Terms & Conditions
- Botanical Health accepts no responsibility for goods ordered and received that conflict with your dietary or health requirements e.g. gluten intolerance, diabetes, high blood pressure, pharmaceutical medications taken by an individual. We have clearly displayed in “Disclaimers – Allergies” what our risks of cross contamination are. It is the responsibility of the customer to ensure that the goods are suitable for their intended use. We reserve the right not to accept back goods that have been purchased in error.
- Customers must check all goods received upon receipt and before signing for it. If this is not possible, then within 48hrs of receipt. If you are unhappy with the quality or freshness, or if there is an insect attack, you must contact us within that 48hrs to discuss the possibility of refund or replacement. Botanical Health reserves the right to refuse to refund or replace goods that aren’t notified to us as unsatisfactory in the 48hrs from receipt.
- Customers are responsible for knowing and understanding the quarantine laws that apply to your state. Botanical Health is not liable for goods ordered and dispatched that are then confiscated or damaged through quarantine inspections.
- Staff at Botanical Health take no responsibility for stock damaged or lost in transit. Our Botanical Health staff will take no responsibility for orders that have been placed where the customers have made by mistake in their order
- Your satisfaction is most important to us. However, we do realize that problems occur. In the event you are not satisfied with an item purchased at our online store, you may return it for a credit of the product cost.
IMPORTANT NOTE TO THOSE WITH FOOD ALLERGIES AND INTOLERANCES
- Due to our current packing facilities we cannot guarantee that our products have not come into contact with, or contain traces of other products that are, or contain allergens such as nuts, soy, dairy, egg, bee products etc… Despite the best cleanliness standards at our packaging site, problems rarely occur but can happen.
Insect attack and mold
- If what you receive from us is being attacked by an insect, please notify us within 48 hours of receipt. We cannot accept responsibility for an insect infestation if not notified within 48hrs of receipt.
- Food & herbs grown & stored without herbicide or pesticide additives is sometimes more prone to infestation attack. Despite the best cleanliness standards at our packaging site, problems rarely occur but can happen. The transport companies and Australia post do not refrigerate goods therefore they could sit in depots over nights or weekends waiting for next stage of delivery.
- We recommend that all product be kept away from direct sunlight and out of damp moist areas.
- This website has been put together with a lot of care and hard work. However, we are human and sometimes make mistakes. We advise that you to thoroughly check LIST OF INGREDIENTS and any FOOD INTOLERANCES and consider any pre -existing HEALTH CONCERNS when you order. Please ensure that you get professional medical advice and do not self- diagnose or self -medicate. Be aware and check of any contraindications of health and medications with herbal product as staff at Botanical Health are not liable if any adverse reactions occur.
- Botanical Health and its staff are not liable for any adverse reactions to any of the products.
- We also welcome feedback on any aspect of our website to make your shopping experience easier.
- Each state and territory within Australia has its own quarantine laws and lists of permissible plant/food items that can be sent across state boundaries. The onus is on you, the customer, to know and understand these laws and only order what you know can be safely imported from one state into yours. Customers from Western Australia in particular should familiarize themselves with these laws and permitted plant lists.
- Quarantine inspectors can and will open boxes that are of concern and will confiscate items that aren’t permissible.
- Goods damaged or confiscated by Quarantine or freight companies inspecting in the presence of quarantine inspectors are not the responsibility of Botanical Health.
Lost or Damaged in Transit
- From time to time articles go missing or get damaged in transit – it is rare but it does happen. Nothing will leave Botanical Health in a damaged condition as the freight companies or postal Centre’s would not accept them.
- Once goods have left here they are the responsibility of the freight/postal company, not Botanical Health, but it is worth making enquiries about possible insurance cover if you are placing a large order as freight companies do have varying clauses etc. within their policies. For example an article could go missing and turn up a week later but have sat around a warehouse causing goods to be heat damaged. The item is delivered in an unsatisfactory condition but who’s responsible?
- Our staff will be happy to assist, wherever possible, in the tracking and resolving of these issues but we are not responsible or liable for errors incurred by freight companies.
- All personal information provided is kept private and confidential for Botanical Health use only.
- It is not the policy of Botanical Health to sell or exchange personal details.
- Your details will be kept solely for the purpose of subscription updates, you will be removed if requested.
Place of Applicable Law
- Our manufactured Organics product is from a registered certified organic Australia distributor. Materials on this site are directed solely at those who access it within Australia. Those accessing this site from other locations are responsible for compliance with local laws if applicable. You and we each submit to the exclusive jurisdiction of the Australian courts in relation to disputes arising out of this Agreement. If any provision of this Agreement shall be unlawful, void for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions. Australian Law shall govern this Agreement.
- Reasonable care has been taken by Botanical Health in the design, layout and content of this site. However, to the extent permitted by applicable law, Botanical Health site disclaims all warranties, express or implied, as to the accuracy of the information contained in any materials within this site.
- Botanical Health staff shall not be liable to any person for any loss or damage, which may arise from the use of any of the information contained within this site.
- We aim to provide the most accurate information on our website, however in the case of typographical errors or information which is not correct, Botanical Health reserves the right to correct the error and any actions leading from it.
Limitation of Liability
- You agree that Botanical Health shall not be liable either in contract, tort, negligence, and statutory duty or otherwise for any:
- Loss of profits, goodwill, revenue or any type of consequential, indirect or special loss or damage whatsoever arising from or in any way connected with this Agreement
- Direct damage or loss, including damage or loss which is reasonably foreseeable or occurs naturally in the course of things, resulting in any acts, omissions, failures or delays occurring to, on or in relation to those parts of the Internet not under Botanical Health direct control, including, without limitation, loss or damage of business, loss of sales, non-payment of monies due, loss of profits, business interruption, loss of reputation, loss of business information, or any other pecuniary loss, even where Botanical Health has been advised of the possibility of such damage or loss.
- You agree that, except in relation to such liability as has been expressly excluded in clause 5. the maximum aggregate of liability of Botanical Health in contract, tort, negligence, statutory duty or otherwise, even where Botanical Health has been advised of the possibility of such damage or loss, for any damage or loss arising from or in any way connected with:
- Any defect in a product
- Any failure by Botanical Health to process signals, data, information, orders or messages correctly or in a timely manner, or any miss routing or non-delivery of signals, data information, messages or orders from you to other persons or from other persons to you, or any scrambling or distortion of data or information contained in them, and any liability not excluded by this Agreement shall, in respect of any one or more events or series of events, connected or unconnected, taking place within any twelve month period be limited in the case of defects falling within clause 5. to the price of the relevant goods. This limit shall also apply in the event that any exclusion or other provision contained within this Agreement is held to be invalid for any reason and Botanical Health becomes liable for damage or loss that could otherwise have been limited.
- You agree and acknowledge that you are in a better position than Botanical Health to foresee and evaluate any potential loss or damage that you may suffer in connection with the goods and services provided by Botanical Health, and therefore that Botanical Health cannot adequately insure in respect of such liability. You warrant to botanical Health that you will insure against, or bear yourself, any loss for which Botanical Health has excluded liability
- Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some limitations set out in clause 5. may not apply to you.
- Nothing in this Agreement shall effect the statutory rights of any customer, exclude or restrict any liability for death or personal injury arising from negligence or fraud of Botanical Health.
- Save to the extent that it falls within the provision of Delivery you shall indemnify Botanical Health and any third party, including its sub-contractors, from and against any liability, losses, rights expenses, loss of profits, business interruption, consequential loss, pecuniary loss, claims or legal proceedings, including, but not limited to claims involving defamation and intellectual property infringement and expenses, including legal charges, arising from your use of the Botanical Health site or purchase of goods/services from that site which are brought or threatened against Botanical Health or suffered or incurred by Botanical Health by another person or entity.
- All pictures, photographs, text, design and layout of the Botanical Health site remain the copyright of Botanical Health. You may print portions of the Botanical Health site for your personal and noncommercial use.
- Use of any content of the Botanical Health site is strictly prohibited without prior written consent of Botanical Health and its staff.
Beyond Reasonable Control
- Botanical Health shall not be held liable for any breach of this Agreement caused by circumstances beyond its control, but not limited to Acts of God, fire, lightening or extremely severe weather conditions, explosions, war, disorder, floods, industrial disputes, whether or not involving our employees, acts or omissions of internet service providers or acts of local or central Government or other competent authorities.