1-
Scope and acceptance of our General Terms of sale
The
site www.helichrysum-italicum.com (hereinafter referred to as
the “Site”) is an e-commerce site accessible via the
Internet network at the address www.helichrysum-italicum.com.
It is open to any user of the network (hereinafter referred to
as “User”).
It
is published by :

This company (hereinafter referred to as the Vendor) is a company
registered in England and Wales The
Site enables the Vendor to offer skin care, cosmetics and essential
oils products , pure or blended for sale to Users browsing on
the Site. Under these Terms of Sale, it is agreed that the User
and Vendor shall be jointly referred to as the “Parties”,
and individually as a “Party” and that a User that
has confirmed an order shall then be referred to as the “Customer”. The
rights and obligations of the User shall automatically apply to
the Customer. Any
order of Products offered on the Site implies consultation and
express acceptance of these General Terms of Sale, without this
acceptance however being subject to the handwritten signature
of the User. It
is stipulated that the User may make a backup copy or print these
General Terms of sale, providing that they are not modified. These
General Terms of Sale come into effect as from 25th of November
2012. The
Vendor reserves the right to change these General Terms of Sale
without notice and at any time, with any modifications not applying
to reservations and orders already accepted and confirmed by the
Customer. These
Terms of Sale shall apply to the exclusion of any other document. Language
: This contract shall be concluded in English.
2-
Products sold on the Site
All
the offers of products proposed on the Site are limited to www.helichrysum-italicum.com.
Prior
to placing an order, the Customer may check the main features
of any product or products they wish to order, by consulting the
Site. For all use of any of the products sold, a medical advice
is sometimes necessary : Do not take any essential oils internally
without consultation from a qualified aromatherapy practitioner.
Do not apply undiluted essential oils, absolutes, CO2s or other
concentrated essences onto the skin. If you are pregnant, epileptic,
have liver damage, have cancer, or have any other medical problem,
use essential oils only under the proper guidance of a qualified
aromatherapy practitioner. Use extreme caution when using oils
with children and give children only the gentlest oils at extremely
low doses. It is safest to consult a qualified aromatherapy practitioner
before using essential oils with children. A skin patch test should
be conducted prior to using an essential oil or a skin care cream
of any kind when you've never used before. Purchase
offers, including special promotions, are valid for as long as
they are visible on the Site.
2-a
Product Descriptions
We
will take all reasonable care to ensure that all details, descriptions,
and prices of products appearing on the
Site are correct at the time when the relevant information was
entered onto the system; however, to the extent permitted by applicable
law, we do not warrant that the product descriptions, colours
or other content available on the Site are accurate, complete,
reliable, current, or error-free. Although we aim to keep the
Site as up to date as possible, the information including product
descriptions appearing on this Site at a particular time may not
always reflect the product exactly at the moment you place an
order. We cannot confirm the price of a product until your order
is accepted in accordance with our order acceptance policy.
All images appearing on our web site are non-contractual images. Product description is solely limited to its analysis shown here : www.helichrysum-italicum.com/FT2.pdf
2-b
Trade purchase
EEC
members supplying us with a valid VAT number will be exempt of
VAT in their orders. Please contact us before hand.
3-
Prices of products for sale on the Site
The
prices if shown on this Site are in pounds sterling by default and
are guaranteed up with it being stipulated that products ordered
are invoiced at the price in force when the order is registered.
US $ dollars and European € euro are also available. The
exchange is the spot rate calculated at the time of the purchase.
They do not include shipping charges, which are invoiced in addition
to the price of the purchased products, according to the total
amount of the order. Shipping charges will be shown before the
Customer is asked to confirm the order.
All
product prices indicated for products available via the Site are
exclusive of VAT (where applicable) at the current rates and are
exclusive of delivery charges. VAT is not charged on delivery
costs. The total cost of your order is the price of the products
ordered and delivery charges as set out in the Delivery section
of the Site .
The Vendor takes no responsability for any taxes or duties, if
any, charged at port of entry according to the laws of the importing
country?
4-
Orders
All
orders imply full and unreserved acceptance of these Terms of
Sale.
The
Customer accepts that the Vendor's order registration systems
are proof of the nature of the agreement and its date.
When
the order is confirmed the Customer declares that they accept the order, together
with these General Terms of Sale. A summary of the order can be
printed.
Once
the order has been registered, a detailed acknowledgement of the
order is sent to the Customer at the e-mail address provided.
This
acknowledgement specifies the exact amount invoiced and details
of delivery. Note that if the country of expedition or the delivery
method is selected incorrectly, it needs to be rectified correctly
before expedition takes place.
This
acknowledgement implies acceptance of the order and confirms the
transaction, subject to order payment.
In
the event of one or more products being unavailable once the order
has been placed, the Customer will be notified by e-mail. The
amount of the order will be recalculated and the Customer will
be debited the new amount, with the price of the unavailable products
deducted. If the whole order is unavailable, the Customer will
be notified by e-mail and will not be debited. The
Vendor does however reserve the right to suspend or cancel any
order placed by a Customer with whom a dispute exists regarding
the payment of a previous order, or for any other legitimate reason,
in particular related to the unusual nature of the order.
5- Payments
All
orders are payable in pounds sterling by default but dollars and
euros are also available and can be selected prior to ordereing
To
pay for their order, the Customer must use the following method
of payment: bank card. The following bank cards are accepted on
the Site: Visa and MasterCard, Maestro.
The
Customer guarantees the Vendor that they have been granted any
authorizations required to use their chosen method of payment,
when registering the purchase order.
In
the event of non-payment of any amount owed by the Customer, or
of any adverse payment circumstances, the Vendor reserves the
right to suspend or cancel any order and/or delivery, whatever
their nature or state of progress.
Charges
on any unpaid amount will be automatically incurred at the legal
interest rate plus 5 percent following a period of ten days from
the invoice date, or immediately after notification of rejected
bank payment for all other means of payment.
As
part of the measures taken to prevent fraud over the Internet,
information concerning the Customer’s order may be sent
to any competent authority for verification.
6- Order Delivery
The
products will be delivered to the address provided by the Customer
when placing their order by Master Cards, American Express and
Visa or wire.
Orders
will be delivered within an average of 2 to 6 days as from the
day on which the Vendor receives the order, according to the selected
method of delivery and no later than 30 days as from reception
of the order, subject to full payment of the price.
We
will deliver the goods in accordance with the delivery protocols
of either
Parcel Force or DHL.
Any delivery timescales quoted to you are indicative only. Orders
may be delivered in one or more parts. We do not accept any liability
whatsoever for delayed delivery caused by any third party.
EXW – Note that all our expeditions are made Ex Works Hemel Hempstead UK. The seller makes the goods available at its premises. The buyer is responsible for unloading. The buyer pays all transportation costs and also bears the risks for bringing the goods to their final destination. The seller doesn't load the goods on collecting vehicles and doesn't clear them for export. If the seller does load the good, he does so at buyer's risk and cost. If is implicitly assumed that buyer accept that seller loads the goods on departure and to bear the risk and all costs of such loading.
6a- Order Delivery (insurance)
Should
the byer want to insure the good in transit,the premium
is 1.5% of the total value purchased and will insure your purchase
against breakings or loss until the delivery is effective. For
the insurance to be activated, all boxes and contents have to
be inspected upon delivery and any damaged or missing goods have
to be fully documented in front of the driver on the proof of
delivery as our liability ends at the moment the goods have been
handed over to the carrier. Further more no claims can be accepted
after 48h00 of delivery. Note that maximum insured value is £2500 per parcel when Parcel force is used.
7-
Legal guarantee
The Customer may contact Customer Services by e-mail as regards
of any claims.
8- Right of withdrawal (individual only)
The
Individual Customer (if not a company) has a period of 8 clear days as from the date of reception,
to return the ordered products at their own expense for reimbursement.
The
reimbursement will be made by any method of payment that the Customer
has chosen after exercising their right of withdrawal, no later
than 8 days following the date on which the right was exercised
9-
Instructions for returning products (individual only)
Whatever
the reason for returning products to the Vendor, the Customer
is advised to follow the following instructions in order to facilitate
processing of the return: Use the original packaging to return
the product with all seals unbroken. Request prior to returning
the product the return form by email.
10- Retention of title (individual only)
All
products remain the exclusive property of the Vendor until such
a time as payment of the sale price, including the principal,
extra costs and taxes has been made in full. However they are the full property of the buying company that has prepaid the product on an EXW basis.
11-
Liability
The
Vendor cannot be held liable for non-fulfilment of contracts due
to stock shortages, except for cases of special price offers not
intended to lower stock levels, or in the event of product unavailability
due to force majeure.
The
Vendor accepts no liability for:
-
any interruption to the Site;
-
any incidences involving bugs;
-
any damage resulting from a fraudulent intrusion by a third party,
causing any change to the information made available on the Site;
-
more generally, any direct or indirect damage, whatever the cause,
origin, nature or consequences, including in particular any loss
of profit, customers, data or any other loss of intangible goods
that may occur as a result of the access by any person to the
Site or the impossibility of accessing the Site or any credit
accorded to any information directly or indirectly coming from it. Further more the vendor accept no liability for loss in transport when the purchase has been made by a company. The contracted insurance should be in place to compensate any loss.The
Vendor cannot be held liable for non-fulfilment of contracts due
to third parties inclusive of carriers or transporters.
12-
Intelllectual property
In
accordance with legislation governing the ownership of literary
and artistic rights, or other similar rights, this Site and all
the elements, brands, drawings, models, photographs, texts, illustrations,
logos, sequences whether animated or not and with or without sound,
graphics, etc., to be found in this site, together with their
compilation, are the exclusive property of the Vendor, as it does
not grant any license or any entitlement other than that of consulting
the Site. Any use or reproduction, in whole or in part, of these
elements is authorized exclusively for information purposes only
for personal and private use, with any reproduction and any use
of copies made for other purposes being expressly prohibited.
Neither the Site (in whole or in part), nor its content or brands
may be used, reproduced, duplicated, sold, resold, made accessible,
modified or exploited in any other way, in whole or in part, for
any purpose whatsoever, without prior, written authorization from
the Vendor.
Any
other use constitutes infringement.
13-
Applicable law
The sales of products of the Vendor are subject to UK law.
14-
Data processing and Civil liberties
The
data collected will be processed for the purpose of sending out
a newsletter and/or processing the Customer’s order.
The
recipients of the data are the Vendor and its service providers.
The
Customer has the right to access, change, correct and delete personal
information concerning them by contacting the Vendor by email.
15
- Disclaimer :
All
informations provided is for educational purposes only. Individuals
receiving this information must exercise their independent judgment
in determining its appropriateness for a particular purpose or
use.
As the ordinary or otherwise use(s) of products is outside the
control of The Vendor., 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. The Vendor expressly
disclaims responsibility as to the ordinary or otherwise use(s).
Furthermore, nothing contained herein should be considered as
a recommendation by The Vendor as to the fitness for any use.
The liability of The Vendor is limited to the value of the goods
and does not include any consequential losses.
The
Vendor shall not be liable for any errors or delays in the content,
or for any actions taken in reliance thereon.
The
Vendor 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.
The
products contained in this website are represented in as true
a manner, as photographic processes and printing will allow. The
images contained in this website are for illustrative purposes
only. If you have any questions with regard to how products are
packaged or labeled, please contact your account manager at the
appropriate Office.
As
the availability of ingredients and raw materials is not always
certain whether due to changes in nature or otherwise, The Vendor
reserves the right to substitute alternate ingredients/raw materials
in the manufacture of its products oils and / or 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 which are current at the time
of supply of the product.
The
Vendor is a wholesaler of natural skin care products and natural
raw materials. If you intend to re-label our products under your
own name/ brand for the purpose of on-selling or retailing, we
strongly recommend that you keep up to date with constant changing
labeling laws. The Vendor cannot be held responsible for consequential
loss/ product recall due to incorrect labeling.
Note:
Individuals receiving any information contained in this website
must exercise their independent judgment in determining its appropriateness
for a particular purpose or use. As with any manufacturing process,
we encourages small, lab-scale manufacturing for evaluation purposes
prior to full commercial manufacturing or new re-packaging.
16
. Representations and Warranties; Limitation of Liability
THE
SITE IS PRESENTED "AS IS." WE MAKE NO REPRESENTATIONS
OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION
WITH THESE TERMS AND CONDITIONS OR THE SITE, INCLUDING BUT NOT
LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR
FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS
AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. YOU AGREE THAT, TO
THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE
RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT OR OTHERWISE),
UNDER ANY CIRCUMSTANCES, FOR ANY (a) INTERRUPTION OF BUSINESS;
(b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (c) DATA
NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION;
(d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS
WITH OR THE PRESENCE OF OFF-SITE LINKS ON THE SITE; (e) COMPUTER
VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION
WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM
THIRD PARTY SITES; (f) ANY INACCURACIES, OMISSIONS OR MISLEADING,
FALSE OR DECEPTIVE STATEMENT IN THE CONTENT; OR (g) EVENTS BEYOND
OUR REASONABLE CONTROL. FURTHER, TO THE FULLEST EXTENT PERMITTED
BY LAW WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST
PROFITS) RELATED TO THE SITE REGARDLESS OF THE FORM OF ACTION
WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE,
EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED
STERLING AS APPLICABLE OR THE VALUE OF THE GOODS ORDERED WHCHEVER
IS GREATER. BECAUSE SOME COUNTRIES DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
IN SUCH COUNTRIES, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW.
|