Terms and Conditions
Welcome to the Herbology Limited website and thank you for visiting. Please be aware that if you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use:
- Customer Agreement
- Customer Application
- Ordering Guidelines
- Payment Method
- Pricing and Taxes
- Packaging and Labelling of Goods
- Out of stock and substitution
- Returns and Replacements
- Product Liability
- Information on this Website
- Trade Marks
- External Links
- Public forums and User Submissions
- Specific Use
- Disclaimer of Liability
- Ingredient disclaimer
- Use of the Website
2. Customer Agreement
An agreement exists between you and Herbology Limited once Herbology Limited accepts an order or Herbology Limited receives the order and does not reject it within fourteen days.
3. Customer Application
You must complete a customer application before placing an order for goods with Herbology Limited. You warrant that all information and data provided by you in the customer application is accurate, complete and up to date. You must promptly inform Herbology Limited if there is a change to this information or data.
You are responsible for any costs associated with accessing the Herbology Limited web site and placing an order for goods with Herbology Limited, including any Internet provider fees.
In order to purchase goods from Herbology Limited, the Delivery Address which you nominate must be correct and within a suburb where Herbology Limited provides delivery services. Please ensure that your delivery address and suburb are correct, as orders for delivery to incorrect addresses or addresses in suburbs that are not in the Herbology Limited delivery area will not be processed. Herbology Limited will advise you if the Delivery Address which you nominate ceases to be in an area where Herbology Limited delivers Goods. Herbology Limited will not be obliged to continue to deliver goods to you if you change your Delivery Address and the new Delivery Address which you nominate is not in an area within which Herbology Limited delivers goods.
4. Ordering Guidelines
Orders can be placed through our website, by email, fax, post or telephone. In order to avoid communication errors we strongly recommend that orders be placed in writing via our website, email or fax. We guarantee the accuracy of written orders, however, we accept no responsibility for errors as a result of verbal miscommunication.
We pride ourselves on the speed of our service. Orders are processed the same day they are received. We cannot guarantee dispatch times in situations affected by circumstances beyond our control. Once the order has been processed, any changes will be treated as a new order.
International orders will need to be confirmed before the order is processed, payment is charged, and dispatch is made. The order will be held until the customer advises the final confirmation.
Price commitment is made on the placement of order only. We endeavor to ensure accurate pricing on our website. We will do our best to notify our customers of discrepancies due to changes in prices.
If any item is short delivered and has been charged for, Herbology Limited will be more than happy to cover the cost of freight in resending the goods as soon as possible. Please note items are not backordered and need to be re-ordered at the time they become available.
You must place an order with Herbology Limited by selecting goods and pressing the "Submit Order" button. Orders are deemed to be received by Herbology Limited at the time of successful transmission of the order.
5. Payment Method
All orders must be paid for prior to shipping.
Unless otherwise agreed, in order to receive the goods you have ordered, payment must be received by the selected payment method.
We accept Visa, MasterCard and Pay Pal.
Cheques and Money Orders are to be made out to Herbology Limited. Cheques and Money Orders must be received at our Tauranga Office before the order can be dispatched. Please record your order reference # / business name on the back of the cheque or money order.
If your credit card is declined by your financial institution, Herbology Limited will not be able to guarantee delivery on the date or in the delivery window you selected and may contact you to make alternative delivery and payment arrangements.
Herbology Limited may decline to accept payment from you by credit card for any reason, and is not required to give reasons. If Herbology Limited declines to accept payment from you by credit card, the order will not be processed and you will not be contacted. If you agree to make payment by another method that is acceptable to Herbology Limited, Herbology Limited may process the order or any further orders.
6. Pricing and taxes
All prices are quoted in NZ dollars.
International orders do not incur GST, however, there may be import duties and taxes applicable to the destination of shipment that Herbology Limited cannot be responsible for. If you have questions about these taxes please contact your local customs office.
All prices include shipping and transportation costs.
The purchase price of the goods as shown on the Product List is the purchase price which is applicable at the time you view it. Goods in Your Order are charged at the purchase price applicable at the time you submit your order and as shown on the order confirmation, except:
If a good is out of stock, in which case you will not be charged for that good;
If you have given instruction that you will accept a substitute good, in which case the substitute good will be charged at the applicable purchase price at the time the substitute good is processed and scanned for your order; and
If you have ordered a good that is priced per kilo, in which case the actual purchase price for the good is calculated by Herbology Limited after the good has been weighed and the purchase price charged will be the lower of the purchase price per kilo applicable at the time you placed your order and the purchase price per kilo applicable at the time your order is processed.
Upon delivery of the goods, Herbology Limited will provide you with a tax invoice specifying the total price for the goods, including credits applied and the Service Fee
7. Packaging and Labelling of Goods
Herbology Limited aims to include in the Product List up-to-date pictures of the goods. At times, the picture of the goods on the Product List may differ from the goods actually supplied to you. Herbology Limited does not warrant the accuracy of the information contained in the Product List and recommends that you read the labels on Goods carefully before consuming the goods.
If you cancel an order after the Order Cut Off Time, Herbology Limited may charge you and you must pay a late cancellation fee of $30.
Orders left on a “Wait” status or unconfirmed beyond 4 weeks will be automatically deleted from our system.
Pick Up orders must be collected within 7 days or they will be returned to warehouse inventory.
After payment has been cleared, products will arrive after 10 working days, unless express delivery is preferred then an additional fee will be added.
Some countries must use the express courier service.
Herbology Limited does not charge handling or packing fees unless special legal or specification documents are requested.
All orders must be checked and lodged within 7 days of receipt and any claims, errors, or discrepancies must be reported immediately.
International shipping may require legal documents for export purposes. Please check with your local shipping agent or customs agent. Goods being held, stored, or penalties incurred in processing International orders will be passed on to the buyer/importer before the order is dispatched.
Where you believe that an item, which was ordered by you and which was in stock, has not been delivered and you wish to report the non-delivery or claim a credit for the value of that item, you must notify Herbology Limited of the non-delivery no later than 24 hours from the end of the period during which the Goods were scheduled for delivery in order to lodge a valid claim.
10. Out of stock and substitution
Herbology Limited will not provide rain checks in respect of Goods ordered by you. When completing your order, you will be invited to select a substitution option in respect of goods that are out of stock. Herbology Limited will use its best endeavours to ensure that all goods ordered by you (and any agreed substitutes) are supplied to you. Herbology Limited reserves the right to limit the sale of goods to reasonable or normal household quantities.
11. Returns and Replacements
Any discrepancies must be reported within 7 days of receiving your order. No returns or exchange will be allowed after 7 days from receipt of your order.
If a return or refund is necessary, this must fall within 7days of the invoice date. Returns will not be accepted beyond 2 months.
It may be necessary for clients to return goods, in which case, reimbursement of return freight costs will be included in refund/credit (only if the error is on Herbology Limiteds behalf). International returns can also be accepted for being faulty, damaged, or exchanged. Please ensure full tracking details (airway bill or tracking number) are provided in order to monitor the speed of the parcel being sent back.
If an error has been made by Herbology Limited with regards to a written order, either invoicing or packing, we will pay for return shipment. If customer requires urgent re-dispatch, it will be necessary to pay for goods at the time the re-order is lodged, which will then be credited/refunded when we receive the returned goods.
Errors made by clients when placing their order can be returned if reported within 7 days and products are unopened. This will incur the 20% restocking fee. This includes change of mind returns also. Goods must arrive in re-saleable condition. Return freight will be at customer’s expense. 20% Restocking Fee covers costs of time and labor involved with returning goods to the warehouse.
Goods must be re-packed carefully for return and the package must include a letter identifying your invoice number, name, contact information as well as why the goods are being returned. Whether you require a credit or a replacement, it is extremely important to provide as much detail as possible about what you are returning so that the return can be processed accurately and promptly.
12. Product liability
The stability and nature of our products may be altered depending on storage conditions, or when used in combination with other ingredients. Herbology Limited cannot accept any liability in this regard.
13. Information on this website
Whilst every effort is made to update the information contained on this website, neither Herbology Limited nor any third party or data or content provider make any representations or warranties, whether express, implied in law or residual, as to the sequence, accuracy, completeness or reliability of information, opinions, any share price information, research information, data and/or content contained on the website (including but not limited to any information which may be provided by any third party or data or content providers) ("information") and shall not be bound in any manner by any information contained on the website. Herbology Limited reserves the right at any time to change or discontinue without notice, any aspect or feature of this website. No information shall be construed as advice and information is offered for information purposes only and is not intended for trading purposes. You and your company rely on the information contained on this website at your own risk. It is your responsibility to ensure that any products, services or information available through this website meet your specific requirements. If you find an error or omission at this site, please let us know.
14. Trade Marks
The material, including trade marks, names, logos and service marks (collectively "trade marks") displayed on this website are registered and unregistered trade marks of Herbology Limited. This material includes, but is not limited to, the design, layout, look, appearance and graphics. The information contained on this website may not be copied, transmitted, amended or reproduced in any form whatsoever without the prior written consent of of Herbology Limited.
15. External Links
External links may be provided for your convenience, but they are beyond the control of Herbology Limited and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk. When visiting external links you must refer to that external websites terms and conditions of use. No hypertext links shall be created from any website controlled by you or otherwise to this website without the express prior written permission of Herbology Limited. Please contact us if you would like to link to this website or would like to request a link to your website.
16. Public Forums and User Submissions
Herbology Limited is not responsible for any material submitted to the public areas by you (which include bulletin boards, hosted pages, chat rooms, or any other public area found on the website. Any material (whether submitted by you or any other user) is not endorsed, reviewed or approved by Herbology Limited. Herbology Limited reserves the right to remove any material submitted or posted by you in the public areas, without notice to you, if it becomes aware and determines, in its sole and absolute discretion that you are or there is the likelihood that you may, including but not limited to:
Defame, abuse, harass, stalk, threaten or otherwise violate the rights of other users or any third parties.
Publish, post, distribute or disseminate any defamatory, obscene, indecent or unlawful material or information.
Post or upload files that contain viruses, corrupted files or any other similar software or programs that may damage the operation of Herbology Limited's and/or a third party's computer system and/or network.
Violate any copyright, trademark, other applicable international laws or intellectual property rights of Herbology Limited or any other third party.
Submit contents containing marketing or promotional material that is intended to solicit business.
17. Specific Use
You further agree not to use the website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law and you hereby indemnify Herbology Limited against any loss, liability, damage or expense of whatever nature which Herbology Limited or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the website to send or post any such message or material. Unauthorised use of this website may lead to a claim for damages and/or be a criminal offence.
Herbology Limited makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website, the information contained on the website, your or your company's personal information or material and information transmitted over our system.
19. Disclaimer of Liability
The information contained in this website is obtained from current and reliable sources. Herbology Limited provides the information contained herein in good faith but makes no representation as to its comprehensiveness or accuracy. Herbology Limited shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, your or your company's personal information or material and information transmitted over our system. In particular, neither Herbology Limited nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof. This website summarises our best current knowledge of the health and safety hazard information of the product. As the ordinary or otherwise use(s) of this product is outside the control of Herbology Limited no representation or warranty, expressed or implied, is made as to the effect(s) of such use(s), (including damage or injury), or the results obtained. Herbology Limited expressly disclaims responsibility as to the ordinary or otherwise use(s). Furthermore, nothing contained herein should be considered as a recommendation by Herbology Limited as to the fitness for any use. The liability of Herbology Limited is limited to the value of the goods and does not include any consequential loss. Herbology Limited shall not be liable for any errors or delays in the content, or for any actions taken in reliance thereon.
Herbology Limited shall not be responsible for any damages resulting from use of or reliance upon this information. The user of the product is solely responsible for compliance with all laws and regulations applying to the use of the products, including intellectual property rights of third parties.
Whilst Herbology Limited will make every effort to keep the website up and running smoothly, Herbology Limited takes no responsibility for and will not be liable for the website being temporarily unavailable due to technical issues beyond our control.
20. Ingredient disclaimer
As the availability of ingredients and raw materials is not always certain whether due to changes in nature or otherwise, Herbology Limited reserves the right to substitute alternate ingredients/raw materials in the manufacture of its products and bases in order to maintain supply to its customers.
Customers should always refer to the ingredients label as affixed to each product or to specification sheets that are current at the time of supply of the product.
21. Use of the Website
Herbology Limited does not make any warranty or representation that information on the website is appropriate for use in any jurisdiction. By accessing the website, you warrant and represent to Herbology Limited that you are legally entitled to do so and to make use of information made available via the website. Your use of this website and any dispute arising out of such use of the website is subject to the laws of New Zealand.
These website terms and conditions constitute the sole record of the agreement between you and Herbology Limited in relation to your use of the website. Neither you nor Herbology Limited shall be bound by any express tacit or implied representation, warranty, promise or the like not recorded herein. Unless otherwise specifically stated these website terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and Herbology Limited in respect of your use of the website.
Herbology Limited may at any time modify any relevant terms and conditions, policies or notices. You acknowledge that by visiting the website from time to time, you shall become bound to the current version of the relevant terms and conditions (the "current version") and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible for reviewing the then current version each time you visit the website.
Where any conflict or contradiction appears between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.
No indulgence or extension of time which either you or Herbology Limited may grant to the other will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.
Herbology Limited shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of any relevant terms and conditions, policies and notices to any third party.
All provisions of any relevant terms and conditions, policies and notices are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.
Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with the laws of New Zealand without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of the laws of New Zealand in respect of any disputes arising in connection with the website, or any relevant terms and conditions, policies and notices or any matter related to or in connection therewith.
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