Effective Date: September 3, 2024

Welcome to EarthlyBreath! These Terms and Conditions ("Terms") govern your access to and use of our website and services. By accessing or using EarthlyBreath, you agree to comply with and be bound by these Terms. If you do not agree with these Terms, please do not use our services.

Use of the Website

a. Eligibility

To use EarthlyBreath, you must be at least 18 years old and have the legal capacity to enter into binding contracts. By using our website, you represent and warrant that you meet these eligibility requirements.

b. Account Registration

To access certain features of our marketplace, you may need to create an account. You agree to provide accurate, complete, and up-to-date information during the registration process and to update such information as necessary. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

c. Prohibited Activities

You agree not to engage in any of the following prohibited activities:

• Using the website for any unlawful purpose or in violation of any applicable laws or regulations.
• Impersonating any person or entity, or falsely representing your affiliation with any person or entity.
• Interfering with or disrupting the operation of the website or servers connected to the website.
• Uploading or transmitting any viruses, malware, or other harmful code.
• Collecting or storing personal information of other users without their consent.

Marketplace Transactions

a. Buying Products

When you place an order on EarthlyBreath, you are making an offer to purchase the products in your cart. All orders are subject to acceptance by the seller. We reserve the right to refuse or cancel any order at any time for any reason, including but not limited to product availability, errors in product descriptions or pricing, or issues identified by our fraud prevention team.

b. Payment

Payment for products is made upon delivery. You agree to pay all charges associated with your order, including shipping costs and applicable taxes. Payment will be collected by the delivery agent upon receipt of the goods.

c. Shipping and Delivery

Each seller is responsible for processing and shipping the products you order. Shipping times may vary depending on the seller's location and shipping schedule. EarthlyBreath is not responsible for any delays or issues related to the delivery of products.

d. Returns and Refunds

Return policies are set by individual sellers. Before making a purchase, please review the seller's return policy on the product page. If the seller accepts returns, you may return the item in accordance with their policy. EarthlyBreath is not responsible for handling returns or issuing refunds; these matters are managed directly between you and the seller.

Selling on EarthlyBreath

a. Seller Registration

To become a seller on EarthlyBreath, you must create a seller account and provide accurate business information. Your account and products are subject to approval by EarthlyBreath, and we reserve the right to refuse or revoke seller status at our discretion.

b. Product Listings

Sellers are responsible for providing accurate and detailed descriptions of their products, including pricing, images, and shipping information. All products listed on EarthlyBreath must comply with our marketplace quality standards and guidelines.

c. Order Fulfillment

Sellers are responsible for processing and fulfilling orders in a timely manner. You agree to ship products promptly and to update order statuses through the seller dashboard. Failure to fulfill orders promptly may result in penalties or the suspension of your seller account.

d. Fees and Commissions

EarthlyBreath operates on a commission-based model. Sellers will not be charged commission on their first 15 orders. After these initial 15 orders, a commission of 9% per order (excluding shipping costs) will apply. Commissions are billed every 15 orders and are viewable on the seller's dashboard.
Please note, commissions will still be charged on returns, failed fulfillments, and failed deliveries, as these are considered part of the seller's transaction process.

Intellectual Property

a. Ownership

All content on the EarthlyBreath website, including text, graphics, logos, images, and software, is the property of EarthlyBreath or its content suppliers and is protected by intellectual property laws. You may not use, reproduce, or distribute any content from our website without our prior written permission.

b. User-Generated Content

By submitting or posting content on EarthlyBreath, you grant us a non-exclusive, royalty-free, worldwide, perpetual license to use, reproduce, modify, adapt, publish, and display such content in connection with our services. You represent and warrant that you have the right to grant this license and that your content does not violate any third-party rights.

Disclaimers and Limitation of Liability

a. Disclaimers

EarthlyBreath provides the website and services "as is" and "as available," without any warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee the accuracy, completeness, or reliability of any content or information provided on our website.

b. Limitation of Liability

To the fullest extent permitted by law, EarthlyBreath and its affiliates, officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:

• Your use of or inability to use the website.
• Any conduct or content of any third party on the website.
• Any content obtained from the website.
• Unauthorized access, use, or alteration of your transmissions or content.
• Any damage to health, financial loss, physical injury, or any other harm caused by products sold on EarthlyBreath. Each seller is solely responsible for the products they list and sell on our marketplace, including any claims or issues arising from their use.

Indemnification

You agree to indemnify, defend, and hold harmless EarthlyBreath and its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, or expenses, including reasonable attorneys' fees, arising out of or in any way connected with your use of the website, your breach of these Terms, or your violation of any law or the rights of a third party.

Governing Law

These Terms and any disputes arising out of or relating to these Terms or your use of the website shall be governed by and construed in accordance with the laws of the country of Lebanon.

Changes to These Terms

We may update these Terms from time to time to reflect changes in our practices or for other operational, legal, or regulatory reasons. We will notify you of any significant changes by sending you an email, posting the new Terms on our website, and updating the effective date. Your continued use of the website after any such changes constitutes your acceptance of the new Terms.

Contact Us

If you have any questions or concerns about these Terms, please contact us at:
Email: support@earthlybreath.com