Terms of service
TERMS & CONDITIONS
Limited License
You are granted a limited, non-exclusive, revocable and non-transferable license to utilize and access the Site pursuant to the requirements and restrictions of these Terms of Use. HERBAL ESSENTIALS UK LTD may change, suspend, or discontinue any aspect of the Site at any time. HERBAL ESSENTIALS UK LTD may also, without notice or liability, impose limits on certain features and services or restrict your access to all or portions of the Site. You shall have no rights to the proprietary software and related documentation, if any, provided to you in order to access the Site. Except as provided in the Terms of Use, you shall have no right to directly or indirectly, own, use, loan, sell, rent, lease, license, sublicense, assign, copy, translate, modify, adapt, improve, or create any new or derivative works from, or display, distribute, perform, or in any way exploit the Site, or any of its contents (including software) in whole or in part.
Site Operation
United Kingdom is our Country of Domicile. HERBAL ESSENTIALS UK LTD controls this Site from the UK. HERBAL ESSENTIALS UK LTD makes no representation that this Site is appropriate for use in other locations. If you use this Site from other locations you are responsible for ensuring compliance with local laws. You may not use, export or re-export any materials from this Site in violation of any applicable laws or regulations, including, but not limited to any UK export laws and regulations.
Applicable Law
The Laws of the United Kingdom shall govern the use of the Site and the Terms of Use, without regards to conflict of laws principals. All disputes arising in connection therewith shall be heard only by a court of competent jurisdiction in the UK.
Multi-Currency Priced Transaction
The displayed price and currency selected by you, will be the same price and currency charged to the Card and printed on the Transaction Receipt.
Purchases
HERBAL ESSENTIALS UK LTD accepts payment by Visa or Mastercard debit and credit cards in EUR and GBP for its products and services. All online purchases are also governed by the terms and conditions of respective merchant service providers. Please review respective merchant service provider’s user agreement and privacy policy before entering any transaction. Interpretation. These Terms of Use supersede all other written and oral communications or agreements with regard to the subject matters discussed in these Terms of Use. A waiver or modification of these Terms of Use will only be effective if made in writing signed by an authorized officer of HERBAL ESSENTIALS UK LTD. All refunds will be made onto the original mode of payment.
Office Foreign Assets Control (OFAC) Sanctioned Countries
HERBAL ESSENTIALS UK LTD will not trade with or provide any services to individuals and companies owned or controlled by, or acting for or on behalf of, OFAC targeted countries AND individuals, groups, and entities, such as terrorists and narcotics traffickers designated under the OFAC programs that are not country-specific.
Representations By You
By visiting the Site, you represent, warrant and covenant that (a) you are at least 18 years old; (b) that all materials of any kind submitted by you to HERBAL ESSENTIALS UK LTD through the Site or for inclusion on the Site will not plagiarize, violate or infringe upon the rights of any third-party including trade secret, copyright, trademark, trade dress, privacy, patent, or other personal or proprietary rights. The customer using the website who are Minor /under the age of 18 shall not register as a User of the website and shall not transact on or use the website.
Permitted Use
You agree that you are only authorized to visit, view and to retain a copy of pages of this Site for your own personal use, that you shall not duplicate, download, publish, modify or otherwise distribute the material on this Site for any purpose other than for personal use, unless otherwise specifically authorized by HERBAL ESSENTIALS UK LTD to do so. You also agree not to deep-link to the site for any purpose, unless specifically authorized by HERBAL ESSENTIALS UK LTD to do so. The content and software on this Site is the property of HERBAL ESSENTIALS UK LTD. The cardholder must retain a copy of transaction records and Merchant policies and rules.
Your Account
If you use HERBAL ESSENTIALS UK LTD Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your account from any devices, and you agree to accept responsibility for all activities that occur under your account or password. The Site shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.
No Commercial Use
This Site may not be used by you for any commercial purposes such as to conduct sales of merchandise or services of any kind. You must obtain HERBAL ESSENTIALS UK LTD’s prior written consent to make commercial offers of any kind on the Site, whether by advertising, solicitations, links, or any other form of communication. HERBAL ESSENTIALS UK LTD will investigate and take appropriate legal action against anyone who violates this provision, including without limitation, removing the offending communication from the Site and barring such violators from use of the Site.
Links and Search Results
The Site may automatically produce search results that reference and/or link to third party sites throughout the World Wide Web. HERBAL ESSENTIALS UK LTD has no control over these sites or the content within them. HERBAL ESSENTIALS UK LTD does not guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive. HERBAL ESSENTIALS UK LTD does not endorse the content of any third party site, nor does it make any representation or warranty about these sites, including that they will not contain viruses or otherwise impact your computer. By using the Site to search for or link to another site, you agree and understand that you may not make any claim against HERBAL ESSENTIALS UK LTD for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results or to link to another site. If you have a problem with a link from the Site, you may notify us at INFO@HERBAL-ESSENTIALS.COM
Copyright Policy
HERBAL ESSENTIALS UK LTD may terminate the privileges of any user who uses this Site to unlawfully transmit copyrighted material without a license, express consent, valid defense or fair use exemption to do so. If you submit information to this Site, you warrant that the information does not infringe the copyrights or other rights of third parties.
Intellectual Property
Although HERBAL ESSENTIALS UK LTD is not responsible for the content, quality or accuracy of data provided by users, compilations of such data, text, information and other materials made available to users through HERBAL ESSENTIALS UK LTD’s system. The On-line Materials are HERBAL ESSENTIALS UK LTD’s intellectual property, and are protected by U.S. and international intellectual property laws. The On-line Materials may not be copied or redistributed either in whole or in part without prior written consent of HERBAL ESSENTIALS UK LTD, except as expressly and specifically permitted under these Terms of Use.
The On-line Materials are and will remain the exclusive property of HERBAL ESSENTIALS UK LTD. All rights, titles and interests in and to the On-line Materials will be and remain vested solely in HERBAL ESSENTIALS UK LTD. Under no circumstances will you have any right, directly or indirectly, to own, use, copy, loan, sell, rent, lease, license, sublicense, redistribute, assign or otherwise convey the On- line Materials, or any rights thereto, except as expressly and specifically provided in the Terms of Use. Nothing in these Terms of Use will convey to you any right, title or interest, except that of a license with the express rights and subject to all limitations herein. Nothing in these Terms of Use grants you the right, directly or indirectly, to use the On-line Materials to create a product for resale or to use the On-line Materials in any way that competes with HERBAL ESSENTIALS UK LTD.
You acknowledge and agree that HERBAL ESSENTIALS UK LTD will own all rights, titles and interests in and to any copy, translation, modification, adaptation, derivative work or improvement of the On- line Materials made by or for you. At HERBAL ESSENTIALS UK LTD’s request, you must execute, or obtain the execution of, any instrument that may be necessary to assign these rights, titles or interests to HERBAL ESSENTIALS UK LTD or perfect these rights, titles or interests in HERBAL ESSENTIALS UK LTD’s name. DISCLAIMER OF WARRANTY, LIMITATION OF DAMAGES. HARMONY COSMETICS MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTY OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS IN RELATION TO THE AVAILABILITY, ACCURACY, VALIDITY, RELIABILITY OR CONTENT OF THESE PAGES AND/OR THE SITE. HERBAL ESSENTIALS UK LTD ALSO DOES NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING THE ACCURACY OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION THAT IS SUBMITTED, DISPLAYED OR UPLOADED THROUGH THE SITE BY ANY USER. HERBAL ESSENTIALS UK LTD SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR FOR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE, EVEN IF HERBAL ESSENTIALS UK LTD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THE LIABILITY OF HERBAL ESSENTIALS UK LTD WOULD IN SUCH CASE BE LIMITED TO THE GREATEST EXTENT OF LIABILITY PERMITTED BY LAW.
Violation of Terms of Use
You understand and agree that in HARMONY COSMETICS’s sole discretion, and without prior notice, HERBAL ESSENTIALS UK LTD may terminate your access to the Site, or exercise any other remedy available and remove any unauthorized user information, if HERBAL ESSENTIALS UK LTD believes that the information you provide has violated or is inconsistent with these Terms of Use, or violates the rights of HERBAL ESSENTIALS UK LTD, or any third party, or violates the law. You agree that monetary damages may not provide a sufficient remedy to HERBAL ESSENTIALS UK LTD for violations of these Terms of Use and you consent to injunctive or other equitable relief for such violations. HERBAL ESSENTIALS UK LTD may release user information about you if required by law or subpoena.
Indemnity
You agree to indemnify and hold HERBAL ESSENTIALS UK LTD, its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of or relating to your use of the Site, including also your use of the Site to provide a link to another site or to upload content or other information to the Site, or your breach of the Terms of Use.
License Granted To You
By providing materials to HERBAL ESSENTIALS UK LTD, including by submitting or uploading content or materials for use on the Site you represent and warrant that you or the owner of all rights to such content or materials has expressly granted HERBAL ESSENTIALS UK LTD an irrevocable world-wide right in all languages and in perpetuity to use and exploit all or any part of the content and materials provided by you. HERBAL ESSENTIALS UK LTD may publish and distribute any such submitted content or materials at its sole discretion by any method now existing or later developed. You agree that you shall waive all claims and have no recourse against HERBAL ESSENTIALS UK LTD for any alleged or actual infringement or misappropriation of any proprietary rights in any communication, content or material submitted to HERBAL ESSENTIALS UK LTD.. Any communication or materials you send to HERBAL ESSENTIALS UK LTD will be treated as non- confidential and non-proprietary and may be disseminated or used by HERBAL ESSENTIALS UK LTD for any purpose, including, but not limited to, developing, creating, manufacturing or marketing products or services.
Advertising
The Site may contain advertisements and/or sponsorships. The advertisers and/or sponsors that provide these advertisements and sponsorships are solely responsible for ensuring that the materials submitted for inclusion on the Site are accurate and comply with all applicable laws. HERBAL ESSENTIALS UK LTD is not responsible for the acts or omissions of any advertiser or sponsor.
Severability
If any provision of the Terms of Use is held to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect.
Headings & section titles in this Agreement are for convenience and do not define, limit, or extend any provision of this Agreement.
Competitions
We reserve the right to amend these Terms from time to time.
These rules will be deemed incorporated into each competition except to the extent that any specific instruction in a competition provides otherwise.
By entering the competition entrants will be deemed to have read and understood these Terms and be bound by them. All of our decisions will be final and binding and no correspondence will be entered into.
Any person who is an employee or an immediate family member of an employee of any Herbal Essentials UK Ltd company or any other person who is directly connected with the organisation of any particular competition is ineligible to participate.
Competitions are only open to residents of the UK (excluding Northern Ireland).
All entrants are to be aged 18 or over unless any other age restriction is specified or implied. Entrants should, if under 18, obtain permission in advance from their parent or guardian.
All entries must be received by the closing date specified in the competition. Answers will be entered upon submission. No responsibility will be taken for any answers that are misdirected, lost for technical or other reasons or received after the closing date.
We reserve the absolute right to disqualify without notice any entries to any competition which we consider have used improper technical means to enter and/or we believe is fraudulent.
Entrants are liable for their costs to access computer networks.
We will not be liable for or accept any responsibility for: (i) any failure by the winner or any entrant to comply with these terms and conditions; (ii) any disruption, delay or misdirection of entries; or (iii) any server, system or network failures, malfunctioning or inaccessibility.
We shall be the promoter of all competitions subject to these terms and conditions unless stated otherwise.
By accepting the terms and conditions, the recipient agrees to be added to the Herbal Essentials UK database and will receive marketing communications from Herbal Essentials.
The data submitted to Herbal Essentials will be kept with the strictest confidence and will never be shared with any other third party.
Prizes
If for any reason an advertised prize is unavailable we reserve the right at our absolute discretion to substitute a similar prize of equivalent or greater value.
Only one prize will be awarded per household.
There will be no cash or other alternative to the prize offered and prizes are not transferable. The products purchased on this site are for private and domestic use only and are not for re sale.
Notification
The winner’s name will be selected in a random draw, after the closing date, from all entrants received.
The winner of a prize will be notified within 28 days after the winner has been ascertained.
Please allow 28 days for delivery of all prizes.
If the winner of the a competition is unable to take up a prize for any reason or if the winner cannot be notified after reasonable efforts having been made then we may dispose of the prize as we think fit without any liability to the winner for having done so.
Winners will be selected at random and contacted via e-mail or direct message on social media platforms. If no response is received within 28 days of being contacted a new winner will be selected.
For each competition, only one prize will be awarded per entrant / email address. Names of winners will be available on request.
Multibuy Promotions
This offer applies only to qualifying items listed in the Multibuy area of this Website.
Where any goods are returned (except for an exchange where products are faulty/defective), we are entitled to either require the return of all goods delivered as part of that Multibuy offer at your cost or charge you for the goods retained by you at the full price quoted on this site.
Gift With Purchase Promotions
Where we are offering a free gift with a product, we shall only provide one free gift per transaction (irrespective of how many products are purchased). The free gift is subject to availability and we reserve the right to change the free gift for an alternative gift.
In order for us to facilitate the provision of a free gift, it may be necessary for us to include the free gift on our site at a nominal value. For the avoidance of doubt, you are not entitled to ‘purchase’ the free gift without purchasing the product it is provided free with and any attempt to ‘purchase’ the free gift will be cancelled (notwithstanding any automated communication you may receive acknowledging your order). In the unlikely event that the free gift is despatched to you, you shall be obliged to return the free gift upon written request.
Promotional Discount Codes
From time to time, we may give you a promotional discount code that you can use to reduce the price of specified products. To redeem this discount, it is up to you to enter the entire code at the checkout.
All promotional codes are available while stocks last.
All promotional codes are available one per customer.
None of our product codes can be used in conjunction with any other offer or promotional code.
None of our promotional codes can be redeemed against sale items.
We reserve the right to withdraw the promotional code at any time without warning.
Sampling Promotions
Herbal Essentials UK Ltd will occasionally offer free samples with free postage and packaging to website visitors that complete the sample registration form. All areas of the form must be complete in order to qualify for the free samples. In return, Herbal Essentials will send free samples to the recipient at the address given. One sample set is available per household.
By accepting the terms and conditions, the recipient agrees to be added to the Herbal Essentials UK database and will receive marketing communications from Herbal Essentials.
The data submitted to Herbal Essentials will be kept with the strictest confidence and will never be shared with any other third party.