These terms and conditions are for all users of iearthdesigns. By accessing this website www.ebay.co.uk and placing an order, you agree to be bound by my terms and conditions listed below. Using my selling platform on eBay indicates that you accept these terms regardless of whether or not you choose to register with us or order from iearthdesigns. If you do not accept these terms, do not use our selling platform on eBay.
Any reference in these terms and conditions to “me”, "my", "I" refers to iearthdesigns.
Introduction
I may revise these terms and conditions at any time by updating this page. You should check my eBay platform from time to time to review the current terms and conditions, because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this Website. If you do not wish to accept any new terms and conditions after I have given notice, you should not continue to use my eBay platform.
Ordering from me
You are deemed to place an order with me by ordering via the eBay checkout process. eBay will send you an order acknowledgement by email, detailing the products you have ordered.
My acceptance of an order takes place when I dispatch the order. When I dispatch the order the purchase contract will be made even if your payment has been processed immediately, unless I have notified you that I do not accept your order or you have cancelled your order.
I may refuse to accept an order:
(a) Where goods are not available
(b) Where I cannot obtain authorisation for your payment
(c) If there has been a pricing or product description error
(d) If you do not meet any eligibility criteria set out in our terms and conditions
(e) If the order is to be delivered outside of the United Kingdom.
(f) If your order for personalised products contains content which is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience.
(g) If I believe your order is for commercial or other non-domestic concerns.
(h) I have received personalised details late. (it states to send them immediately after you have purchased)
Previews sent for approval. (where applicable)
If the item you have purchased includes a preview sent to you within 1 working day you have just 1 full working day to get back to me with approval/changes that may be requested. If changes are wanted from original information you provided after the preview was done by me, I do not send another preview over but I will apply the changes for my customers before completing the order but please make sure the correct information is given on those changes as you won’t get the opportunity to approve it again. I will not be held responsible for any changes that were placed and were incorrectly given by you. (this also applies for if a change is needed on a picture too, should the product purchased apply to this and you change your mind on a picture I will apply it but not send a visual again).
I will not be held responsible for any errors you may have given me when sending the details and didn’t get back to me with an approval on the preview sent and also if you have missed giving me information on any of the details required and didn’t get back to me to let me know having received a preview with that area left blank. I will not be held responsible for any previews I send that were in your spam/trash folder and you didn’t see them within that 1 working day opportunity to approve the preview, so please check regularly your emails including your spam/trash folders too.
Delivery
I will deliver the Products ordered by you to the address which you give for delivery when you make your order. If any of the details you have given me in your delivery address are incorrect, I am not liable for any items which have not been received.
I do not deliver outside of the UK. Once the order has been placed no changes can be made to the delivery address for your item.
Delivery will be made as soon as possible. My normal working hours are Monday to Thursday 9am - 5.00pm, Friday 9am - 2.00pm. I only process and dispatch orders during these timescales. All delivery and dispatch timescales quoted on eBay do not include weekends or bank holidays and are estimated.
Whilst I make every effort to deliver goods within the specified timescale, on occasion due to unforeseen circumstances I cannot always guarantee delivery in said time, or accept liability for deliveries made outside this timescale. I cannot accept liability for out of pocket expenses or other costs incurred due to failed or delayed deliveries in extreme circumstances i.e. pandemics, strikes on postal services.
If the product(s) you have ordered does not arrive within 15 days of placing the order iearthdesigns accept no liability unless you have contacted us via Ebay message within this period.
All my products are despatched by second class Royal Mail which is estimated to be delivered in 2-5 working days, but is not guaranteed especially in extreme circumstances like a pandemic. If you have not received your items, you must check with your local sorting office even if you have not received notification from your postman that they are holding items for you.
In the event you have not received your order, I must allow the following timescales before I can take further action, and claim back from the relevant carrier for lost items.
Second class: 14 working days from date of despatch
In the event that I reproduce an item for you and subsequently the original is returned as undelivered by Royal Mail, I reserve the right to charge an administrative fee up to 100% of the sales price of the reproduced product.
Please note: I will not be held liable for any late deliveries if delays occur by causes beyond my reasonable control including, without limitation:-
(a) fire;
(b) severe weather conditions;
(c) industrial dispute;
(d) strike or labour disputes
(e) pandemic
Order Cancellations
If you wish to cancel your order you can notify me by contacting me through eBay messages. This must be before the items have been sent into production. If your product as been sent to production you will be unable to cancel the order.
Where goods have already been produced, the goods must be returned to us in accordance with the 'Returns and exchange' section below.
Please note: In order to provide a fast service some products are immediately sent for production. Please check your order on screen and the confirmation email carefully as I cannot refund products which have been miss-spelt.
I reserve the right to cancel your order at any time and issue a full refund.
The provisions of this clause do not affect your statutory rights.
Returns and exchange
The item is your responsibility until it reaches us. For your own protection, I recommend that you send the parcel back to me using a delivery service that insures you for the value of the goods as I cannot be held responsible for items damaged or lost in the post that you return.
Your rights to return the goods to me will not apply in the following circumstances:
-Any products that I have made, personalised or customised specifically for you
-Where, in my opinion, you have not taken reasonable care of goods whilst in your possession and have not been returned with the original packaging.
- If you have made a spelling mistake/error on your order and it has been sent for production.
- You have disposed of the item you have an issue with
If you return an item because of an error on my part, or because it is defective, I will send replacements only. I will request a photo to show the damage/ issue before you send the item(s) back to me.
The item(s) must be returned in the condition in which you received it within 28 days of delivery. By the very individual nature of personalised products, they cannot be re-sold, and therefore I cannot accept returns if you have a change of mind.
I regret that postage and packing costs for returned items cannot be refunded.
Please note:
• You have a duty to return the item to me and the cost of doing so is your responsibility, except if the item is damaged, with proof of this.
• The parcel can take up to 7 working days to be returned to me, unless sent via special delivery.
This returns policy does not affect your statutory rights.
The address for returns is:
24 Fairfield Drive
Clitheroe
Lancashire
BB72PE
I received the wrong item
If the item you received is not what you originally ordered, please contact me via EBay messages quoting your order number, your name and address, details of the product and the reason for return. I will then advise on how to proceed with the return.
Faulty item
If the item you received is faulty/damaged, please contact me via eBay messages quoting your order number, your name and address, details of the product and the reason for return. I will then advise on how to proceed with the return. If the item is faulty/damage, please return it to me within 30 days of receipt. Refunds cannot be given if the fault is as a result of misuse.
Colour
The colour of the product you receive may not match the colour as displayed by EBay on your computer monitor. Please be aware that if colour is important to you, your order is placed at your own risk.
Photo/Image/Picture Upload
In sending me a Photo/s, image/s, picture/s, you are happy with the quality of the Photo/s, image/s, picture/s sent. I will not be held responsible for any Photo/s, image/s, picture/s sent that are of a poor quality. If asked I will advise on whether or not the image is ok to print in terms of quality, size, orientation. If upon you asking, I tell you that the image is a poor quality and you still give me instructions to proceed and complete with the Photo/s, image/s, picture/s I will not under any circumstances allow the buyer to return the item or have a refund if when they receive the item they are not happy with the quality issue I raised.
In sending me a Photo/s, image/s picture/s, you agree not to upload any images that will cause distress or offence to any person. It is your responsibility to ensure that express permission for any images you use has been granted by the owner of any image. I reserve the right to refuse to process any order that may cause offence or distress to others – in such a case I will refund any payment made. I will not be responsible for any copyright infringement by the customer.
Visitor Material and Conduct
Any material you transmit or post to me in eBay Messages will be considered confidential and proprietary. I will not copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes unless you have given me the permission to do so.
You are prohibited from posting or transmitting to or from eBay messages and my business email any material:
(a) - that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience
(b) - for which you have not obtained all necessary licences and/or approvals
(c) - which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world or
(d) - which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
I will fully co-operate with any law enforcement authorities or court order requesting or directing me to disclose the identity or locate anyone posting any material in breach of the clauses of above.
Disclaimer
While I endeavour to ensure that the information on my eBay platform is correct, I do not warrant the accuracy and completeness of the material on the eBay platform. I may make changes to the material on my eBay platform, or to the products and prices described in it, at any time without notice. The material on My eBay platform may be out of date, and I make no commitment to update such material.
The material on my eBay platform is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by Common law, I provide you with my eBay platform on the basis that I exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by Common law) which but for these terms and conditions might have effect in relation to my eBay platform.
Liability
I, any other party (whether or not involved in creating, producing, maintaining or delivering on my eBay platform), and any of the group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.
Nothing in these terms and conditions shall exclude or limit my liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977) (ii) fraud (iii) misrepresentation as to a fundamental matter or (iv) any liability which cannot be excluded or limited under applicable law.
If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
You agree to indemnify me fully, defend and hold me harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.
Governing Law and Jurisdiction
These terms and conditions shall be governed by and construed in accordance with English Common Law. Disputes arising in connection with these terms and conditions shall be subject to the non-exclusive jurisdiction of the Common Law Courts Great Britain and International.
I do not warrant that materials/items for sale on the Website are appropriate or available for use outside the United Kingdom and Eire. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this Website from locations outside the United Kingdom and Eire, you do so at your own risk and you are responsible for compliance with local laws.
Miscellaneous
You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions.
If any provision of these terms and conditions is found by Common Law Courts Great Britain and International of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.
Only the parties to these terms and conditions may seek to enforce them. Nothing in these terms and conditions is intended as granting any persons who are not parties to these terms any rights under the Contract.
Updated: 22 July 2021
