buy or bid and sell theca friendly packaging / residue / assets listed on the website in accordance to the terms and conditions set forth below.
- Disclaimer of warranties and limitation of liability
- This site and all information, content, materials, products (including software) and services included on or otherwise made available to you through this site are provided on an “as is” and “as available” basis, unless otherwise specified in writing.
- You expressly agree that your use of this site and or its contents and services are your total responsibility and at your sole risk.
- Visfortec Pvt Ltd (earthware ) makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, products (including software) or services included on or otherwise made available to you through this site, unless otherwise specified in writing.
- To the full extent permissible by applicable law, owners disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
- Earthware does not warrant that this site; information, content, materials, products or services made available to you through this site; their servers; or e-mail sent will meet your requirements, or that this site or its content will be uninterrupted, timely, secure, or error free, or that defects if any will be corrected. Are free of viruses or other harmful components.
- Earthware will not be liable for any damages of any kind arising from the use of this site or from any information, content, materials, products or services included on or otherwise made available to you through this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.
- Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. So some of the above exclusions may not apply to you.
- Restrictions on use: you agree not to post or send to the site any virus, bug or any other harmful content and/or transmit or post any unlawful, harassing, obscene or fradulent information including false advertisements of any kind. You also agree not to knowingly use any device, technique or software to impede with or attempt to interfrer with the proper working of earthware . You acknowledge not copying, publishing, distributing or using the site content other than those expressly permitted thereon. You also acknowledge for not to “ publish, perform, distribute, prepare derivative works, copy, reverse engineer, or use the content (other than as expressly permitted herein); post or transmit into or on the site any information in violation of another party’s copyright or intellectual property rights; take any action which imposes an unreasonable or disproportionately large load on earthware infrastructure; redeliver any of the content using “framing”, hyperlinks, or other technology without earthware’s express written permission; or, use any device or technology to provide repeated automated attempts to access password-protected portions of the site.
- Right to regulate & law compliance: You acknowledge that earthware has the right, but no obligation, to monitor the site and to disclose any information necessary to operate the site, to protect earthware , its customers and others, and to comply with legal obligations or governmental requests. Earthware reserves the right to refuse to post or to remove any information on the site, in whole or in part, for any reason. Law compliance. You agree to comply with all governmental laws, statutes, ordinances, and regulations (including unfair competition, anti-discrimination or false advertising) regarding your site use.
- Your site usage activities: you agree to keep your password confidential and to intimate earthware within 24 hours if the same is lost or compromised.you agree that earthware has the right but is not obligated to monitor the site and/or to disclose any and/or every information necessary to operate .
- Password and security: on your registration with earthware on the website, you will be allotted user identification (user id) by earthware and you will be prompted to select/enter a password. User is solely responsible for all use and for maintaining and protecting the confidentiality of its user id and user password.
- Password-protected areas: If you are allowed access to password-protected areas of the site, you agree to keep your password confidential, to send notice to earthware within 24 hours if your password is compromised. You acknowledge that earthware neither endorses nor is affiliated with any linked-site and is not responsible for any information that appears on the linked-site. You acknowledge that:
- The internet is a network of computers worldwide, and that any information submitted by you to earthware necessarily is routed via third party computers to earthware,
- Earthware is not responsible for lapses in online security and does not assume liability for improper use of your information by a third party.
- Applicability & cooperation : earthware reserves the right to limit the provision of any product or service to any person, geographic area or jurisdiction as it so desires, or as required by law. Earthware in its sole discretion may add, delete or change the content at any time, without notice to you.
- Contacting us : should you desire to contact earthware , you may do so at: email@example.com
- Your account : if you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
- Seller/buyer – seller/buyer referred to in this agreement is any real individual or legal entity who wishes to sell/buy his/her/its products / residues / assets through internet driven online auctions on the website and who has mandated earthware to provide the website and other related support services.
- Bidder – any legal entity who is registered with earthware and who makes or places a bid on the website to buy/sell the listed products / residues / assets either in part or in full is considered as a bidder. One individual can represent as a bidder on his own behalf and on behalf of other legal entities provided he registers with earthware separately in those capacities.
- Successful bidder is that bidder in whose name sale certificate or purchase order is issued by the seller/buyer.
- User – any legal entity who uses the website and/or the related services provided by earthware is considered as a user.
- Agreement – the terms and conditions, together with any additional terms and conditions specific to a particular online auction event on the website (which can be found through one or more links on the website for the auction in question) constitute the agreement.
- Online bidding event – an online bidding event is a process for price determination through competitive interaction between bidders on the website. Online bidding events initiated by the seller are known as forward auctions and those initiated by the buyers are known as reverse auctions.
- On accessing the website or using the services provided by earthware or by registering either as a buyer/ seller / user you agree that you have read the terms and conditions including the terms and conditions specific to a particular online auction event. You are bound by these terms and conditions including those specific to a particular online auction event
- Modifications to website, services and terms and conditions: earthware reserves the right to modify, amend, suspend or discontinue any aspect of the services or the website at any time without notice.
- Earthware reserves the right to amend any or all of the terms and conditions without notice at any time at its sole discretion and announce the same on the website. Accessing the website and/or using the services shall constitute acceptance of the terms and conditions including the amendments.
- General terms and conditions:
- Participation and bidding in the auctions on the website shall be treated as conclusive evidence of the fact that the bidder has inspected the product / residue / assets and the related documents pertaining to the auction and is satisfied in all respects regarding the quality, quantity, condition of the assets, taxes and duties, and other extraneous factors and the principle of caveat emptor (let the bidder beware) will apply. It shall also imply that the bidder has carefully gone through the terms and conditions, including amendments, if any, prevailing at the time of auction. No objections or complaints will be entertained once the bid is placed.
- All products / residue / assets sold/bought on the website are on “as is where is basis” and “no complaint basis”.
- Earthware does not give warranty or guarantee of the quality, quantity, measurement, condition, and chemical composition of the assets and about its “end use” or fitness for a particular purpose.
- Communication : user consents to receive communication from earthware by electronic mail, short messaging services on their mobile phones, by phone calls or by posting notices on the website.
- Online bidding: time extension – if any market-leading bid (bid higher/lower than the highest/lowest at the point in time) is received in the last specified minutes (time extension as mentioned in the bidding room / website will apply and) of closing time, the closing time will be extended automatically by these specified minutes.
- Bids – all bids placed are legally valid bids and are to be considered as bids from the bidder himself. Once the bid is placed, the bidders can modify the bid to compete with others. The highest/lowest and the latest valid bid on the auction shall supersede all the previous bids of the bidder. Bidders may please note that in the event of a manual bid amount matching that of auto bid, the manual bid will prevail and be considered.
- Auto bid:
- A. Auto bid facility is provided for bidders intending to place a maximum value for a lot/lots.
- Auto bid is not a confirmed bid. It is only the maximum ceiling amount set by the bidder to enable the auction software to place bids on his behalf, whenever he is outbidded, upto the ceiling set by him.
- Once auto bid is set, the auction software will consider the ceiling amount for the next possible bid only, depending on the highest bid prevailing at that point of time and the increment amount prescribed for that particular lot.
- Bidders may please note that in the event of a manual bid amount matching that of auto bid, the manual bid will prevail and be considered.
- Termination :earthware expressly reserves the right to terminate the use of, or to refuse to permit the use of, the services and the website by any person or entity, at the sole discretion of earthware , for any reason and without notice.
- Force majeure: earthware shall not be liable for any failure or delay in performance due to any cause beyond its control including natural disasters, earth quakes, floods, fire, explosion, accidents, epidemics, quarantine restrictions or any other act of public enmity including but not restricted to any business compulsion or shutdown /breakdown of website, block of passage, revolution, riots, civil commotion, hostility, sabotage, quarantine restrictions, act of god and acts of government, strikes, embargoes, go-slow, lock-out, closure, theft, dislocation of normal working conditions, internet or network non-availability, accident, war, riots, civil commotion, political upheaval, break-down of machinery, any terrorist activity, any natural calamity, adverse weather or climatic condition, or any other causes or conditions beyond the control of AOSPL, whether directly due to or in consequence of the aforesaid causes and the existence of such causes or consequences shall operate to extend the time of performance till the cause of delay shall have ceased to exist.
- Earthware runs its business on the basis of a web site. Earthware is outsourcing server space from a third party hosting company and hence shall ensure the smooth running in all good faith and intention. However earthware will not be held responsible for any failure of power, network, server, hosting server, internet connectivity, isp or otherwise at seller / bidder’s end or at earthware directly or indirectly affecting online method of bidding.
- Earthware takes no responsibility of the quality, quantity, documentation details of buyers/sellers. Both the buyers & sellers agree to defend indemnity and hold harmless. Earthware from any loss, damage, cost and expenses caused by any reason during the transactions on the website. In no event shall earthware be liable for any loss for the transactors by business, revenues, profit, costs direct and incidental, consequential or punitive damages of any claim. Both the parties agree to have discussed all the related matter regarding the transactions and have understood in full that earthware has provided a source of supply and has nothing to do any further especially with regards to quality, warranty, guarantees, delivery schedules, payments, rejections, transportation, legal laws and regulations to be followed from time to time etc. Since earthware does not possess knowledge base of the Products / residue / assets under transaction both the parties agree that the matter contained in the Products / residue / assets as a part or as a whole does not violate any applicable law. Earthware is only an service provider, and is not and cannot be a party to or control in any manner any transactions between the seller/buyer and the bidder.
- Breach of statutes: irrespective to any other clause mentioned in this terms and conditions, buyer / seller both shall indemnify Earthware against all penalties and liabilities of every kind of breach of any statutes, ordinances, rules and regulations or by laws as may be applicable for and in the execution of the services.
- The seller/bidder agrees to limit the liability of Earthware to them for any and all claims, losses, costs, damages of any nature whatsoever or claims expenses from any cause or causes, including attorneys’ fees and costs, so that the total aggregate liability of Earthware to the seller/bidder shall not exceed fifty percent of it’s total fee receivable from the seller/bidder. It is intended that this limitation apply to any and all liability or cause of action however alleged or arising, unless otherwise prohibited by law.
- Governing law and jurisdiction: this agreement is governed and construed in accordance with the laws of union of india. Users hereby irrevocabley consent to the exclusive jurisdiction and venue of courts in Bangalore , India in all disputes arising out of or relating to the use of the services and the website.
- Users agree to indemnify and hold Earthware and its officials and employees harmless from any claim, demand or damage asserted by any third party due to and arising out of use of services and the website.
- Termination: notwithstanding anything hereinabove contained, in the event of Earthware being adjudicated insolvent, or being a company resolved or ordered to be wound up, then in such event, the contract shall automatically stand terminated and in the event of breach, default or violation of any of the terms and conditions hereof by Earthware for any reasons whatsoever, all parties / users / buyers / sellers shall be at liberty to terminate this contract forthwith and without prejudice to all other rights and claims of other party under this contract or otherwise in law against the contract / order and either party shall not be entitled to any claim for loss, compensation or damages arising out of any such early termination.
- Arbitration:Subject To Bangalore Jurisdiction
- Governing law & jurisdiction: this contract shall be in all respects be deemed and constructed in conformity with Indian laws and will be subjected to jurisdiction of Bangalore courts in the state of Karnataka only.
Shipping & Return Policy
What is the cost of shipping?
Shipping is charged as per your delivery Location. Charges for the same are visible on placing an order.
How long will it take for the order to reach me?
Please refer the product page for estimated shipping and delivery timelines. From the time of order placed, it takes about 5-7 days for domestic orders Due to Covid, and any lockdowns Deliveries may be delayed. Rest assured we make sure your order is delivered to you at the earliest.
If you have placed an order with multiple items, please note that your items may arrive in multiple shipments. The estimated delivery times are indicative, and, on some occasions, there might be some unavoidable delays beyond our control. We will keep you informed in case of any delays.
What can I do if my order dispatch is delayed?
We will try our best to get your products to you within the estimated delivery times. If the package has not reached you by the expected delivery date, please write to firstname.lastname@example.org and we will try our best to resolve your issues.
My order has been shipped. Can I track it?
For orders within India, once your order has been dispatched, you can track the order from My Order section.
You can track the status of your package 24 hours after your order is dispatched from our warehouse or vendor location
Returns, Refunds, Cancellations and Exchanges
What is the return policy on earthware.green?
Our products are disposable items. You can return and replace an order if your product in unopened and unused only. Charges for the same are applicable There are some items that are Made to order which are not eligible for returns. The return and exchange policy for every product is clearly mentioned on the product page. If the product is eligible for return/ replacement, you can raise the return/ replacement request from My Order section in App within 7 days of delivery to request return and replacement. Only products which are unused, unwashed, undamaged, with all its labels and tags completely intact, in original packaging and eligible for return only can be returned/ replaced.
How are returns processed?
Once you request to return a product, a pick up is organised for the item. Our courier partners will come to pick up the item within 3-5 business days after your return request has been received. Once pickup is done, your refund will be initiated from our end.
Can I cancel my order?
You can cancel your order within 4 hours of order through My Order section or by writing to us at email@example.com
**earthware reserves the right to cancel any order without pre-confirming the customer at any time and may verify any order before shipping the same to the customer that may include having a verbal or written confirmation from the customer.
How will I receive the refund for my cancelled or returned product?
In case of prepaid orders, money will be returned to the bank account/ credit/debit card where the payment was made from. For Cash on Delivery orders customers will be required to provide bank details/UPI ID where they would like to receive the refund.
How long does it take to receive a refund for a cancelled order or returned product?
We will process your refund within 3 business days in case of cancellation of an order. In case of returns, we will refund the money after the product has been picked up by our courier partner.
Can I return part of my order?
Yes. You can return any products that are eligible for returns within 1 day of delivery. Please do note there are some items that are not returnable or exchangeable.