These terms and conditions (‘the Terms’) govern the users (‘you’ or ‘your’) use of the website herbalcart.com (‘the Website’) and your relationship with HerbalCart whose registered office is at 9302 Bearcat Rd. Newport Richey, FL, 34655 (‘we’, ‘our’ or ‘us’).
Please read the Terms carefully as they affect your rights and liabilities under law. If you do not agree to these Terms, please do not access or use the Website. You should understand that by ordering any of our products or services, you agree to be bound by these Terms.
If you have any queries regarding these Terms then please contact us.
By using the Website you agree to be bound by these Terms and authorise us to transmit information (included updated (information) to obtain information from third parties, including but not limited to, your debit or credit card numbers or credit reports to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.
We reserve the right to:
- Update these Terms from time to time and any changes will be notified to you via a suitable announcement on the Website. The changes will apply to the use of the Website immediately after we have given such announcement. If you do not wish to accept the new Terms you should not continue to use the Website. Using the Website after the date on which the change comes into effect indicates your agreement to be bound by the new Terms;
- Modify or withdraw, temporarily or permanently, this Website and the material contained within (or any part) without notice to you and you confirm that we shall not be liable to you for any modification to or withdrawal of the Website or its contents; and
- Disable any user identification code or password we have provided to you, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms.
When you shop on this Website, we will ask you to input personal details in order for us to identify you. We guarantee protection of these details.
4. PROTECTING YOUR SECURITY
To ensure that your credit, debit or charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases.
We may contact you to make additional security checks and we ask for your co- operation to enable us to complete them. We will not tolerate fraudulent transactions and such transactions will be reported to the relevant authorities. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected.
The Website may only be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and its use. You agree not to:
- Upload or transmit through the Website any computer viruses, Trojans, worms, logic bombs or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer.
- Upload or transmit through the Website any material which is defamatory, offensive or of an obscene character.
- Attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under and we will report such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
6. THIRD PARTY LINKS
As a convenience to our customers, the Website may include links to other websites or material which is beyond our control. For your information, we are not responsible for such websites or material nor do we review or endorse them. We will not be liable for the privacy practices or content of such websites nor for any damage, loss or offence caused or alleged to be caused in connection with, the use of or reliance on any such advertising, content, products, materials or services available on such external websites or resources.
All orders are subject to acceptance and availability. If the products ordered are not available, you will be notified by e-mail and you will have the option either to wait until the item is available from stock or to cancel your order.
Any orders placed by you will be treated as an offer to purchase the products or services from us and we have the right to reject such offers at any time. You acknowledge that any automated acknowledgment of your order which you may receive from us shall not amount to our acceptance of your offer to purchase products or services advertised on the Website. The conclusion of a contract between you and us will take place when we (i) debit your credit, debit card or PayPal account or (ii) dispatch the products to you or commence the services, whichever is the later, at which time we shall send you an e-mail confirming that the contract has been concluded (‘Dispatch Confirmation’). The contract will relate only to those products or services whose dispatch we have confirmed in the Dispatch Confirmation.
The products sold on the Website are not for re-sale or distribution. We reserve the right to cancel orders and/or suspend accounts where we believe products are being ordered in breach of this provision. We accept no liability where you provide an incorrect delivery address or where you fail to collect the products from the delivery address which you specified.
8. CANCELLATION RIGHTS
Where you have purchased the goods or services as a consumer, please note that you are entitled to cancel any contract completed with us within 14 days from the day on which you acquire physical possession of the goods.
9. PRICE AND PAYMENT
All prices shown on the Website are inclusive of all taxes (where applicable) at the current rates and are correct at the time of entering the information onto the system. However, we may change the prices at any time, but such price changes will not affect the orders for which dispatch confirmation has been made by us.
You confirm that the credit, debit card or PayPal account that is being used is yours. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us we will not be liable to you for any delay or non-delivery.
We allow you to use discount codes strictly on the terms and conditions upon which they were issued which, amongst other things, may include terms relating to your eligibility to use them and a maximum order value. Please familiarise yourself with these terms and conditions before you place an order as 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. If there is any inconsistency between the terms and conditions upon which the discount codes were issued and these terms and conditions, the discount code terms and conditions prevail.
10. INTELLECTUAL PROPERTY
The content of the Website is protected by copyright, trademarks, database and other intellectual property rights and you acknowledge that the material and content supplied as part of the Website shall remain with us or our licensors. You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website.
11. LIMITATION OF LIABILITY
We shall only be liable to you for losses that you suffer as a result of our failure to comply.
The Website is provided on an ‘as is’ and ‘as available’ basis without any representation or endorsement made and we make no warranties, whether express or implied, in relation to it and its use. You acknowledge that we cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you. You must bear the risk associated with the use of the Internet.
If any part of the Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of the Terms.
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
14. ENTIRE AGREEMENT
These Terms form the entire basis of any agreement reached between you and us.
15. LAW AND JURISDICTION
These Terms shall be governed by and construed in accordance with the laws of India and any disputes will be decided only by the Indian courts.