These terms and conditions ('the Terms') govern the users ('you' or 'your') use of www.thecuriousherb.com ('the Website') and your relationship with:

(i) The Curious Herb (trading as www.thecuriousherb.com) whose registered office is at 12 Hyde Lane, Upper Beeding, West Sussex, BN44 3WJ, United Kingdom; or

('we', 'our', or 'us'). Please read them carefully as they affect your rights and liabilities under law. If you do not agree to these Terms, please do not access nor use the Website. If you have any queries regarding these Terms then please contact us.

 

1. Agreement

By using the Website you agree to be bound by these Terms. Access to our Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Website without notice. We will not be liable if for any reason our Website is unavailable at anytime or for any period. You are responsible for making all arrangements necessary for you to have access to our Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these terms, and that they comply with them.

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2. Amendments and Updates

We reserve the right to update these Terms from time to time and any changes will be notified to you via a suitable announcement on the Website. It is your responsibility to check for such changes. The changes will apply to the use of the Website after we have given such announcement. If you do not wish to accept the new Terms you should not continue to use the Website. If you continue to use the Website after the date on which the change comes into effect, your use of the Website indicates your agreement to be bound by the new Terms; and modify or withdraw, temporarily or permanently, this Website and the material contained within (or any part) without notice to you and you confirm that we shall not be liable to you for any modification to or withdrawal of the Website or its contents. We aim to update our Website regularly and may change the content at any time. If the need arises, we may suspend access to our Website, or close it indefinitely. Any of the material on our Website maybe out of date at any given time, and we are under no obligation to update such material.

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3. Registration

You warrant that the personal information which you are required to provide when you register is true, accurate, current and complete in all respects; and you are not impersonating any other person or entity.

The products purchased on this site are for private and domestic use only and are not for re sale. You will notify us immediately of any changes to the personal information by e‐mailing: curious@thecuriousherb.co.uk

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4. Privacy Policy

We will treat all your personal information as confidential and will only use it in accordance with our Privacy Policy

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5. Methods of Payment

All payments are independently processed through third-party services. Therefore, this Website does not collect any payment information – such as credit card details – but only receives a notification once the payment has been successfully completed. If a payment through the available methods fails or is refused by the payment service provider, the Website shall be under no obligation to fulfill the purchase order. Any possible costs or fees resulting from the failed or refused payment shall be borne by the User. 

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6. Compliance

The Website may only be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and its use. You agree not to upload or transmit through the Website any computer viruses or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer.

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7. Indemnity

You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Terms by you, or any other liabilities arising out of your use of this Website or any other person accessing the Website using your personal information.

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8. Third Party Links

As a convenience to our customers, the Website may include links to other websites or material which is beyond our control. For your information, we are not responsible for such websites or material nor do we review or endorse them. We will not be liable, whether directly or indirectly, for the privacy practices or content of such websites nor for any damage, loss or offence caused or alleged to be caused in connection with, the use of or reliance on any such advertising, content, products, materials or services available on such external websites or resources.

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9. Orders

All orders are subject to acceptance and availability. If the goods ordered are not available, you will be notified by e‐mail (or by other means if no e‐mail address has been provided) and you will have the option either to wait until the item is available from stock or to cancel your order. Any orders placed by you will be treated as an offer to purchase the goods or services from us and we have the right to reject such offers at any time. You acknowledge that any automated acknowledgment of your order which you may receive from us shall not amount to our acceptance of your offer to purchase goods or services advertised on the Website. The conclusion of a contract between you and us will take place when we (i) debit your credit, debit card or PayPal account or (ii) dispatch the goods to you or commence the services, whichever is the later. We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be liable for any loss you may suffer if a third party procures unauthorised access to any data provided by you when accessing or ordering from the Website. You will assume the risk for the products once they have been delivered to the delivery address which you specified when ordering the products. We accept no liability where you provide an incorrect delivery address or where you fail to collect the products from the delivery address which you specified. Notwithstanding that risk of loss or damage to the products only passes to you once they have been delivered to the delivery address, ownership of the products shall pass to you on the later of: (a) the products being dispatched by us; and (b) us receiving payment in respect of the same.

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10. Cancellation Rights

Customers who have purchased a Course and wish to cancel or amend their booking, must do so no less than 7 days prior to the start of the purchased Course. Please email curious@thecuriousherb.co.uk to cancel or reschedule.

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11. Price and Payment

All prices shown are inclusive of VAT (only where applicable ‐ see below) at the current rates and are correct at the time of entering the information onto the system. We reserve the right, however, to change prices at any time without notice to you.  Payment can be made by any major credit or debit card or via your PayPal account. Payment will be debited and cleared from your account before the dispatch of your good or provision of the service to you. In the unlikely event that the price shown on the checkout page is wrong, and we discover this before accepting your order in accordance with clause 9, we are not required to sell the goods to you at the price shown. We always try and ensure that the prices of goods shown on our Website are accurate, but occasionally genuine errors may occur. If we discover an error in the price of the goods that you have ordered we will let you know as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If you cancel your order and you have already paid for the goods, then you will receive a full refund. You confirm that the credit, debit card or PayPal account that is being used is yours. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us we will not be liable to you for any delay or non‐delivery. If your credit or debit card payment is not processed successfully for any reason, we reserve the right to reattempt to process payment within 48 hours. In the event that the payment is still unsuccessful, we will give you at least 48 hours’ notice in advance of any further reattempt to process payment by sending an email to the email address you have provided to us. If you do not want us to reattempt to process payment, you must cancel your order in advance.

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Please familiarise yourself with these terms and conditions before you place an order as we reserve the right to reject or cancel any orders which do not comply with these terms even if your credit or debit card has been charged.

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12. Eligibility to Purchase

To be eligible to purchase goods on this Website and lawfully enter into and form contracts on this Website under English law you must be 18 years of age or over; and register your real name, address, phone number, e‐mail address any other details requested. By offering to purchase goods and services you represent to us that you are 18 years of age or over and authorise us to transmit information (included updated information) to obtain information from third parties, including but not limited to, your debit or credit card numbers or credit reports to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.

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13. Intellectual Property

We are the owner or the licensee of all intellectual property rights in our Website, and in the material published on it. You may print off one copy, and may download extracts, of any page(s) from our Website for your personal reference and you may draw the attention of others to material posted on our Website.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status as the authors of material on our Website must always be acknowledged. You must not use otherwise reproduce, modify, copy or distribute any part of the content or materials on our Website for commercial purposes without obtaining a licence to do so from us.

If you print off, copy or download any part of our Website in breach of these Website Terms, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. All logos, brands and trademarks used on the Website including, but not limited to, The Curious Herb are owned by The Curious Herb. You may not use these without our consent.

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14. Limitation of Liability

Notwithstanding any other provision in the Terms, nothing in these Terms:

• affect or limit your rights as a consumer under English law; or

• will exclude or limit our liability for death or personal injury resulting from our negligence.

The Website is provided on an 'as is' and 'as available' basis without any representation or endorsement made and we make no warranties, whether express or implied, in relation to it and its use. You acknowledge that we cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you. You must bear the risk associated with the use of the Internet. Whilst we will try to ensure that material included on the Website is correct, reputable and of high quality, we cannot accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website. If we are informed of any inaccuracies in the material on the Website we will attempt to correct this as soon as we reasonably can.

In particular, we disclaim all liabilities in connection with the following:

• incompatibility of the Website with any of your equipment, software or telecommunications links;

• technical problems including errors or interruptions of the Website; unsuitability, unreliability or inaccuracy of the Website; and

• failure of the Website to meet your requirements.

To the full extent allowed by applicable law, you agree that we will not be liable to you or any third party for any consequential or incidental damages (both of which terms includes, without limitation, pure economic loss, loss of profits, loss of business, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the Website.

 

15. International Users

The Website is controlled, operated, and administered within the United Kingdom and we make no representation that any Website content is appropriate or available for use at any other location outside the United Kingdom. If you access the Website from a location outside the United Kingdom, you are responsible for compliance with all local laws.  We do not accept any liability arising from any attempt by you to purchase or any subsequent delivery of products if such action is prohibited or illegal where you are ordering from or having the products delivered to. Legal advice should be taken in cases of doubt and you shall remain wholly responsible for ensuring that you are permitted to purchase our products from where you access the Website from and import them.

 

16. Severance

If any part of the Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of the Terms.

 

17. Waiver

No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

 

18.  Entire Agreement

These Terms form the entire basis of any agreement reached between you and us.

 

19. Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of England and Wales and any disputes will be decided only by the English courts.

 

 

Our Returns Policy

1. Our Returns Policy forms part of, and must be read in conjunction with, our Terms and Conditions of Sale. We reserve the right to change this Returns Policy at any time.

It is important that you check your order or items upon receipt and always before use. If any errors occur or issues arise then these need to be reported to us immediately so we can investigate.

Before attempting to return an order you will need to contact The Curious Herb to request a returns authorisation. Without this it can be difficult to process your return meaning the process may take longer.

2. Your statutory rights

Our Returns Policy does not affect your statutory rights.

For more information about your other statutory rights, please visit the UK Government's website at: www.direct.gov.uk or contact Consumer Direct, the Government funded consumer advice service on 08454 04 05 06.

3. Right to Cancel

You have the right to cancel this contract within 28 days without giving reason.

The cancellation period will expire after 28 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires physical possession of the goods.

To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. by selecting the appropriate option in your account or a letter sent by post). You may use the example model cancellation form below, but it is not obligatory.

Please ensure that the items you are returning are unopened and in any original packaging. Unwanted goods need to be in pristine condition with any retail seals unbroken.

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4. Effects of Cancellation

If you cancel this contract, we will reimburse to you all payments received from you, including the cost of delivery (except for supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).

We may make a deduction from the reimbursement for loss in value of any goods supplied if the loss is the result of unnecessary handling by you.

We will make the reimbursement without undue delay and not later than:

(a)14 days after the day we receive back from you any goods supplied; or

(b)(if earlier) 14 days after the day you provide evidence that you have returned the goods; or

(c)if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel the contract.

We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of the reimbursement. You will have to bear the direct cost of returning the goods. 

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5. What should I do if I receive an incorrect item?

We have high standards when it comes to packaging your order however mistakes, do occur from time to time. Please accept our apologies if you have received an incorrect item. As part of our customer objectives, we will do our upmost to resolve your query with speed, ease and with absolute minimal inconvenience. We will review each case individually when considering the return of the product; in some cases we may require further information such as pictures so we can choose the best course of action. Our aim is to provide the best solution for you as quickly as possible.

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​6. What should I do if my item is damaged?

Although we take care to prevent any damage to your goods during transit it is possible that problems may arise. Please accept our apologies if you have received a damaged item.

We ask that you do not refuse delivery, instead accept the goods and contact us immediately. Refusal may actually result in a delay of the parcel being returned.

When you contact The Curious Herb please attach any pictures you have of the damage to the message. We will review the details and offer the best resolution to resolve your query.

 

7. How do I report a fault with my product?

Please accept our apologies if you believe there is a fault with your item, we take all complaints regarding the quality of our products seriously and we will need to investigate the reported fault in more detail.

In order to do this we ask that you contact The Curious Herb at curious@thecuriousherb.co.uk. Please provide details of the fault and where possible attach pictures to your message.

 

8. How do I arrange a return?

Please contact The Curious Herb to arrange your return.

We will need to know your order number, the item you want to return and the reason for return.

Please package the item securely.

Any item you have accepted and then returned is your responsibility until it reaches our warehouse. Please therefore ensure that you send your item back to us using a delivery service that insures you for the value of the goods.

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9. Will you refund my postage costs to return an item?

We are more than happy to refund postage costs to return an item where the return is required due to our error. For instance:

• If we sent you the wrong item

• If the item is damaged or faulty

• Where you are returning a substitute item which you do not want to keep

We will not refund postage costs to return items which are unwanted or no longer required. These costs will need to be covered by you, again we recommend using a delivery service that insures you for the value of the goods. We will not refund postage costs to return any item due to reported damage or fault where no error was found in the testing process. Costs of posting the item back to you will depend on the item and will be communicated to you after the testing process has been completed.

 

10. Complaints

If you are not satisfied with the way in which we have handled the return or replacement of any item, we want to hear about this. Our aim is to resolve the matter for you and ask that you please contact The Curious Herb at curious@thecuriousherb.co.uk