Agreement

OVERVIEW

This website is operated by Goodbody Botanicals Ltd.  Throughout the site, the terms “we”, “us” and “our” refer to Goodbody Botanicals. Goodbody Botanicals offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. Our store is hosted on WooCommerce . They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your country of residence, or that you are the age of majority in your country of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of our services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 – PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 – DELIVERY

Goodbody undertakes to effect delivery as expeditiously as possible which is usually within 5 working days of the order being accepted. Delivery dates cannot be guaranteed as they may be affected by circumstances beyond our control. Neither Goodbody, nor the nominated carrier will accept claims for consequential losses due to late delivery.  

At Goodbody we make the process of delivering your goods to you as simple as possible.

Orders over £50 qualify for FREE shipping. We use a UK based fulfilment company to manage the best courier services to make your deliveries. (These would normally be Royal Mail or Hermes)

Orders under £50 will carry a charge from £3.99

We deliver to everywhere in mainland UK. If you are outside the UK please let us know and we will calculate delivery costs for you if not calculated via the website.

SECTION 7 – RETURNS

To return standard product, please contact us first at; info@goodbodystore.com within 14 days of purchase. No returned goods can be accepted unless Returns Authorisation has been given.

Personalised (White label) goods cannot be returned unless they are defective.

It is the responsibility of the customer to arrange for the return carriage and to ensure that the returned goods are adequately packaged to avoid damage in transit You will be responsible for paying for your own delivery costs for returning your item. Delivery costs are non-refundable.

Depending on where you live, the time it may take for your exchanged product to reach you may vary.

If you are delivery an item over £50, you should consider using a trackable delivery service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item. We strongly recommend that proof of posting/despatch and appropriate insurance are obtained by the customer. WE CANNOT ACCEPT LIABILITY FOR LOST OR DAMAGED PARCELS IN TRANSIT TO US.

The items must be in delivered condition and returned in their original packaging carton.

Collections can be arranged via our courier at a cost of £15 per parcel.

SECTION 8 – REFUNDS

Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund. If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.

Any refunds given for returned goods after 14 days will be subject to a handling charge of 15% of the value. No refunds will be made in the respect of carriage charges levied on the original order.

Only regular priced items may be refunded, unfortunately, sale items cannot be refunded.

If you have not yet received a refund, first check your bank account again. Then contact your credit card company, it may take some time before your refund is officially processed. Next, contact your bank. There is often some processing time before a refund is posted. If you have done all of this and you still have not received your refund, please contact us at info@goodbodybotanicals.com.

SECTION 9 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Returns Policy.

SECTION 10 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 11 – THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 12 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.

We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy.

We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 13 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

Click here to view our Privacy Policy.

SECTION 14 – ERRORS, INACCURACIES AND OMISSIONS

We take great care to ensure the accuracy of sizes, prices and specifications. Whilst such descriptions are given as a guide and in good faith, they are subject to alteration without notice. If we discover an error in the price of goods you have ordered, we will inform you as soon as possible and give you the option of reconfirming you order at the correct price or cancelling it. Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 15 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 16 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. The Company’s total liability for damages under this agreement and the order shall be limited to the total fees due for the invoice upon which a claim is based. In no event, shall Goodbody Botanicals Ltd be responsible for any claims arising out of its compliance with instructions, requirements, or specifications provided by or required by the Buyer.  In no case shall Goodbody Botanicals Ltd., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

SECTION 17 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Goodbody Botanicals and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 18 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 19 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 20 – FORCE MAJEURE

The company shall be entitled to cancel or delay delivery of orders if it is delayed, hindered or prevented from delivery through circumstances beyond its control. Such circumstances shall include (but are not limited to) industrial action, accident, fire, terrorism, Act of God or failure to deliver by suppliers or carriers.

SECTION 21 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 22 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of England & Wales. If any part of these Terms is found to be void or unenforceable by any court of competent jurisdiction, such part shall be severed from these Terms which will otherwise remain in full force.

SECTION 23 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 24 – CONTACT INFORMATION

Email: info@goodbodystore.com

Goodbody Botanicals Ltd, The Blue Building, Stubbs Lane, Beckington, Somerset, BA11 6TE, UNITED KINGDOM

Telephone:  +44 (0) 1373 486650   

Company Number: 11023167

WHOLESALE CUSTOMERS ADDITIONAL TERMS

SECTION 25 – CREDIT ACCOUNTS

Customers requiring a credit account must complete an account application form and, if requested supply a copy of their latest submitted year end and/or management accounts. We reserve the right to restrict or refuse any order or application for credit at any time. If your application is successful, you will be notified of a credit limit. Goods required over this value will require cleared funds in advance of delivery.

SECTION 26 – TERMS & PAYMENT

Payment is due at the time of order unless a credit account is held. Payment is due in full, 30 days from the date of the invoice if you hold a credit account. Further orders will not be dispatched, whilst balance remains outstanding.

Payment shall not be deemed to have taken place until the receipt by Goodbody Botanicals cleared funds.

Goodbody Botanicals shall be entitled to charge an additional finance charge at the rate of 4% per month on amounts overdue and Goodbody Botanicals reserves the right to (1) withhold shipment of the goods until full payment is made; and/or (2) revoke any credit extended to the Buyer. If the Buyer’s account is more than 60 days in arrears, the Buyer shall reimburse Goodbody Botanicals for reasonable costs, including legal fees, of collecting such amounts from the Buyer:

Goodbody Botanicals may rescind any contract between the customer and company and charge for any goods supplied whether completed or not, if the Buyer:

Commences a judicial or administrative proceeding under a law relating to insolvency for the purpose of reorganising or liquidating the debtor or reconstructing its debt;

Anyone commences any such proceeding against the Buyer and either (a) the proceeding not dismissed by midnight at the end of the 60th day after commencement or (b) any court before which the proceeding is pending issues an order approving the case;

A receiver, trustee, administrator, or liquidator (however each is referred to) is appointed or authorised, by law or under a contract, to take charge of property of the Buyer for the purpose of enforcing a lien against that property, or for the purpose of general administration of that property for the benefit of the Buyer’s creditors;

The Buyer makes a general assignment for the benefit of creditors; and

The Buyer generally fails to pay its debts as they become due (unless those debts are subject to a good-faith dispute as to liability or amount) or acknowledges in writing that it is unable to do so.

SECTION 27 – CANCELLATIONS AND ALTERATIONS

Cancellation of an order prior to delivery will only be accepted on the following terms:

Standard products – 5% handling charge.

Special non-standard items not included in (a) above cannot be accepted for cancellation and payment must be made in full. CANCELLATION AFTER DISPATCH CANNOT BE ACCEPTED.

Changes to orders must be confirmed in writing and agreed in writing by the company.

SECTION 28 -RISK IN OWNERSHIP OF GOODS

Risk in the goods shall pass to the buyer on delivery.  

Ownership of the goods shall not pass to the buyer until Goodbody Botanicals Ltd has received in full in cleared funds all sums due to Goodbody Botanicals Ltd in respect of the goods and all other sums which are or may become due to Goodbody Botanicals from the Buyer on any account.  

Until ownership of the goods has passed to the Buyer, the Buyer shall:

Hold the goods on the fiduciary basis as Goodbody Botanicals ltd bailee;

Store the goods separately from all other goods the Buyer or any third party in such a way that they remain identifiable as Goodbody Botanicals property;

Not destroy or deface any identifying mark on the goods or their packaging;

Maintain the goods in satisfactory condition insured with Goodbody Botanicals  interest noted on the policy and hold any proceeds of such insurance on trust for Goodbody Botanicals Ltd and not mix them with any other money.

SECTION 29 – DATA PROTECTION AND CONFIDENTIALITY

Goodbody Botanicals Ltd fully complies with relevant Data Protection Legislation when dealing with customer information. Each party shall safeguard and keep confidential, all confidential information that it may acquire in relation to the business or affairs of the other party. Neither party shall use or disclose the others party’s confidential information except to the extend that such use or disclosure is necessary for the purposes of performing its obligations or exercising its rights under this agreement. Each party shall ensure that its officers and employees and any other persons to whom the confidential information is disclosed comply with the provisions of this clause.

The obligations on a party set out above shall not apply to any information to the extent that such information:

Is publicly available or becomes publicly available other than as a result of the act or omission of that party.

Was at any time developed by the receiving party independently of any disclosure by the disclosing party.

Is required to be disclosed by law or by order of a court of competent jurisdiction or other competent authority.

By signing the Terms & Conditions, the client acknowledges they will be contacted by email and/or post in relation to the management and communication of their account as reasonably relevant.

Emails can be opted out at any time by clicking the unsubscribe link.