TERMS AND CONDITIONS OF SALE – “THE AGREEMENT”

(CONSUMERS)

IMPORTANT: Please read the wording of this Agreement carefully as it contains the terms and conditions (“the Conditions”) upon which Dawnherbal / www.dawnherbal.co.uk and/or sub-domains or any website owned by or operated by Dawnherbal including Dawnherbal presence on third party websites such as eBay and Amazon work.

(“Us”/”We”/”Our”) contracts with You as a consumer NOT dealing in the course of a business (“You”/”Your”/”Yourself”) for the sale or the supply of goods and services (“Goods”) in accordance with the Conditions. All orders are accepted by Us and are subject to the following Conditions:

1 Order

  • 1.1 You may make an order via Our website.
  • 1.2 All orders which are accepted by Us shall be subject to these Conditions and no contract shall be deemed to be in place until We have accepted Your order. An order is not accepted until Your credit/charge/debit card is processed. Your order will not be processed until We have verified that Your order can be fulfilled from stock. Any e-mail, on-screen receipt or other acknowledgement of Your order is merely to report that Your request has been received and does not in any way denote acceptance of Your order regardless of any wording on the e-mail or the receipt. We reserve the right, at any time prior to acceptance, to refuse any order or any part of an order, or to require further or better information to enable Us to evaluate and/or process the order. If You wish to cancel Your order or return Goods please see Our cancellation and returns terms below.
  • 1.3 You will be advised if an item is out of stock. You may be offered an alternative product if one is available or You may cancel Your order.
  • 1.4 Where products are marked as in stock, this may refer to stock held in storage. Stated delivery times may vary depending on the location and type of product ordered and the speed of the postal or courier service.

2 Payment and Prices

  • 2.1 All prices are quoted in UK Pounds Sterling, GBP, £ and do not include cost of delivery and packaging.
  • 2.2 Payment shall be made at the time that the order is placed. Payment may be made by major credit card and debit cards: (Switch/Maestro (UK customers only); Visa and MasterCard which will be processed by PayPal. Goods will not be dispatched until We are in receipt of cleared funds.
  • 2.3 Prices quoted are exclusive of VAT and are current at the time of publishing. While every endeavour will be made to maintain them at their present low level We reserve the right to effect changes without prior notice. If ordering outside of the UK we reserve the right to charge more for large or bulkier orders. You will be contacted prior to order acceptance to agree these additional costs.  Prices will be as confirmed by Us when Your Order is confirmed.
  • 2.4 We reserve the right at any time to correct clerical omissions and errors without any liability on Our part.
  • 2.5 Because of the nature of our products we do not offer a money  back guarantee.

3 Ownership of the Goods

  • 3.1 Ownership of the Goods delivered or to be delivered by Us will only be transferred to You when the Goods have been delivered to You and We have received cash or cleared funds in full payment of all sums owing to Us in respect of the Goods and in respect of any other agreements between You or Us.
  • 3.2 Ownership of the copyrighted content of our Dawnherbal Master Herbalist Course remains the property of DAWN ALLEYNE and Dawnherbal. 

4 Delivery

  • 4.1 For mainland UK mainland delivery will normally be made within 5-10 business days (excludes custom-orders) after the order is accepted Monday to Friday. Custom-orders are normally made within 10-14 business days excluding products that needs time to cure. We will normally dispatch Goods by first class post or courier to mainland UK excluding any area separated by water from the mainland (delivery to Northern Ireland may take longer). You can request Next Working Day delivery for an additional charge. Please see our Shipping Information. We do not ship on weekends or bank holidays.
  • 4.2 Freight and insurance for deliveries outside mainland UK (excluding any area separated by water from the mainland) is charged extra at cost. Please contact us to discuss and agree on delivery charges as revised from time to time on Our website. If the Goods are subject to import duties and/or taxes for overseas orders, these costs will be solely borne by You.
  • 4.3 Time for delivery shall not be of the essence. We shall use reasonable endeavours to deliver by the date specified but We shall be under no liability whatsoever for delay in delivery or the consequence thereof however caused or non delivery of Goods. We will take reasonable steps to notify You within 14 days of order confirmation if Goods will not be shipped as ordered.
  • 4.4 When Goods are delivered to You, You should carefully check the documentation to ensure that the number and contents of the packages due to be delivered corresponds to the number and contents of packages received.
  • 4.5 If You believe that there are shortages in the number of Goods contained in the packages or if any damage has occurred to the Goods in transit, You must report these to Us within two working days of receipt of the Goods and this must be confirmed in writing and any damaged Goods returned to Us. Please see our return terms below.

5 Returns

  • 5.1 Provided You are a private consumer You may cancel any order made by You via Our website at any time within 30 days of receipt by You of the Goods. This Condition extends your statutory rights of cancellation. You must notify Us either by e-mail via our ‘contact us’ page. If you wish to return Goods. Return shipping costs will only be refunded where We have sent faulty Goods in error. The provisions of this Condition 5.1 shall not apply in respect of any Goods which are:
    • 5.1.1of a perishable nature
    • 5.1.2 not used as prescribed
  • 5.2 Goods described above at 5.1.1 to 5.1.2 cannot be returned unless:
  • 5.2.1 there has been a delivery error;
  • 5.2.2 such products are returned in response to a product or batch recall; or
  • 5.2.3 such products are damaged or faulty;
  • 5.3 Goods which are returned to Us must be accompanied by a copy of Your delivery note or a covering letter stating Your name, address and order number and reason for return.
  • 5.4 Any returned item lost, damaged or defaced in transit to Us will not be credited. If You have not received an acknowledgement or credit note from Us within 14 days You should notify Us.

5.5 Any returned items must be returned at your own cost and must be packed in its original packaging and suitably labelled addressed to Returns Department, to the  senders address.

  • Goods must be returned in the same condition that they were in when dispatched to you. For our contact details go to our ‘contact us’ page. We recommend that You use a reputable courier or Recorded Delivery. Please retain any proof of posting, receipt or tracking number for any item returned as We cannot accept responsibility for Goods until signed for by Us.
  • 5.6 Unless expressly authorised by Us in writing, any Goods can only be returned for credit if unused (subject to Condition 8.2), complete and in the original packaging. Please note: If You return Goods (which are not faulty) for exchange We will charge You for shipping the new Goods back to You.
  • 5.7 Subject to Your statutory rights of cancellation and Our extended cancellation terms as set out at Condition 5.1, an order can only be cancelled at Our discretion. On no account can cancellation be accepted for items sourced specially by Us on Your behalf which is not advertised on Our website.

6 Faulty Goods

  • 6.1 All Goods come with a 7 day guarantee backed by the manufacturer.
  • 6.2 In relation to faulty Goods:
    • 6.2.1 For unopened  purchases under 7 days old (from date of dispatch by Us), We will exchange the item at Our expense. Please e-mail us via our ‘contact us ‘ page for details.
    • 6.2.2 We accept no responsibility for Goods not received or damaged in transit.

7 Goods advertised

  • 7.1 While every effort has been made to portray items accurately on Our website and other advertising materials, slight variations may occur.
  • 7.2 All measurements quoted are approximate and the reproduction of colours is as accurate as photographic and publishing processes will reasonably allow.
  • 7.3 Please note there may be variations in colours or package design dependent on the calibration and settings of individual screens/prints.

8  Limitation of liability

  • 8.1 Subject to Conditions 8.3 and 8.4 below and save as otherwise expressly provided in these Conditions, all warranties, Conditions or other terms whether express or implied by statute or common law or otherwise are excluded or limited to the fullest extent permitted by law.
  • 8.2 Subject to Conditions 8.3 and 8.4 and to the full extent permitted by law We exclude all liability for any loss, damage or expense howsoever suffered or incurred by You as the direct or indirect result of the Goods either not being of satisfactory or merchantable quality, or fit for any purpose, or conforming to any description and You hereby irrevocably waive all rights and/or remedies (if any) which You may have or have had in respect of such loss, damage or expense and/or in respect of any breach or default of any warranty implied by statute, equity or common law concerning the quality, fitness or description of the Goods. We shall not be liable for incidental or consequential damages for any breach hereof.
  • 8.3 Conditions 8.1 and 8.2 do not apply where You deal as a consumer to the extent that such exclusions or limitations are not permitted by law.
  • 8.4 Nothing in these Conditions shall limit Our liability in respect of death or personal injury caused by Our own negligence.
  • 8.5 Save where expressly provided otherwise in these Conditions, subject to condition 8.4 Our entire liability under or in connection with:
  • 8.5.1 any order or the Goods shall not exceed the price of the Goods.

9  Miscellaneous

  • 9.1 If any provision of this Agreement is held by any competent authority to be invalid or unenforceable in whole or part the validity of the other provisions of this Agreement and the remainder of the provision in question shall not be affected.
  • 9.2 We shall not be liable to You for any delay or failure to perform any of Our obligations hereunder which is due to causes or circumstances beyond Our reasonable control, including (without limitation) acts of civil or military authority, national emergencies, fire or flood, strikes, lock-outs and other industrial disputes, acts of God, war or riots, actions or omissions of third parties.
  • 9.3 This Agreement including the order is the complete and exclusive statement of the contractual relationship between the parties, which supersedes all prior proposals, understandings, agreements, or representations between the parties relating to this Agreement except in respect of any fraudulent misrepresentation made by either party.
  • 9.4 We reserve the right to randomly monitor and record Our inbound and outbound calls.
  • 9.5 No delay, neglect or forbearance on Our part in enforcing its rights against You shall be construed as a waiver or in any way prejudice any of Our rights hereunder.
  • 9.6 Except for Our affiliates, directors, employees or representatives, a person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
  • 9.7 This Agreement shall be governed by and construed in accordance with the laws of England and Wales whose courts shall have non-exclusive jurisdiction in connection with any dispute arising out of or in connection with it and to which jurisdiction You irrevocably submit.

10. Website Access
A. dawnherbal.co.uk hereby grants you permission to use the Website as set forth in this Terms of Use, provided that: (i) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose and/or in a manner allowed by dawnherbal.co.uk; and (ii) you will otherwise comply with the terms and conditions of these Terms of Service.
B. In order to access some features of the Website, you will have to create an account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You accept sole responsibility for keeping your password secure. You must notify dawnherbal.co.uk immediately of any breach of security or unauthorized use of your account. Although dawnherbal.co.uk will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of dawnherbal.co.uk or others due to such unauthorized use.
11. Linked Content
dawnherbal.co.uk enables you to link to images, animations, videos, audio, and other content hosted on third party websites (the “Linked Content”). As a registered user, your creation is saved by dawnherbal.co.uk, but this is separate from the Linked Content, and the existence of your creation in dawnherbal.co.uk does not affect in any manner the ability to view or use Linked Content. If the Linked Content is no longer available or accessible to a user, then those portions of your creation that reference the Linked Content will not work.
12. Online Sharing through Third Party Services
When sharing our creations or websites through third party services you shall continue to comply with all provisions of this Agreement. You are also to comply with the terms of any the services through which you are sharing your creation.
13. Intellectual Property Rights
The Content on the dawnherbal.co.uk website is subject to copyright and other intellectual property rights under local and international laws conventions. To the best of its knowledge, DAWNHERBAL.CO.UK uses only Content which is allowed and permitted for use by the owner/s of the copyrights and other intellectual property rights therein. Content on the Website is provided to you AS IS only and it may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners (if such consent is required) (outside of a dawnherbal.co.uk document). dawnherbal.co.uk reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. You agree not to circumvent, disable or otherwise interfere with security related features of the dawnherbal.co.uk website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the dawnherbal.co.uk website or any of the Content therein.
14. Warranty Disclaimer & Limitation of Liability
YOU AGREE THAT YOUR USE OF THE DAWNHERBAL.CO.UK WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, DAWNHERBAL.CO.UK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. DAWNHERBAL.CO.UK MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE.
IN NO EVENT SHALL , ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR OTHER INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE DAWNHERBAL.CO.UK WEBSITE. HE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT DAWNHERBAL.CO.UK SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
DAWNHERBAL.CO.UK DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE DAWNHERBAL.CO.UK WEBSITE OR ANY HYPER LINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND DAWNHERBAL.CO.UK WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
DAWNHERBAL.CO.UK DOESN’T RECOMMEND THE USE OF THE SITE FOR HOSTING OF PERSONAL CONTENT AND SHALL NOT BEAR ANY SECURITY RISKS REGARDING BREACH OR DAMAGE TO ANY USER CONTENT.
DAWNHERBAL.CO.UK MAKES NO REPRESENTATIONS THAT THE DAWNHERBAL.CO.UK WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE IN ALL LOCATIONS. THOSE WHO ACCESS OR USE THE DAWNHERBAL.CO.UK WEBSITE FROM JURISDICTIONS PROHIBITING SUCH USE, DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
15. Indemnity
You agree to defend, indemnify and hold harmless dawnherbal.co.uk, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the dawnherbal.co.uk website; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the dawnherbal.co.uk website.
16. Events Beyond Control.
Under no circumstances shall dawnherbal.co.uk be held liable for any delay or failure in this Website and/or any of the Services and/or information on the Website directly or indirectly resulting from, arising out of, relating to or in connection with events beyond the reasonable control of dawnherbal.co.uk, including, without limitation, Internet failures, equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties. The provisions of this paragraph are in addition to, and not intended to limit or modify, the limitation of Limitation of Liability section as stipulated above.
17. Assignment
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by dawnherbal.co.uk without restriction or limitations.
18. General
You agree that: (i) all information on dawnherbal.co.uk is for informational purposes only and not for the purpose of providing medical advice. You agree that: (ii) the dawnherbal.co.uk website shall be deemed solely based in The United Kingdom; and (iii) the dawnherbal.co.uk website shall be deemed a passive website that does not give rise to personal jurisdiction over dawnherbal.co.uk, either specific or general, in jurisdictions other than the United Kingdom. These Terms of Service shall be governed by the internal substantive sovereign laws of The United Kingdom, without respect to its conflict of laws principles. Any claim or dispute between you and dawnherbal.co.uk that arises in whole or in part from the dawnherbal.co.uk website shall be decided exclusively by a court of competent jurisdiction located in he United Kingdom. These Terms of Service, together with the privacy and any other legal notices published by dawnherbal.co.uk on the Website, shall constitute the entire agreement between you and dawnherbal.co.uk concerning the dawnherbal.co.uk website. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and dawnherbal.co.uk failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. YOU AND DAWNHERBAL AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE DAWNHERBAL.CO.UK WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.