Earthaus Terms and Conditions of Sale

EARTHAUS PLASTER LLC – TERMS AND CONDITIONS OF SERVICE
Last Updated: September 15, 2022

OVERVIEW
This website is operated by Earthaus Plaster LLC (“Seller”). Throughout the site, the terms “we,” “us,” and “our” refer to Seller. By purchasing any product from us (each a “Product,” collectively the “Products”), you (“Buyer” or “you”) agree to be bound by the following Terms and Conditions of Sale (“Terms”), including any additional policies referenced herein or available by hyperlink.

If these Terms are considered an offer, acceptance is expressly limited to these Terms.

We reserve the right to update or modify these Terms at any time by posting updates to our website. It is your responsibility to review this page periodically for any changes.

SECTION 1 – GENERAL CONDITIONS OF SALE; NO WARRANTY
Buyer understands that the Products are formulated from naturally occurring minerals and may exhibit natural variations in color, appearance, and texture.

Buyer is responsible for determining the suitability of the Products for specific applications and conditions. Any recommendations provided by Seller are based on typical use cases and do not constitute a guarantee.

Buyer agrees to pay the listed price for the Products, along with any applicable taxes, shipping, or delivery costs presented at checkout or in an invoice. Buyer assumes all risk associated with the use of the Products.

Seller provides no warranties, express or implied, regarding the Products or their performance. Buyer agrees to comply with all applicable laws governing the purchase and use of the Products.

SECTION 2 – QUALITY OF PRODUCTS; DEFECTIVE PRODUCTS

Seller will make reasonable efforts to ensure that Products conform to published specifications current at the time of delivery. Specifications are subject to change without notice.

Buyer must notify Seller in writing within 30 days of delivery if any Products do not meet specifications. Do not use Products believed to be defective. Buyer must retain them for inspection or return as requested by Seller.

If Seller confirms the Products are defective, we will either:

Replace the defective portion, or

• Replace the defective portion, or
• Issue a refund for the defective portion (at Seller’s discretion).
  

Seller is not liable for defects resulting from:

• Normal wear and tear,
• Improper storage or use,
• Alteration or mixing with other materials, or
• Failure to follow Seller’s application guidelines.
  

SECTION 3 – LIMITATION OF LIABILITY
To the fullest extent allowed by law, Seller is not liable for:

• Loss of profits or business opportunities,
• Loss of goods,
• Indirect, incidental, special, or punitive damages.

Total liability is limited to the purchase price paid for the affected Products.

SECTION 4 – DELIVERY
Seller is not liable for delays or damage during transit. Buyer is responsible for providing accurate delivery information and paying all shipping and handling costs as shown at checkout.

SECTION 5 – INTELLECTUAL PROPERTY RIGHTS
All intellectual property related to the Products—including patents, trademarks, trade names, designs, packaging, and formulations—remains the sole property of Seller.

Reverse engineering or chemical analysis is strictly prohibited.

SECTION 6 – JURISDICTION
These Terms are governed by the laws of the State of Minnesota, excluding conflict-of-law principles.

Buyer agrees to exclusive jurisdiction in the state and federal courts of St. Louis County, Minnesota. In any dispute, the prevailing party is entitled to recover reasonable attorneys’ fees and costs.

Earthaus Terms Service

EARTHAUS PLASTER LLC – TERMS AND CONDITIONS OF SERVICE
Last Updated: September 15, 2022

OVERVIEW
This website is operated by Earthaus Plaster LLC ("Seller," "we," "us," or "our"). By accessing our site and/or purchasing products, you agree to be bound by these Terms and Conditions of Service ("Terms" or "Terms of Service"), including any additional terms, policies, or hyperlinks referenced herein.

These Terms apply to all users of the site, including but not limited to browsers, vendors, customers, merchants, and content contributors. If you do not agree to all terms and conditions stated here, you may not access the website or use any services.

We reserve the right to update or modify these Terms at any time by posting changes to our website. Your continued use of the site after any updates constitutes acceptance of the revised Terms. You are responsible for reviewing this page periodically for changes.

SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms, you represent that you are at least the age of majority in your jurisdiction. You agree not to use our site or products for any unlawful or unauthorized purpose, including violations of intellectual property laws. You must not transmit any malicious code, viruses, or worms.

A breach of these Terms will result in immediate termination of your access to our services.

SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone at any time for any reason.

Except for credit card information, your content may be transferred unencrypted over various networks and adapted to meet technical requirements. Credit card information is always encrypted during transmission.

You agree not to duplicate, copy, sell, resell, or exploit any part of the Service without express written permission.

SECTION 3 – ACCURACY, COMPLETENESS & TIMELINESS OF INFORMATION
We are not responsible if information on this site is not accurate, complete, or current. All material is provided for general information only and should not be relied upon exclusively. You are responsible for verifying any information before relying on it.

Historical information may be included for reference and is not current. We may update the site at any time, but are under no obligation to do so.

SECTION 4 – MODIFICATIONS TO THE SERVICE & PRICES
Prices for products are subject to change without notice. We reserve the right to modify or discontinue any part of the Service at any time without notice.

We are not liable to you or any third party for changes to pricing, suspension, or discontinuation of the Service.

SECTION 5 – PRODUCTS OR SERVICES
Some products or services may be available exclusively online. These may have limited quantities and are subject to return or exchange only per our Terms and Conditions of Sale.

We aim to display product colors and images accurately but cannot guarantee color accuracy on your device.

We reserve the right to:

• Limit sales to specific regions or individuals;
• Limit product quantities;
• Change product descriptions or prices at any time;
• Discontinue any product.

We do not warrant that product quality or service will meet your expectations.

SECTION 6 – ACCURACY OF BILLING & ACCOUNT INFORMATION
We reserve the right to refuse or cancel any order. We may limit quantities per person, household, or order, including orders using the same customer account, credit card, or billing/shipping address.

If we make a change to or cancel an order, we may notify you via email or phone.

You agree to provide accurate, complete account and purchase information and to promptly update your account, including email and payment details.

SECTION 7 – OPTIONAL TOOLS
We may offer access to third-party tools that we do not monitor or control. These tools are provided “as is” without any warranties or endorsements.

Your use of optional tools is at your own risk. You should review and approve the third party’s terms before using their tools.

SECTION 8 – THIRD-PARTY LINKS
Our Service may include content, tools, or links from third parties. We are not responsible for the content or accuracy of third-party websites.

We are not liable for any harm or damages related to purchases or interactions with third-party websites. Review their policies before engaging with them.

SECTION 9 – USER COMMENTS, FEEDBACK & SUBMISSIONS
If you send us comments, ideas, suggestions, or other materials, you grant us a perpetual, worldwide, royalty-free license to use, modify, and distribute them.

We are under no obligation to:

• Keep submissions confidential;
• Compensate you for them;
• Respond to them.

You are responsible for ensuring your comments do not violate any rights, laws, or contain harmful content. We are not responsible for user comments.

SECTION 10 – PERSONAL INFORMATION & COMMUNICATION
Your personal information is governed by our Privacy Policy.

By using our site or services, you agree to electronic communication. You understand that unencrypted email is not secure, and you assume the risk of such communications.

SECTION 11 – ERRORS, INACCURACIES & OMISSIONS
Occasionally, information on our site may contain errors, inaccuracies, or omissions. We reserve the right to correct them, update information, or cancel orders without notice.

We are not obligated to update information except as required by law.

SECTION 12 – PROHIBITED USES
You may not use the site or its content:

• For unlawful purposes;
• To violate laws or rights;
• To upload harmful code;
• To spam, phish, or scrape data;
• To interfere with security.

We may terminate your access if you violate any of these prohibitions.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee uninterrupted, secure, or error-free service.

Products and services are provided “as is” without warranties of any kind. We are not liable for any loss, damage, or expense arising from your use of the site or products.

In jurisdictions where certain warranties or liabilities cannot be excluded, our liability is limited to the fullest extent permitted by law.

SECTION 14 – INDEMNIFICATION
You agree to indemnify and hold harmless Earthaus Plaster LLC and its affiliates from any claim or demand resulting from your breach of these Terms or your violation of any law or third-party rights.

SECTION 15 – SEVERABILITY
If any provision of these Terms is found to be unlawful or unenforceable, it shall be severed, and the remaining provisions shall remain in full force.

SECTION 16 – TERMINATION
These Terms remain effective unless terminated by you or us. We may terminate this agreement at any time if we suspect a breach. You remain liable for all obligations up to the date of termination.

SECTION 17 – ENTIRE AGREEMENT
These Terms and any policies posted on the site constitute the entire agreement between you and us. Any prior agreements or communications are superseded.

SECTION 18 – GOVERNING LAW
These Terms are governed by the laws of the State of Minnesota. Any legal action shall take place in the state or federal courts of St. Louis County, Minnesota. The prevailing party is entitled to reasonable attorney’s fees.

SECTION 19 – CHANGES TO TERMS OF SERVICE
We may update these Terms at any time. Your continued use of the site after any changes indicates your acceptance of the revised Terms.

SECTION 20 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to: support@earthausplaster.com

EARTHAUS PLASTER PRIVACY POLICY

Effective Date: October 1, 2022

This Privacy Policy describes how your personal information is collected, used, and shared when you visit or make a purchase from www.earthausplaster.com (the “Site”).

PERSONAL INFORMATION WE COLLECT
When you visit the Site, we automatically collect certain information about your device, including your web browser, IP address, time zone, and cookies installed on your device. As you browse, we also collect information about individual pages or products you view, what websites or search terms referred you to the Site, and your interactions with the Site. We refer to this automatically collected data as “Device Information.”

We collect Device Information using the following technologies:

www.allaboutcookies.org

Additionally, when you make a purchase or attempt to make a purchase through the Site, we collect your name, billing address, shipping address, payment information (including credit card numbers), email address, and phone number. We refer to this information as “Order Information.”

When we talk about “Personal Information” in this Privacy Policy, we mean both Device Information and Order Information.

HOW DO WE USE YOUR PERSONAL INFORMATION?
We use Order Information to:We use Device Information to:

SHARING YOUR PERSONAL INFORMATION
We share your Personal Information with trusted third parties to help us use your information as described:
https://www.shopify.com/legal/privacy.

https://www.google.com/intl/en/policies/privacy/ and opt out at https://tools.google.com/dlpage/gaoptout.

To the extent that such sharing constitutes a "sale" under the California Consumer Privacy Act (CCPA), you have the right to opt out. Please see our Do Not Sell My Personal Information page.

We may also share your Personal Information to comply with legal obligations, respond to lawful requests, or protect our rights.

BEHAVIORAL ADVERTISING
We use your Personal Information to serve you targeted advertisements or marketing communications we believe may be of interest to you.

You can opt out of targeted advertising through:
https://www.facebook.com/settings/?tab=ads
https://www.google.com/settings/ads/anonymous
https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads

You can also visit the Digital Advertising Alliance’s opt-out portal at http://optout.aboutads.info/.

DO NOT TRACK
Please note that we do not alter our Site’s data collection and use practices when we see a "Do Not Track" signal from your browser.

CALIFORNIA PRIVACY RIGHTS (CCPA)
We process your personal information in accordance with the California Consumer Privacy Act (CCPA). Although the CCPA applies specifically to California residents, Earthaus Plaster extends the same privacy rights to all U.S. customers.

PERSONAL INFORMATION WE COLLECT UNDER THE CCPA
See the "Personal Information We Collect" and "How Do We Use Your Personal Information?" sections above.

HOW WE SHARE PERSONAL INFORMATION UNDER THE CCPA
See the "Sharing Your Personal Information" section above.

We do not sell your personal information.

YOUR RIGHTS UNDER THE CCPA
You have the right to:

HOW TO SUBMIT REQUESTS
You may submit requests by contacting us:

Earthaus Plaster
PO Box 3841
Duluth, MN 55803
info@earthausplaster.com
1-800-917-2414

To verify your identity, we may request your email address and phone number previously used when interacting with us.

We will respond within 45 days of receiving your verifiable request. If more time is needed (up to 90 days), we will notify you.

We do not charge a fee unless your request is excessive, repetitive, or manifestly unfounded.

NON-DISCRIMINATION AND FINANCIAL INCENTIVES
We will not discriminate against you for exercising your CCPA rights.

The CCPA allows businesses to offer financial incentives for sharing personal information. Participation is voluntary, subject to applicable terms, and you may withdraw at any time.

CALIFORNIA ONLINE PRIVACY PROTECTION ACT (CALOPPA)
Our Site does not currently respond to Do Not Track signals.

Third parties may collect personal information about your browsing activities across websites. Learn more at www.allaboutdnt.com.

CHILDREN'S PRIVACY
Our services are not directed to or intended for children. If we learn that we have collected information from a child under 13 without parental consent, we will delete that information.

YOUR RIGHTS (EUROPEAN RESIDENTS)
If you are located in Europe, you have the right to access, correct, or request deletion of your personal information.

We process your information to fulfill contracts (such as completing an order) or pursue legitimate business interests.

Please note that your information will be transferred to the United States and Canada.

DATA RETENTION
When you place an order through the Site, we retain your Order Information for our records unless and until you request its deletion.

CHANGES TO THIS PRIVACY POLICY
We may update this Privacy Policy from time to time to reflect changes to our practices or for operational, legal, or regulatory reasons. Updated versions will be posted on the Site.

CONTACT US
For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us:

Earthaus Plaster
PO Box 3841
Duluth, MN 55803
info@earthausplaster.com
1-800-917-2414

Last updated November 01, 2022

Please carefully review the Earthaus Plaster Shipping & Delivery Policy when purchasing our products. This policy will apply to any order you place with us.

WHAT ARE MY SHIPPING & DELIVERY OPTIONS?

We offer various shipping options. In some cases a third-party supplier may be managing our inventory and will be responsible for shipping your products.

 In many cases, you will receive separate packages for for items from the same order.   

FREIGHT SHIPMENTS 

For larger orders, typically over 10 bags of plaster,  your shipment will be sent via LTL freight carrier.  These orders will arrive on a pallet and will be delivered to your curb using a lift gate.   LTL orders require someone to be present to sign for the delivery.  Any damage to the shipment must be noted with photographs before signing for the shipment.   Notify Earthaus Plaster immediately about shipping damages and we will take steps to file a claim with the shipper.  

Free Shipping

We offer free Free Shipping on Orders over $300. 

Trade members receive Free Shipping over $100

Expedited Shipping Fees

We also offer expedited shipping. Rates vary based on shipment size, weight and shipping location 

Shipping methods and estimated transit times. 

Free Shipping over $300    5-8 Business days

UPS 2 day air                     2-3 Business days

UPS 3 day             2-4 Business days

USPS Priority                    3-4 Business days

USPS First Class             7-10 Business days

If you select an expedited shipping option, we may  follow up after you have placed the order with any additional shipping information.

All times and dates given for delivery of the products are given in good faith but are estimates only.

INTERNATIONAL  SHIPPING 

We offer international shipping to Canada

 Free Shipping over $300  is not valid on international orders.

For information about customs process: Email info@earthausplaster.com

Please note, we may be subject to various rules and restrictions in relation to some international deliveries and you may be subject to additional taxes and duties over which we have no control. If such cases apply, you are responsible for complying with the laws applicable to the country where you live and will be responsible for any such additional costs or taxes.

If the recipient fails to pay applicable duties and taxes, the package will be abandoned and Earthaus will not refund the abandoned order, including shipping charges and fees.

SHIPPING RESTRICTIONS

Orders ship on business days Monday through Friday

Orders must be placed by 12:00 noon MST for same day shipping

Orders can not ship to PO Boxes

WHAT HAPPENS IF MY ORDER IS DELAYED?

If delivery is delayed for any reason we will let you know as soon as possible and will advise you of a revised estimated date for delivery.

QUESTIONS ABOUT RETURNS?

If you have questions about returns, please review our Return Policy below.

HOW CAN YOU CONTACT US ABOUT THIS POLICY?

If you have any further questions or comments, you may contact us by: Email: info@earthausplaster.com 

Earthaus Plaster will consider the return of certain materials within 1 year of the purchase date. Materials must be in the original packaging, unused, and in resalable condition. All returns require authorization and are subject to a minimum 15% restocking fee. We do not accept returns for Mineral Pigment Packs or pre-pigmented products: Limewash, Sample Kits, or Sample Tiles/Cards.

Earthaus Plaster will not be responsible for the shipping fees for any items being returned. Returns will not be accepted without prior authorization. Please note, Returns and exchanges may take up to two (2) weeks to process. The cost of returned goods will be refunded to the credit card payment was made from.

Earthaus Plaster will not be responsible for damage to items incurred during shipping. If a product is damaged during shipping, a refund will be given when we receive reimbursement from the shipping company.

In the event that a product is defective or mislabeled, Earthaus Plaster will replace the product or refund the full purchase price to the credit card account from which the product was purchased.