These Conditions (including [our Privacy Policy and] any other documents referred to in these Conditions set out all of the terms and conditions upon which you may access and purchase products from the wyldherbs.com website.
- About wyldherbs.com
We are Wyld Herbs trading as wyldherbs.com
- Understanding these Conditions
2.1 When certain words and phrases are used in these Conditions which start with capital letters, they have specific meanings including those set out below (known as ‘defined terms’). Where a defined term is used, it has the meaning given to it in the section of the Conditions where it was defined.
“Acknowledgement of Order” means an emailed acknowledgement of order issued by [wyldherbs.com] detailing the Products that you have ordered from the Supplier via the Site;
“Contract” means a legally binding contract between You and the Supplier for the sale and purchase of the Products made pursuant to clause 4 and the Supplier Conditions;
“Order” means an order issued by You detailing the Products You wish to purchase via the Site;
“Price” means the price of the Products as confirmed in the Acknowledgement of Order;
“Product” means any products available for purchase on the Site;
“Supplier” means any company or individual who sells Products via the Site;
“Site” means wyldherbs.com;
“Supplier Conditions” means and trading terms and conditions of the Supplier which may be available on the website of the Supplier or may be issued by the Supplier to You and which shall form part of the Contract.
2.2 When we refer to “We”, “Us” or “Our”, we mean Wyld Herbs trading as “wyldherbs.com. Where we refer to “You” or “Your” we mean you, the person accessing the Site and/or purchasing Products.
2.3 Clause headings are inserted for convenience only and shall not affect the construction or interpretation of these Conditions.
2.4 References to clauses are to clauses in these Conditions.
2.5 Where the context dictates, the singular shall include the plural and vice versa and any gender includes the other gender.
2.6 Any reference to any statute or statutory provision will (unless the context otherwise requires) be construed as a reference to that statutory provision as may be amended, consolidated, modified, extended, re-enacted or replaced from time to time.
- Purchasing Products
3.1 Please note that when You decide to purchase any Products via the Site the resulting legal Contract is between You and that Supplier and such Contract shall compromise all of these Conditions, the Acknowledgement of Order, the Supplier Conditions and the applicable details on the Product page and you agree to be legally bound by all such provisions.
3.2 You should carefully review these Conditions, the Supplier Conditions, the Acknowledgement of Order and the applicable details on the Product page. If there is any conflict or inconsistency between these Conditions, the Supplier Conditions, the Acknowledgement of Order or the applicable details on the Product page, these Conditions shall prevail.
3.3 The Price of Products is subject to change without notice and will be confirmed in the Acknowledgement of Order.
3.4 We reserve the right at any time to modify or discontinue any Products (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party in relation to any modification, price change, suspension or discontinuance of the sale of the Products.
3.5 We do not warrant the quality of any Products purchased by You via the Site. You must rely upon any warranties offered by the Supplier.
3.6 We cannot give any undertaking, that any Products you purchase from Suppliers through the Site will be of satisfactory quality, and this and any other such warranties (whether express or implied) are disclaimed by us absolutely to the fullest extent permitted by law. This disclaimer does not affect your statutory rights against the Supplier. Where you order Products through the Site we may disclose your customer information related to that transaction to the relevant Supplier.
3.7 We do not review or control, and are not responsible in any way for, Product listings provided by Suppliers and at no time do we possess any Products offered for sale by Suppliers through the Site.
3.8 We have made every effort to display as accurately as possible the colours and images of the Products that appear on the Site. We cannot guarantee that the display of any colour on your computer, phone or tablet relating to the Products will be accurate.
3.9 We reserve the right, but are not obligated, to limit the sales of our Products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products or services that we offer. All descriptions of Products or product pricing are subject to change at any time without notice, at Our sole discretion.
- Contract Formation
4.1 Each order You place shall be deemed to be an offer by you to purchase the Products specified within it subject to the Conditions and the applicable details on the Product page.
4.2 No Order shall be deemed to be accepted by the Supplier until [we (acting as the commercial agent of the Supplier) / the Supplier] issue[s] an Acknowledgement of Order.
4.3 The Contract between You and a Supplier will relate only to those Products notified in the Acknowledgement of Order.
4.4 In addition to reading these Conditions, You should also refer to the terms and conditions of the Supplier on their home or product page before placing any Order. The purchase of any Products by you from such Supplier will also be governed by any terms and conditions placed on the website of the Supplier.
- Accessing the Site
5.1 Access to the Site is permitted on a temporary basis, and We reserve the right to withdraw or amend the content of the Site and the Products available on the Site without notice to you. We will not be liable to you if for any reason any of the Products are unavailable at any time or for any period.
5.2 From time to time, we may restrict access to the Site, to users who have registered with us. Any personal data and other information provided by you is processed by us in accordance with our Privacy Policy. By providing any such personal data or other information you agree to the Conditions of our Privacy Policy.
5.3 If you choose, or you are provided by Us with a password, user identification code or any other piece of information as part of our security procedures relating to the Site, You must treat such information as confidential and You must not disclose it to any third party.
5.4 We reserve the right to disable any password or user identification code, 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 Conditions.
5.5 It is Your responsibility to ensure that all information (including your name and address) you upload to the Site, including payment information, is correct and accurate. Please ensure that you check all information before making a purchase.
- Disclaimer of Warranties and Limitation of Liability
6.1 The following provisions set out Our entire liability in respect of any Products purchased via the Site.
6.2 To the fullest extent permitted by applicable laws, we disclaim responsibility for any harm resulting from your use of the Products.
6.3 The Site is provided “as is” and “as available” and We expressly disclaim to the fullest extent permitted by law all express, implied and statutory warranties relating to the Products.
6.4 Your access and use the Site at your own discretion and risk, and you are solely responsible for any damages to your hardware device(s) or loss of data that results from the download or use of the Site.
6.5 Subject to clauses 6.9 and 19, Our total liability under the Contract shall be limited to the Price of the Products in the Order.
6.6 Subject to clauses 6.9 and 19, We will not be liable to You in contract, tort or otherwise for any economic loss of any kind (including but without limitation of loss of use, loss of profit, loss of anticipated profit, loss of data, loss of business, overhead recovery, machining costs, revenue, or anticipated savings), any damage to the Customer’s reputation or goodwill, any product recall or business interruption costs or any other special, indirect or consequential loss or damage (even if We has been advised of such loss or damage) arising out of or in connection with the Contract.
6.7 Nothing in the Contract or these Conditions shall exclude or limit Our liability for any death or any personal injury caused by Our negligence.
6.8 The provisions of this clause 6 shall survive the termination or expiry (for whatever reason) of the Contract.
6.9 Nothing in these Conditions shall limit or exclude Our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.
- Payment Methods
7.1 The Site allows You to check Your Order and correct any errors before completing the Purchase of a Product. Please take the time to read and check Your Order at each page of the Order process
7.2 Purchases for Products may only be paid for using the payment methods that We make available via the Site from time to time through Our payment facility.
7.3 In accepting or otherwise processing Your payments related to the purchase of any Products from Suppliers, We act in the capacity as commercial agent of the Supplier.
7.4 The Supplier acknowledges and agrees that the valid payment by You to Us for the purchase of Products in relation to Contracts between You and the Supplier will satisfy your obligation to pay the Supplier for the relevant Products and consequently, any debt obligations owed by You to the Supplier for the purchase of such Products shall be extinguished at the time of payment to us.
7.5 We shall procure that the Supplier will not seek recourse (legal or otherwise) against You for payment of items if You have validly paid to Us.
7.6 All prices of Products shall be shown in USD.
7.7 You accept that some banks may charge You an additional fee for certain transactions (for example, international transactions).
7.8 You accept that Product prices in the currencies displayed do not vary according to your location. Delivery charges will vary depending on the destination to choose to have the item delivered. For delivery destinations within the EU prices include VAT or other sales taxes where applicable. For delivery destinations outside the EU, prices do not include VAT or other sales taxes. You will be responsible for the payment of any import duties and/or taxes that are not included
- Refusal of Payment
We may refuse to process a payment transaction for any reason at our sole discretion. We will not be liable to You or any third party by reason of so refusing or by reason of unwinding or suspending any transaction after the process of payment has begun.
- Delivery Arrangements
9.1 Your shopping basket on the Site will display the Products you have chosen to purchase, as well as the identity of the Supplier who shall sell the Products to You and details of postage and packing.
9.2 The delivery timeframes and costs for each Supplier may vary according to the delivery methods they offer and the Products that you wish to purchase. Any delivery times quoted are in working days and are estimates only.
9.3 Time shall not be of the essence in relation to the delivery of any Products and We shall not be liable for the late delivery of any Products.
- Import Regulations and Duty
If you order Products from our Site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the Product is imported into the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your Order if you require any further information before placing your Order.
- Returns
11.1 In relation to most Products purchased, you will have 14 days to notify Us that you wish to return or exchange the Product. The return period will expire [14] days from the day on which you receive the Products.
11.2 Products may not be returned if they have been used or damaged by You.
11.3 [If you wish to cancel an Order or return any Product, please contact Us direct to let Us know that You wish to cancel the Order by email via the email address provided in the Acknowledgement of Order.
11.4 If you have already received the Product that You wish to return, please package up the Product in the original packaging and send it back to Us within [14] days of receipt of the Product. We recommend that You use a signed-for delivery service with proof of postage. We cannot be liable for the loss of or damage to any Products during transit back to Us.
11.4 Please note that You will have to bear the direct cost of returning any Product.
11.5 As the Supplier’s payment agent, We will process the refund of the Product directly to your payment card, in no more than:
- 14 days after We have received the Product; or
- if there were no Product delivered, 14 days after the day on which You have informed Us about Your decision to cancel your Order.
11.6 To be eligible for a refund, any Products that You return must be unused and in the same condition that You received them. The Products must also be returned in their original packaging.
11.7 Certain types of Products are exempt from being returned, such as food.
11.8 To complete Your return, please return Your purchased Product to Us. Please do not send Your purchased Product to the Supplier.
11.9 We shall require a receipt or proof of purchase of a Product before any refund or exchange can be processed.
- Website Links
- Our Site must not be framed on any other website or linked to any other website.
- The Site provides links to other websites for your information. If you use these links, you leave the Site. We have not reviewed these third-party websites and we have no control over such sites or resources. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to the Site, you do so entirely at your own risk. We accept no responsibility for third party websites or for any loss or damage that may arise from your use of them including the group gifting application which is provided by a third party.
- Intellectual Property Rights
- For the purposes of these Conditions, “Intellectual Property Rights” means any and all patents, trademarks, service marks, registered designs, any application for any of the foregoing, copyright, unregistered design rights and any other similar protected rights in any other country that are owned by us or capable of being owned by us. The ownership of and sole rights to obtain the ownership of all Intellectual Property Rights shall at all times be vested in us.
- We own, or are the licensee to, all right, title and interest in and to the Site and the content featured on the Site. You must not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble or otherwise attempt to derive source code from the Site.
- You must not extract or otherwise use any of the content on the Site for commercial purposes without obtaining a licence to do so from Us.
- [Use of the App]
- [We grant you the right to use the App only for your personal use on an iOS product that you own or control. You may not: (a) modify, copy, publish, license, sell or otherwise commercialise the App or any information or software associated with it; (b) rent, lease or otherwise transfer rights to the App; or (c) use the App in any way that could impair our Site in any way or interfere with any party’s use or enjoyment of our Site.
- Neither We nor any of our licensors or service providers has any obligation to provide any maintenance and support services with respect to the App.
- In using the App through an iOS product, you confirm that you have agreed to the applicable Apple Conditions and Conditions relating to such use.
- If you breach any of these Conditions, your right to use the Site and/or Services will cease immediately and you must, at our option, return and/or destroy any copies of the content you have made.]
- Viruses, Hacking and Other Offences
- You must not misuse our Site by introducing viruses, Trojans, worms or other material which is malicious or harmful. You must not 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.
- By breaching the provisions of this Clause 15, you would commit a criminal offence under the Computer Misuse Act 1990. We adopt a zero-tolerance procedure to such actions. We will report any 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 Site will cease immediately.
- Waiver
- If We fail or choose at any time not to insist upon strict performance of any of Your obligations under these Conditions and the Contract, or if We fail or choose not to exercise any of the rights or remedies to which We are entitled under them, this shall not constitute a waiver of such rights or remedies and shall not relieve You from compliance with such obligations. No waiver by us of any of these Conditions or the Contract shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
- Severability
- If any of these Conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining Conditions, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
- Variation of Conditions
- We may update these Conditions (and the documents referred to in them) from time to time and will notify such changes to You by uploading details of them on the Site. You should review the Conditions periodically for changes. By using the Site You agree to be bound by these Conditions. If You do not agree to be bound by these Conditions then please do not use the Site or purchase any Products from the Site.
- Entire Agreement
- These Conditions and any documents expressly referred to in them (including but without limitation the Acknowledgement of Order and the Supplier Conditions) constitute the entire agreement between You and Us and supersedes and extinguishes all previous drafts, agreements, arrangements and understandings between You and Us, whether written or oral, relating to its subject matter.
- You agree that You shall have no remedies in respect of any representation or warranty (whether made innocently or negligently) that is not set out in these Conditions or any documents expressly referred to in them.
- Force Majeure
- We shall not be liable to You by reason of any delay failure to deliver the Products if the delay or failure is due to any act beyond our reasonable control, including but without limitation, any act of God, explosion, inclement weather, flood, tempest, fire or accident; war or threat of war, sabotage, insurrection, civil disturbance or requisition, regulations, bye-laws, prohibitions or measures of any kind on the part of any government or local authority, import or export regulations or embargoes, strikes, lock-outs or other industrial actions or trade disputes or power failure (each a “Force Majeure Event”).
- If for any reason We anticipate that We will be prevented or hindered from delivering any Products due to a Force Majeure Event then We shall notify You and You may cancel the Order.
- In the event of any cancellation of an Order following the occurrence of a Force Majeure Event, We shall be under no liability or obligation to You other than to repay the Price.
- Rights of Third Parties
No provision of these Conditions shall be enforceable by any third party under the Contracts (Rights of Third Parties) Act 1999 (the “Act”) or otherwise and the provisions of the Act shall be excluded.
- Governing Law and Jurisdiction
Contracts for the purchase of Products through our Site shall be governed by English law. Any dispute arising from, or related to, such Contracts or these Conditions shall be subject to the exclusive jurisdiction of the courts of England and by placing any Orders You agree to submit to the exclusive jurisdiction of the courts of England.
- Feedback and Complaints
- General comments about the Site are welcome, please contact us by emailing info@wyldherbs.com.com
- Complaints about a specific Supplier or their Products should be directed to the Supplier concerned through the contact details provided on the order confirmation email that you receive for resolution directly with them with a copy of such complain sent to the above email address.
