Conditions of Use

Earth Systems  are dedicated to your satisfaction. If you have any suggestions or comments please email sales@earth-systems.co.uk

Our contact details:

Earth Systems Limited,

Unit 5 Hogswood Farm Industrial Estate,

Sheerlands Road,

Finchampstead,

Reading,

RG40 4QY

Telephone 01189736905

Returns

For full terms and conditions please see our shipping and returns page  which can be found by clicking here

This website is operated by Earth Systems Limited (referred to as "Earth Systems/Easy Wellies/we/our/us"). As user of this website (referred to as "you/your") you acknowledge that any use of this website including any transactions you make ("use/using") is subject to our terms and conditions below (which includes any other important section concerning privacy policy, shipping and returns

• read through these terms and conditions carefully before using this website.
• print a copy for future reference.
• also read our Privacy Policy section regarding your personal information.

You agree to:

provide true, accurate, current and complete information about you as prompted by our registration form that you will complete when you checkout

You will update the account to keep it accurate and complete. If you provide any information that is untrue, inaccurate or Earth Systems has reasonable grounds to suspect that such information is untrue or inaccurate ,Earth Systems  has the right close your account and refuse you  future use of the our sites

The Law

This site is governed by English law and as such any claim made against the Earth Systems Limited will be made in an English court of law

 Making A Purchase

Making a purchase could not be easier. Just browse our catalogue. When you find an item you want to buy, click the button 'Add to Cart' at the bottom of the product description. You will then automatically be shown your order. If you want to look for more items, click the button 'Continue shopping' or if you have all the items you want, click 'Checkout now'.

 You will be asked for the details that we need to be able to satisfy the order, like name and address. Click NEXT each time to go on to the next stage. Once this process is complete you will be transferred to the payment pages, where you will be asked for your credit card details. You may be transferred to the issuing bank's secure site for verification of your card.

 Finally you will be shown a confirmation page which you can print.

 We accept credit card payment. If you are shopping from North America or anywhere else outside the UK, place your order and your credit card company will convert the transaction to US Dollars or your own currency. We accept Visa, Mastercard, Maestro, Solo and Delta and paypal. Your credit card will be debited on the day you place your order.

 You may of course also order with a credit card Via the telephone or post a cheque.

Order Cancellation

You have the right to cancel any contract within 10 working days without giving any reason. The 10 working days will start the day after receipt of the goods.

The cancellation notice should be sent by e-mail to Earth Systems Limited via our contact form and must state your name, a description of the goods  and the order number of the cancelled contract. We will confirm cancellation by return email.

 Where Earth Systems Limited have supplied goods to you, you must take reasonable care of the goods in your possession pending their return to Earth Systems Limited. Earth Systems Limited will only accept the returned goods in their original packaging and which do not exhibit signs of wear or tear. Any use of the delivered goods beyond that necessary to inspect the goods on delivery will invalidate your right to cancel the contract.

 Where Earth Systems have supplied goods to you, these goods must be returned to Earth Systems Limited, Unit 5 Hogswood Farm Industrial Estate, Sheerlands Road, Finchampstead, Reading, RG40 4QY or be available for collection by Earth Systems Limited. The cost of returning goods is non-refundable, and where Earth Systems Limited collects goods the direct cost of such will be deducted from the refund.

 Once notice of your cancellation has been received, and we are in possession of the returned goods, Earth Systems Limited will make a refund of the contract price to your debit or credit card used to purchase the goods. This will be done within 10 days of the date of cancellation.

All monies will be refunded within10 days of cancellation date.

  To return an item please see our full terms and conditions on our shipping and returns page

Fraud

All cases of fraud will be pursued.  Fraud includes payment fraud, delivery fraud and product fraud.  All costs associated with any fraudulent activity will be added to the claim and these charges will include company time spent preparing information, communicating with bank, staff interviews and any additional costs that are reasonable concerning traveling to and from courts.  Any legal costs incurred during the investigation will be applied to the claim.

Earth Systems Limited  shall not be liable to any person for any loss or damage, which may arise from the use of any of the information contained in any of the materials on this site.

Limitation Of Liability

Nothing in this Agreement shall affect the statutory rights of any consumer or exclude or restrict any liability for death or personal injury arising from the negligence or fraud of Earth Systems Limited.

You agree that Earth Systems Limited shall not be liable either in contract, tort, negligence, statutory duty or otherwise, for any direct loss or damage (including loss or damage which is reasonably foreseeable or occurs naturally in the course of things) resulting from any acts, omissions, failures or delays occurring on or in relation to those parts of the Internet not under Earth Systems Limited direct control including, without limitation, damage for loss of business, loss of sales, non payment of sums due, loss of profits, business interruption, loss of reputation, loss of business information, or any other pecuniary loss (even where Earth Systems Limited has been advised of the possibility of such loss or damage).

 The only liabilities that Earth Systems Limited can exclude are those arising from the following.

 In cases where losses were not foreseeable to both parties when the contract was formed.

 Where losses were not caused by any breach on the part of Earth Systems Limited.

 For any business losses, and/or losses to non-consumers.

Delivery

 Orders received by 4pm are normally dispatched the same day via the service sellected. (weekends incur extra charge). If Earth Systems Limited cannot make delivery within the time scale stated you will be notified immediately by phone or email to arrange another time for delivery, or, if you would prefer, to cancel you order. Small out of stock items may be placed on back order and will be despatched as soon as items become available again from stock. For a complete explanation of delivery charges please see shipping and returns

When delivery is made - shortages/damages must be notified within 2 days of receipt of goods. After this time it will be assumed that you have received all items (except those noted as being 'to follow' or 'on back order') in good order.

 Intellectual Property

  You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available as part of your use of this website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.

  You acknowledge and agree that the material and content contained within this website is made available for your personal non-commercial use only and that you may only download such material and content for the purpose of using this website. You further acknowledge that any other use of the material and content of this website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

 Miscellaneous Provisions

The contract between us shall be governed by the laws of England and any dispute between us will be resolved exclusively in the courts of England. English is the only language offered for the conclusion of the contract.

  We have selected our products on the basis that they will be used for domestic use only, if you are planning to use them for business purposes please make sure that you are covered by the appropriate insurance. Where you decide to use the products in the course of a business, we exclude (to the fullest extend permitted by law) those warranties and conditions relating to fitness for a particular purpose. Our maximum liability to business users arising out of or in connection with the products shall be limited to the replacement value of the product in question (except in the case of death or personal injury caused by our negligence or in respect of fraud). In relation to business users, we do not accept liability for the fitness of goods for business purposes, nor do we accept liability for loss of use of the item nor any loss over and above the cost of the item in the event of a claim for breach of warranty or condition.

Earth Systems Limited shall be under no liability for any delay or failure to deliver products or otherwise perform any obligation as specified in these terms and conditions if the same is wholly or partly caused whether directly or indirectly by circumstances beyond its reasonable control.

  To provide increased value to our customers, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.

  You may not assign or sub-contract any of your rights or obligations under these terms and conditions or any related order for products to any third party unless agreed upon in writing by Earth Systems Limited.

Earth Systems Limited reserves the right to transfer, assign, novate or sub-contract the benefit of the whole or part of any of its rights or obligations under these terms and conditions or any related contract to any third party.

  If any portion of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these terms and conditions shall not be affected.

  These terms and conditions do not create or confer any rights or benefits enforceable by any person that is not a party (within the meaning of the U.K. Contracts (Rights of Third Parties) Act 1999) except:
a)  Earth SystemsLimited (as defined below) shall have the right to enforce any rights or benefits under these terms and conditions;
b) Earth Systems Limited shall have the right to enforce and take the benefit of the rights or benefits of any limitation or exclusion or limitation of liability in these terms and conditions;
c) a person who is a permitted successor or assignee under Section 8.8 above of the rights or benefits of these terms and conditions may enforce such rights or benefits.
d) No consent from the persons referred to in Section 8.9 is required for the parties to vary or rescind these terms and conditions (whether or not in any way that varies or extinguishes rights or benefits in favour of such third parties).

8.9 No delay or failure by Earth Systems Limited  to exercise any powers, rights or remedies under these terms and conditions will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorised representative of Earth Systems Limited.

8.10 These terms and conditions including the documents or other sources referred to in these terms and conditions supersede all prior representations understandings and agreements between you and Earth Systems Limited relating to the use of this website (including the order of products) and sets forth the entire agreement and understanding between you and Earth Systems Limited for your use of this website.

The easy wellies website is operated by:

Earth Systems Limited

Unit 5 Hogswood Farm Industrial Estate

Sheerlands Road

Finchampstead

Reading

RG40 4QY

Registered in England with Company Number 6506186
VAT Number GB933564316