Terms & Conditions

 

Acceptance of Terms & Conditions


These provisions (including the Privacy Policy together with any other documents referred to in these provisions) set out the terms and conditions on which you may make use of the British Herb Kitchen website, including the purchase of goods (the “Site”) whether as a guest or registered user (Customer Terms). Our services include access to the Site, the purchase of goods from us and any associated or ancillary
services (the ”Services”)

We may update any aspect of these terms and conditions, the Site and our Services from time to time and will notify such changes to you by uploading details of them on the Site. Please review the Customer Terms periodically for changes. By using the Site you agree to be bound by these Customer Terms. If you do not agree to these Customer Terms then please do not use our Services or any part of them.


1. About us
The Services are operated by Cambridge Herbs Limited trading as British Herb Kitchen (“British Herb Kitchen”). We are registered in England and Wales under company number 09957047. Our postal address is British Herb Kitchen, PO Box 1350, Cambridge CB23 4YZ.


2. Accessing our Service
Access to the Services is permitted on a temporary basis, and we reserve the right to withdraw or amend the services we provide through the Site without notice. We will not be liable if for any reason any of the Services are unavailable at any time or for any period.


From time to time, we may restrict access to any or all of the Services 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 terms of our Privacy Policy.

 

3. Variations

The website descriptions of box contents are illustrative. Whilst we will always endeavour to deliver the same or similar contents, growing conditions, supply from artisan vendors, packaging, sizing and availability may vary from time to time. We therefore reserve the right to vary the contents as necessary.


4. Intellectual property rights
We own, or are the licensee to, all right, title and interest in and to the Services, including all rights under patent, copyright, trade secret or trademark law, and any and all other proprietary rights, including all applications, renewals, extensions and restorations thereof. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble or otherwise attempt to derive source code from any part of the Service.


You must not extract or otherwise use any of the content on the Site and/or Services for commercial purposes without first obtaining a licence to do so from us or.

5. Description of our service
When you decide to make a purchase from British Herb Kitchen.co.uk the resulting legal contract is between you and British Herb Kitchen and such contract shall comprise these Customer Terms, the email confirmation of your order and the applicable details in the Shop section of the Site and you agree to be bound by all such provisions.


You should carefully review the Customer Terms, the email confirmation of your order and the applicable details in the Shop section in relation to the order. If there is any conflict or inconsistency between these Customer Terms and the email confirmation of your order or the applicable details on the product page, these Customer Terms shall prevail to the extent of the conflict or inconsistency.


We cannot give any undertaking, that goods and/or services you purchase 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. We do not test or control and are not responsible in any way for products provided in our boxes by third party vendors


6. Disclaimer of Warranties and limitation of liability

(a )To the fullest extent permitted by applicable laws, we disclaim responsibility for any harm resulting from your use of any part of the Services.


(b) 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.


(c) Nothing in these Customer Terms 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.


7. Your Order
Each order you place shall be deemed to be an offer by you to purchase the goods and/or services specified within it subject to the Customer Terms and the applicable details in the Shop section.


No order shall be deemed to be accepted until we issue an email acknowledgement of order. The contract between us will relate only to those goods and/or services notified in the email acknowledgement of
order.


8. Payment
Purchases may only be paid for using a debit or credit card through the payment method which we may make available from time to time. Valid payment by you to us for the purchase of item(s) will satisfy your obligation to pay for the relevant item(s) and consequently, any debt obligations owed by you for the purchase of such items shall be extinguished at that time.

9. Refusal of transaction
We may refuse to process a transaction for any reason or refuse service to anyone at any time 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 processing has begun.

10. Delivery arrangements

Your shopping basket on the Site displays the goods you have chosen and details of postage and packing. Any delivery times quoted are in working days. See our Shipping and Returns Policy for more information.


11. Returns
Any return or refund of any item will be please in accordance with our Shipping and Returns Policy


12. Links
You may link to our home page on the Site or any other page within the site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. We expressly reserves the right to revoke the right granted in this clause for breach of these Customer Terms and to take any action it deems appropriate. Our Site must not be framed on any other website and we reserve the right to withdraw linking permission at any time.

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.


13. Viruses, hacking and other offences
You must not misuse our Site or any part of the Service by introducing viruses or other material which is in any way malicious or technologically 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. You must not attack our Site via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. 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.


15. Waiver
If we fail at any time to insist upon strict performance of any of your obligations under these Customer Terms, or if we fail 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. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Customer Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.


16. Severability
If any of these Customer Terms 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 terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.


17. Entire agreement
These Customer Terms and any documents expressly referred to in them constitute the entire agreement between us and supercedes and extinguishes all previous drafts, agreements, arrangements and understandings between us, whether written or oral, relating to its subject matter. Each of us agrees that neither we nor you shall have any remedies in respect of any representation or warranty (whether made innocently or negligently) that is not set out in these Customer Terms or any documents expressly referred to in them. Neither of us shall have any claim for innocent or negligent misrepresentation based upon any statement in these Customer Terms and any documents expressly referred to in them.

18. Force majeure
Where we are prevented from or delayed in carrying out obligations under these Customer Terms due to circumstances beyond our reasonable control including, without limitation, acts of God, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, inclement weather, epidemic, lock-outs, strikes or other labour disputes, or restraints or delays affecting carriers or an inability or delay in obtaining supplies of adequate or suitable materials then our performance of obligations shall be postponed for the period of time that the circumstances continue.


19. Rights of Third Parties
No provision of these Customer Terms shall be enforceable by any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise.


20. Law and jurisdiction
Contracts for the purchase of goods or services through our Site shall be governed by English law. Any dispute arising from, or related to, such contracts shall be subject to the exclusive jurisdiction of the courts of
England.


21. Feedback
General comments about the Site are always welcome, please contact us. If you have any complaint about a particular order please contact us.