Terms and Conditions

1. General
These terms and conditions apply to the entire contents of this website under the domain name www.ecolibris.net (the “Website”), to the services we provide through the Website and to any correspondence by e-mail or mail between Eco-Libris and you. Please read these terms and conditions carefully before using this Website.

This notice is issued by Eco-Libris LLC of 424 Wharton Drive, Newark DE 19711 USA.

Definitions:
‘Agreement’ means these Terms and Conditions and any Form, email, letter or web page that the client may complete to request supply of the Services.
‘Client’ means the individual, company or organization who has ordered Services from Eco-Libris.
‘Services’ means the supply of any goods or services advertised on the Website.
‘Form’ means one or more forms, letters, emails or web pages stating the number of books to be balanced out and the price payable for the Services.
‘Planting Partners’ means suppliers and any contractors employed by Edo-Libris for providing the Services.

2. Acceptance
By requesting the provision of the Services and/or accepting any proposal produced by Eco-Libris in performance of the Services, the Client shall be deemed to have accepted the terms and conditions of this Agreement, which shall govern the provision of the Services. For the avoidance of doubt, Eco-Libris will also be entitled to invoice and expect payment for the Services.

3. Conditions for the provision of Services
Eco- Libris through its Planting Partners will supply and plant trees in accordance with the Client’s order as stated in the Form. Eco-Libris will also provide the Client with stickers accordingly.

The location of the planting may be anywhere in the world and will be selected by Eco-Libris. The Client does not have rights of ownership in the trees.

Eco-Libris only facilitates tree planting within specified planting seasons (details available on request) which are set out by its Planting Partners. The trees ordered by the Client will be planted within a year of the date of the order.

All performance dates for the Services estimated by Eco-Libris, are approximate only and Eco-Libris shall not be liable for any delay in performance howsoever caused. Time for performance of the Services shall not be of the essence. Eco-Libris will not be responsible for any delays or losses during the planting and/or the shipment process.

Eco-Libris reserves the right to decline to trade with any other company or person.

Eco-Libris reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Eco-Libris shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

4. Payment terms
All prices quoted include sales taxes and other local levies in accordance with the laws of Delaware. Prices also include standard shipping services to all destinations (domestic and international) serviced by the United States Postal Services and other Postal Services used by Eco-Libris.

The actual fees payable for the Services shall be set out in the Form issued by Eco-Libris and shall be settled before any Services will commence.

The currency for all payments is US Dollars (USD) only.

5. Amendments by Eco-Libris
Great care is taken to ensure that the descriptions and prices quoted in any proposal or Form are accurate. Changes can occur, though, and Eco-Libris reserves the right to change details in the proposal/Form, including prices, in which case Eco-Libris will make every effort to advise the Client of any such change.

6. Copyright notice
By using the Website you agree to respect the intellectual property rights of Eco-Libris and agree to refrain from copying, downloading, transmitting, reproducing, printing, or exploiting for commercial purpose any material including photographs contained within the website, or link to this website without our written permission.

7. Cancellation and Refund Policy
If for any reason the Client feels they have made a mistake or wish to cancel their online transaction, a refund can be requested. Refunds will generally be accepted at any time within seven days of the transaction. Eco-Libris may refund part or all of the payment at its discretion provided that no expenses or commitments have been incurred by it in respect of the Services. Such expenses or commitments will be subtracted from any monies repaid.

Refund requests are to be advised in emails to support@ecolibris.net and are effective on the day they are received by Eco-Libris. If such a request is received by Eco-Libris after stickers were sent to the Client, the request’s processing will be subject to the return of the stickers to Eco-Libris. The stickers will be sent back to Eco-Libris at the Client’s expense.

8. Information and Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

8.1 The contents of this website are only for general information or use. They do not constitute advice and should not be relied upon in making (or refraining from making) any decision. Eco-Libris uses reasonable care to make sure that the information appearing on this website is accurate and up to date. However, errors and omissions do occur and you should independently verify the accuracy of the information yourself before placing any reliance upon it.

8.2 Eco-Libris makes no warranty that the contents of this website are free from infection by viruses or anything else that has contaminating or destructive properties and users are advised to take all appropriate steps (including the use of up-to-date anti-virus software) to minimise the impact of any such viruses or similar items.

8.3 FOR THE REASONS REFERRED TO IN PARAGRAPHS 8.1 AND 8.2 (ABOVE) AND BECAUSE ECO-LIBRIS DOES NOT HAVE ANY CONTROL OVER THE USE TO WHICH THE INFORMATION ON THIS WEBSITE MAY BE PUT, ECO-LIBRIS HEREBY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AS TO THE ACCURACY OF ANY INFORMATION CONTAINED ON THIS WEBSITE AND/OR THE AVAILABILITY OF THIS WEBSITE AND, ACCORDINGLY, ECO-LIBRIS SHALL HAVE NO LIABILITY (SAVE IN RELATION TO (i) DEATH OR PERSONAL INJURY ARISING THROUGH ITS NEGLIGENCE; AND/OR (ii) ANY OTHER MATTER IN RESPECT OF WHICH LAW PRESCRIBES THAT LIABILITY MAY NOT BE EXCLUDED OR LIMITED) FOR ANY LOSS OR DAMAGE HOWSOEVER ARISING AND OF WHATEVER NATURE INCURRED IN THE USE OF THIS WEBSITE OR IN RELIANCE ON ANY INFORMATION CONTAINED ON IT INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSS (INCLUDING WITHOUT LIMITATION, LOSS OF BUSINESS, LOSS OF REVENUE, LOSS OF ANTICIPATED SAVINGS, LOSS OF GOODWILL AND/OR LOSS OF PROFITS), ARISING IN CONTRACT, TORT OR OTHERWISE. FURTHER ECO-LIBRIS EXCLUDES LIABILITY FOR THE NEGLIGENCE OF ITS PLANTING PARTNERS.

8.4 The provisions of paragraph 8.3 (above) shall not affect any express written warranties given by Eco-Libris in connection with the sale of any product or service.

9. Material Submitted by Users
In the event that any element of this website contains material submitted by users, Eco-Libris shall not accept any responsibility for the content or accuracy of such material and the views expressed are not necessarily those of Eco-libris.

Do not post or transmit to or from this website any unlawful, threatening, defamatory, obscene, scandalous, inflammatory, pornographic or profane material or racist, harmful, threatening or menacing or any other material which could give rise to any civil or criminal liability.

Eco-Libris expressly reserves the right at any time and without notice to edit or withdraw any material posted to this website by any user for any reason whatsoever.

10. Access to the Website
Eco-Libris does not guarantee uninterrupted and/or reliable access to this website and Eco-Libris makes no guarantees whatsoever as to its operation, availability, functionality or otherwise. Further, Eco-Libris expressly reserves the right (without giving notice) to discontinue access to this website at any time and for any reason. Eco-Libris shall have no liability to in the event that this website is unavailable at any time and whether such non-availability is temporary or permanent.

11. INTELLECTUAL PROPERTY RIGHTS
The Client acknowledges and agrees that, unless otherwise agreed between the parties, all property, copyright and other intellectual property rights in work assigned from or created, produced or developed by Eco-Libris pursuant to this Agreement, including without limitation any right, title or interest in and to the Services, shall immediately upon creation or performance vest in and shall be and remain the sole and exclusive property of Eco-Libris. Eco-Libris may assign such rights to the Client subject to the payment of an additional fee to be agreed.

12. WARRANTY
The Client warrants that all information provided to Eco-Libris will be up to date and accurate and that it is entitled to provide the same to Eco-Libris for its use without recourse to any third party

13. FORCE MAJEURE
Eco-Libris shall not be liable for any delay in performing or failure to perform its obligations hereunder to the extent that such delay or failure results from any cause or circumstance beyond its reasonable control (an ‘event of force majeure’) including, but not limited to, any default or delay by its Planting Partners, or any third party supplier or sub-contractor and any governmental action. If any event of force majeure occurs, the date(s) for performance of Eco-Libris’ affected obligation(s) shall be postponed for as long as is made necessary by the event of force majeure. If any event of force majeure continues uninterrupted for a period of 6 months, either party may terminate this Agreement immediately by written notice to the other.

14. Links from this website
This Website may contain hyperlinks to websites operated by other parties. Eco-Libris is not responsible for the site contents, the privacy policies or terms and conditions of those websites.

15. Applicable Law
This site is created and controlled by Eco-Libris in Delaware. As such, the laws of Delaware will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws.

16. Modification of Terms
Eco-Libris reserves the right to change these Terms and Conditions at any time. Any such changes will take effect immediately when posted on the Website. It is your responsibility to read the Terms and Conditions each time you enter this Website and your continued use of the website indicates your acceptance of the current Terms and Conditions.

17. Notices
Any notice or consent under the Agreement constituted by these terms and conditions must be in writing. All the Terms of the agreement between the parties in relation to the subject matter of this Agreement are set out in it, and it is acknowledged that neither the Client nor Eco-Libris enter into this Agreement in reliance on any representation, undertaking or promise implied or otherwise made by the other.

Neither party shall have any remedy in respect of any misrepresentation made upon which it has relied in entering into this Agreement (unless such misrepresentation was made fraudulently).

 
 
   
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