Terms and Conditions
Terms and Conditions (updated and effective from January 2 2015)
Advanced Botanical Centre of Medicine
HERBACTIVE Ltd Products
Terms and Conditions of Sale
1. Application of Conditions
Any and all materials, be they herbs, tinctures, tonics etc., (“the Goods”) sold by HERBACTIVE LTD (“the Company”, “we”, “us”) are sold under these conditions unless it is otherwise clearly stated in writing under a separate contract. These Conditions will apply to the exclusion of any terms or conditions put forward by the Customer. No conduct by the Company will be deemed to constitute the acceptance of any terms or conditions other than these Conditions.
2. Price Lists and Sales Literature
Prices given in our price lists or other sales literature are for information purposes only, and do not constitute an offer. No contract will come into existence until the Customer’s order (however given) is accepted. Invoices will be raised for prices current at the time of order.
Except as otherwise stated in any quotation or price list of the Company, or as otherwise agreed in writing, all prices are given by the Company on an ex-works basis and exclude postage, packaging and transport.
Any dates quoted for delivery are approximate only. We will use reasonable endeavours to effect delivery on agreed dates based on information available at the time of quoting; however we accept no responsibility for any loss resulting from delays to delivery or from any deterioration in quality resulting from such delays.
5. Payment and Returns
For non account Customers or Patients payment is required in cleared funds before despatch. For account Customers and Patients payment is due within 30 days of receipt of order and time for payment is of the essence.
5.1 Once payment has been made by the Customer there shall be no refund available by the Company. The Company cannot accept returned goods by the Customer because of the nature of the goods, being medicines.
5.2 Where agreement has been made between the Company and the Customer for the return of unused and unopened goods no refund shall be issued by the Company; a credit note shall be raised by the Company on behalf of the Customer. Such credit notes shall be subjected to twenty percent deduction by the Company for administration, plus other costs that may have been incurred by the Company, e.g. postage costs, credit card fees, etc.. Such credit notes offered by the Company to the Customer may be used by the credited Customer against any other goods currently available by the Company; such replacement goods chosen by the Customer must also account for carriage costs, and any other costs that may arise, within the terms of the credit note held by the Company.
5.3 Occasional guarantees. Where the Company offers 100% money back guarantee on unused and unopened products (not services which are unrefundable), the customer must return the products at their own cost, and a refund will be given 100% for the price of the goods excluding postal costs; or a credit note can be issued; or the goods may be exchanged, but postal costs must be paid for. Such offers are made solely at the discretion of the Company Director.
6. Ownership of goods
Goods remain the property of HERBACTIVE LTD until paid for in full. Risk passes on delivery of the Goods. We may not sue for the price of the Goods notwithstanding that ownership has not passed.
7. Damaged Goods & Short Orders
Any claim that goods have been delivered damaged, are not of the correct quantity or do not comply with their description must, unless notified to the carrier at the time of delivery, be notified by the Customer to the Company in writing within 3 days of their delivery.
We will be under no liability for any defect in the Goods (including, but not limited to, infestation or mould) arising from incorrect storage by the Customer. Goods supplied as dried herbs will remain active for long periods when stored under optimum conditions. They should be kept in air-tight, opaque containers in a cool, dry place and out of direct sunlight.
Every effort is made to ensure that the Goods supplied are of highest quality and in best condition. If we are fully satisfied that the products have been stored under optimum conditions and the Customer is not fully satisfied with their quality, we will, at our own discretion, credit the cost or exchange the goods up to one week from the date of delivery. The Company must be afforded a reasonable opportunity and facilities to investigate any claims made under this condition.
10. Seasonal Shortages & Out of Stock Products.
Please note that some herbs and nostrums are subject to seasonal shortages. While every effort is made to keep our complete range of products in stock, we do not accept any responsibility for loss resulting from any out of stock items.
11. Product Suitability and Use
Our products are used for a wide variety of purposes. It is the responsibility of the Customer to ensure that the products are appropriately and responsibly used and stored (eg out of the reach and sight of children). Any herb, tincture, prescription, tonic, nostrum (all our products) is offered in good faith regarding its safe and responsible use. None of the products is offered as a replacement for consultation, diagnosis and treatment by a medical doctor or medical herbalist. It is recommended the Customer have such consultation, or request a consultation and treatment from Mr Alan N. Hopking. All representations, warranties, conditions or terms relating to the fitness for purpose are excluded to the fullest extent permitted by the Law and the Company accepts no liability.
11.1 None of the goods sold by the Company to any individual Customer may be resold or transferred to any other person. The Company accepts no liability in these cases.
12. Force Majeure.
The Company shall not be responsible for any loss to the Customer resulting from delivery being affected by war, strikes, fire, changes in government policy, act of God or any other circumstances beyond its control.
13. Consequential Loss
In no event will the Company be under any liability whatsoever to the Customer for any loss of profit, business, contracts, revenues or anticipated savings, or for any indirect or consequential loss and/or expense (whatever the cause, including negligence) suffered by the Customer regarding the use of any product supplied by the Company.
14. Insolvency of Customer.
If the Customer fails to make payment when due or makes any arrangements with its creditors or becomes bankrupt or goes into liquidation (or the Company reasonably comprehends that these events are about to occur) we may in our absolute discretion suspend all further deliveries of goods and/or terminate the contract without liability on the Company’s part. If the Goods have been delivered but not paid for, the price will become immediately due and payable.
15. Consumer Transactions
Where the Goods are sold under a consumer transaction (as defined by the Consumer Transactions (Restriction on Statements, Order 1976) the statutory rights of the Customer are not affected by these Conditions.
15.1 The Company is not liable for any loss suffered by the Customer should the Customer’s payment details be used or divulged following unlawful possession of the Customer’s secured information held by the Company. (See also 16).
15.2 The Company claims the right to make a card charge for any transaction using a Visa Debit or Visa Credit or Mastercard over the Company’s card handling equipment. Waiving this charge is the responsibility of the Director of the Company. Charges are 3.94% for UK credit cards and 4.94% for foreign cards; there is no charge for the use of UK debit cards (2/1/2015). PayPal handling charge is as credit cards and foreign transactions.
16. The Encryption Service
The encription service offered by the Company is guaranteed safe if the Customer emails the Company at email@example.com for payment by PayPal.com. The customer does not need to join PayPal.com to benefit from this encryption service. Such email orders and payment details are guaranteed safe and encrypted by PayPal.com (see their terms and conditions). In using other websites for email orders the Company has agreed to the terms and conditions of PayPal.com.
16.1 The personal details of the Customer using Credit cards, Debit cards and other bank cards can be sent via the Company’s email but they are not claimed or guaranteed by the Company as internet safe and are not encrypted. The Company is not liable should the Customer suffer any loss following use of the Company’s own unencrypted email.
16.2 The Customer can send their orders and card details safely by telephoning (0044 1425 613436 or freephone 0800 0834436 – UK only). The Company’s fax service will not be used for communication with the Customer; only email and telephone will be used by the Company for this purpose.
16.3 The Customer is recommended for safe protection of their account information to use the BACS system of payment and may request the Company’s account and sort code for this purpose.