KEEP IN TOUCH
Please read these terms of sale carefully before placing your order. Ordering any item from this website is seen as total acceptance of our terms and conditions
“Seller/we/our/us/Heartsease Herbal” means Heartsease Herbal Apothecary, 26 High Street, Barton upon Humber, Lincolnshire, DN18 5PD and the company's website www.heartseaseherbal.co.uk
“Customer” means the person or company to whom this document is addressed.
“Website” shall mean, www.heartseaseherbal.co.uk or any other subdomains which may be accessible unless expressly excluded by their own terms and conditions.
“Order” shall mean the submission of an order for products on the “Website” by the “Customer”
1.1 These terms and conditions are applicable to the supply of products made by the Seller, hereafter referred as Heartsease Herbal Apothecary, to the buyer hereafter referred as the Customer.
2.1 The prices of the goods will be as quoted on the Website from time to time. We take reasonable care to ensure that the prices of goods are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, please see clause 2.4 for what happens in this event.
2.2 Prices for our goods may change from time to time, but changes will not affect any order which we have confirmed.
2.3 All prices are quoted in GB Pound Sterling and include VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the products in full before the change in VAT takes effect.
2.4 The Website contains a large number of products. It is always possible that, despite our reasonable efforts, some of the products on the Website may be incorrectly priced. If we discover an error in the price of the products you have ordered we will inform you of this error and we will give you the option of continuing to purchase the product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the products to you at the incorrect (lower) price.
3.1 Payments must be made in GB Pounds Sterling only, unless otherwise specified, and payments will be made through Paypal
3.2 Any discount codes issued are strictly subject to the individual terms and conditions with which they were issued, which may include, amongst other things, eligibility of use and maximum order value. If any of the terms and conditions with which the discount codes were issued contradicts these terms and conditions, the terms and conditions in respect of the discount code will prevail. We reserve the right to reject or cancel any orders which do not comply with these terms even if your credit or debit card has been charged.
Passing of Property
4.1 Heartsease Herbal Apothecary shall retain the property of the goods until full payment has been made by the Customer and has been received. The Customer will own the goods once full payment has been received by Heartsease Herbal Apothecary.
5.1 All Orders are subject to acceptance and availability. Upon placing an Order with Heartsease Herbal Apothecary, the Customer will receive an order acknowledgement from Paypal and any relevant update email(s). Receipt of the acknowledgement and these emails does not confirm that the Order has been accepted by Heartsease Herbal Apothecary. Order acceptance and the creation of the contract between Heartsease Herbal Apothecary and the Customer will start at the time the products ordered by the Customer are despatched from Heartsease Herbal Apothecary's shop to be delivered to the address supplied by the Customer.
5.2 Heartsease Herbal Apothecary will take all reasonable care, in so far as it is in its power to do so, to keep the details of the Customer’s Order and payment secure, but in the absence of negligence on its part Heartsease Herbal Apothecary cannot be held liable for any loss suffered by Heartsease Herbal Apothecary if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to the Website; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
5.3 Products purchased from Heartsease Herbal Apothecary are not for re-sale or distribution. Heartsease Herbal Apothecary can at its sole discretion restrict ordering to a maximum of 5 pieces of any individual products and reserve the right to cancel any Orders which are suspected are being purchased for re-sale or distribution.
6.1 Any date or period for delivery shall be considered as indicative only. Any products not available at the time of your order will be sent to you, as soon as possible, when received from the supplier. Heartsease Herbal Apothecary cannot be held responsible for delays in the delivery caused by the supplier, the carrier or any other third party.
6.2 We deliver to the UK, subject to our absolute discretion. However there are restrictions on some goods for certain Delivery Destinations, so please review the information on the Website carefully before ordering goods.
7.1 All Orders will be delivered using the service as detailed at time of ordering. Heartsease Herbal Apothecary has the right to fluctuate any prices in proportion with its costs for shipping. The Customer must request any other delivery method at the time of order and goods will be shipped under the Customer’s responsibility as defined in clause 8.
Passing of Risk
8.1 Customer will assume risk of the products ordered once they have been delivered to the address specified on the Order. Heartsease Herbal Apothecary accept no liability for undelivered parcels where the Customer provides an incorrect or invalid delivery address and/or fails to collect the Order from the delivery address specified.
8.2 In the event of an order being lost by a third party, Heartsease Herbal Apothecary bears no risk once it has left their trading premises. Where goods have been received damaged, a refund/exchange application will only be acknowledged if the goods are returned together with their original packaging within 14 days of receipt to the Heartsease Herbal Apothecary trading address, 26 High Street, Barton Upon Humber, Lincolnshire, DN18 5PD also see clauses 9 & 10 below.
8.3 Where the goods are signed for, the customer bears the risk once the goods are signed for. If a customer believes that a parcel has been tampered with, it is their responsibility to refuse to sign for the goods.
8.4 In the event of either of these circumstances detailed in clause 8.2 or 8.3, Heartsease Herbal Apothecary will forward a claim to the carrier on the behalf of the customer. Before this can be processed, Heartsease Herbal Apothecary will issue the customer with a 'Lost Orders Form' which must be completed and returned before any claim can be pursued.
8.5 This is not a guarantee and Heartsease Herbal Apothecary has the right to refuse any application. Any refund/exchange given is at the discretion of the management of Heartsease Herbal Apothecary. Failure to give accurate information while making a claim may lead to a prosecution.
9.1 The Customer shall inspect the goods within a reasonable time after their receipt and shall be deemed to have accepted the goods unless within 14 days after their receipt the Customer shall have notified the seller in writing or by email that the goods are rejected (this does not however affect the customer’s statutory rights). If no such action has been taken, Heartsease Herbal Apothecary shall consider the products being as described, of satisfactory quality and fit for their purposes, and may not accept any reject at a later date.
10.1 If the goods are to be rejected in the time limit set in clause 9 above, the Customer shall comply with the return procedure as defined in clause 10.2, below. Heartsease Herbal Apothecary will not accept any returned goods should the return not follow the aforementioned return procedure.
10.2 The Customer must follow the returns policy as detailed on www.heartseaseherbal.co.uk. This requires emailing Heartsease Herbal Apothecary to notify their intention to return any goods.
10.3 In cases where the rejection of the goods is due to a defect or discrepancy in the order, the Customer is entitled to a full refund or replacement. The faulty or damaged product must be returned to Heartsease Herbal Apothecary before the refund or replacement can be issued. We will examine the returned product and will notify you of your refund within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirm to you that you were entitled to a refund for the defective product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
10.4 In cases where the rejection is due to an incorrect order from the Customer or to dissatisfaction, the Customer is entitled to a partial refund (full refund of the goods less any postage costs), unless the order is cancelled within the cooling off period in accordance with clause 11, in which case a full refund will be given. However, the Customer will be responsible for the cost of returning the item to Heartsease Herbal Apothecary. Goods must be returned to Heartsease Herbal Apothecary before the partial refund can be issued.
11.1 Cancellations which are not due to a defect or discrepancy are only accepted if the Customer complies with the following cancellation procedure and the follows the Returns Procedure outlined in Clause 10.
11.2 Within 7 working days after receipt of the goods, the Customer must contact Heartsease Herbal Apothecary in writing via the contact details below. The goods must be ‘as new’ and unused, in original undamaged packaging, including all items and free gifts received. It is the Customer’s responsibility to take reasonable care of the products until their return to Heartsease Herbal Apothecary. Heartsease Herbal Apothecary will consider that the Customer has not taken reasonable care if the goods have been used in a way or extent, exceeding what a customer would similarly examine the goods in a retail shop prior to purchase.
12.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the contract.
12.2 We only supply the products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12.3 We do not in any way exclude or limit our liability for:
12.3.1 death or personal injury caused by our negligence;
12.3.2 fraud or fraudulent misrepresentation;
12.3.3 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
12.3.4 any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
12.3.5 defective products under the Consumer Protection Act 1987.
12.4 As a consumer, you have legal rights in relation to products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
13.1 Any information passed through to Heartsease Herbal Apothecary is managed in accordance with the Data Protection Act 1998 and is passed through a secure connection on the internet. If a customer wishes for their information to be removed from our database, this should be requested in writing
13.2 We may collect and process the following data about you:
13.3 Information that you provide by filling in forms on the Website. This includes purchasing goods.
13.4 If you contact us, we may keep a record of that correspondence.
13.5 Details of transactions you carry out through the Website and of the fulfilment of your orders.
13.6 Details of your visits to the Website.
13.7 We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users' browsing actions and patterns, and does not identify any individual.
13.8 We use information held about you in the following ways:
13.9 To ensure that content from the Website is presented in the most effective manner for you and for your computer.
13.10 To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes.
13.11 To carry out our obligations arising from any contracts entered into between you and us.
13.12 To allow you to participate in interactive features of our service, when you choose to do so.
13.13 To notify you about changes to our service.
13.14 We may also use your data, or permit selected third parties to use your data, to provide you with information about goods and services which may be of interest to you and we or they may contact you about these.
13.16 Please note, credit card details are not retained online. The only information stored is a customer's transaction history, name, address & e-mail address.
13.17 By submitting your email address in connection with the order/purchase process, you agree that we may use your email address to contact you for matters regarding your order and other promotional activity. If you wish to cancel your subscription to Heartsease Herbal Apothecary mailings, you can do so at any time by scrolling to the bottom of the email and clicking on the unsubscribe link.
14.1 The Customer shall respect all licence agreements delivered by the copyright owners. Heartsease Herbal Apothecary cannot be held responsible or liable for any misuses conducted by the Customer or any third party.
14.2 All trademarks shown on www.heartseaseherbal.co.uk belong to their registered owners and must not be copied without prior permission.
14.3 You must not use any part of the materials on the Website for commercial purposes without obtaining a licence to do so from us or our licensors.
Changes to Terms & Conditions
15.1 We reserve the right to change these terms and conditions at any time without prior notice.
16.1 These terms and conditions are governed and shall be interpreted in accordance with English Law. Any person attempting to make fraudulent credit card transactions will be prosecuted.