Our Terms and Conditions
The below terms and conditions apply to B&D2020 Limited, trading as Herbotany Health whose registered address is 5 Yeomans Court, Ware Road, Hertford SG13 7HJ, Company Number 12746878, VAT Number 354 1610 24 (hereafter referred to as “us” or “we”).
Please read these terms and conditions carefully before accessing and/or ordering any goods from our website. Accessing, browsing or using this website in any way indicates that you agree to be bound by these terms and conditions. We reserve the right to amend these terms and conditions at any time, without the need to notify our customers.
1. HOW TO CONTACT US
1.1 You can e-mail us at support@herbotanyhealth.com or contact our Customer Services Team by telephone on 03301 755773 or by post to Customer Services Team, B&D2020 Limited t/a Herbotany Health, PO Box 41, 71 Fore Street, Hertford SG14 1AL.
1.2 If you are emailing or writing to us, please include details of your order including the order number for identification purposes.
1.3 If you send us your cancellation notice by e-mail or post, then your cancellation is effective from the date you send the e-mail or registered date of posting.
2. OUR CONTRACT WITH YOU
2.1 Our acceptance of your order will take place when we email you an order confirmation that will include your order number, at which point a contract will come into existence between you and us.
2.2 On the rare occasion a product may be sold which is not in stock and/or we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline, we will inform you of this in writing and/or telephone communication to offer a refund or a suitable replacement.
2.3 You warrant that the personal information which you are required to provide when you place an order is true, accurate, current and complete in all respects and that you will notify us immediately of any changes to your personal information by emailing or telephoning our Customer Services Team.
2.4 You agree to indemnify, defend and hold harmless us and our affiliates, directors and employees from any claim or demand, including reasonable legal costs, made by any third-party due to or arising out of your breach of these terms and conditions.
2.5 These terms and conditions form the entire basis of any agreement reached between you and us.
2.6 The obligations and liabilities of the parties incurred prior to the termination our contract shall survive the termination for all purposes.
3. OUR PRODUCTS
3.1 The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the products/packaging and colours accurately, we cannot guarantee the images accurately reflect the products/packaging or colours. Your product/packaging may vary slightly from those images.
3.2 Once purchased, the products on this website should only be used in accordance with our instructions and should likewise be inspected before use and properly maintained. Nothing in this notice affects your statutory rights.
3.3 You must be over 18 years old to be able to buy anything from this website, the proof will be required at the checkout stage.
4. YOUR RIGHTS TO MAKE CHANGES
4.1 If you wish to make a change to the product(s) you have ordered, please contact us. We will advise you if the change is possible.
4.2 If it is possible, we will advise you of any changes to the price of the product, the timing of supply or anything else which would be necessary because of your requested change and ask you to confirm whether you wish to go ahead with the change.
4.3 If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 6 – Your rights to end the contract).
5. OUR RIGHTS TO MAKE CHANGES
5.1 We may change the product to reflect changes in relevant laws and regulatory requirements; and to implement minor technical adjustments and improvements, for example, to address a security threat.
5.2 For more significant changes to the products, we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
6. YOUR RIGHTS TO END THE CONTRACT
6.1 We abide by the Consumer Contracts Regulation (2014).
6.2 If once you have purchased goods from us, you decide you no longer want them, you have 14 calendar days from the date you purchased the goods, in which to advise us and return them and we will refund them in full within 14 days of the cancellation date (including any postage and packing paid) if the packaging remains unopened.
6.3 If you wish to cancel your order, please call customer services on 03301 755773 or email us at support@herbotanyhealth.com. Please provide your name, home address, details of the order and order number, where available, your phone number and email address.
6.4 You can also write to us at Customer Services Team, B&D2020 Limited t/a Herbotany Health, PO Box 41, 71 Fore Street, Hertford SG14 1AL, including details of what you bought and order number, when you ordered or received it and your name and address.
6.5 We are under a legal duty to supply products that are in conformity with this contract. Nothing in these terms will affect your legal rights. These are subject to certain exceptions.
7. RETURNING PRODUCTS
7.1 If you cancel your order for any reason after the goods have been dispatched to you or you have received them, you must return them to us.
7.2 You must post them back to us at Customer Services Team, B&D2020 Limited t/a Herbotany Health, PO Box 41, 71 Fore Street, Hertford SG14 1AL. We recommend returning goods via registered delivery to guarantee receipt.
7.3 If you are exercising your right to change your mind you must return the goods to us within 14 days of advising us.
7.4 In the unlikely event that you receive faulty, damaged or incorrect goods, please refer to our Returns Policy. When sending back products, we ask that you acquire proof of postage. If you send back an item/order and we do not receive it, we will be unable to provide any further assistance if you do not have proof of postage.
7.5 We will pay the costs of return only if the below applies:
7.5.1 If the products are faulty or misdescribed.
7.5.2 If you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so because of something we have done wrong.
7.5.3 If you are exercising your right to change your mind.
7.6 You must pay the costs of return. We will refund you the price you paid by the method you used for payment for the products excluding the delivery charges applied to the original order as evidenced.
7.7 We may reduce your refund of the price of goods to reflect any reduction in the value of the goods if this has been caused by your handling them in a way which would not be permitted in a shop. For example, the items may have become dirty, marked, or some of the packaging missing or damaged.
7.8 We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind, then your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us.
8. DELIVERY COSTS
8.1 The costs of delivery will be as displayed to you on our website.
8.2 During the order process, we will advise you when the products will be delivered to you.
8.3 We will deliver your goods no later than 5 working days after the day on which we accept your order.
8.4 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
8.5 If no one is available at your specified delivery address to take delivery and the products cannot be posted through your letterbox, the delivery service will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
8.6 If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot then the goods will be returned to us. In the event, we will contact you for further instructions and may charge you for any further delivery costs. If despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract.
8.7 We reserve the right to consolidate orders placed within the same despatch period into one parcel or envelope and is not obliged to refund any postage charges incurred.
8.8 All orders placed before 3 pm Monday to Friday are posted via Royal Mail First Class delivery service. Royal Mail do not deliver on Sundays. We cannot be held responsible for delays within the Royal Mail network.
9. PRICE AND PAYMENT
9.1 The price of the product (which includes 20% VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct.
9.2 It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
9.3 If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
9.4 You can only pay for products using a debit card or credit card. We accept the following cards: Visa and Mastercard. You must pay for the products before we dispatch them.
9.5 If you think a charge is wrong, please contact us promptly to let us know.
9.6 We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely or error-free.
9.7 We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from this website.
10. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
10.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable.
10.2 Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
10.3 We do not exclude or limit in any way our liability to you where it would be unlawful to do so.
11. HOW WE MAY USE YOUR PERSONAL INFORMATION
11.1 How we will use your personal information. We will use the personal information you provide to us:
11.1.1 To supply the products to you;
11.1.2 To process your payment for the products; and
11.1.3 If you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
11.2 We will only give your personal information to other third parties where the law either requires or allows us to do so.
11.3 Your data will be used in accordance with our Privacy Policy.
12. OTHER IMPORTANT TERMS
12.1 We are unable to apply discount codes after an order has been placed. The offer code, if applicable, may be used on future orders.
12.2 This website is controlled and operated in the United Kingdom. The terms and conditions will be governed by the laws of England and Wales and you irrevocably agree to submit to the exclusive jurisdiction of the courts of England and Wales.
12.3 Except for our affiliates, directors and employees, a person who is not a party to these terms and conditions has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of our contract but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
12.4 The content of our website is protected by copyright, trade marks and other intellectual property rights and you acknowledge that the intellectual property rights in the material and content supplied as part of our website shall remain with us. You may download or copy the content and other downloadable items displayed on our website subject to the condition that the material may only be used for personal non-commercial purposes. Copying or storing the contents of our website for other than personal use is expressly prohibited.
12.5 We have not reviewed all of the sites linked to our website and are not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by us of the site. Use of any such linked website is at your own risk.
12.6 If you submit a review about us or our website, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You also grant us and our affiliates the right to use the name that you submit in connection with such content, if we choose.
