Terms and Conditions
Last updated: 04/05/2020
Welcome to Herbal Health CBD . Our site herbalhealthcbd.co.uk and/or its affiliates offer a variety of features, products, and services. These provisions are available when you shop on our website, use our services, or engage any of our website features. All of these provisions provided are subject to the following conditions.
By using herbalhealthcbd.co.uk Services, you automatically agree to the following conditions. Please review them with care.
Every user of our website and its services agrees that access to and use of these services are subject to the following terms and conditions and other applicable laws. Please do not use this website if you do not agree with the following terms and conditions. This page, along with the documents that are referred to within, describes the terms and conditions utilised to provide the products listed on this website.
- Information About Herbal Health
1.1 The website, herbalhealthcbd.co.uk, which is referred to as our "site," or our "website," throughout this page, is operated by Mumby Trading Ltd. Mumby Trading Ltd are a registered UK company with a registered office at Unit A 55 Sunningdale Road, Scunthorpe, DN17 2TW Company Registration No. 12360014. When any individual or party makes a purchase from our website, or via any other applicable channel, you will see Mumby Trading Ltd appear on your bank statement.
All of the content found on our website or made available through any Herbal Health Service (such as text, logos, buttons, audio clips, downloads, graphics, icons, images) are the property of Mumby Trading Ltd or the affiliated content suppliers. These are protected both by UK and international copyright laws.
- Your Status As A Viewer/Customer of www.herbalhealthcbd.co.uk
When placing an order for any product or service on our website, you automatically imply that you are legally capable of entering into a binding contract.
- Contract Between You and Mumby Trading Ltd
3.1 Once an online order is placed, an email will be sent to the address that was specified during checkout or registration. This email acknowledges the receipt of your order. Note that this does not indicate that the order has been accepted. Your order acts as an immediate offer to us, indicating that you wish to buy a product (Product), or engage in services on our website. Each order is subject to acceptance by us Mumby Trading Ltd, and we will confirm such acceptance with a follow-up email, confirming that the requested Product has been sent (Dispatch Confirmation). Once the dispatch confirmation is sent, the Contract between the purchasing client and our company Mumby Trading Ltd will be formed.
3.2 This Contract only relates to the Product or Products whose dispatch was confirmed via the described Dispatch Confirmation. We are not obliged to supply any other Products which may have been a part of your order unless the dispatch of these Products has been confirmed in the initial Dispatch Confirmation or in following confirmations.
3.3 It is the responsibility of you, the purchasing client, to provide an accurate and valid email address while placing your order. This is the only way that we are able to accept your order. You, the purchasing client, must ensure that changes in your email address or delivery address are submitted to us before Product dispatch. If you fail to communicate these vital changes, we will not be responsible for any failure to perform under our described terms and conditions, so long as the failure is due to a lack of communication regarding changes to these addresses (email and or delivery addresses).
- Consumer Rights
4.1 Any consumer who is under this Contract may cancel a contract at any time within seven (7) working days, beginning on the day after you receive the Products.
In the case of contract cancellation, you, the purchaser, will receive a complete refund of the price paid for the Products in accordance with our refunds policy (set in clause 8 below).
4.2 For a Contract to be cancelled, you must inform us in writing. The Products must also be returned as soon as reasonably possible, at your own cost. All consumers have a legal obligation to take reasonable care of the Products while they are in your possession up until they are dispatched to our facility. Failure to comply with this obligation may grant us a right of action against you for compensation.
4.3 Please note that this provision (clause 4) does not impact any other statutory rights as a consumer.
- Delivery and Availability
5.1 An order placed by you, the consumer, will be fulfilled by the delivery date set out in the Dispatch Confirmation. If there is no delivery date specified in the Dispatch Confirmation, then the order will be fulfilled within a reasonable time of the date of the Dispatch Confirmation, barring exceptional circumstances. Mumby Trading Ltd typically dispatches within three (3) business days of receiving your order.
5.2 The delivery of the Products ordered by you will be accomplished by the method specified (if applicable). This delivery will be sent to the address which you specify during the check out procedure.
5.3 If you do not accept/take the delivery of the Products, or if you fail to provide adequate delivery instructions, we may cancel your order and retain the requested Products. If this occurs, we will refund the price of the Products in accordance with the Mumby Trading Ltd refunds policy (clause 8). However, you will remain liable for any delivery charges, and this amount will not be refunded. A delivery charge of £2.95 will apply to all orders that are required to be re-shipped to you, and any free shipping arrangements will not apply during these circumstances.
- Risk and Title
6.1 After the time of delivery, all Products will be at your risk.
6.2 The ownership rights over the Products will only be passed to you upon receipt of full payment charges, including product pricing, delivery charges, and taxation.
- Price and Payment
7.1 Product prices, applicable delivery charges, and taxation fees will be as quoted on our website, except in cases of obvious error. All prices will be quoted in UK pound sterling (£).
7.2 Unless explicitly stated on our website, product prices will include VAT (Value Added Tax), not including the cost of delivery.
7.3 In all instances where free delivery does not apply, delivery charges may vary depending on the method of delivery (if applicable) and the delivery address that was specified during the check out procedure for your order.
7.4 Upon receipt of your order, we will review our product stock, examine your specified payment card information or PayPal details, and take payment from your card or PayPal account. All products are subject to availability. If we are unable to supply the Products requested, we will inform you as soon as possible. A complete refund will be given if product payment has already been processed, in accordance with our refunds policy (clause 8).
7.5 The price of products and delivery charges are liable to change at any time. However, these changes will not impact orders for which a Dispatch Confirmation has already been sent. Only refer to the details provided during the checkout procedure, and subsequent email communications regarding your request, for accurate prices.
7.6 This website www.herbalhealthcbd.co.uk contains a significant number of Products. Despite our utmost efforts, some of the Products listed may be incorrectly priced. We will typically verify prices during our dispatch procedures. If we discover that a Product's correct price is less than the indicated price at sale, we will charge the lower amount upon dispatching the Product to your specified address. Alternatively, when a Product's correct price is any amount more substantial than the price stated on our site, we will usually, at our discretion, contact you for further instructions before dispatching the Product. We may also reject your order and notify you of such rejection.
7.7 We Mumby Trading Ltd are under no obligation to provide the requested Product(s) to you at the incorrect (lower) price, even if a Dispatch Confirmation has already been sent, provided that the pricing error is obvious, unmistakable, and could reasonably have been recognized by you (the purchasing party) as an error.
- Mumby Trading Ltd Refund Policy
8.1 If you return a Product to us:
- Due to the cancellation of your Contract (which was initiated in accordance with the information detailed in these Terms and Conditions) between us within the described seven (7) day period (clause 4.1), we will process your refund as soon as possible, in any case, within thirty (30) days of the date in which you gave the cancellation notice in writing. If these circumstances are met, we will refund the price of the Product (including VAT) in full, along with any applicable delivery charges. Regardless, it is your responsibility to cover the cost of returning the items and submitting your cancellation notice.
- In any other instance (for example, if you consider that the Product is defective), we will examine the returned Product. Upon confirmation that the Product is faulty, we will notify you of the refund via email within a reasonable period. We will process this refund as quickly as possible, in any case, within thirty (30) days from the date, which we confirmed via email that you were entitled to a refund due to a defective Product. The refund for a faulty Product will return to you the full price of the Product, as well as any applicable delivery charges and any reasonable costs incurred while you returned the item to us.
8.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
We offer the following warranty for our products: All purchased Products from us through our site will, upon delivery, conform to its description in all material aspects, will be reasonably fit for all purposes for which these products are commonly supplied, and will be satisfactory in quality.
- Mumby Trading Ltd Liability
10.1 Subject to clause 10.3, if we fail to comply with the described terms and conditions, we will only be liable to you for the purchase price of the Products.
10.2 Subject to clause 10.3, we will not be liable for losses that result from our failure to comply
with the terms and conditions that fall into the below-listed categories:
- loss of income or revenue;
- loss of business;
- loss of profits;
- loss of anticipated savings;
- loss of data; or
- waste of management or office time.
10.3 Nothing in these terms and conditions excludes or limits our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- any breach of the obligations implied by section 12 of the Sale of Goods Act 1979.
- defective products under the Consumer Protection Act 1987; or
- any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
- Import Duty
11.1 If you request an order of any one or more of our Products for delivery outside of the UK, your order may be subject to import taxes and duties, which will be imposed upon the receipt of the delivery at its specified destination. In the case of such additional taxes and duties, you will be responsible for their payment. Understand that we have no control over these additional international charges, and we cannot predict their amount. Be sure to contact your local customs office for further information regarding import taxes/duties before placing an international order.
11.2 Note that you are required to comply with all applicable laws and regulations of the country for which the ordered Products are destined. We will not be liable for any breach by you of any of these laws.
- Written Communications
Specific applicable laws will require that some of the information or communications we send to you must be in writing. When viewing or interacting with our site, you must accept that communication with us will be mainly electronic. When warranted, we will either contact you by email, or we will provide you with the appropriate information by posting notices on our website. For the purposes of our Contract, you agree to this electronic means of communication, and you acknowledge that all contracts, information, notices, and other communications provided electronically will comply with any legal requirements that such communications need to be made in writing. Your statutory rights will not be impacted by this condition.
Any notices that need to be given by you must be given to (firstname.lastname@example.org). We may provide notice to you via email, your supplied postal address, or in any of the ways specified in the above (clause 12).
- Transfer of Rights and Obligations
14.1 The Contract established between you and us Mumby Trading Ltd, under the details of these terms and conditions, is binding on you, us, and our respective successors and assignees.
14.2 You may not assign, charge, transfer, or otherwise dispose of an established Contract, or any of your rights/obligations which arise under it, without prior written consent from us, Mumby Trading Ltd.
14.3 We withhold the right to dispose of, transfer, assign, sub-contract, or charge, any Contract, or any of our rights or obligations arising under it, at any time during the duration of the Contract.
- Events Outside Our Control (Force Majeure Event)
15.1 We will not be responsible for delays, failures to perform any obligations, or an inability to provide requested services, under any Contract that is caused by events outside of our reasonable control (Force Majeure Event).
15.2 A Force Majeure Event refers to any event, non-occurrence, act, omission or accident that is beyond our control, and includes (without limitation) the following:
- strikes, lock-outs or un-listed industrial actions;
- riot, invasion, civil commotion, terrorist attack, or threat of terrorist attack, war (declared or otherwise), or any threat associated with preparation for war.
- storm, earthquake, subsidence, epidemic, explosion, fire, flood, or another unlisted natural disaster
- inability to access railways, shipping services, aircrafts, motor transports, or other means of public/private transport;
- inability to use public or private telecommunication networks; and
- the decrees, acts, regulations, restrictions, or legislation of any government.
15.3 Within the duration of any Force Majeure Event, our performance under any Contract is deemed to be suspended, and we will have an extension of time for performance during this Force Majeure Event period. When possible, we will use reasonable endeavors and means to bring the Force Majeure Event to a close or to find a solution by which our obligations may be fulfilled despite the Force Majeure Event.
- Website Information
16.1 Please consult your doctor before beginning any physical exercise, dietary change, or beginning any supplement regimen.
16.2 The information (such as text, logos, buttons, icons, audio clips, downloads, graphics, images) and Products listed on our website, emails, or other communications connected to our business or business affiliates should not be taken as medical advice under any circumstance. The information is not intended to replace the advice from your doctor. There is no information on or site or information that will otherwise be obtained from us, which is meant to encourage dietary changes, exercise changes, or supplemental advice. As such, there are no medical claims or medical recommendations included in our resources or communications.
16.3 The information found on our website (such as text, logos, buttons, audio clips, downloads, graphics, icons, images) is not intended to diagnose, treat, or cure any medical diagnosis or disease, and they are not guides for self-diagnosis or treatment.
16.4 We do not accept accountability for the misuse, or use, of the information and Products.
16.5 We have worked to ensure that the information (such as text, logos, buttons, audio clips, downloads, graphics, icons, images) on our website is accurate. However, neither we, nor any third parties, provide any guarantee or warranty to the completeness, performance, timeliness, accuracy, or suitability of the information (such as text, logos, buttons, audio clips, downloads, graphics, icons, images) found or offered on our website for any proposed purpose. This content is meant for general information and general use only.
16.6 By engaging with our website and additional materials associated with our company, you acknowledge that this content may contain errors, and we expressly exclude all liability for such inaccuracies or errors to the full extent permitted by law. We do not accept responsibility for any loss (direct, indirect, or consequential), which can arise due to reliance on the materials contained on our site, or due to errors or omissions. Your use of these materials is entirely at your own risk, and we shall not be liable for the consequences of said use. It is your responsibility to ensure that any Products, services, or information obtained by engaging with our website meet your specific requirements, except as stated elsewhere in these terms and conditions.
16.7 At times, our site may include links to third-party websites. These links are provided for convenience and are meant to satisfy personal interest. The inclusion of these links does not signify that we endorse these websites. We accept no responsibility for the content, accuracy, and appropriateness of the content featured on any linked sites.
16.8 You, or any other party, may not create a link to our website from any other website or document without prior written consent from our company.
17.1 During the term of a contract, if we fail to insist upon strict performance of any obligations under the Contract, or any of the described terms and conditions found on this page, which we are entitled to under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with obligations going forward.
17.2 Any waiver by us of any default will not constitute a waiver of any subsequent default.
17.3 No waiver given by us regarding any of these terms and conditions will be effective unless it is directly stated by the waiver and is communicated to you in writing in accordance with these terms and conditions (clause 13).
If any terms and conditions, or provisions of a Contract are determined by a competent legal authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will be severed from remaining terms, conditions, and provisions which will continue to be valid in accordance with applicable laws.
- Entire Agreement
19.1 The terms and conditions, and any document explicitly referred to within, constitute the total agreement between us Mumby Trading limited and supersede all previous discussions, correspondences, negotiations, prior arrangements, understandings, or agreements between us which relate to the subject matter of any Contract.
19.2 Our company, and you, upon entering into a Contract, acknowledge that neither of us relies on or will have any remedies in regards to any representation or warranty (made innocently, or negligently) that is not explicitly described in these terms and conditions or the documents referred to within.
19.3 Both parties involved in the Contract agree that our only liability in respect to these representations and warranties are the ones set out in this agreement (whether made innocently or negligently) will be for breach of Contract.
19.4 Nothing in this clause 19 limits or excludes any liability for fraud.
- Our Right to Vary these Terms and Conditions
20.1 We retain the right to revise and amend these terms and conditions as we see fit, without limitation. These alterations will reflect changes in our company policies, changes in market conditions affecting our business, technology changes, payment processing changes, changes in relevant laws, changes to regulatory requirements, and changes to our system's capabilities.
20.2 At the time when you order Products from us, you will be immediately subject to these policies, as well as the terms and conditions, in force, unless any change to these policies or these terms and conditions is required to be altered by appropriate law, or governmental authorities. In the event of modifications to the law or authoritative governmental actions, these changes will apply to orders previously placed by you. If we notify you of changes to these policies or these terms and conditions before we send you the Dispatch Confirmation, then we retain the right to assume that you have accepted the changes enacted upon the terms and conditions, unless you choose to notify us to the contrary within seven (7) business days of receipt of the Products by you.
- Law and Jurisdiction
English Law will govern all contracts for the purchase of Products, or services, through our website, along with any claim arising out of, or in, connection with the contracts or their subject matter and formation (including non-contractual disputes or claims). Any disputes and claims arising out of connection with such Contracts or their formation (including non-contractual disputes and claims) will remain subject to the non-exclusive jurisdiction of the courts of England and Wales.