1. General

1.1 We reserve the right to change these terms and conditions at any time. Any such changes will take effect when posted on the website and it is your responsibility to read the terms and conditions on each occasion you use this website and your continued use of the website shall signify your acceptance to be bound by the latest terms and conditions.

1.2 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use this website.

1.3 The products images in this website are for display and reference only. The actual product may have different packages from time to time. The maufacturer of products on this site may change sometimes without advance notice but they normally have the same function and quality. Prices displayed in this website are subject to change accordingly without prior notice.

2. Order process

2.1 Please see the How to Shop section for information on how to place an order. All orders that you place on this website will be subject to acceptance in accordance with these terms and conditions.

2.2 The confirmation stage sets out the final details of your order. Following this, we will send to you an order acknowledgement email detailing the products you have ordered. Please note that this email is not an order confirmation or order acceptance from TCM Herbs.

2.3 Acceptance of your order and the completion of the contract between you and us will take place on despatch to you of the products ordered unless we have notified you that we do not accept your order or you have cancelled it (please refer to Damages and Returns).

2.4 We do not file details of your order for you to subsequently access direct on this website, and therefore, please print out these terms and conditions and the order acknowledgement for your own records. If you wish to obtain specific details of your previous orders please contact us.

3. Delivery

3.1 Delivery charges and estimated timescales are specified in the Delivery Information section and also when you place an order. We make every effort to deliver goods within the estimated timescales, however delays are occasionally inevitable due to unforeseen factors. TCM Herbs shall be under no liability for any delay or failure to deliver the products within estimated timescales.

3.2 Risk of loss and damage of products passes to you on the date when the products are delivered or on the date of first attempted delivery by us.

4. Payment

4.1 We use secured online page to take payment from your card for your order. In the unlikely event that we are unable to supply the goods, we will inform you of this as soon as possible.

4.2 The price you pay is the price displayed on this website at the time we receive your order apart from the following exception: while we try and ensure that all prices on our website are accurate, errors may occur. 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 your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.

4.3 Title to any products you order on this website shall pass to you on delivery of the products provided that we have processed and received payment in full for the products.

5. Damages and Returns

5.1 We offer a 10 day money back guarantee, please refer to Damages and Returns. In the unlikely event that you receive faulty or damaged goods, please refer to our Damages and Returns section.

5.2 All sizes and measurements are approximate but we do try to make sure that they are as accurate as possible.

6. Intellectual Property

6.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available as part of your use of this website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.

6.2 You acknowledge and agree that the material and content contained within this website is made available for your personal non-commercial use only and that you may only download such material and content for the purpose of using this website. You also acknowledge that any other use of the material and content of this website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

7. Liability and Indemnity

7.1 Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under applicable law.

7.2 Subject to Section 7.1 above, TCM Herbs will use reasonable endeavours to verify the accuracy of any information on the site but makes no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the site or that it will be timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website TCM Herbs will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website and TCM Herbs accepts no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the site.

7.3 Subject to Section 7.1 above, other than as expressly provided in these terms and conditions with respect to specific products and except for the exclusive remedies set out at Section 5 above, any indemnities, warranties, terms and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under applicable law.

7.4 Subject to Section 7.1 above, TCM Herbs will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent on negligent misrepresentations) or otherwise out of or in connection with the terms and conditions for any:

economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or

loss of goodwill or reputation; or

special or indirect losses

suffered or incurred by that party arising out of or in connection with the provisions of any matter under these terms and conditions.

7.5 Subject to Section 7.1 TCM Herbs aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the product(s) in respect of one incident or series of incidents attributable to the same clause.

7.6 This clause 7 does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.

7.7 We will take all reasonable precautions to keep the details of your order and payment secured, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.

8. Miscellaneous Provisions

8.1 TCM Herbs shall be under no liability for any delay or failure to deliver products or otherwise perform any obligation as specified in these terms and conditions if the same is wholly or partly caused whether directly or indirectly by circumstances beyond its reasonable control.

8.2 To provide increased value to our customers, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.

8.3 You may not assign or sub-contract any of your rights or obligations under these terms and conditions or any related order for products to any third party unless agreed upon in writing by TCM Herbs.

8.4 If any portion of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these terms and conditions shall not be affected.

8.5 No delay or failure by TCM Herbs to exercise any powers, rights or remedies under these terms and conditions will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorised representative of TCM Herbs.

8.6 These terms and conditions including the documents or other sources referred to in these terms and conditions supersede all prior representations understandings and agreements between you and TCM Herbs relating to the use of this website (including the order of products) and sets forth the entire agreement and understanding between you and TCM Herbs for your use of this website.

The TCM Herbs website is operated by TCM Herbs.

We recommend you print out a copy of these terms and conditions for your future reference. If you have any questions regarding the TCM Herbs website please see the Customer Services section for more information and full contact details.