Information about Earth Sense Recycle Pvt. Ltd. & Using Our Online Shopping

These terms are not applicable to the Client’s Employees Purchase Program.

  1. Welcome to our online shopping platform. This online store and the website at www.earthsenseshopping.com (our website) are owned and operated by Earth Sense Recycle Pvt. Ltd. (ESS or we). For further details about ESS, please see the end of these terms.
  2. This page and any documents referred to on it outline the terms and conditions on which we supply any of the products listed on our website (Products). Please read these terms carefully before ordering any Products from our website as, by doing so, you accept these terms and conditions. By using this website, you are entering into legally binding contracts with ESS under the Indian Contract Act, 1872.
  3. The trademarks, names, logos, and service marks (collectively Trade Marks) displayed on this website are registered by Earth Sense Recycle Pvt. Ltd. Nothing contained on this website can be copied or altered by any individual, institution, or any other authority without the permission of Earth Sense Recycle Pvt. Ltd.
  4. You will need to click the box marked “Accept” during your purchase from our Online Shop to confirm your acceptance of these terms. If you do not accept these terms, you will not be able to order any Products from our website.
  5. You should print a copy of these terms for future reference and also review our Terms of Use, which outline how you can use our website.
  6. Prohibitions: You must not misuse this website. You will not commit or encourage a criminal offense, transmit or distribute a virus, trojan, worm, logic bomb, or any other material that is malicious, technologically harmful, in breach of confidence, or in any way offensive or obscene. You must not 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 accessed through this website. Breaching this provision would constitute a criminal offense, and Earth Sense Shopping will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

Product Details, Prices & Delivery

  1. We make every effort to be as accurate as possible in the product descriptions and prices. However, these may change due to circumstances beyond our control. Please note that prices on our website may vary from those in other shops and that all items are offered subject to availability at the time of ordering. Some products may be subject to specific terms and conditions, which will be detailed in the individual product description where applicable.
  2. We regret that we are unable to deliver any of our products outside India or the specific states of India as noted on the relevant webpage in the product details or in the brochures.
  3. If you are under 18 years old, you may purchase products only with the involvement of your parent or guardian.

How the Contract is Formed Between You and Us

  1. After placing an order, you will receive an email from us acknowledging that we have received your order and confirming whether or not we can accept that order. The contract between us (Contract) will be formed when we send you an acknowledgment email confirming our acceptance of your offer to purchase the Products.
  2. The Contract will relate only to those products indicated in the acknowledgment email. We will not be obliged to supply any other products that may have been part of your order until acceptance of your order for those products has been confirmed in a separate acknowledgment email.

Links & disclaimer

  1. 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. 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 permissions without notice.
  2. The website owner shall not be responsible for and disclaims all liability for any loss, liability, damage, personal injury, or expense of any nature, arising from any delays, inaccuracies, errors in, or omission of any price information or the transmission thereof, or whatsoever which may be suffered by you or any third party or institutions, as a result of or attributable, directly or indirectly, to your access and use of the website, any information contained on the website, your personal information, or material and information transmitted over our system. We may provide links on our website to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that products you purchase from companies to whose website we have provided a link on our website will be of satisfactory quality. This disclaimer does not affect your statutory rights against the third-party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third-party seller to proceed with the transaction.

Your rights as a consumer

  1. You may cancel a Contract at any time within 2 working days, beginning on the day after you receive the products. In this case, you will receive a full refund if the order is canceled within 24 hours of the price paid for the products in accordance with our refunds policy (set out in section 8 below). Similarly, you will receive 92% of your price paid as a refund if the order is canceled within 48 to 72 hours of its booking. However, if the order is canceled after three days, no refund will be allowed; instead, an exchange of the product is permitted.
  2. To amend or cancel a Contract, please contact ESS Mail Order by email at itsupport@earthsense.in or by telephone at +91 44 42014765, Toll-Free No. 18004190161, Mobile No. 8754540428. To cancel a Contract, you will also need to return the product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the products while they are in your possession. If you fail to comply with this obligation, we may have a legal right to claim compensation from you. Upon cancellation of the contract, you will receive a refund of 75% of the price paid in INR.
  3. This section does not affect your statutory rights as a consumer.

Availability, Delivery, Risk & Title

  1. We aim to process and ship your order within 3 working days of confirming your order. However, a grace period of three days may be required for mailing/transporting/delivery purposes. Should your order be delayed (such as when items are out of stock), we will contact you. If you have any queries regarding the shipping of your order, please contact us by email at query@earthsenseshopping.com or by telephone at +91 44 42014765, Toll-Free No. 18004190161, Mobile No. 8754575229.
  2. The products will be at your risk from the time of delivery, and ownership of the products will only pass to you when we receive full payment of all sums due in respect of the products, including delivery charges.

Price & payment

  1. The price of any products will be as quoted on our website (except in cases of obvious error), and prices include VAT, taxes, and delivery costs.
  2. Prices are liable to change at any time, but changes will not affect orders for which we have already sent you an acknowledgment email.
  3. Our website contains a large number of products, and it is always possible that, despite our best efforts, some of the products listed on our website may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a product’s correct price is less than our stated price, we will charge the lower amount when dispatching the product to you. If a product’s correct price is higher than the price stated on our website, we will normally, at our discretion, either contact you for instructions before dispatching the product or reject your order and notify you of such rejection.
  4. We are under no obligation to provide the product to you at the incorrect (lower) price, even after we have sent you an acknowledgment email if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a mispricing.
  5. Payment for all products must be by credit or debit card or net banking, limited to the laws of the land. We will charge your credit or debit card before we dispatch your order. However, the service charges will not exceed 2.5% of the price paid, varying by the payment method.
  6. Billing: Cash, credit memo, receipts, and invoices shall be issued by the owner of this website, Earth Sense Recycle Pvt. Ltd. No one else is legally nominated or franchised other than Earth Sense Recycle Pvt. Ltd.

Our Refunds policy

  1. While we hope you will be delighted with your order, if for any reason you are not completely satisfied, we will be happy to offer a refund, exchange, or replacement on products returned to us within 12 days of receipt, provided that returned products are in their original, unopened, and unused condition. Your statutory rights are not affected. Instructions for return will be included with your order.
  2. If you return a Product to us because you have canceled the Contract within the 12-day cooling-off period (see section 5.1 above), we will process your refund as soon as possible, and in any case, within 15 days of the date you provided notice of your cancellation. In this case, we will refund 75% of the price paid. However, you will be responsible for the cost of returning the item to us. You can exchange other products of the same value.
  3. Our products are not owned by us; they are marketed as second-hand or may be refurbished. The product guarantee will not exceed the specified time limit.
  4. We will usually process the exchange of defective products as early as possible, and in any case, within 30 days of the date we confirmed via email that you were entitled to an exchange.
  5. Refunds will be issued in INR using the same method originally used for your purchase.

Our liability

    1. We warrant that any Product purchased from us through our website is of satisfactory quality and reasonably fit for the purposes for which products of its kind are commonly supplied. However, as most of our products are refurbished and priced lower, we ensure that the quality of the products matches the description in the brochure or the photo on the website.
    2. Our liability to you (whether in contract, tort (including negligence), or otherwise) is limited to the purchase price of the Product you purchased. However, it will be limited to our liability to offer/exchange price mentioned on our price list.
    3. We will not accept liability for any indirect, special, or consequential losses, including (for example) loss of profits, revenue, contracts, data, or goodwill.
    4. These terms of use do not affect your statutory rights as a consumer.
    5. Nothing in these terms limits our liability for death or personal injury caused by our negligence or for any other matter for which it would be illegal for us to limit, or attempt to limit, our liability.

Written communications

Applicable laws require that some of the information or communications we send to you should be in writing. When using our website, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and acknowledge that all contracts, notices, information, and other communications we provide to you electronically comply with any legal requirement that such communications be in writing. This section does not affect your statutory rights.

Compliance

We operate a compliance handling procedure to resolve disputes when they first arise. Please let us know if you have any such complaints or concerns. Write to us as per the prescribed way mentioned in our communication part.

Notices

All notices given by you to us must be addressed to ESRPL at No.43/1, Besant Avenue Road, Adyar, Chennai, or by email to query@earthsenseshopping.com. We may give notice to you at either the email or postal address you provide to us when placing an order or in any of the ways specified in section 10 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an email is sent, or three days after the date of posting any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such a letter was properly addressed, stamped, and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.

Events outside our control

  1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract caused by events outside our reasonable control (Force Majeure Event).
  2. A Force Majeure Event includes any act, event, omission, or accident beyond our reasonable control, including (among others) terrorist attack, fire, flood, natural disaster, epidemics, impossibility of using public or private transport, or public or private telecommunications networks or the threat of any of these.
  3. Our obligations to you under any Contract are deemed suspended for the period the Force Majeure Event continues. We will have an extension of time for performance of our obligations for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

Other Matters

  1. We may transfer, assign, charge, sub-contract, or otherwise dispose of any Contract, but you may not do so without our prior written consent.
  2. If we fail to exercise any of our rights under any Contract, this will not amount to a waiver by us of those rights.
  3. If any part of these terms or any Contract is unenforceable, this will not affect the enforceability of any other part.
  4. We intend to rely upon these terms and any document expressly referred to in them in relation to the subject matter of any Contract.
  5. These terms, together with any document referred to in these terms, constitute the whole agreement between you and us.

Changes

  1. We may revise these terms of use at any time by amending this page. You should check this page from time to time to take notice of any changes we have made, as they are binding on you.
  2. Any Contract will be subject to the terms in force at the time that you order Products from us unless any change to these terms is required by law or governmental authority (in which case it may apply to orders previously placed by you).
  3. Our products do not carry the original manufacturer’s warranty or terms and conditions. The original manufacturer is not responsible or liable for the performance of any products.

Intellectual Property, Software & Content

The intellectual property rights in all software and contents (including photographic images) made available to you on or through this website remain the property of Earth Sense Shopping, Earth Sense Recycle Pvt. Ltd., or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Earth Sense Shopping, Earth Sense Recycle Pvt. Ltd., and its licensors. You are not permitted to publish, manipulate, distribute, or otherwise reproduce in any format any of the contents or copies of the content.

Law & jurisdiction

These terms and Contracts for purchasing Products through our website are governed by Indian law. Any dispute or claim arising from these terms or any Contracts will be subject to the exclusive jurisdiction of the Chennai courts, although we retain the right to bring proceedings against you for breaking these terms or any Contract in your state/UT of residence or any other relevant province.

About the ESS

Earth Sense Shopping is owned by Earth Sense Recycle Pvt. Ltd. This online sale program is a green initiative of Earth Sense Recycle Pvt. Ltd. for our 3R Principle (Reduce, Reuse & Recycle). Our primary objective is not trading but self-incentives for the recycling programs in India. Informal recycling leads to ill health for the country and its citizens. For the sustainment of formal recycling practices, maximizing product reuse instead of disposal or landfilling is essential. If you have concerns about material appearing on our website, please contact query@earthsenseshopping.com. If you have any products to discard or dispose of, please contact us at info@earthsense.in. Our representative will be in touch with you regarding gadget disposal.

Our Contact Details

E-mail: itsupport@earthsense.in
Phone: +91 44 42014765
Toll Free No.: 18004190161
Mobile No.: 8754540428

Thank you for visiting our website.