Billing Terms & Conditions

Who we are

We are KG Physio Ltd, a company registered in England and Wales under registered number 09233594 whose registered office is at Wisteria Grange Barn, Pikes End, Pinner, Middlesex HA5 2EX, United Kingdom. We are the owner and operator of the owner and operator of www.earthspearl.com, amongst other sites that we operate (each a Site).

These Terms and Conditions apply to the following: (i) any purchase of goods that you (the Customer) make from us via any Site; and (ii) your procurement of any Services (as defined below).

These are the billing terms on which we propose to sell the Goods and provide the Services to you, the reader of these Terms and Conditions, and once a Contract has been formed, the Customer. By ordering any of the Goods or procuring any of the Services, you agree to be bound by these Billing Terms and Conditions.

 

How to get in touch with us

You can contact us by emailing info@earthspearl.com.

You can write to us at: KG Physio Ltd. Wisteria Grange Barn, Pikes End, Pinner, Middlesex HA5 2EX, United Kingdom.

In these Terms and Conditions, the following terms have the following meanings unless defined elsewhere or the context requires otherwise:

  • Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;

  • Contract means the legally binding agreement between you and us for the supply of the Goods;

  • Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;

  • Goods means any goods that we supply to you with the Services, of the number and description as set out in the relevant Order;

  • Order means the Customer’s order for the Goods or Services from the Supplier as submitted following the step-by-step process set out on the Sites;

  • Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Sites; 

  • Services are the services advertised on the Sites from time to time, including without limitation certain shipping services, and which are ordered by a Customer pursuant to an Order; and

  • Shipping Location means the Supplier’s premises or other location where the Goods are to be supplied, as set out in the Order;


      Goods & Services

      Conformity and description of Goods. We take every care to ensure that the description and specification of the Goods are correct on the Site. However, specifications and descriptions of goods on such Site are not intended to be binding and are intended only to give a general description of such Goods. Furthermore, while the colour reproduction of the Goods is a close representation, we cannot accept any responsibility for any variation in colour caused by the browser software or computer system used to view the Goods.

      Service Availability. All Services which appear on the Sites are subject to availability. For further information, refer to the terms of use of the Site.

      Changes to Services. Any services advertised on the Sites are subject to change from time to time without notice. Once a Contract has been formed with a Customer,  we may make changes to the Services which are necessary to comply with any applicable law or safety requirement. We will notify you of any such changes by email at the address set out in the relevant Order.

       

      Placing an Order

      How to place an Order. The Customer may place an Order via the Site. If the Customer does so, it should follow our check-out procedure, during which they will be required to enter relevant contact details, shipping and billing information. Customers should check orders carefully before placement, which can be done by clicking the “Place Order” or “Pay Now” button. The Supplier shall not be liable under any circumstances for errors made by the Customer.

      The description of the Services and any Goods in our Sites does not constitute a contractual offer to supply either the the Services or Goods. When an Order has been submitted on the Sites, we can reject it for any reason, although we will try to tell you the reason without delay.

      The Order process is set out on the Sites and subject to these Terms and Conditions. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.

       

      Acceptance of your Order

      Our acceptance of a Customer’s Order will take place when that Customer receives an email confirmation (Order Confirmation) at which point a Contract will be formed between you and us. The Customer agrees and undertakes to provide current, complete and accurate purchase and account information for all purchases made on our Sites. 

      The Customer agrees and undertakes to promptly update its account and other information, including your email address and credit card numbers and expiration dates, so that the Supplier can complete relevant transactions and contact the Customer as needed. By placing an Order, the Customer agrees to allow the Supplier to deliver confirmation of the Contract by means of an email with relevant information in it (the Order Confirmation). The Customer will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the shipping of any Goods supplied under the Contract.

      If we are unable to accept your Order, we will inform you of this at the time of Order or within a reasonable time thereafter and will not charge you for the Goods. Examples of why we might reject an order include the following: Goods are out of stock, unexpected limits on our resources which we could not reasonably plan for, errors in the price or description of the Goods or inability to meet a specified shipping deadline. We reserve the right to refuse any Order you place with us for any reason. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per Order. These restrictions may include, without limitation, orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. We also reserve the right to limit or prohibit proposed Orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

      In the event that we make a change to or cancel an Order under such circumstances, we shall notify you by contacting the e-mail and/or billing address/phone number provided you have provided to us at the time the Order was made. For more detail, please review our delivery, returns and refund policy.

       

      Price & Payment

      Where to find the price of the Goods. The price of the Goods (including any applicable sales or other ad valorem taxes (Sales Tax) and any additional shipping or other charges is set out on the relevant Site at the time we accept the Order or such other price as the Customer and the Supplier subsequently agree in writing.

      We will pass on changes in the rate of Sales Tax. Sales Tax will be applied to the purchase of the Services and/or the Goods at the rate applicable in the relevant location at the time of formation of the Contract.

      When will payment be taken? The Customer must pay by submitting their credit or debit card details during the Sites’ checkout process or via an alternative payment method, such as Paypal. Payment is taken when the Contract is formed.

      What happens if we get the price wrong? It is possible, from time to time, that some of the Goods we sell may be incorrectly priced. If we accept and process your Order where a pricing error is present and could reasonably have been recognised by you as being incorrect, we may terminate the Contract. Subject to our returns policies here. We will refund any sums you have paid and require the return of the Goods provided.

       

      Shipping Policies

      Shipping Destination. Please refer to the shipping and returns page on the Sites for further details about which countries we ship to.

      Shipping Costs. Depending on the Services you select shipping may be included. If the Customer selects a premium or paid-for shipping option, the Customer will bear costs of such shipping. The price for shipping will be calculated by the Supplier at the time of formation of the Contract.

      Timing of shipping of the Goods. The timing of shipping of the Goods will depend on the shipping method you select during the Site’s checkout process. Please refer to the shipping and returns page on the Site here for further information.

      Delays to shipping. If the shipping of items you have ordered is outside of our reasonable control (for example, bad weather, civil unrest, Act of God, etc.), we will inform you as soon as possible. The Supplier cannot be held responsible for delays to the shipping of Goods outside of its reasonable control.

       

      Refund & Returns Policy

      How long do I have to return my item? We offer returns for 30 days from the date of the shipping of the Goods (the Withdrawal Period). Once the Withdrawal Period has expired, we cannot offer a refund or exchange. This does not affect your statutory rights.

      Informing us you wish to return Goods. Please inform us you wish to end the Contract by emailing our customer service team directly using info@earthspearl.com. Please provide your Order number and name for verification by our team.

      Returns Eligibility. In order to be eligible for a refund, you should provide proof of return shipping within the Withdrawal Period. Goods should be returned in a good condition and in their original packaging in order to be eligible for a refund. We do not give refunds on used Goods or at all on certain goods (e.g. underwear / food) for hygiene reasons. We reserve the right to refuse any returns if: (i) any signs of wear are present; (ii) parts of the item are missing; and/or (iii) any plastic seals and/or tags on the item have been removed. We aren’t able to accept any returns that have been used and which are not faulty.

      Return Shipping Costs. Please note you are responsible for the cost of returning the items to our warehouse. The warehouse address is shown below.

       

      Loss or Damage to Goods

      Exclusions of losses: We shall not be liable for any indirect or consequential of any kind nor shall we be liable for any loss or damage that was not foreseeable at the time of formation of the Contract. 

      Condition of Goods on delivery: On delivery, the Goods will be of satisfactory quality, reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract and will conform to their description.

      Consumer Contract: We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If you are purchasing Goods or Services other than as a Consumer, different terms and conditions apply. We will provide you with such terms once you notify us of the fact that you are entering into a contract with us other than as a Consumer. These terms are tailored to the particular circumstances of business-to-business contracts and in some respects may be more advantageous to you. 

       

      How To Return Your Items

      Introduction. Once you have informed us of your wish to return Goods, you must return them in a good condition and in their original packaging to us at Jarius J. 1101 W Hamilton Street Suite 318 Allentown, PA 18101 United States. Items sent back to us without first requesting a return will not be accepted. 

      Once your return is approved, please prepare your item for shipping. Put the item in its original packaging and wrap it securely. Clearly display the following returns address to the outside of your package – Jarius J. 1101 W Hamilton Street Suite 318 Allentown, PA 18101 United States. 

      All returned Goods must be posted by to us prior to the end of the Withdrawal Period. We reserve the right to require proof of return shipping before we process any refunds.

      Select a courier of your choice to return your Order to us: you may return the Goods in whatever way you choose. For example, you may wish to visit Parcel Monkey. Here you will find an assortment of couriers to use with varying price ranges, most of which are very reasonable. Please note we do not cover the cost of returns. Please keep your proof of postage as we may ask to see it before we process your refund.

      Inspecting returned Goods. Once your item is received at our warehouse it will be inspected to ensure that it meets our returns eligibility criteria outlined below.

      Refunds. Following a successful inspection of your return we will process a refund. For further information, please see our refunds policy here.

      How will I receive my refund?  Following a successful inspection of your return we will process a refund to the credit / debit card or PayPal account which was used to place the original Order. Further information on refunds can be found on our refunds policy here.

      When will I receive my refund? Please allow 5 working days for the refund to appear on your statement. Further information on refunds can be found on our refunds policy here.

      I haven’t received my refund. If you haven’t received a refund yet, please check your statement again, these incoming payments can be overlooked. If you cannot see the transaction, please contact your card issuer company, it may take some time before your refund is officially posted. If you’ve done all of this and you still have not received your refund yet, please contact us at info@earthspearl.com.

       

      Complaints

      Any complaints about us, the Goods or the Services should be directed to our customer support team. Please email: info@earthspearl.com. We will contact you as soon as we can to attempt to resolve your complaint.

       

      Other

      These billing terms and conditions are subject to change without notice.

      Your use of the Sites and your placement of an Order indicates you accept these Terms and Conditions. Use of the Sites is governed by English law.

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