Terms of service

TERMS OF SERVICE

OVERVIEW

Welcome to Hues of Earth! The terms "we", "us" and "our" refer to Hues of Earth. Hues of Earth operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Hues of Earth is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services. Please read these Terms of Service carefully. By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Return & Refund Policy. If you do not agree to these Terms, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your jurisdiction of residence. To use the Services, including accessing or browsing our online store or purchasing any of the products we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our store is correct, current and complete. You are solely responsible for maintaining the security of your account credentials and for all of your account activity.

SECTION 2 - OUR PRODUCTS

We have made every effort to provide an accurate representation of our products in our online store. However, please note that colors or product appearance may differ from how they appear on your screen due to your device settings and configuration.

All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person or geographic region on a case-by-case basis.

SECTION 3 - ORDERS & CANCELLATIONS

When you place an order, you are making an offer to purchase. Hues of Earth reserves the right to accept or decline your order for any reason at its discretion. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as Hues of Earth is unable to accommodate cancellation requests or "change of mind" modifications after an order is processed.

Your purchases are subject to return or exchange solely in accordance with the strict conditions outlined in our Return & Refund Policy. You represent and warrant that your purchases are for your own personal or household use and not for unauthorized commercial resale.

SECTION 4 - PRICES AND BILLING

Prices, discounts, and promotions are subject to change without notice. You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made at our store.

You represent and warrant that:

  1. The mobile money (M-Pesa), card, or bank account information you provide is true, correct, and complete.

  2. You are duly authorized to use such account or mobile wallet for the purchase.

  3. Charges incurred by you will be honored by your mobile money service provider or bank.

  4. You will pay charges incurred by you at the posted prices, including delivery and handling fees.

SECTION 5 - SHIPPING, RIDER DELIVERY & RISK OF LOSS

All delivery times provided are estimates only. Risk of loss passes to you upon delivery of the items by the carrier or rider.

In strict accordance with our Return & Refund Policy, you must inspect your package immediately upon delivery while the rider is still present. Hues of Earth is not liable for transit damages, breakage, or shortages reported after the delivery rider has successfully left your location.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, formulas, website displays, images, graphics, product reviews, and the design, selection, and arrangement thereof, are owned by Hues of Earth and are protected by Kenyan and international copyright, trademark, and intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, or republish any material on the Services without our prior written consent. Hues of Earth's names, logos, product names, designs, and slogans are trademarks of Hues of Earth.

SECTION 7 - THIRD-PARTY LINKS & OPTIONAL TOOLS

We may provide you with access to third-party tools (such as payment gateways like Paystack) or links to third-party websites which we neither monitor nor have any control over. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools or websites. Complaints, claims, concerns, or questions regarding third-party products should be directed to the respective third party.

SECTION 8 - RELATIONSHIP WITH SHOPIFY

Hues of Earth is powered by Shopify, which provides us with the online e-commerce platform to sell our products to you. However, any sales and purchases you make are directly with Hues of Earth. You acknowledge and agree that Shopify is not responsible for any aspect of sales, transactions, or product usage, and you hereby release Shopify from liabilities arising from your transactions with Hues of Earth.

SECTION 9 - FEEDBACK AND REVIEWS

If you submit product reviews, feedback, or suggestions, you grant us a perpetual, worldwide, royalty-free license to use, reproduce, modify, publish, and display such feedback for commercial use or promotional purposes. We are under no obligation to maintain reviews in confidence or pay compensation for feedback. We reserve the right to remove any content we deem unlawful, offensive, defamatory, or in violation of any party’s intellectual property.

SECTION 10 - ERRORS AND INACCURACIES

Occasionally there may be information on our site that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).

 

SECTION 11 - PROHIBITED USES

You may access and use the Services for lawful purposes only. You are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to infringe upon or violate our intellectual property rights; (d) to harass, abuse, insult, or defame our team; (e) to upload or transmit viruses or malicious code; or (f) to use automated scrapers, bots, or automated processes to extract site data without express written permission.

SECTION 12 - DISCLAIMER OF WARRANTIES & SKIN SENSITIVITIES

Our products are handcrafted using clean, natural ingredients; however, natural botanical ingredients can still cause individual skin sensitivities or allergic reactions. It is the customer's responsibility to perform a 24-hour patch test before full use.

EXCEPT AS EXPRESSLY STATED BY HUES OF EARTH, THE SERVICES AND ALL PRODUCTS DELIVERED TO YOU ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, DURABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

SECTION 13 - LIMITATION OF LIABILITY

To the fullest extent provided by law, in no case shall Hues of Earth, our founder, employees, affiliates, agents, contractors, or suppliers be liable for any injury, loss, claim, adverse skin reaction, allergy, or any direct, indirect, incidental, punitive, or consequential damages of any kind arising from your use of any of our services or products.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Hues of Earth, our affiliates, partners, and suppliers from any claims or demands, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms of Service or your violation of any law or the rights of a third-party.

SECTION 15 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Republic of Kenya. You and Hues of Earth explicitly consent to the exclusive venue and jurisdiction of the courts located in Nairobi, Kenya.

SECTION 16 - CHANGES TO TERMS OF SERVICE

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website following the posting of any changes constitutes acceptance of those changes.

SECTION 17 - CONTACT & BUSINESS INFORMATION

Questions about the Terms of Service should be sent to us at earthhues.co@gmail.com.

Our official business details are posted below:

  • Trading Name: Hues of Earth

  • Email Contact: earthhues.co@gmail.com

  • Phone Contact: 0115 506162

  • Physical & Postal Address: Superior Center, First Floor, F38, Nairobi, Kenya

  • Business Registration Number: PVT-Y2U9BPQX