Terms & Conditions



Orders and Payments

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This website is operated by Earth Couture. These Terms and Conditions govern the relationship between Earth Couture and our users. By using or accessing or visiting Earth-Couture.com, you agree and/or affirm to be bound by these Terms and Conditions. If you object to anything in these Terms and Conditions or our Privacy Policy, do not use our Website or Services.

1. Definitions
In these terms and conditions:
'content' means information we publish or you post on Earth Couture.com, including information about you
'Earth Couture.com' means Karabay Limited trading as Earth Couture, Registered in England, Company Registration Number 6759368
'our site' means our presence on the Internet;
'our', 'we' and 'us' means Earth Couture and, where applicable, its employees, affiliates and authorised agents; and
‘products’ means the goods and/or services provided by Earth Couture including but not limited to our fashion collection
'use' means use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of
'you' and 'your' include any user of our site.
'website' means Earth Couture.com

2. Orders & Payment
All orders are subject to acceptance and availability. Unless otherwise stated, items on the Earth Couture website are in stock and available for delivery. If your item becomes unavailable we contact you as soon as possible to inform you and you will be offered a full refund.
We must receive payment of the whole of the price for the services that you order before your order can be accepted. Once payment has been received by us we will confirm that your order has been accepted by sending an email to you at the email address you provide in your order form. Ownership in the products passes to you when we receive full payment of all sums due in respect of the products including delivery charges.
We reserve the right not to accept your order or to refuse to process a transaction at any time at our sole discretion.
Our acceptance of your order brings into existence a legally binding contract between us, on the following terms and conditions.

3. Your Details
By providing us with your details to make a purchase you understand and agree that:
• You will provide us with truthful personal information about yourself and will keep this information accurate and current
• You will not create an account for anyone other than yourself without permission and you will not share your account details with anyone else or do anything else to jeopardise the security of your account
• You will only use our website if you are over 18 years old. By using our website you represent and warrant that you are 18 years or older. Any use of our website by anyone under the age of 18 years old is strictly prohibited and is in violation of these Terms and Conditions.
You agree to notify us of any content which breaches these Terms and Conditions by e-mailing us at info@earth-couture.com.

4. Price and Payment
The prices payable for the goods and/or services that you order are as set out in our website. If you fail at any time to pay any charges due in accordance with these terms and conditions we may, in our discretion and without prejudice to our other rights, refuse to provide you with our goods and/or services. We need not provide you with advance notice in such circumstances.
Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a confirmation of sale.
Despite our best efforts, sometimes our products may be incorrectly priced. Where there is a discrepancy in price, and the stated price is less than the correct price for the products we will contact you for instructions before delivery or reject your order and notify you of such rejection. Where the stated price is more than the correct price, we will charge you the lower amount when making delivery to you.
We use Sage Pay to process payments through our websites and do not make any representation or warranty with regard to their service. The internet is not a secure medium an.

5. Taxes
We have made every effort to make clear whether the quoted prices for services available through our site include any relevant tax or duty or do not. Where in any case it is not clear please note before you make an order that you might be required to bear a liability to tax or duty (for example value added tax) imposed by the supplier or by operation of law that is in addition to the price.
International and USA orders: Please note that local import taxes will be payable by the customer ordering the goods. The extra cost will be levied at the point of entry by the local customs.


Delivery and Returns

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6. Returns, Refunds & Cancellation

6.1 If you purchase an item from us then you agree that payments made through our website are made at your own risk. If you purchase an item from us then you have the right to cancel your order within 7 working days of receiving the item. To do so, you must notify our Customer Services team on info@earth-couture.com within those 7 working days. You will then be entitled to a refund from Earth Couture which will be paid as soon as possible, but in any event within 30 days. No refund will be given for sale items, credit only.

6.2 If you cancel your order with us, you must return any items to us immediately, in the same condition in which you received them, at your own cost. If you return any items, we will not be responsible for any loss or damage to them in transit and we reserve the right to charge you for any such loss or damage.

6.3 If the items were made to your specifications, or are clearly personalised, you will not have the right to cancel your order under section

6.4 If you are not happy with your purchase, simply complete the form contained in your parcel and return the item, along with the completed form, to us within fourteen days of receiving your parcel (except where you are returning it because it is incorrectly delivered, or faulty.

6.5 You must return the item(s) in the same condition in which you received them, with their original packaging. You are asked to take reasonable care with the items and in the case of an item with a hygiene seal, you are required not to remove the seal when examining the item.

6.6 Any return carried out (other than for faulty items or items delivered incorrectly by us) will be at your own expense.

6.7 A full refund excluding delivery costs will be processed within fifteen days of us receiving the returned items. No refund will be given for sale items, credit only.

6.8 We advise you to return items by recorded delivery or by any other means that shows proof of the return.

7. Consumer Rights

As a consumer you have the right to cancel a contract at any time within seven working days, beginning on the day after you received the products. In this case, you will receive a full refund of the price paid for the Products in accordance with our returns policy.
To cancel a contract, you must inform us in writing and return the products to us immediately, in the same condition in which you received them and at your own cost and risk. You have a legal obligation to take reasonable care of the products whilst they are in your possession.
Your statutory rights are unaffected.

8. Access

We reserve the right in our sole discretion to deny users access to our site or any part of our site without notice (including blocking IP addresses) and to decline to provide the service to any user that is in breach of these terms and conditions of use.

9. Delivery

Delivery will be made as soon as possible after your order is accepted and in any event within 30 days of your order. The products are at your risk from the time of delivery.
For all UK standard orders, we use the Royal Mail delivery service.
For all International orders, we use the best delivery service available at that time. International orders may be subject to the payment of import duties and taxes. You are responsible for payment of any such import duties and taxes.
All delivery incurs a delivery fee which will be charged in addition to the cost of the goods and/or services purchased. The delivery fee in respect of your order with us will be advised to you at the time your order is made.

10. Links to other sites

Certain links, including hypertext links, in our site will take you outside our site. Links are provided for your convenience and inclusion of any link does not imply endorsement or approval by us of the linked site, its operator or its content. We are not responsible for the content of any website outside our site.


Copyright and Trademarks

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11. Copyright

All rights in the design, text, graphics and other material on our site and the selection or arrangement thereof are the copyright of us or other third parties. Permission is granted to electronically copy and print in hard copy portions of our site solely in connection with the acquisition of goods and/or services through our site. Any other use of materials on our site (including reproduction for purposes other than those noted above and alteration, modification, distribution, or republication) without our prior written permission is strictly prohibited.

12. Trade marks

All trade marks, product names and company names or logos used in our site are our property or that of their respective owners. No permission is given by us in respect of the use of any such trade marks, get-up, product names, company names, logos or titles and such use may constitute an infringement of the holder's rights.

13. Accuracy and Variations

We have taken care with the descriptions and specifications of our products and to reproduce colours and styles accurately on our website, although some variation may occur.
We reserve the right at any time without notice to revise the content of our site (including the goods and/or services offered by us) and these terms and conditions. Any changes to these terms and conditions will be posted on our site and by continuing to use our site following any such change you will signify that you agree to be bound by the revised terms and conditions of use.


Exlusions and Indemnity

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14. Notices

Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at Earth Couture, 20 Holywell Row, London EC2A 4XH and all notices from us to you will be displayed on our website from to time.

15. Events beyond our control

We shall have no liability to you for any failure to deliver goods and/or services you have ordered or any delay in doing so or for any damage or defect to services delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.

16. Exclusions and Limitations

You use our website at your own risk.
We are providing this site on an 'as is' basis and makes no representations or warranties of any kind with respect to this site or its contents and disclaim all such representations and warranties.
We make no representations or warranties about the accuracy, completeness, or suitability for any purpose of the information and related graphics published in this site. The information contained in this site may contain technical inaccuracies or typographical errors.
We do not represent or warrant that access to our site, or any part of it will be uninterrupted, reliable or fault free.
We do not represent or warrant to you that our site or any of its contents will be accurate, complete, reliable or useful. We are not and cannot be responsible for content posted, transmitted or shared on our website.
We do not represent or warrant that:

• any goods and/or services (whether or not provided by us) will be provided with due care and skill; or
• any goods and/or services (whether or not provided by us) will be of merchantable quality or will be fit for any purpose (even if that purpose has been previously notified to us).

We make no representation or warranty that our site is safe to use. You agree to take a reasonable degree of caution in all using our website.
To the extent permitted by law, we exclude all liability (whether arising in contract, tort or otherwise and whether or not due to our negligence) which we may otherwise have to you as a result of:

• any technical, factual, textual or typographical inaccuracies, errors or omissions on or relating to our site or any information on our site; • the unavailability of our site (or any part of it), or its services;
• any delay in providing, or failure to provide or make available goods and/or services or any negligent provision of services;
• any services not being of merchantable quality or fit for their intended purpose; or
• any misrepresentation on or relating to our site, the services (other than a fraudulent misrepresentation made by us or on our behalf).

In no event shall we be liable for any damages and/or losses whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of our website, including without limitation, bodily injury, emotional distress, loss of data, loss of income or profits, damages for loss of or damage to property and/or any other damages resulting from use of our website.
Our maximum liability to you in respect of your use of our site or any services we provide or make available to you through or in relation to our website is limited to the purchase price of the products you purchased.
You agree that each of these limitations is reasonable having regard to the nature of our site and in particular given that when you purchase goods and/or services through our site you will enter into a separate contract in each case.
None of the exclusions or limitations in these terms and conditions shall exclude or restrict our liability for:

(a) death or personal injury caused by our negligence
(b) section 2(3) of the Consumer Protection Act 1987
(c) fraud or fraudulent misrepresentation
(d) any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

None of the above exclusions shall affect any statutory rights which are not capable of being excluded. However, in such case our obligation, where permitted by law, will be limited to the re-supply of our site, or its service to you.
Each of the above exclusions or limitations shall be construed as a separate, and severable, provision of these terms and conditions.

17. Indemnity

You agree to indemnify and hold Earth Couture harmless from all loss, liabilities, claims, demands and expenses (including reasonable legal fees) made by any third party that may arise from any breach of these Terms and Conditions by you or through a machine on which you access the our website.

18. Waiver and Invalidity

Failure on our part to enforce any part of these Terms and Conditions will not be considered a waiver. Any amendment to or waiver of these Terms and Conditions must be made in writing and signed by us.
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

22. Governing Law

The contract between us shall be governed by and interpreted in accordance with English Law and the English Courts shall have exclusive jurisdiction to resolve any disputes between us.

23. Entire Agreement

These terms and conditions, together with our current website prices, contact details and privacy policy set out the whole of our agreement relating to the supply of the goods to you by us. Nothing verbal statements should be understood as a variation of these terms and conditions or a representation about the nature or quality of any services offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
We do not separately file the individual agreements entered into by customers when they purchase from Earth Couture.com. You can access our terms and conditions at Earth-Couture.com.
Please contact us with any questions regarding this agreement. Our postal address is: 20 Holywell Row, London EC2A 4XH


Privacy

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19. Privacy and Use of Your Information

You agree that we may collect, store, and use information about you in accordance with our privacy policy. You acknowledge and agree to be bound by the terms of our privacy policy.

20. Third party rights

A person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.

21. Transfer of Business

We may freely assign all of our rights and obligations under these Terms and Conditions in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.


Governing Law

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22. Governing Law

The contract between us shall be governed by and interpreted in accordance with English Law and the English Courts shall have exclusive jurisdiction to resolve any disputes between us.

23. Entire Agreement

These terms and conditions, together with our current website prices, contact details and privacy policy set out the whole of our agreement relating to the supply of the goods to you by us. Nothing verbal statements should be understood as a variation of these terms and conditions or a representation about the nature or quality of any services offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
We do not separately file the individual agreements entered into by customers when they purchase from Earth Couture.com. You can access our terms and conditions at Earth-Couture.com.
Please contact us with any questions regarding this agreement. Our postal address is: 20 Holywell Row, London EC2A 4XH


Privacy Policy

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Website Privacy Policy

Earth Couture is committed to ensuring that your privacy is protected. This privacy policy is a legal document which explains how we use the information we collect about you, how you can instruct us if you prefer to limit the use of that information and procedures that we have in place to safeguard your privacy. Our privacy policy forms part of our Terms and Conditions, which should be read together with this document.
The principal activities of Earth-Couture.com is a website to sell and market our branded fashion collection. You can access our website home page and browse a limited number of pages on our website without disclosing your personal data.

1. The information we collect and how we use it
Purchasing from our website is optional. If you choose not to purchase goods from our website, you can browse a limited number of pages on our website other than our online shop.
When you purchase from our online shop we ask to know: your name, billing address, shipping address, city, country, e-mail address, phone number, in addition to asking for your credit or debit card details.
We gather this information to allow us to process your purchase and for the technical administration of our website. The relevant information is then used by us, our agents and sub-contractors to communicate with you on any matter relating to the conduct of your account and the provision of the service in general.
We may also use aggregate information and statistics for the purposes of monitoring website usage in order to help us develop the website and our services and may provide such aggregate information to third parties. These statistics will not include information that can be used to identify any individual.
Although we will not share your information with third parties, we may want to provide you with information about special features of our website or any other service or products we think may be of interest to you. If you would rather not receive this information, please send an e-mail message to info@earth-couture.com.
We sometimes collect anonymous information from visits to our site to help us provide better customer service. For example, we keep track of the domains from which people visit and we also measure visitor activity on our website, but we do so in ways that keep the information anonymous. We use the information that we collect to measure the number of visitors to the different areas of our site, and to help us make our site more useful to visitors. This includes analysing these logs periodically to measure the traffic through our servers, the number of pages visited and the level of demand for pages and topics of interest. The logs may be preserved indefinitely and used at any time and in any way to prevent security breaches and to ensure the integrity of the data on our servers.
Also, when we collect personal data from you in connection with a transaction we may extract some information about that transaction in an anonymous format and combine it with other anonymous information.
This anonymous information is used and analysed only at an aggregate level to help us understand trends and patterns. None of this information is reviewed at an individual level. If you do not want your transaction details used in this manner, you can either disable your cookies or opt-out at the order or request stage.

2. Our use of cookies and other information gathering technologies
We use a small text file known as a “cookie” in order to collect the login and password details of a user so that we can identify the user and so that it does not have to be re-entered at each new visit. The following information is stored in the cookies:

(a) customer name
(b) customer password
(c) session id

This cookie may be downloaded to your computer when you use our website. This option can be turned off by unselecting the box on the login page. Most internet browsers also allow the option to turn off or limit the transfer of cookies from a website. If you do not allow cookies to be used by us, then your experience of our website may be not be enhanced. To find out more about cookies, we recommend you look at the Cookies section of the Interactive Advertising Bureau website on the following link http://www.allaboutcookies.org/.
We also use Google Analytics to automatically collect and store anonymous information about the use of our website. More information about the data Google collects can be found by visiting http://www.google.com/analytics/.

3. How we protect your information
Although our website uses various security measures including anti-virus software and SSL certification, the internet is not a secure medium. However we aim to keep your information confidential and have put in place various security procedures as set out in this policy and internally in order to protect the security of our users data particularly from unauthorised access, improper use or disclosure, unauthorised modification and unlawful destruction or accidental loss.
However, each user remains responsible for safeguarding their own security by ensuring their account details are not shared with anyone, that they log off or exit from Earth Couture when not using our website and by keeping his/her password and payment details secret.

4. Sale of business
If this business is sold or integrated with another business your details may be disclosed to our advisers and any prospective purchasers and their advisers and will be passed on to the new owners of the business.

5. Updating your details
If any of the information that you have provided to Earth Couture changes, for example if you change your e-mail address, name or payment details or if you wish to cancel your registration, please let us know the correct details by sending an e-mail to info@earth-couture.com or by sending a letter to Earth Couture, 20 Holywell Row, London EC2A 4XH.
We will keep your personal data only as long as is necessary for the purposes to which you consent under our Terms and Conditions and this Privacy Policy, or as is required by applicable law, and then we will delete it.

6. Your consent
By submitting your information you consent to the use of that information as set out in this policy. If we change our privacy policy we will post the changes on this page, and may place notices on other pages of the website, so that you may be aware of the information we collect and how we use it at all times. We will also e-mail you should we make any changes so that you may consent to our use of your information in that way. Continued use of the service will signify that you agree to any such changes.
Owing to the global nature of the Internet infrastructure, the information you provide may be transferred in transit to countries outside the European Economic Area that do not have similar protections in place regarding your data and its use as set out in this policy. However, we have taken the steps outlined above to try to improve the security of your information. By submitting your information you consent to these transfers.

7. Third Party Websites
There are links on our website to third party websites and features on our website which may not operated by us. We are not responsible for the privacy practice, policy or content of third party websites or features which may appear on our website.

8. Changes to our Privacy Policy
Any changes to our Privacy Policy, will be notified to you in the same way as we notify changes to our Terms and Conditions.

9. Privacy Support
We welcome your views about our website and our privacy policy. If you would like to contact us with any queries or comments please send an e-mail to info@earth-couture.com or write to us by post at Earth Couture, 20 Holywell Row, London EC2A 4XH.
Upon request, we will provide you with a readable copy of the personal data which we keep about you within 45 working days, although we may require proof of your identity in advance. Any such personal data access requests are subject to a charge of £25.00. We reserve the right to refuse to provide our visitors with a copy of their personal data if they are not able to prove their identity to us, but will give reasons for our refusal. We do, however, allow you to challenge our decision to refuse to provide you with a copy of your personal data.
We allow you to challenge the data that we hold about you and, where appropriate, you have the data erased, rectified or amended or completed.

10. Data Protection Law and Information
Earth Couture is the trading name of Karabay Limited, a company registered in England with the company registration number 6759368. You can also read more about data protection laws by visiting the Information Commissioner's website at http://www.ico.gov.uk, where you can also view our Data Protection Notification (Registration Number [ reference qwh616]).
We may be required by law to comply with a request to disclose to third parties such users personal information as we hold. We reserve the right to make such disclosures.
This Privacy Policy was last updated on 17th March 2010.


Delivery and Returns

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DELIVERY AND RETURNS

How much is delivery and how long does it take?

UK £6 (2-3 working days)

Europe £14 (4-8 working days)

International (Rest of World) £20 (8-14 working days)

Your order will be sent out via the most suitable carrier, depending on the size and weight.

How is my earth couture purchase sent?

We send all UK orders via Recorded Signed for Delivery so please be aware that a signature will be required on receipt of your order.

How do you calculate the delivery charge?

If for whatever reason you are not present at the time of delivery, a delivery note will be left inviting you to contact the courier directly in order to arrange re-delivery at a convenient time. If you are not in when a second delivery attempt is made, another note will be left asking you to call to arrange a convenient time for delivery. If you are not in when a third attempt is made, the parcel will be returned to the courier's warehouse and you will be contacted. We will refund you for the value of the items ordered but not for the delivery charge

Our delivery times are as follows:
UK – 2-3 working days

Europe within 4 – 8 working days

Rest of the world within 8 – 14 days

If you still haven’t received your package after this time please contact the customer care team at info@earth-couture.com.

Please note we refer to working days and do not including weekends or holidays. Timescales are from time of dispatch and not from the time the order is placed. You will receive an estimated dispatch date on your order confirmation and can track the progress of your delivery by using the tracking code supplied in your account.

Please note the UK Holidays below which will affect delivery times:

New Year's Day

Good Friday

Easter Monday

May Day Bank Holiday (first weekend in May)

Spring Bank Holiday (usually the last weekend in May)

Summer Bank Holiday (usually the last weekend in August)

25th December - Christmas Day

26th December - Boxing Day
We are completely committed to getting your order to you as quickly as possible, but sometimes goods maybe subject to delays which are beyond our control. Please note that the recipient will be responsible for any additional postage charges incurred.

Will I be charged customs and import charges?

We are not responsible for any customs or import duties that may be requested in order for you to receive your package. These are charged once the parcel reaches its destination country. These charges must be paid by the recipient of the parcel.

Please note, we cannot control these charges, and cannot tell you what the cost would be, as customs policies and import duties vary widely from country to country.
It is useful to contact your local customs office for current charges before you order to get an idea of the costs that may be incurred.

Does Earth Couture deliver from a different delivery address?

Yes, you may pick a different delivery address when you are placing your order. For security reasons, we do not deliver to a PO Box address.

If you work in a huge office building, please be sure that there will be someone available to receive your package and ensure it gets to you as we cannot be held responsible for packages that go missing once they are signed for!

What if my parcel is damaged for some reason?

We take good care when dispatching orders but we recommend that when you receive your order, you carefully check the item(s) received. Any problem with the order should be notified to our Customer Service team info@earth-couture.com

as soon as possible.
You must return any incorrectly delivered or faulty item(s) to us as soon as possible, and at the latest within 30 days of receipt of the item, and we will refund the cost of you doing so.

We will provide a full refund including delivery costs for a faulty or missing item or, where requested by you, we can send a replacement item subject to availability.

RETURNS

Do you offer a refund if the items are not suitable?

If you are not happy with your purchase, simply complete the form contained in your parcel and return the item, along with the completed form, to us within fourteen days of receiving your parcel.

You must return the item(s) in the same condition in which you received them, with their original packaging (including the earth couture packaging and/or hangers). You are asked to take reasonable care with the items.

Any return carried out (other than for faulty items or items delivered incorrectly by us) will be at your own expense.

The item I received is faulty, how do I get a refund / exchange?

We take care when dispatching orders but we recommend that when you receive your order, you carefully check the item(s) received. Any problem with the order should be notified to our Customer Care team at info@earth-couture.com as soon as possible.

You must return any incorrectly delivered or faulty item(s) to us as soon as possible, and at the latest within 30 days of receipt of the item, and we will refund the cost of you doing so.

We will provide a full refund including delivery costs for a faulty or missing item or, where requested by you, we can send a replacement item subject to availability.

I have received the wrong item, what should I do?

We are so sorry if we have got your order wrong. As soon as you receive your item, please contact customer care at info@earth-couture.com quoting your order number, your name and address, details of the product and the reason for return, and whether you require a refund or a replacement. We will then advise on how to proceed with the return.

Part of my order is missing, what should I do?

Please kindly first check your delivery note to make sure that there is not a message explaining that one or more of your items will be arriving separately. If this is not the case please email info@earth-couture.com

Please quote your order number, product code and product name as well as what is wrong with your order and we will get back to you. We aim to respond to emails within 48hrs (Monday – Friday).

If the item is out of stock we will let you know and offer a full refund.

For all other questions please refer to the Terms and Conditions page or contact info@earth-couture.com

I returned an item and it was incorrectly refunded or replaced

Earth Couture has a certain amount of each style so if you were expecting a replacement and got a refund instead, this maybe because we were unable to exchange the item for what you wanted. In this instance we would automatically issue you with a refund.

If however you were expecting a refund and received a product in exchange, please contact the customer care team at info@earth-couture.com who will reply within 48 hours of receiving the email.

I have been refunded the incorrect amount.

We apologize if we have made a mistake with your refund. Please get in touch with our customer care team at info@earth-couture.com who will try and amend this for you as soon as possible.