Terms & Conditions

About Us Earth Squared takes great pride in our standard of service and quality of products. If you have any suggestions or comments please email us at sales@earthsquared.com.

Our contact details:
Earth Squared Limited
Haddington House
28 Sidegate
Haddington
East Lothian
EH41 4BU

Tel: 01620 824392
Fax: 01620 824490

Email: sales@earthsquared.com

We thought it might be useful to set out the following basics for trade customers which should be read in conjunction with the Terms and Conditions and Terms of Service detailed more fully hereafter.

This website is for genuine trade customers only. Minimum order £100 ex VAT. Carriage for mainland UK customers is charged at £10. Orders over £250 ex VAT are carriage paid. Carriage for customers in the Republic of Ireland and the European Union is charged at £15. Carriage for European (non-EU) countries is charged at £40. Carriage for all other overseas customers will be confirmed at time of ordering.

Payment terms for account customers are 28 days from date of invoice. We reserve the right to charge interest on late payments in terms of the Late Payment of Commercial Debts legislation. The law of Scotland shall apply. Otherwise payment must be made at time of ordering. New accounts may be set up at our discretion subject to trading history and references. Please note that in all cases all goods remain the property of Earth Squared until paid for in full.

Terms & Conditions

We are delighted to welcome you to our website. We have set out below our terms and conditions to which the access and use of this website and the products and services available through this website (collectively, the "Services") are subject (the "Terms of Service"). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service. Please note that reference to Earth Squared in the Terms of Service and elsewhere on this website means Earth Squared Limited.

Access to this website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason all or part of this website is unavailable at any time or for any period.

This website may contain links to other websites, which are not operated by Earth Squared (the "Linked Sites"). Earth Squared has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.

Making A Purchase: Making a purchase could not be easier. Using the 'Log-in' box please enter your name and password (please contact us should you require log-in details). Thereafter just browse our store, and add any items that you wish to buy into the shopping basket. After you have finished your selection, click on 'Checkout' and you will be asked for a few details that we need to be able to complete the order. By placing an order you are offering to purchase a product on and subject to these terms and conditions. All orders are subject to availability and confirmation of the order price.

You will be sent an email confirmation of the order to indicate that we have received your order. Please note that it does not indicate that a contract exists between us. By completing and submitting the electronic order form you are making an offer to purchase goods which, if accepted by us, will result in a binding contract. We will indicate acceptance of your order, and hence a contract between us, when we send you confirmation of same. We have included this term to protect us in the case that a mistake has been made in pricing, we have inadvertently under-priced or inaccurately described goods, or we are no longer able to supply a particular product for some reason. In the case of a change of price, we will give you the option of reconfirming your order at the correct price or cancelling it. In the event that the order is cancelled as a result of this clause and you have already paid for the goods, you will receive a full refund.

All prices are exclusive of Value Added Tax "VAT" - for EU customers we will require your VAT registration number if goods are to be zero rated. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost' - further information on delivery can be found under "Delivery Details". For orders to be delivered outwith the UK/Europe we shall contact you to confirm any additional delivery charges before your order is despatched

In order to contract with Earth Squared Limited you must be a genuine trade customer and possess a valid credit or debit card issued by a bank acceptable to us. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. All prices advertised are subject to change.

If, for any reason, payment cannot be made at time of ordering we can take credit/debit card payments over the phone on 01620 824 392. We also accept BACS payments and cheques but unless you are an account customer your order will not be despatched until payment has been received by us in full.

Area Policy We use reasonable endeavours not to supply customers in the same postcode area. If as a customer, you do not place repeat orders within a 3 month period then we reserve the right to supply others in your area. Please note that we do not support the use of Ebay or other similar auction websites for the sale or advertisement of Earth Squared products.

Returns Policy We ask that you inform us phone or email within 24hrs if you wish to cancel your order. We reserve the right to charge a 20% restocking fee if your order is cancelled after the time limit. Orders cannot be cancelled once they have been despatched.

You shall inspect the goods immediately upon receipt and shall notify us by phone, fax or email within 5 working days of delivery if goods are defective or damaged or of an incorrect quantity. We shall have no liability to make right the same if notification is not received within the specified time period. Subject to the foregoing we shall, at your option -

1) Make good any shortage or non-delivery
2) Replace any goods that are damaged or defective
3) Hold your account in Credit with the amount paid for the goods in question
4) Credit and refund the amount paid for the goods in question

Where a claim of defect or damage is made please return the products to us. You shall be entitled to a refund of any reasonable return postage charges. Please remember to ask for a certificate of posting when returning goods as we cannot be held responsible for goods lost or broken in return post.

Please note that we shall not be liable for any goods that have been damaged due to misuse or are returned without their original packing.

Other than for the aforementioned reasons or unless agreed otherwise we shall not accept returns.

Delivery Schedule We will normally despatch your order within two to three working days of confirmation of your order being sent to you. If there is likely to be a delay we will notify you when the order is received. Any guarantees or representations made on this website as to delivery times are limited to mainland UK deliveries. We trust you will appreciate that deliveries may be delayed by postal delays or other matters outwith our control for which we will not be responsible. For further information please click on the link to "Delivery Details".

Back Orders If your item is not in stock, we will advise you and place items on back order if requested to do so. You will not be charged carriage for items subsequently sent on back order.

Privacy Policy Earth Squared takes the protection of customer data seriously and does not disclose buyers' information to third parties other than when order details are processed as part of the order fulfilment. In this case, the third party will not disclose any of the details to any other third party. By using this website, you consent to our use of data provided by you in accordance with the requirements of the Data Protection Act 1998. You warrant that all data provided by you is accurate.

We will not sell your name, address, e-mail address, credit card information or personal information to any third party (excluding partners from whom you may have linked to our site) without your permission.

You must not misuse this Website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offence under the Computer Misuse Act 1990. Earth Squared will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

Cookies A cookie is a small information file that is sent to your computer and is stored on your hard drive. If you have registered with us then your computer will store an identifying cookie which will save you time each time you re-visit this site, by remembering your email address for you. You can change the settings on your browser to prevent cookies being stored on your computer without your explicit consent. If you turn off cookies, you will be unable to place orders or benefit from the other features that use cookies. Data collected by this site is used to:
a. Take and fulfil customer orders
b. Administer and enhance the site and service
c. Only disclose information to third-parties for goods delivery purposes

Communication & Marketing If you have made a purchase from us we may occasionally update you on our latest products, news and special offers via e-mail, post & telephone. You will also be given the opportunity to receive such communications from us. If you do not wish to continue to receive marketing from us and/or selected third parties please contact us.

Intellectual Property, Software and Content Please be aware that the intellectual property rights in all software and content (including in particular product images and descriptions) made available to you on or through this Website remains the property of Earth Squared Limited and are protected by copyright laws and treaties around the world. All such rights are reserved by Earth Squared Limited. You may use product images in connection with the advertisement, marketing, promotion and sales of Earth Squared products but not for any other purpose without our express permission. Such use of product images must at all times be fair, legal and done in a way that does not damage our reputation or take advantage of it. Unless authorised by us to do so, you are not otherwise permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website.

Earth Squared, Earth Squared Limited, "Fabulous and fair trade" and "Fab, funky and fair trade!" are trademarks belonging to Earth Squared Limited. No licence or consent is granted to you to use these marks in any way, and you agree not to use these marks or any marks which are colourably similar without the written permission of Earth Squared Limited.

Disclaimer of Liability The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law Earth Squared Limited and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect Earth Squared Limited's liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

Linking to this Website You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This website must not be framed on any other site, nor may you create a link to any part of this website other than the home page. We reserve the right to withdraw linking permission without notice.

Indemnity You agree to indemnify, defend and hold harmless Earth Squared Limited, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this website or your breach of the Terms of Service.

Variation Earth Squared Limited shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this website.

Invalidity If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

Waiver If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

Governing Law and Jurisdiction These terms and conditions are to be construed in accordance with the laws of Scotland and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the Scottish courts.

Entire Agreement The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Earth Squared Limited. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Earth Squared Limited.

Company Information Earth Squared Limited
Registered Office: Haddington House, 28 Sidegate, Haddington
East Lothian, Scotland, United Kingdom EH41 4BU

Company No. SC350156
VAT Registration No. 827656691