Terms of sale

Who we are and how to reach us

Enchanted Earth is a small retail business in Texas, United States. Our legal business name and mailing address are shown at checkout and at the bottom of every email we send. The quickest way to reach a person is the email address on the contact page.

Who can order

You must be at least 18 years old to place an order or hold an account, and you must give us accurate information. You are responsible for what happens under your account and for keeping your password to yourself. Tell us straight away if you think someone else is using it.

What you are buying

Much of what we sell is a single piece or a small batch, and the listing shows how many are left. We describe and photograph each piece as carefully as we can. Some pieces are vintage, found or natural objects; with those, expect small variations, signs of age and the occasional imperfection. Colors can look different on different screens.

Putting an item in your cart does not reserve it. A piece belongs to whoever completes checkout first. If a piece sells out while it is in your cart, checkout will tell you before you pay, not after.

Scoops

A Whimsigoth Scoop is a mystery assortment chosen by us. The listing states the minimum number of pieces it contains. It does not promise any specific item. Color, zodiac sign and notes you give us are guidance we do our best with, not a guarantee of any particular piece.

Prices, tax and mistakes

Prices are in US dollars. Sales tax is added at checkout where we are required to collect it, and shipping is charged as set out in the Shipping policy. The total you see on the review page before you click Place order is the total you pay.

If we make an obvious pricing mistake on a listing, we may cancel the order and refund you in full rather than sell at the wrong price. We will tell you if we do. We may also refuse or cancel an order where we reasonably suspect fraud or a breach of these terms.

Payment

Payment is taken at checkout through our payment processor. You confirm that you are authorized to use the payment method you give us. We do not see or store your full card number.

Shipping, delays and cancellation

Our Shipping policy is part of these terms. In short: we ship within the handling time shown when you order, never more than 5 to 10 business days; if we cannot, we email you a new date and the option to cancel for a full refund; if we cannot give a date, or need more than 30 days, or miss a second date, we need your OK to keep the order or we cancel and refund it automatically. You may cancel any order before it ships for a full refund by emailing us, or with the cancel link in any delay email we send you.

Returns and refunds

Our Returns policy is part of these terms. Items that arrive damaged, faulty, misdescribed or wrong are replaced or refunded in full where applicable. Individual pieces may be returned within 14 days. Scoops are not returnable or refundable. Refunds go back to the original payment method.

Filming your order

On some Scoops you can pay a small fee to have your order filmed while it is packed. If you choose this, you are agreeing to the following: we will film the packing of your order and post you the video when it ships. We may also post clips and stills from it, on our social media accounts and website. The video may show your first name and the note or preferences you gave us. It will never show your address, email address, order number or payment details. You give us a non-exclusive, royalty-free, worldwide license to use that footage for those purposes. You are not entitled to any payment for it.

You can change your mind. Email us and we will take the video down from the accounts we control within 48 hours and stop using it. We cannot recall copies that other people have already downloaded or shared. Withdrawing consent does not refund the filming fee once the order has been filmed. You must be 18 or older to choose filming.

Using our products safely

Our items are sold as decorative and collectible objects. Crystals, minerals, botanicals, bones, candles and similar items are not medical, therapeutic or protective devices, and nothing on this site is a health claim or a substitute for medical advice.

Candles: never leave a lit candle unattended, keep away from anything flammable, and keep out of reach of children and pets. Botanicals and dried goods are for decorative or aromatic use and are not sold for eating, drinking or medicinal use unless the listing clearly says so. Natural specimens such as bones, shells and minerals may have sharp edges or small parts and are not toys. Please keep small items away from young children and pets.

Your content and our content

The words, photographs and design on this site belong to us or to the people who let us use them. You may not copy them for commercial use without asking. If you tag us or send us a photo of your order, you are letting us repost it with credit; tell us if you would rather we did not.

Acceptable use

Do not use the site to do anything unlawful, to interfere with it, to scrape it, to try to get into accounts that are not yours, or to place orders you do not intend to pay for. We may suspend accounts that do.

Warranty

We promise that what we send you matches its description and arrives undamaged, and we stand behind that promise in the Returns policy. Beyond that, and to the extent the law allows, our products and this site are provided as they are, without any other warranty, express or implied, including any implied warranty of merchantability or fitness for a particular purpose. Some states do not allow certain warranty exclusions, so some of this may not apply to you. Nothing here limits any warranty or consumer right that cannot be excluded by law.

Limits on our liability

To the fullest extent the law allows, our total liability to you for anything arising out of an order or your use of the site is limited to the amount you paid for that order, and we are not liable for indirect, incidental, special or consequential losses, or for lost profits.

This limit does not apply to anything the law does not let us limit, including death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, gross negligence or willful misconduct, product liability that cannot be excluded, and any statutory consumer, warranty or payment-card right that cannot be waived.

Talk to us first

If you have a problem with an order, please email us before doing anything else. Most problems are fixed within a day or two. If we cannot sort it out between us within 30 days of you first raising it, either of us can use the process in the next section. This does not limit your right to raise a dispute with your card issuer.

Arbitration and class action waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

Except for the two exceptions below, any dispute or claim between you and us arising out of or relating to an order, these terms or the site will be resolved by binding individual arbitration rather than in court. The arbitration will be run by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, which are available at adr.org. The Federal Arbitration Act governs this section. The arbitrator can award the same individual relief a court could. Arbitration will take place by telephone, video or written submissions unless you ask for an in-person hearing, in which case it will be held in the county where you live or another place we both agree on.

Fees: if you start an arbitration in good faith, we will pay all AAA filing, administration and arbitrator fees beyond the amount it would have cost you to file the same claim in small claims court, unless the arbitrator finds the claim frivolous.

Exceptions: either of us may bring an individual claim in small claims court instead of arbitration, as long as it stays in small claims court. Either of us may also seek a court order to protect intellectual property or to stop unauthorized use of the site.

Class action waiver: you and we agree that claims may be brought only on an individual basis, not as a plaintiff or class member in any class, collective or representative action, and that the arbitrator may not consolidate claims of different customers. If this class action waiver is found unenforceable for a particular claim, then that claim must be brought in court and not in arbitration.

Opt-out: you can opt out of this arbitration section by emailing us within 30 days of your first order with your name, the order number and a clear statement that you want to opt out of arbitration. Opting out does not affect any other part of these terms.

Governing law and venue

These terms and any dispute between us are governed by the laws of the State of Texas and applicable federal law, without regard to conflict-of-law rules. For anything that is not subject to arbitration, you and we agree to the exclusive jurisdiction of the state and federal courts located in Texas, except that either of us may use small claims court where you live. If you are a consumer, nothing in this section takes away protections you have under the mandatory consumer laws of the state where you live.

Changes to these terms

We may update these terms from time to time. The version shown at checkout when you place an order is the version that applies to that order, and we keep a copy of it with your order. If we make a material change we will update the date on this page, and for existing account holders we will let you know by email or a notice on the site.

The small print

If any part of these terms is found to be unenforceable, the rest still applies. If we do not enforce a term on one occasion, we can still enforce it later. These terms, together with the Shipping, Returns and Privacy policies and your order confirmation, are the whole agreement between you and us about your order. You may not transfer your rights under these terms to anyone else without our written agreement.