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.
‘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.
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 firstname.lastname@example.org
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
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”
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.
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
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.
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).