Terms of service

Please read these Terms and Conditions of Use and Sale (“Terms”) carefully before accessing or using www.theearthkinn.in (“Website”). These Terms govern your use of the Website and any content (including text, data, information, software, graphics, audio, video, photographs, etc.) (“Materials”) made available on the Website and any products sold through the Website.

I) Acceptance 

This document is an electronic record in terms of the Information Technology Act, 2000 and applicable rules. This electronic record is generated by a computer system and does not require physical or digital signatures.

II) Introduction

Welcome to Earthkinn (“Earthkinn”, “we”, “us”, “our”). By using the Website, you confirm that you have read, understood, and agreed to these Terms.

Your usage of the Website may also be construed as your consent to receive communications (including service and promotional communication) via email, SMS, WhatsApp and/or calls on the contact details provided by you. Such communications may be transactional and/or promotional in nature and shall be as per applicable laws and regulations.

III) Scope of the Website

The Website is a technology-enabled platform through which Earthkinn sells its products (“Products”) on a principal-to-principal basis. Sale of Products is subject to these Terms. We reserve the right, at our discretion, to refuse, suspend, or terminate sale of Products to any person.

IV) Your Account & Placing an Order

All Products and related information displayed on the Website constitute an “invitation to offer”. Your order constitutes an “offer” to purchase. An order is considered accepted only after we confirm and/or dispatch the Product.

We may send order-related communications to your registered email/mobile number.

V) User Eligibility

Use of the Website is available only to persons who can form legally binding contracts under the Indian Contract Act, 1872.

If you are under 18 years of age, you may use the Website only with a parent/guardian’s involvement. We reserve the right to refuse service or terminate access if we discover you are under 18 years.

VI) Account & Registration Obligations

“Your Information” refers to any information you provide during registration, ordering, feedback, or communication. We handle Your Information in accordance with our Privacy Policy.

You are responsible for maintaining confidentiality of your account and password and for all activity under your account. If you suspect unauthorized access, you must notify us immediately at Info@theearthkinn.in.

You agree to provide accurate, current and complete information. We may suspend/terminate accounts if information is found to be untrue or incomplete.

VII) Fees

Browsing the Website is free. Prices applicable to Products are displayed on the Website. We may modify Products, pricing, or features without prior notice.

VIII) Our Products

We describe and display Products as accurately as possible. However, minor variations in packaging, color, or appearance may occur.

Products are for personal use only and must not be resold commercially.

Disclaimer: Skincare products may not suit everyone. Please read labels and instructions carefully and do a patch test when advised. Earthkinn is not responsible for adverse reactions arising from misuse, overuse, or individual sensitivities.

Products are not intended to diagnose, cure, treat, or prevent any disease.

IX) Pricing Information

While we strive for accuracy, errors may occur. If a Product is listed at an incorrect price or with incorrect information, we reserve the right to cancel the order (unless already dispatched). If payment has been processed, the amount will be refunded as per our policies.

X) Payment Process

Payments may be made through the payment modes available on the Website. Payment processing is handled by third-party gateways and is subject to their terms and policies.

XI) Fraudulent or Declined Transactions

We reserve the right to recover costs and take legal action in cases of fraudulent activity, chargebacks, abuse, or misuse of the Website.

XII) Prohibited Use

You shall not use the Website for:

• Gaining unauthorized access to systems/accounts

• Disrupting or interfering with the Website or other users

• Violating applicable laws

• Copying/distributing copyrighted materials without permission

• Uploading harmful code/viruses/spam

• Any unlawful or abusive purpose

XIII) Shipping, Returns, Refunds & Cancellation

Shipping, return, refund, and cancellation are governed by the Earthkinn Shipping Policy and Earthkinn Return & Refund Policy available on the Website. These Terms must be read along with those policies.

XIV) User Submissions

If the Website permits you to submit feedback/reviews/comments (“User Submissions”), you grant Earthkinn a non-exclusive, worldwide, perpetual license to use, reproduce, publish and display such submissions for legitimate business purposes including marketing and product improvement.

You confirm your submissions:

• Are not illegal, offensive, defamatory, or misleading

• Do not infringe third-party rights

• Do not contain viruses or spam

• Are not confidential

We may remove submissions at our discretion.

XV) Copyright & Trademark

All Website materials, including text, images, logos, designs, and content are owned by or licensed to Earthkinn and are protected by applicable IP laws.

You may not copy, reproduce, distribute, or exploit any content for commercial purposes without written permission.

XV) Claims of Infringement

If you believe your intellectual property has been infringed on the Website, please email:

Info@theearthkinn.in
Subject: IP Infringement Notice
Include details of the work, the infringing material, proof of ownership, and your contact details.

XVII) Disclaimers & Limitation of Liability

The Website and Products are provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind.

Earthkinn shall not be liable for indirect, incidental, consequential or special damages, including loss of profits, goodwill, or data.

Our maximum aggregate liability is limited to the value of the Product purchased by you.

Force Majeure: We are not liable for delay or failure caused by events beyond reasonable control (including natural disasters, strikes, courier disruptions, legal restrictions, etc.).

XVIII) Website Security

You must not attempt to breach Website security, probe systems, introduce malware, or disrupt Website operations. Violations may result in civil/criminal liability.

XIX) Electronic Communications

By using the Website, you consent to receive electronic communications from us. Such communications satisfy legal requirements of “written” communication.

XX) Modification of Terms

We may modify these Terms from time to time. Continued use of the Website after updates means you accept the revised Terms.

XXI) Governing Law & Jurisdiction

These Terms are governed by Indian law. Courts in Mumbai, Maharashtra have exclusive jurisdiction.

Any dispute shall be referred to arbitration under the Arbitration and Conciliation Act, 1996. Arbitration seat: Mumbai.

XXII) Indemnity

You agree to indemnify and hold harmless Earthkinn from claims, damages, losses, and expenses arising from your breach of these Terms, misuse of the Website, or violation of law/rights.

XXIII) Termination

We may terminate or suspend access to the Website at any time without notice if we believe you have violated these Terms. Termination does not cancel your obligation to pay for dispatched orders.

XXIV) Entire Agreement

These Terms, along with policies linked on the Website, constitute the entire agreement between you and Earthkinn regarding Website use and purchase of Products.

XXV) Severability

If any provision is invalid/unenforceable, the remaining provisions remain in full force.

XXVI) Contact Details

For any queries, write to:

Info@theearthkinn.in

Earthkinn (Proprietorship)
Laxmi Plaza, 523, New Link Road
Laxmi Industrial Estate, Veera Desai Industrial Estate
Andheri West, Mumbai, Maharashtra – 400053
India

Website: www.theearthkinn.in