The following words and phrases have special meanings in these terms:
"Humble Herbs Products Limited", "we", "us", “Company” or "our" refers to Humble Herbs Products Limited,
"Customer", "you" or "your" refers to the person, business or company from whom orders are received and with whom Humble Herbs Products Limited enter into a lawfully binding contract.
1.1 are written in plain and easy-to-understand English and should be read using the ordinary everyday meaning;
1.2 should not be construed in any way as to try and give a word, phrase or expression a different meaning to the ordinary everyday meaning;
1.3 are a complete and exclusive statement of the agreement between Humble Herbs Products Limited and the Customer of Humble Herbs Products Limited for the supply of goods;
1.4 supersede all understandings or prior agreements, whether written or oral, and all representations or other communications;
1.5 apply whenever business is conducted between us both;
1.6 in no way confer on any third party the right to enforce any of the terms of this agreement in accordance with the Contracts (Rights of Third Parties) Act 1999.
Any hand written or typed amendments (or any other defacement) to these terms do not form part of these terms nor an amendment to them and must be disregarded in their entirety.
1.7 www.humbleherbs.co.uk is a website operated by Humble Herbs Products Limited. We are registered in England and Wales company registration number 08226571 and with our registered office address at 100 Cappell Lane, Stanstead Abbotts, Hertfordshire SG128BY.
2. SERVICE AREA
Our site is only intended for use by people resident in the United Kingdom. We do not accept orders from individuals outside of the United Kingdom.
3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
3.1 After placing an order, you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance when we send you the Shipping Confirmation.
3.2 The Contract will relate only to those Products whose dispatch we have confirmed in the Shipping Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Shipping Confirmation.
3.3 Any shortages must be reported within 7 days of the order arriving.
4. YOUR CONSUMER RIGHTS
4.1 If you are contracting as a consumer, you may 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 (set out in clause 8 below).
4.2 To cancel a Contract, you must inform us in writing. You must also return the Product(s) 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 while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
4.3 Details of this statutory right, and an explanation of how to exercise it, are provided in the Shipping Confirmation. This provision does not affect your statutory rights.
5. AVAILABILITY AND DELIVERY
Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 28 days of the date of the Shipping confirmation, unless there are exceptional circumstances.
6. RISK AND TITLE
6.1 The Products will be at your risk from the time of delivery.
6.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
7. PRODUCT DESCRIPTION, PRICE AND PAYMENT
7.1 All prices include VAT but exclude delivery costs, which will be added to the total amount due as set out in our Shipping Information displayed in the checkout process.
7.2 Prices are subject to change at any time, but changes will not affect orders in respect of which we have already sent you a Shipping Confirmation.
7.3 No contract for the sale of any product will exist between you and Humble Herbs Products Limited until Humble Herbs Products Limited has dispatched the goods. Payment for products will be taken prior to dispatch.
7.4 Payment for all Products must be by credit or debit card. The accepted cards are listed at the foot of each web page. We will charge your credit or debit card when the order is placed. We regret we cannot accept multiple credit cards as part payment for a given order.
7.5 Each Product purchased is sold subject to its Product Description. We will take all reasonable care to ensure that all details, descriptions, photos and prices of Products appearing on the Website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information including Product Descriptions and Product Photos in particular appearing on this Website at a particular time may not always reflect the product description exactly at the moment you place an order. Always refer to the product description rather than product image to check what you are ordering.
8. OUR RETURNS POLICY
8.1 You are entitled to cancel your contract if you wish providing you act within 7 working days of receipt of the goods.
8.2 Any products returned must be in a saleable condition and in its original undamaged packaging. We may withhold up to 20% of the purchase price of returned goods if the product or packaging is in such a condition that the item is not fully re-saleable. Return delivery charges will only be refunded in the event of faulty, damaged or incorrect items. This does not affect your statutory rights.
8.3 The cost of returning items is down to you and you are responsible for any returned goods until they reach us. We will refund returns postage for an item which is faulty, damaged or sent to you in error.
8.4 We regret that postage, packing and insurance incurred in the delivery of the goods to you are direct costs and cannot be refunded except in the case of cancellations and returns in accordance with the Distance Selling Act.
9. OUR LIABILITY
9.1 We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
9.2 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased [and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us].
9.3 This does not include or limit in any way our liability:
9.3.1 For death or personal injury caused by our negligence;
9.3.2 Under section 2(3) of the Consumer Protection Act 1987;
9.3.3 For fraud or fraudulent misrepresentation; or
9.3.4 For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
9.8 We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us (such as loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time) however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
10. TRANSFER OF RIGHTS AND OBLIGATIONS
10.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
10.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
10.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
11. FORCE MAJEURE
11.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
11.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
11.3 Strikes, lock-outs or other industrial action.
11.4 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
11.5 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
11.6 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
11.7 Impossibility of the use of public or private telecommunications networks.
11.8 The acts, decrees, legislation, regulations or restrictions of any government.
11.9 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
12. ENTIRE AGREEMENT
12.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
12.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
12.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
13. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
13.1 We have the right to revise and amend these terms and conditions from time to time.
13.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).