Online Terms & Conditions of Purchase (“the Terms”)
These Terms apply to all orders which you, the customer (“you” or “your“), place using this website, “www.herbalmed.co.uk” (“the Website“), which is operated by The New Chinese Medicine Ltd., trading under the name of Herbal King, (“we” “us” or “our“). Please read them carefully before placing your order and print a copy for future reference.
Orders For Delivery Outside The United Kingdom
Unless otherwise specified, the materials on this Website are directed solely at customers, who access this Website from the United Kingdom (i.e. the islands of Great Britain and Northern Ireland, excluding the Channel Islands and Isle of Man). We do not represent that any item referred to on this Website is appropriate for use or available in locations outside the United Kingdom. If you choose to access this Website from locations outside the United Kingdom you are responsible for compliance with all applicable local laws and regulations. Delivery for all orders will, however, be solely restricted to the United Kingdom, the Isle of Man and the Channel Islands, unless we explicitly agree with you to delivery elsewhere in the world.
All orders will only be accepted for delivery within the United Kingdon, Isle of Man or Channel Islands. However, if we agree at our sole discretion to deliver elsewhere in the world, your purchase may be subject to import duties and taxes. These are levied once the items reach the specified destination. You will be responsible for any such import duties and taxes. We have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Please note that for items you order through our Website you are considered the importer of record and must comply with all laws and regulations of the country in which the items are to be delivered. Please note that cross-border deliveries are subject to opening and inspection by customs authorities.
We only sell items to adults (i.e. those aged 18 or over). If you are under 18, you may use this Website only with the involvement of a parent or guardian. When you place an order you are asked to confirm that you are aged 18 or over by stating your date of birth.
Colours, Specifications And Dimensions Of Products
We have made every effort to display the colours, specifications and dimensions of items on the Website as accurately as possible. The colours you see will depend on the resolution of your monitor; we cannot guarantee that your monitor’s display of any colour will reflect accurately the colour of the item delivered. We may from time to time vary the dimensions, specifications and quantities of items displayed on our Website without prior notice.
Licence for Website Access
We grant you a limited licence to access and make personal use of this Website in accordance with the Terms and Conditions of Use.
Availability of Items and Substitution
Many of our items go through a long manufacturing process and are made from natural materials; consequently nature can intervene to disrupt supplies. We do everything possible to make sure you are not disappointed, but have to make clear that everything on our website is offered for sale subject to availability. If for any reason the items you ordered are no longer available, we will contact you using the contact details you supplied when placing your order and either offer you an alternative item of equivalent quality and price if this is possible or cancel the item from your order and give you a full refund in respect of that item. If we are unable to contact you or do not receive a response from you, we will process any remaining items on your order and refund you for the items we were unable to supply.
If you choose to register with us to purchase items using this Website, you are responsible for maintaining the confidentiality of your account username and password and for preventing unauthorised access to your profile. You agree to accept responsibility for all activities that occur under your account or password. Please take all necessary steps to ensure that the username and password is kept confidential and secure. Please inform us immediately if you have any reason to believe that your username and/or password has become known to anyone else, or are being, or are likely to be, used in an unauthorised manner.
Please ensure the details you provide us with on registration are correct and complete and inform us immediately of any changes to those details (e.g. change of email or postal address). You can access and update your registration details using the Login area of the Website. We reserve the right to refuse access to the Website, terminate accounts, remove or edit content or cancel orders at our discretion. If we cancel an order, it will be without charge to you.
Privacy and Communications
The Contract Between Us
When you place an order to purchase items using our Website this is an offer by you to us to purchase those items. We will confirm receipt of your order by sending you an email summarising the details of your order (“Order Confirmation E-mail”). We accept your order only when we send an e-mail confirming that we have dispatched the items in your order (“Despatch Confirmation E-mail”).
The contract between us is formed at the point we send the Despatch Confirmation E-mail in respect of those items mentioned in the Despatch Confirmation E-mail. If your order contained a number of items and the Despatch Confirmation E-mail mentions only some of them, those items which have yet to be dispatched to you do not form part of that contract.
Products are invoiced in GBP sterling at the price prevailing at the time you place your order. Prices displayed on the Website are gross prices, but exclude any customs duties or other local taxes. Delivery for certain items will be charged extra. Please refer to our Delivery Information page for details.
Although we try to ensure that all prices on the Website are accurate, errors may occur. If we discover an error in the price of items you have ordered, we will contact you as soon as possible. You will have the option of either reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat your order in respect of the incorrectly priced item as cancelled.
Prices displayed on the Website apply to online purchases only. They are not indicative of the price of identical items purchased by any other means. We reserve the right to update prices displayed on the Website from time to time.
You may pay for the items which you order online by supplying your credit/debit card details on the secure online order form. Most major credit and debit cards (Visa, MasterCard and Switch). We regret that we cannot accept cheques or cash as payment online. All payments are processed by PayPal on our behalf. You will be directed to PayPal’s secure servers for the payment section of the order processing. When you place your order, a request to your card issuer will be made for authorisation for this amount. If we get a valid authorisation, your card issuer will hold this value expecting a charge from us. Receipt of your credit card details and debit of payments does not constitute our acceptance of your order.
Details of our delivery charges can be found in our Delivery Information page.
Payment will be taken at the time of order and you will be notified once your order has been despatched.
We will notify you if we expect the delivery time to be exceeded, although we accept no liability for any delay beyond 5 days. Time shall not be of the essence. For further information please see the Delivery Information page.
If the items are not delivered within the time period we specify in the Order Confirmation Email, please contact us quoting the order reference contained in your Order Confirmation Email.
Delivery occurs when the items are delivered to the delivery address you specified when placing your order. At this point, responsibility for loss, breakage and damage passes to you. Ownership of items purchased does not pass to you until payment is received by us in full.
If you wish to cancel your order, please contact us at firstname.lastname@example.org. As we try to process orders immediately it may not always be possible to prevent an order from being despatched. If your order has already been despatched you may return the items to us in accordance with our Returns Policy.
Please note that once we have despatched items to you, you will not be able to cancel any contract you have with us for additional services carried out by us (e.g. gift wrapping). As soon as we receive notice of your cancellation of an item we will refund the relevant part of the purchase price for that item together with the item’s normal postage charge.
If you live in the European Union you have a right by law to withdraw from the purchase of any item within a “cooling-off” period of seven working days starting on the day after the day the item is delivered to you (“Cooling-Off Period”). Please note that this right does not apply to perishable goods or other items likely to expire rapidly or to sealed items where the seal has been broken. For further information please see our Returns Policy.
We will be responsible for any losses you suffer as a direct result of us breaching these Terms, if those losses were reasonably foreseeable to both you and us at the time the contract between us was formed (i.e. at the point we send the Despatch Confirmation E-mail to you).
In no event shall we be responsible to you or any third party for (i) any business loss (including loss of revenue, profits, contracts, anticipated savings, wasted expenditure, data or goodwill) or (ii) any loss or damage which does not result directly from our actions or the actions of our sub-contractors or agents, is consequential or was not reasonably foreseeable to both you and us when the contract between us was formed.
While we use reasonable endeavours to ensure that the information on the Website is accurate and up to date, we do not give any warranty as to its accuracy or completeness and we shall not be responsible for any errors or omissions or for the results arising form the use of such information.
Our liability to you under these Terms will not exceed the total price charged for the items purchased. Nothing in these Terms excludes our liability to you for personal injury or death caused by our negligence.
No person who is not a party to these Terms shall have any right to enforce any term under the Contracts (Rights of Third Parties) Act 1999.
Events Beyond Our Reasonable Control
We will not be responsible to you for any delay or failure to comply with our obligations under these Terms if the delay or failure arises from any cause beyond our reasonable control.
Alterations To This Website and Terms
If any of the terms and conditions forming the contract between us are deemed invalid, void or unenforceable for any reason, it will be deemed severable and not affect the validity and enforceability of the remaining terms and conditions.
If you breach these Terms and we take no action we will still be entitled to use our rights and remedies in other situations where you are in breach.
Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of England and Wales. You agree to submit to the non-exclusive jurisdiction of the English courts.
26 Cressingham Grove