Our terms and conditions...
Terms and conditions
1.1 These terms and conditions and our website govern the terms on which you are granted the right to explore and access information from the Website.
1.2 If you do not agree to these terms and conditions you cannot use the Argyll Herbs Direct Ltd Service.
2. Definitions and interpretation
2.1 In these conditions, the following words and expressions shall, unless the context otherwise requires, have the following meanings:-
“Computer Systems” Means computer hardware and software;
“Contract Date” Means the date upon which a legally binding contract is concluded between you and Argyll Herbs Direct Ltd in accordance with clause 3.4;
“Contract” Means this contract for the provision of the Argyll Herbs Direct Ltd Service between you and us;
“Fee” Means the sum paid or to be paid in accordance with clause 4;
“Argyll Herbs Direct Ltd Service” Means the organising and provision of a Argyll Herbs Direct Ltd service provided by Argyll Herbs Direct Ltd in accordance with this Contract and the Website;
“Argyll Herbs Direct Ltd” Means the party with whom you are entering into this Contract and the proprietor of the Website.
2.2 In this Contract:
2.2.1 all headings are for convenience only and shall have no legal effect;
2.2.3 unless otherwise stated, words importing one gender shall include every gender and reference to the singular shall include the plural and reference to a person shall include any Argyll Herbs Direct Ltd, firm, individual, partnership or any other body or entity whatsoever; and (in each case) vice versa.
2.3 where any conflict exists between the content provided on the Website and this Contract then the terms of this Contract will prevail.
3. Formation of this Contract
3.1 The Argyll Herbs Direct Ltd Service as contained on the Website is an invitation to treat.
3.3 Argyll Herbs Direct Ltd reserves the right not to accept your offer. Accordingly, Argyll Herbs Direct Ltd will notify you immediately by email if this is the case.
3.4 When we receive payment by one of the means accepted on the Website we will treat this as acceptance of your offer and the terms of this Contract will come into existence
4.1 The Fee will be as shown on the Website and is inclusive of any applicable VAT.
4.2 You will pay the Fee in the manner specified on the website. If you pay by way of payment card you must use a credit or debit card which is owned by you in your name.
4.3 Argyll Herbs Direct Ltd shall have the right to cancel this Contract and refuse service where you fail to pay any sum properly due under this Contract.
4.4 Subject to any applicable law to the contrary, the Fee paid by you to Argyll Herbs Direct Ltd under this Contract is non-refundable.
5. Conditions of Supply of the Argyll Herbs Direct Ltd Service
5.1 Argyll Herbs Direct Ltd shall provide the Argyll Herbs Direct Ltd Service in accordance with the Website from time to time and subject to these Conditions.
6 Conditions of Use of the Argyll Herbs Direct Ltd service
6.1 When exploring and/or accessing information from the Website, you agree to:
6.2.1. provide true, accurate, current and complete information when completing the booking form, and accordingly you acknowledge that Argyll Herbs Direct Ltd is reliant upon the information you have provided;
6.2.2. be responsible for the protection of your Computer System, Data stored on your Computer System, and Data stored on the Computer System of third parties who may have access to or be otherwise connected to your Computer System;
6.2.3. acknowledge that Argyll Herbs Direct Ltd does not pre-screen the content of any information entered by you or by others using the Argyll Herbs Direct Ltd Service but that the Argyll Herbs Direct Ltd shall have the right (though not the obligation) in it's sole discretion at any time to move, modify or remove any content that is available on or via the website.
6.3. You agree not to use any part of the Website or the Argyll Herbs Direct Ltd Service:
6.3.1. impersonate any person or entity, falsely state or otherwise misrepresent an affiliation with a person or entity, or disguise the origin of any content;
6.3.2. "stalk" or otherwise harass any person;
6.3.3. collect or store Personal Data about any other person using the argyll herbs direct ltd Service;
6.3.4. promote any other website, service and/or business in any way;
6.3.5. solicit the business of any person in any way;
6.3.6. sell and/or offer for sale any products and/or services;
6.3.7. email to the Website any chain letters and/or junk email;
6.3.8. email to the Website any information, pictures and/or any other material which is obscene, misleading, inaccurate, defamatory, or which in the opinion of Argyll Herbs Direct Ltd is sexually explicit, inappropriate, racist, abusive, threatening or likely to cause offence to another user;
6.3.9. upload, post or email to the Website any content that contains computer viruses or any other computer codes, files or programmes designed to interrupt, destroy or limit the functionality of the Computer System or telecommunications equipment.
6.3.10. act in an unlawful illegal or immoral manner or do anything which may constitute a nuisance or annoyance to Argyll Herbs Direct Ltd.
6.5. You agree to indemnity Argyll Herbs Direct Ltd in respect of any liabilities, losses, expenses, or other costs whatsoever incurred as a result of your breach of this Contract including, but not limited to, any claims made against Argyll Herbs Direct Ltd by any third party.
7 Your Rights to Terminate this Contract
7.1. Subject to clause 7.2, you may terminate this Contract at any time up to the end of the 7th working day from the Contract Date.
7.2. To cancel this Contract you must notify Argyll Herbs Direct Ltd within the period set out in Clause 7.1 by email to our email address. Notice shall be deemed to have been given by you at the time of receipt of the electronic mail by Argyll Herbs Direct Ltd.
7.3. Provided that you terminate this Contract in accordance with this clause, any sum paid by you will be reimbursed as soon as possible, and in any event within 30 days of the date on which notice of cancellation was received from you.
8 Termination of this Contract by the Argyll Herbs Direct Ltd
8.1. Argyll Herbs Direct Ltd reserves the right to terminate this Contract without notice if:
8.1.1. you fail to pay any sum properly due under this Contract
8.1.2. you fail to comply with any obligations under and/or breach any terms of this Contract; or
8.1.3. if Argyll Herbs Direct Ltd has reasonable grounds to suspect that any information is untrue, inaccurate, not current or incomplete.
8.2. The rights to terminate this Contract given by this Clause 8 shall not prejudice any other right or remedy available to you or the Argyll Herbs Direct Ltd in respect of the breach concerned or any other breach.
9 Intellectual Property
9.1. All brand names, product names, titles, trademarks, trade-names, designs and copyrights used on the Site are owned by Argyll Herbs Direct Ltd. No permission is given by Argyll Herbs Direct Ltd or any third party to you or to any other person for the use of the same. Such use may constitute an infringement of the holder's rights.
10.1. Argyll Herbs Direct Ltd makes no representations or warranties of any kind with respect to the Website or its contents or with respect to the suitability for any goods or services provided and disclaims all such representations and warranties.
10.2. Argyll Herbs Direct Ltd makes no representations or warranties about the accuracy, completeness or suitability for any purpose of the information or related graphics published on the Website. The information contained on the Website may contain technical inaccuracies and typographical errors. All liability of Argyll Herbs Direct Ltd howsoever arising from any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
10.3. Neither Argyll Herbs Direct Ltd nor any of it's Directors/partners, employees or other representatives will be liable for loss or damage arising out of or in connection with the use of the Website the including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss or damage to property and claims of third parties.
10.4. Notwithstanding sub clauses 10.1 to 10.3, none of the exclusions and limitations in this clause are intended to limit any rights you may have deriving from statute or common law which may not be excluded nor in any way to exclude or limit the liability of Argyll Herbs Direct Ltd to you for death or personal injury resulting from the negligence of Argyll Herbs Direct Ltd or that of its employees or agents.
10.5. Argyll Herbs Direct Ltd may correct any typographical or other errors or omissions in the Website relating to the provision of the Argyll Herbs Direct Ltd Service without liability.
10.6. Argyll Herbs Direct Ltd shall have no liability to you for any damage caused by any circumstance beyond the reasonable control of Argyll Herbs Direct Ltd including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
10.7. The Website may provide links to other websites, the content of which is not within our control. Argyll Herbs Direct Ltd accepts no responsibility for the materials featured on these websites. Links to other websites should not be taken as an endorsement of such sites or as a warranty that such websites will be free of viruses or any other malicious or destructive items.
If any part of this Contract is unenforceable (including any provision in which Argyll Herbs Direct Ltd excludes their liability), the enforceability of any other term will not be affected and shall remain enforceable.
12 Third Party Rights
Except for a director/partner, employee or representative of Argyll Herbs Direct Ltd, a person who was not a party to this Contract has no right under the Contract (Rights of Third Parties) Act 1999 to enforce any terms of this Contract but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
13 Governing Law
This Contract shall be governed and interpreted in accordance with the laws of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to resolve any disputes arising in respect of this Contract.
14 Entire Agreement
This Contract, together with the contents of the Website at the date of this Contract contains the entire and only agreement between you and Argyll Herbs Direct Ltd and supersedes all prior written or oral representations, agreements or understandings between you and Argyll Herbs Direct Ltd relating to the subject matter of this Contract and both you and Argyll Herbs Direct Ltd acknowledge that in entering into this Contract neither you nor Argyll Herbs Direct Ltd relied on any representation or undertaking whether oral or in writing, save such as are expressly incorporated in this Contract, and Argyll Herbs Direct Ltd shall have no liability for any such representation which is untrue or misleading other than any fraud or fraudulent misrepresentation.
15 Variations to the Contract
Argyll Herbs Direct Ltd reserves the right to make variations to the Contract from time to time as may be necessary. Where such variations are to be made by Argyll Herbs Direct Ltd, we will notify you by email to the email address provided by you or by online notification at the Website if necessary. If you continue to use the Argyll Herbs Direct Ltd following receipt of notification by Argyll Herbs Direct Ltd, you will be deemed to have accepted, and agree to such variations.