Terms of use | Earth & Ocean

Earth & Ocean Terms of Use

1. Introduction

1.1 These terms and conditions shall govern your use of our website.

1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

1.3 If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.

1.4 You must be at least 18 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.

2. Copyright notice

2.2 Subject to the express provisions of these terms and conditions:

(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.

3. Permission to use website

3.1 You may:

(a) view pages from our website in a web browser;

(b) download pages from our website for caching in a web browser or any mobile device;

(c) print pages from our website for your own personal and non-commercial use, providing that such printing is not systematic or excessive;

(d) stream audio and video files from our website using the media player on our website; and

(e) use the Earth & Ocean Ltd. website services by means of a web browser subject to the other provisions of these terms and conditions.

3.2 Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.

3.3 You may only use our website for your own personal and business purposes; you must not use our website for any other purposes.

3.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

3.5 Unless you own or control the relevant rights in the material, you must not:

(a) republish material from our website (including republication on another website);

(b) sell, rent or sub-license material from our website;

(d) exploit material from our website for a commercial purpose; or

(e) redistribute material from our website.

3.6 Notwithstanding Section 3.5, you may redistribute our newsletter in print and electronic form to any person.

3.7 We reserve the right to suspend or restrict access to our website, to areas of our website and/or to functionality upon our website. We may, for example, suspend access to the website during server maintenance or when we update the website. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the website.

4. Misuse of website

4.1 You must not:

(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability, accessibility, integrity or security of the website;

(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(d) probe, scan or test the vulnerability of our website without our permission;

(e) circumvent any authentication or security systems or processes on or relating to our website;

(f) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(g) impose an unreasonably large load on our website resources (including bandwidth, storage capacity and processing capacity);

(h) decrypt or decipher any communications sent by or to our website without our permission;

(i) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;

(j) access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;

(k) use our website except by means of our public interfaces;

(l) violate the directives set out in the robots.txt file for our website;

(m) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing); or

(n) do anything that interferes with the normal use of our website.

4.2 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

5. Use on behalf of organisation

5.1 If you use our website or expressly agree to these terms and conditions in the course of a business or other organisational project, then by so doing you bind both:

(a) yourself; and

(b) the person, company or other legal entity that operates that business or organisational project, to these terms and conditions, and in these circumstances references to "you" in these terms and conditions are to both the individual user and the relevant person, company or legal entity, unless the context requires otherwise.

6. Customer registration and accounts

6.1 This Section 6 applies to Customers and prospective Customers.

6.2 To be eligible for a Customers account on our website under this Section 6, you must be at least 18 years of age and resident in the United Kingdom.

6.3 You may register for a Customer account with our website by completing and submitting the account registration form on our website.

7. Producer / Seller registration and accounts

7.1 This Section 7 applies to Producer / Seller and prospective Producer / Sellers.

7.2 To be eligible for a Producer / Seller account on our website under this Section 7, you must be operating a business and:

(a) if you are a sole trader, you must be at least 18 years of age and resident in the United Kingdom;

(b) if you are a partnership, you must be established under the laws of the United Kingdom; and

7.3 To be eligible for an account on our website under this Section 7, you must be at least 18 years of age and resident in the United Kingdom.

7.4 You may register for Producer / Seller account with our website by completing and submitting the account registration form on our website.

7.5 You must keep your Producer / Seller account information up to date.

7.6 Earth & Ocean offers both free and chargeable plans for Producer / Seller product Shopfronts. All plans are valid for a three month period and renews automatically unless notified.

7.7 When Producer / Sellers register with us and pay for a membership plan on our website, your account and Shop profile is live. Due to the instant nature of the service, no refunds are available.

8. Customer login details

8.1 If you register for an account with our website, you will be asked to choose a user ID and password.

8.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 22; you must not use your customer account or user ID for or in connection with the impersonation of any person.

8.3 You must keep your password confidential.

8.4 You must notify us in writing immediately if you become aware of any disclosure of your password.

8.5 You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

9. Producer / Seller Shopfronts

9.1 If you register with our website as a Producer / Seller, you will be able to create your own Shopfront on the website.

9.2 To create a Shopfront on our website, you should take the following steps

a: Register as a Producer / Seller: https://www.earthoceanfood.co.uk/producersignup/

b: Login to your Producer Dashboard

c: Set up your Shopfront

9.3 Producer / Seller Shopfronts that are submitted will be automatically processed and individually reviewed following submission.

a: Every Producer / Seller creates their own Shopfront and adds products to their own shopfront. Editing of any product listing can be done by the Producer / Seller via their Producer / Seller Dashboard.

9.4 Subject to the other provisions of these terms and conditions, we reserve the right to reject, unpublish and/or delete any Producer / Seller shopfront that breaches these terms and conditions or that does not meet any additional guidelines for Producer / Seller shopfronts published on our website.

9.5 If we permit the publication of a Producer / Seller shopfronts, it will remain published on our website for the relevant period set out on our website from time to time, as stated in paragraph 7.6 and subject to these terms and conditions.

9.6 The main parameters that determine the relative prominence of Shopfronts when Customers search for Shopfronts or browse the store categories on our website are as follows:

(a) in relation to Shopfronts searches, the extent to which the relevant title and description matches the relevant search terms; and

(b) in relation to store category browsing and the filters applied by the user.

10. Producer / Seller listings

10.1 If you register with our website as a Producer / Seller and create a Shopfront on the website, you will be able to submit listings to the website.

10.2 To create a listing on our website, you should take the following steps:

a: From your Producer / Seller Shopfront, click Add Product or,

b: click Product Manager, then Add Product

10.3 Product listings that are submitted will be automatically live on our website and individually reviewed following submission.

10.4 Subject to the other provisions of these terms and conditions, we reserve the right to reject, unpublish, modify and/or delete any listings that breach these terms and conditions or that do not meet any additional guidelines for listings published on our website; and if we reject, unpublish or delete a listing for any of these reasons, we will not refund any fees you may have paid to us in respect of the listing.

10.5 If we permit the publication of a product listing, it will remain published on our website for the relevant period set out on our website from time to time, as stated in paragraph 7.6 and subject to these terms and conditions.

10.6 Product listings submitted to our website must be true, fair, complete and accurate in all respects.

10.7 Product listings submitted to our website must constitute bona fide listings relating to Food & Drink.

10.8 Listings must be allocated to the appropriate category or categories. If you cannot identify an appropriate category for a listing, please contact us.

10.9 You must keep your listings up to date using our website interface; in particular, you must remove any listings in respect of products that have ceased to be available.

10.10 You may not list a product without entering a price for that product; all prices specified in or in relation to a listing are in pounds Sterling only.

10.11 The main parameters that determine the relative prominence of listings when users search for listings or browse the listings categories on our website are as follows:

(a) in relation to listing searches, the extent to which the relevant title and description matches the relevant search terms; and

(b) in relation to listing category browsing and the filters applied by the user.

10.13 You may not enter any external URL or create links to any other third party website.

11. Product rules

11.1 The only products that may be the subject of a listing on our website are products falling within the following categories: Food & Drink.

11.2 You must not use our website to advertise, buy, sell or supply services, intangible products or downloadable products.

11.3 You must not advertise, buy, sell or supply through our website any product that:

(a) breaches any law, regulations or code, or infringes any person's intellectual property rights or other rights, or gives rise to a cause of action against any person, in each case in any jurisdiction and under any applicable law;

(b) consists of or contains material that would, if published on our website by you, contravene the provisions of Section 4 or Section 22; or

(c) is or relates to: drugs, narcotics, steroids or controlled substances; pornography; obscene, indecent or sexually explicit materials; knives, swords, firearms or other weapons; ammunition for any weapon; items that encourage or facilitate criminal acts or civil wrongs; or items that encourage or facilitate the infringement of any intellectual property right.

12. Liability

12.1 Earth & Ocean does not accept liability for any incorrect information provided. If you have any queries regarding any product on Earth & Ocean, please contact the Producer / Seller directly.

13. Data

13.1 You may, if you have a Producer / Seller account on our website, both during the term of a contract under these terms and conditions and for a period of 30 days after the termination of a contract under these terms and conditions, access the following categories of information provided or generated by you or other users in the course of using our marketplace services:

a: Your business contact information

b: Your product information

c: Historic sales information

You may access such information by contacting us at: hello@earthoceanfood.co.uk.

13.2 We will have access to all information provided or generated by you and other users in the course of the use of our online marketplace services.

13.3 We may provide to third parties information provided or generated by you and other users in the course of the use of our online marketplace services in the following circumstances only:

(a) where necessary for the proper functioning of our website;

(b) in the case of non-personal data; and

(c) in the case of personal data, in accordance with our privacy policy (which includes information about opting-out of such data sharing).

13.4 You will have no contractual right under these terms and conditions or otherwise to access information provided or generated by you or by other users when using our online marketplace services, except as specified in Section 14.

14. The buying and selling process

14.1 You agree that a contract for the sale and purchase of a product or products will come into force between you and another registered website user, and accordingly that you commit to buying or selling the relevant product or products, in the following circumstances:

(a) a Customer must add the products he or she wishes to purchase to the shopping cart, and then proceed to the checkout;

(b) if the Customer is a new user, he or she must create a Customer account with the website and log in; otherwise, the Customer must enter his or her login details;

(c) once the Customer is logged in, he or she must select the preferred method of delivery and confirm the order and his or her consent to these terms and conditions and the applicable terms and conditions of sale;

(d) the Customer will be transferred to the website of the appointed payment service provider, and the payment service provider will handle the Customer’s payment to the Producer / Seller; Customers must submit payment in full via credit or debit card (at which point the order will become a binding contract between the Producer / Seller and the Customer).

(e) the website will then send to the Customer an automatically generated acknowledgement of payment;

(f) once the Producer / Seller has physically shipped the Products, they must log in to their Producer Dashboard and mark the order as “Shipped / Completed”; the Customer will receive an automatically generated email confirming that the order has been shipped.

15. Terms and conditions of sale

15.1 Producer / Sellers must use their Producer Dashboard to create legal notices in the “Policies” section, applying to their relationships with customers.

15.2 A Producer / Sellers must ensure that:

(a) the Producer / Sellers legal notices are sufficient to meet the Producer / Sellers’s legal disclosure obligations and other legal obligations;

(b) to the extent required by applicable law, the Producer / Sellers registers with relevant tax authorities and pays all relevant taxes in relation to the Producer / Sellers’s product sales; and

(c) the Producer / Sellers complies with all other laws applicable to their product listings and sales, including where applicable the Consumer Rights Act 2015, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and the Electronic Commerce (EC Directive) Regulations 2002.

15.3 Except to the extent that a Producer / Sellers and Customer expressly agree otherwise (but subject to the mandatory requirements of applicable law) and Notwithstanding any terms agreed between a Customer and a Producer / Seller, the following provisions will be incorporated into the contract of sale and purchase between the Customer and the Producer / Sellers:

(a) the price for a product will be as stated in the relevant product listing;

(b) delivery charges, packaging charges, handling charges, administrative charges, insurance costs, other ancillary costs and charges, and VAT and other taxes will only be payable by the Customer if this is expressly and clearly stated in the product listing;

(c) deliveries of products must be made within 14 days following the date the contract of sale comes into force or such shorter period as the Customer and Producer / Seller may agree;

(d) appropriate means of delivery of products must be used by and is the sole responsibility of the Producer / Sellers; and

(e) products must be of satisfactory quality, and must be fit for any purpose specified in, and conform in all material respects to, the product listing and any other description of the products supplied or made available by the Producer / Seller to the Customer.

15.4 If the Producer / Seller is a trader and the Customer is a consumer, the provisions of Section 16 shall be incorporated into the contract of sale and purchase between a Customer and a Producer / Seller.

15.5 Both Customers and Producer / Sellers undertake to comply with the agreed terms and conditions of sale and purchase.

16. Distance contracts: cancellation right

16.1 This Section 16 applies if and only if the Producer / Seller is a trader (a person acting for purposes relating to that person's trade, business, craft or profession, whether acting personally or through another person acting in the trader's name or on the trader's behalf) and the Customer is a consumer (an individual acting wholly or mainly outside his or her trade, business, craft or profession).

16.2 The Customer may withdraw an offer to enter into a contract with a Producer / Seller through our website or cancel a contract entered into with a Producer / Seller through our website (without giving any reason for the withdrawal or cancellation) at any time within the period:

(a) In respect of non-perishable items, the Customer has the right to cancel under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (SI 2013/3134) (“CCRs”), the contract at any time until the expiry of the 14th working days after the day on which you receive the goods you ordered.

(b)Please note, you do not have a right under the Consumer Cancellation Regulations to cancel orders in respect of food or other perishable items.

(c) Please read the Producer / Seller Policies on their individual Shop page and contact them directly if there is any defect with any of your products. All refunds (if any) will be dealt with directly by the Producer / Sellers.

16.3 In order to withdraw an offer to contract or cancel a contract on the basis described in this Section 16, the Customer must inform the Producer / Seller of the Customer's decision to withdraw or cancel (as the case may be). The Customer may inform the Producer / Seller by means of any clear statement setting out the decision. In the case of cancellation, the Customer may inform the Producer / Seller using the cancellation form that we or the Producer / Seller will make available to the Customer. To meet the cancellation deadline, it is sufficient for the Customer to send the communication concerning the exercise of the right to cancel before the cancellation period has expired.

16.4 If the Customer cancels a contract on the basis described in this Section 16, the Customer must send the products back to the Producer / Seller (to the address specified by the Producer / Seller on our website) or hand them over to the Producer / Seller or a person authorised by the Producer / Seller to receive them. The Customer must comply with this obligation without undue delay and in any event not later than 14 days after the day on which the Customer informs the Producer / Seller of the decision to cancel the contract. The Customer must pay the direct cost of returning the products.

16.5 If the Customer cancels an order in accordance with this Section 16, the Customer will receive from the Producer / Seller a full refund of the amount you paid to the Producer / Seller in respect of the order including the costs of delivery to the Customer, except:

(a) if the Customer chose a kind of delivery costing more than the least expensive kind of delivery that the Producer / Seller offers, the Producer / Seller reserves the right to retain the difference in cost between the kind of delivery the Customer chose and the least expensive kind of delivery that the Producer / Seller offer; and

(b) as otherwise provided in this Section 16.

16.6 If the value of the products returned by the Customer is diminished by any amount as a result of the handling of those products by the Customer beyond what is necessary to establish the nature, characteristics and functioning of the products, the Producer / Seller may recover that amount from the Customer up to the contract price. The Producer / Seller may recover that amount by deducting it from any refund due to the Customer or require the Customer to pay that amount direct to the Producer / Seller. Handling which goes beyond the sort of handling that might reasonably be allowed in a shop will be "beyond what is necessary to establish the nature, characteristics and functioning of the products" for these purposes.

16.7 The Producer / Seller will refund money by a mutually agreed payment method, unless the Customer has expressly agreed otherwise. In any case, the Customer will not incur any fees as a result of the refund.

16.8 Unless the Producer / Seller has offered to collect the products, the Producer / Seller will process a refund due to the Customer as a result of a cancellation on the basis described in this Section 16 within the period of 14 days after the day on which the Producer / Seller receive the returned products or (if earlier) after the day on which the Customer supplies to the Producer / Seller evidence of having sent the products back. If the Producer / Seller has not sent the products at the time of withdrawal or cancellation or has offered to collect the products, the Producer / Seller will process a refund due to the Customer without undue delay and, in any case, within the period of 14 days after the day on which the Producer / Seller is informed of the withdrawal or cancellation.

16.9 The Customer will not have any right to cancel a contract as described in this Section 16 insofar as the contract relates to:

(a) the supply of any sealed audio recordings, sealed video recordings or sealed computer software which have been unsealed by the Customer;

(b) the supply of products the price of which is dependent upon fluctuations in financial markets which the Producer / Seller cannot control and which may occur during the cancellation period;

(c) the supply of newspapers, periodicals or magazines, with the exception of subscription contracts for the supply of such publications;

(d) the supply of goods which are liable to deteriorate or expire rapidly;

(e) the supply of non-prefabricated goods that are made on the basis of an individual choice of or decision by the Customer, or goods that are clearly personalised;

(f) the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, where such goods have been unsealed by the Customer; and

(g) the supply of goods which are, according to their nature, inseparably mixed with other items after delivery.

17. Marketplace fees

17.1 Marketplace Producer / Sellers must pay to us the following amounts:

(a) fees in respect of the creation of a Producer / Seller account;

(b) fees in respect of the creation of a Producer / Seller store;

(d) commission in respect of each sale made through our website.

17.2 In respect of fees payable to us by Producer / Sellers:

(a) the fees will be as specified on our website from time to time; and

(b) the scope and duration of the services in respect of which the fees are payable will be as specified on our website at the time those fees are paid.

17.3 In respect of commission payable to us by Producers / Sellers:

(a) commission shall be payable at the rate of 6% of aggregate sales value, including VAT, sales taxes and excluding delivery charges, depending on the membership plan;

(b) we shall deduct commission due from amounts held or processed by us on behalf of the Producer / Seller; and

(c) commission payments are non-refundable, irrespective of whether a Customer subsequently cancels the underlying order and irrespective of whether a Customer is entitled to, or receives, a refund in respect of such an order.

17.4 All amounts stated in these terms and conditions or on our website are stated inclusive of VAT.

17.5 The Producer / Seller acknowledges that we may be required by applicable law to make VAT-related or other tax-related deductions to payments processed by us on behalf of a Producer / Seller under these terms and conditions. We may remit such deducted amounts to the relevant government or tax authorities. Within 5 days following the sending of a request by us to the Producer / Seller, the Producer / Seller must pay to us or reimburse us in respect of such amounts and, without prejudice to our other rights under these terms and conditions, we may deduct such amounts from payments due to the Producer / Seller under these terms and conditions.

17.6 Promptly following receipt of a written request from us, you must supply to us any information and documentation that we may reasonably request in order to identify you or facilitate our compliance with our legal obligations relating to the taxation of payments made to us or processed by us under or in relation to these terms and conditions. We may supply such information and/or documentation to relevant government and tax authorities.

17.7 We may vary fees from time to time by posting new fees on our website, but this will not affect fees for services that have been previously paid.

17.8 We may vary commission rates from time to time by posting new rates on our website, but this will not affect any liability to pay commission that accrues before the new rates are posted.

18. Payments

18.1 You must pay to us the fees in respect of our website services in advance, in cleared funds, in accordance with any instructions on our website.

18.2 If you dispute any payment made to us, you must contact us immediately and provide full details of your claim.

18.3 If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:

(a) an amount equal to the amount of the charge-back;

(b) all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);

(d) all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 18.3 (including without limitation legal fees and debt collection fees), and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 18.3.

18.4 If you owe us any amount under or relating to these terms and conditions, we may suspend or withdraw the provision of services to you.

18.5 We may at any time set off any amount that you owe to us against any amount that we owe to you, by sending you written notice of the set-off.

19. Our role

19.1 You acknowledge that:

(a) we do not confirm the identity of website users, check their credit worthiness or bona fides, or otherwise vet them;

(b) we do not check, audit or monitor the information contained in any listings;

(d) we are not involved in any transaction between a Customer and a Producer / Seller in any way, save that we facilitate a marketplace for Customers and Producers / Sellers and process payments on behalf of Producers / Sellers;

(e) we are not the agents for any Customer or Producer / Seller, and accordingly we will not be liable to any person in relation to the offer for sale or sale or purchase of any products advertised on our website; furthermore we are not responsible for the enforcement of any contractual obligations arising out of a contract for the sale or purchase of any products and we will have no obligation to mediate between the parties to any such contract.

19.2 The provisions of this Section 19 are subject to Section 25.1.

20. Our rights to use your content

20.1 In these terms and conditions, "your content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.

20.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media or reproduce, store and publish your content on and in relation to this website and any successor website or reproduce, store and, with your specific consent, publish your content on and in relation to this website.

20.3 You grant to us the right to sub-license the rights licensed under Section 20.2.

20.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 20.2.

20.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

20.6 You may edit your content to the extent permitted using the editing functionality made available on our website.

20.7 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

21. Rules about your content

21.1 You warrant and represent that your content will comply with these terms and conditions.

21.2 Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

21.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:

(a) be libellous or maliciously false;

(b) be obscene or indecent;

(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off or other intellectual property right;

(d) infringe any right of confidence, right of privacy or right under data protection legislation;

(e) constitute negligent advice or contain any negligent statement;

(f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;

(g) be in contempt of any court or in breach of any court order;

(h) be in breach of racial or religious hatred or discrimination legislation;

(i) be blasphemous;

(j) be in breach of official secrets legislation;

(k) be in breach of any contractual obligation owed to any person;

(l) depict violence in an explicit, graphic or gratuitous manner;

(m) be pornographic, lewd, suggestive or sexually explicit;

(n) be untrue, false, inaccurate or misleading;

(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

(p) constitute spam;

(q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or

(r) cause annoyance, inconvenience or needless anxiety to any person.

21.4 Your content must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behaviour on the internet.

21.5 You must not use our website to link to any website or web page consisting of or containing material that would, were it posted on our website, breach the provisions of these terms and conditions.

21.6 You must not submit to our website any material that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

22. Report abuse

22.1 If you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know.

22.2 You can let us know about any such material or activity by email: hello@earthoceanfood.co.uk

23. Suspension and restriction of services

23.1 If we decide to suspend and/or restrict your Producer / Seller account on our website:

(a) we will provide to you contemporaneous or prior written notice of the suspension and/or restriction;

(b) alongside that notice, we will provide to you a statement of the reasons for the suspension and/or restriction, unless we are under a legal or regulatory obligation not to do so; and

(c) if you would like to contest the suspension and/or restriction, you may do so by writing to us using the contact details set out in these terms and conditions.

23.2 Subject to the other provisions of this Section 23, if we decide to suspend and/or restrict your account on our website, we may do so at any time in our sole discretion by giving you written notice of such suspension and/or restriction or without notice to you.

23.3 Where we suspend or restrict access to our website or services, you must not take any action to circumvent such suspension or restriction (including without limitation creating and/or using a different account).

24. Limited warranties

24.1 We do not warrant or represent:

(a) the completeness or accuracy of the information published on our website;

(b) that the material on the website is up to date;

(d) that the website or any service on the website will remain available.

24.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

24.3 To the maximum extent permitted by applicable law and subject to Section 26.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

25. Limitations and exclusions of liability

25.1 Nothing in these terms and conditions will:

(a) limit or exclude any liability for death or personal injury resulting from negligence;

(b) limit or exclude any liability for fraud or fraudulent misrepresentation;

(d) exclude any liabilities that may not be excluded under applicable law, and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.

25.2 The limitations and exclusions of liability set out in this Section 25 and elsewhere in these terms and conditions:

(a) are subject to Section 25.1; and

(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

25.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

25.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

25.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

25.6 We will not be liable to you in respect of any loss or corruption of any data, database or software, providing that if you contract with us under these terms and conditions as a consumer, this Section 25.6 shall not apply.

25.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage, providing that if you contract with us under these terms and conditions as a consumer, this Section 25.7 shall not apply.

25.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

26. Indemnity

26.1 You hereby indemnify us, and undertake to keep us indemnified, against:

(a) any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of our website or any breach by you of any provision of these terms and conditions;

(b) any VAT liability or other tax liability that we may incur in relation to any sale, supply or purchase made through our website, where that liability arises out of your failure to pay or to register to pay any VAT or other tax properly due in any jurisdiction.

27. Termination

27.1 We may terminate a contract under these terms and conditions at any time in our sole discretion with or without notice to you.

27.2 You may terminate a contract under these terms and conditions at any time by contacting us at: hello@earthoceanfood.co.uk

27.3 If you have a Producer / Seller account on our website, we may only terminate a contract under these terms and conditions in the following circumstances:

(a) you breach these terms and conditions or act inconsistently with the spirit of these terms and conditions;

(b) you breach any applicable laws, infringe the legal rights of any person or create legal liabilities for us or any other person, in each case in relation to your use of our website;

(d) you are or become insolvent, bankrupt or unable to pay your debts as they fall due;

(e) you do not respond within 30 days, substantively and reasonably, to communications that we send to you via email, telephone or our website soliciting a response;

(f) you do not log into our website during a period exceeding 90 days;

(g) we decide to cease publishing our website or providing our services; or

(h) we decide to make fundamental changes to our services.

27.4 If you have a Producer / Seller account on our website and we decide to terminate a contract under these terms and conditions:

(a) we will provide to you a statement of the reasons for the termination, unless we are under a legal or regulatory obligation not to do so; and

(b) if you would like to contest the termination, you may do so by writing to us using the contact details set out in these terms and conditions, providing that the notice period set out above will not apply if we are subject to a legal or regulatory obligation which requires us to terminate the provision of the whole of our marketplace services to you in a manner which does not allow us to respect the specified notice period; nor will it apply if we exercise a right of termination under an imperative reason pursuant to applicable national law which is in compliance with European Union law; nor will it apply if we can demonstrate that you have repeatedly infringed these terms and conditions. If the notice period set out above does not apply, we will nonetheless provide to you, without undue delay, a written statement of reasons for our decision to terminate.

27.5 If:

(a) we terminate a contract under these terms and conditions;

(b) as a result of such termination, you lose access to any of our services with respect to which you have paid us in cleared funds; and

(c) you have not breached a contract under these terms and conditions and we do not have any other specific ground or grounds for terminating as set out in these terms and conditions, then we will refund to you a pro rata amount of your payment(s), such amount to be calculated by us using any reasonable methodology. You will not be entitled to any refund except as set out in this Section 28.5.

28. Third party websites

28.1 Our website may include hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.

28.2 We have no control over third party websites and their contents, and subject to Section 25.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.

29. Trade marks

29.1 The Earth & Ocean Food Company, our logos and our other registered and unregistered trade marks are trade marks belonging to us; we give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.

29.2 The third party registered and unregistered trade marks or service marks on our website are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

30. Variation

30.1 We may revise these terms and conditions from time to time.

30.2 The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions, subject to the other provisions of this Section 30.

30.3 If you have a Producer / Seller account on our website:

(a) please keep checking our website for any proposed changes to these terms and conditions;

(b) you will have the right to terminate a contract under these terms and conditions by giving to us 14 days written notice of termination, in which case a contract under these terms and conditions will terminate upon the expiry of that period, but, notwithstanding the foregoing, we may vary these terms and conditions by giving to you written notice of variation if we are subject to a legal or regulatory obligation which requires us to change these terms and conditions in a manner that does not allow us to respect the notice period referred to above, or if we have exceptionally to change these terms and conditions to address an unforeseen and imminent danger related to defending our websites or our users from fraud, malware, spam, data breaches or other cybersecurity risks.

31. Assignment

31.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions - providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions.

31.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

32. Severability

32.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

32.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

33. Third party rights

33.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

33.2 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.

34. Entire agreement

34.1 Subject to Section 25.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

35. Law and jurisdiction

35.1 These terms and conditions shall be governed by and construed in accordance with English law.

35.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.

36. Statutory and regulatory disclosures

36.1 We will specify on the website or elsewhere in these terms and conditions the different technical steps you must follow to conclude a contract under these terms and conditions, and also the technical means for identifying and correcting input errors prior to the placing of your order.

36.2 We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.

36.3 These terms and conditions are available in the English language only.

36.4 We are registered in Companies House; you can find the online version of the register at https://find-and-update.company-information.service.gov.uk/company/12859754, and our registration number is 12859754.

36.5 The website of the European Union's online dispute resolution platform is available at http://ec.europa.eu/odr.[ The online dispute resolution platform may be used for resolving disputes.]

37. Our details

37.1 This website is owned and operated by Earth & Ocean Ltd.

37.2 We are registered in England and Wales under registration number 12859754, and our registered office is at 31 Milford Lodge, Milford, GU8 5JF.

37.3 Our principal place of business is at 31 Milford Lodge, Milford, GU8 5JF.

37.4 You can contact us:

(a) by post, to the postal address given above;

(b) by email, using hello@earthoceanfood.co.uk

Data sources