Terms and Conditions of Sale on the HerbsJar Platform
Update Application of the General Terms of Sale Last Updated: 25/09/2019
Customer Service: Monday – Friday: 9:00 - 18:00
Telephone No.: +35724000211
TERMS “Customer”: Every user that visits and purchases products from HerbsJar “Vendor”: Every supplier who has products on HerbsJar
1. Application of the General Terms of Sale
Acceptance of the General Terms of Sale implies that they apply in their entirety. They apply to any order placed on the www.HerbsJar.com site. The General Terms of Sale constitute the contract between the company HerbsJar Ltd and the Customer. In addition, they constitute the contract between the company HerbsJar Ltd and the Vendor. The Customer and the Vendor cannot dispute or contradict the content as a whole, and of which will be binding for HerbsJar Ltd.
These general terms of sale may be amended. However, for every Customer order, the terms and conditions on the date the order was placed on the site apply. Changes to the terms of sale are binding for the users of the site after they have been posted online, and do not apply to past transactions.
Every User and Vendor of the site is obligated to respect the General Terms of Sale.
HerbsJar recommends products that are sold and shipped by the Vendors: "Vendors’ Products". These General Terms and Conditions do not apply to the Vendors’ pricing, payment methods, and payment controls, loyalty points and gift vouchers, delivery methods, product return policies. Each Vendor has his/her own terms. Each Customer is requested to be aware of the Vendor’s terms (shipping, return policy), for selecting the “Vendor’s Product” size and colour, and placing an order: payment method, delivery method, and shipping address.
- HerbsJar reserves the right to reject any application submitted by a Vendor.
- HerbsJar reserves the right to remove any Vendor that does not comply with the Terms of Sale.
2. Validity of Offers
The products displayed on the site are available until stocks are exhausted.
HerbsJar undertakes to notify the Customer by email that he/she has placed an order for a product that is not available. In the event of a credit or proof of order document of an unavailable product, HerbsJar undertakes to offer a replacement product or a refund to the Customer within 15 days. The order will automatically be cancelled.
3. Presentation of Products
The products available for sale are described and presented in the most detailed possible way. The Customer undertakes to be informed of the description of each product in order to be aware of its features, specifications and essential characteristics. The Customer undertakes to be informed of these prior to placing the order. The choice and purchase of a product is the sole responsibility of the Customer.
However, if any change occurs with respect to the presentation of the product, HerbsJar bears no responsibility. The responsibility lies solely with the Vendors.
Each Customer is requested to inform HerbsJar of any errors in the product characteristics.
The Vendor will be trained by HerbsJar on how to update his/her products in batches, in order to keep the procedure as simple as possible. He/she will have access to his/her own eshop within HerbsJar. He/she will be able to manage his/her own products, to provide discounts, shipping costs, etc.
4. Creating an Account
The Customer must create a Customer Account before making his first order. He/she will need to complete the registration form, including the following information: email address, surname, name, gender, date of birth, full delivery address, telephone number. At this point, the Customer creates the password for his/her account, which is personal and can only be used by him/herself. Disclosure of the password to third parties should be avoided.
The Customer is obligated to provide complete and accurate information. Any misrepresentation or declaration of false identity can lead to account closure and prosecution. Multiple entries, use of the account by other persons, or other fraudulent actions may lead to the account being disabled.
The Customer acknowledges that he/she is in a position to commit to, and proceed to purchase products offered on the HerbsJar Website.
HerbsJar refuses any sale to minors under the age of 16 without the necessary parental consent, which in this case will be repeatedly requested.
5. Product Pricing
Prices are given in Euro including all taxes for the country of dispatch, except for shipping costs. If there is a change in the VAT rate, the change will be included in the price of the products without first notifying the Customer. The Vendors reserve the right to change the prices at any time, but the products are invoiced at the price in force at the time of ordering.
The prices are calculated on the basis of any discounts offered by the Vendors. These prices are fixed and are not subject to revision during their validity period, as stated on the HerbsJar site. This does not include processing, executing, shipping and delivery costs which will be charged extra, as is specified on the site. The payment requested from the Customer relates to the total amount of the order, including the said costs.
With regards to the Vendors’ products, the Customer must consult the Vendors’ general terms of sale regarding pricing, shipping costs and delivery.
The receipt of payment is issued by HerbsJar. You can download your receipt from the site where the order was placed.
Note: The prices of products that will be offered by HerbsJar’s Vendors must not be cheaper or more competitive than the prices offered by other Vendors. In the case of discounts and any other offers, there must be the same corresponding price.
6. Orders and Secure Payments
The Customer validates his order, as stated below. This validation implies acceptance of the General Terms of Sale of HerbsJar and its Vendor(s). The Customer who is interested in buying a product on the HerbsJar website follows the below procedure to complete his order.
- Choose the size and colour.
- The Customer checks the order information (colour, quantity, size, price, etc.) of the product in the shopping cart, and has the ability to change, add or delete certain products.
- Upon his/her first order, he/she completes the ‘create an account form’ with a password.
- If the Customer is purchasing a product that is on special offer (with the exception of Vendor products), he /she must first enter the code that has been sent to the specific field for this purpose.
- The Customer selects the payment method, delivery method, delivery address.
- After confirmation of payment, the Customer confirms the order definitively and irrevocably with the results listed below the order. Each validated order entails a payment obligation.
- An order confirmation email is sent with the final amount of the order upon receipt (which is not a deposit). The products are registered for 7 days.
Each validated order entails a payment obligation.
The transfer of ownership of the products sold by HerbsJar and its Vendors, to the benefit of the Customer, will only take place after full and proper payment by the latter, irrespective of the date of delivery of the products. The retention clause of ownership does not include the risk of loss or damage of the goods that will be at the expense of the Customer from delivery to his home.
The Customer is obligated to verify the order's accuracy and to report any errors immediately.
- Cash on delivery
The Customer may pay for orders by cash on delivery under the responsibility of the Vendor respectively, with no right of withdrawal, which is not refundable if the Customer wishes to return the product. Payment must be paid in cash.
- Payment by bank card
The Customer enters his bank card number as well as its expiration date and security code (CVV). Finally, he validates his order by pressing the "Confirm" button. In order to secure the payment, in some cases, the payment is confirmed only after the initiation of a 3D-Secure code provided by the bank. By ticking the Remember field, the Customer agrees that his bank card number relates to the expiration date and the details are stored for future purchases.
Every PayPal account holder makes a direct payment from their PayPal account, simply by indicating their PayPal email address and password.
In this way, the Customer's financial information is never disclosed to HerbsJar. PayPal encrypts and protects your card number once and for all.
iii. Payment errors
HerbsJar reserves the right to refuse to deliver or to execute a Customer’s order if he/she has not paid all or part of the payment for a previous order or is at risk of fraud.
Any decline of a bank card, any refusal of payment, or refusal to pay by cash on delivery, or any abusive action with PayPal, may result in a HerbsJar ratification process. For all non-payments of orders, HerbsJar will apply penalties and, in addition, will set the collection costs.
iv. Confirmation of payment
HerbsJar controls all orders placed on its site. This control is intended to protect HerbsJar from abusive actions: identity theft, payment fraud. HerbsJar Customer Services may request the Customer to provide all the necessary supporting documents to unblock the order: a photocopy of the Customer’s ID or passport, copy of a utility bill, etc.
It the requested information is not sent within 7 days, the order will be automatically cancelled.
In the case that false documents are presented, this will also result in the cancellation of the order.
Regarding orders for Vendor products, the Vendors have their own requirements, for which HerbsJar cannot be held responsible.
v. Payment security
To ensure payment security, HerbsJar uses a secure payment service. This service integrates the SSL security standard. Sensitive data (bank card number up to 16 digits, expiry date, and CVV security code) is confidential data that is transmitted directly to the bank server without going through the physical means of the HerbsJar servers. The payment system provides an electronic certificate that will be proof of the amount and the date of the transaction.
7. Shipment of products
The Customer should consult the General Terms of Sale of the Vendor regarding the shipping policy.
Delivery time is always measured in business days and from the day the order is shipped (Saturdays, Sundays and public holidays are not taken into account when calculating delivery time). In the event of an emergency or unforeseeable circumstance (force majeure) that would delay delivery, HerbsJar shall not be held responsible.
All products purchased from the HerbsJar site can be returned if the Customer does not want to keep a product for lawful reasons: the product is not liked, it is not the right size, it is not the expected color, etc.
Vendor products should only be returned (the specific conditions for each Vendor can be found in the product file).
To be eligible, returns must meet the following conditions:
- The product(s) must not be worn outdoors.
- The product(s) must be in excellent condition.
- The product(s) returned must correspond to the product(s) delivered.
- The product(s) must be returned in their box, without this being damaged, the package in which the product is to be placed must be properly sealed
-The product(s) must be returned within 30 days of receiving the order.
- Empty packaging is the reason for the refusal of exchange or refund.
- Follow the return procedure below.
Any Customer may exercise the right to refuse acceptance, in accordance with the European Directive 2011/83/EU for all products purchased on the HerbsJar website. This must be done within 14 days of receipt of the order by him/herself or by third parties acting on his order.
The following completed form must, without question, be sent by e-mail or courier within this time frame:
For the attention of HerbsJar,
I hereby notify you of my withdrawal from the contract for the sale of the following:
The number of products:
The order was made on .................. and was received on ..................
Address of the consumer:
Completed on ..................
Signature (if written on paper)
The Customer can then return all of the order’s products in excellent condition, in their original packaging (a check will be made), including shipping costs (excluding the additional costs incurred, if the Customer has chosen and deemed necessary, a different kind of delivery other than the specific delivery method offered by HerbsJar). Return costs are borne by the Customer. The return must be made without undue delay, at the latest 14 days from the receipt of the withdrawal form.
For Vendors’ products, each Vendor's requirements can be found on the product page.
i. The returns procedure is as follows:
Step 1: Customer account
- Sign in to your HerbsJar account using your email address and password and go to the “My Returns” section to complete the return request form.
Step 2: Return label
- If the return is free and is offered by HerbsJar: you will receive an email with a link that allows you to print the return label.
- If the return is at the Customer’s expense: you will receive an email with the return address to which you must send the product.
Step 3: Delivery of the package to the courier
- The Customer delivers the parcel to the courier selected in the case of free return.
- The Customer delivers the parcel to the courier of his choice in the case of return at his own expense.
- Keep the proof of delivery of the package to the courier for any subsequent dispute.
- The refund is processed within 7 to 10 business days.
ii. Procedures for parcels failed to be delivered by the shipping service:
- Returns for parcels marked: "UNKNOWN RECIPIENT":
In cases for which parcels are returned because the shipping service did not find the recipient at the address indicated. Upon receipt and acceptance of the parcel from our services, HerbsJar will contact the Customer, and according to the Customer's choice, will resend the order, assuming the product is still available, or issue a refund for the order, assuming the payment has been made.
HerbsJar reserves the right to issue a refund and not to re-dispatch the order, in the case of repeated returns marked "UNKNOWN RECIPIENT ".
- Returns for parcels marked "NOT CLAIMED":
In cases for which parcels were not claimed by the recipients within the given deadline, nor did they respond to the shipping service’s efforts to deliver the package. Upon receipt and acceptance of the parcel from our services, HerbsJar will contact the Customer, and according to the Customer's choice, will resend the order, assuming the product is still available, or issue a refund for the order, assuming the payment has been made.
HerbsJar reserves the right to issue a refund and not to re-dispatch the order, in the case of repeated returns marked "NOT CLAIMED".
- Returns for parcels marked "REJECTED":
In cases for parcels that the Customer refused to receive. Upon receipt and acceptance of the package by HerbsJar, a voucher will be credited to the Customer’s account within 72 hours of receiving the package. The Customer can request a cancellation of his/her voucher and request a refund directly from the HerbsJar “CUSTOMER SERVICE”.
In cases for returns of parcels marked with "UNKNOWN RECIPIENT", "NOT CLAIMED" or "REJECTED", HerbsJar does not guarantee the reservation of the ordered products and may proceed with a refund of the order if the product(s) is/are not available. For Vendor’s products, only refunds apply.
All information on the HerbsJar website, whether audio or video, including the underlying technology, is protected by copyright, trademark or patent law.
They are the sole property of HerbsJar.
Any hyperlink that links to the HerbsJar website, especially using framing, deep-linking, in-line linking or any other deep linking technique, is expressly prohibited under any circumstances. In all circumstances, any link, even if implicitly permitted, must be removed at the sole request of HerbsJar.
10. Nominal data
i. Collection of personal data:
When a Customer creates a Customer and Order Account on the HerbsJar website, HerbsJar collects personal data. All data collected is sufficient, relevant and limited to what is necessary for processing purposes.
The term "personal data" refers to all data that allows for the identification of a person, which corresponds to the surname, name, telephone number, date of birth, email, postal address and IP address, and all information that the user chooses to provide to HerbsJar and that are related to him.
To combat the abusive action described below, HerbsJar may retain for limited-time information about transactions made on the site, including a portion of the telephone number and the expiry date of the bank card used in the transaction.
ii. Purpose of the collection of personal data:
Personal information is collected only for specified, clear and legitimate purposes, to serve one of the following purposes:
- For the management of orders on the site.
- For the creation of commercial statistics, the conduct of market surveys and purchasing behaviour.
- For downloading and managing files, which includes mainly technical processes such as standardization, enrichment, and copying.
- For the implementation of procedures relating to the management of Customers.
- Customers' choice of surveys and promotions.
- For sending invitations and promotional messages on behalf of HerbsJar. The Customer may at any time unsubscribe from these offers by clicking on the link created for this purpose at the bottom of such emails.
- For compliance with our legal obligations.
- For combating abusive actions.
iii. Recipients of personal data collection:
Only the company and the companies that have entered into a contract with the company for processing your orders have access to the information you give us. The categories of employees who will have access to your personal data within HerbsJar, and within their responsibilities, are the commercial, administrative, technical departments and audit services (auditor, internal audit services, etc.)
Potential recipients of your personal data are public bodies, solely for the purpose of carrying out our legal obligations, judicial officers, ministerial legal officers, and debt collection companies.
All necessary precautionary measures have been taken to safeguard personal data and in particular to prevent irregularities, damage or unauthorized access by third parties.
Only our company and our collaborators have access to the information you provide to us for the processing your order. The categories of persons who have access to your personal data at HerbsJar fall within the scope of their respective responsibilities, the commercial, administrative, technical and auditing services (auditor, internal auditor, etc.). Recipients of your personal information can also be public bodies, solely for the purpose of carrying out our legal obligations, bailiffs, judicial officers, and debt collection agencies. HerbsJar reserves the right to commercially transfer the data collected on its site if you have given your prior consent by selecting the box "I would like to receive offers from HerbsJar Vendors". You can withdraw your consent at any time by unticking the same box. Any procedure based on the consent given before this withdrawal is considered as legal. HerbsJar may then be required to transfer the data to companies abroad. It undertakes to disclose this data only to other companies that have the same level of data protection as France and the European Community.
- Storage of personal data
The data we collect is stored after the last transaction made on the website until the day you close your Customer account. Some of your banking information, such as your card numbers and expiration dates, will be kept for a period of 13 months in order to avoid online surveillance.
The encryption is automatically deleted after each successfully completed transaction. Within the Premium service you can consent to keep your bank details and expiration dates for a period of 13 months, counting from the last transaction you make on the site or from the last update of your Customer Account that you have on our site. This consent is registered as soon as you click ''Remember''. You can remove this consent by clicking again on the same box. In the absence of any transaction or update of your Customer Account for 5 years, your related data will be automatically deleted.
HerbsJar measures the number of pages you visit as well as the number of visits to the site and the frequency of visits, by using ‘cookies’ technology.
A cookie allows the Customer to be identified. It stores information related to navigation of the Customer's computer on the HerbsJar site (the pages you visited, the day and time of the visit, etc.) and which can be read by HerbsJar during your next visits.
The data collected from cookies is for internal purposes only and is not disclosed to third parties.
Some cookies called "advertising cookies" allow us to track your browsing and record the products you saw. Then, within a maximum of 90 days, we will present you with advertising related or not related to the content of the previous browsing. Cookies are linked to the Customer's profile (no authentication required). Your explicit consent is also required in the same manner as indicated above.
If you no longer wish to receive these "advertising cookies", click on the link: “Disabling advertising cookies on my profile”.
12. Right of access and conversion
When the Customer provides personal data, he/she expressly consent to the collection and use of personal data.
According to EU Law 2016/679, the Customer has the right to access, correction, verification, restriction and sometimes objection related to personal data, rights which he may exercise by email.
For legal reasons, the Customer may object to the processing of data concerning him or may restrict the processing of such data.
The Customer may, if necessary, file a complaint with a supervisory authority.
The Customer, on his part, undertakes to abide by the consent given to HerbsJar to collect and use personal data, not to disclose the data and to store it for personal use. The company HerbsJar reserves the right to refuse to disclose the data to the Customer following the Customer's request for deletion.
Each competition has its own rules set out on the site. The competitions organised by the Vendors are free and participation can be declared without any obligation to purchase. All residents of the country in which the competition will take place have the right to participate, and will have read and accepted the rules of the competition. The winners of the competitions are notified by email. They will receive their prize in the form of a HerbsJar discount coupon or gift voucher. The methods of distribution and the duration of the prizes is stated in the regulations.
HerbsJar reserves the right to suspend, postpone or cancel a Competition and is not responsible for any problems that may arise during its conduct.
Objections, refunds and other terms are specified in the rules of the Competition. Any misuse or attempted misuse with the intent of unjustifiably obtaining a gift can result in criminal prosecution.
For Greece and Cyprus, the legal compliance guarantee is valid for the receipt of the product for a period of two years, within a reasonable time from its discovery of non-compliance for Greece, within 2 months of its discovery of non-compliance for Cyprus.
For both of these countries, HerbsJar must provide proof of non-compliance within the first 6 months, then the Customer must provide proof of non-compliance within 18 months.
The guarantee of compliance does not apply in the case of changes to the product, in the event of normal wear and tear, misuse of the product, non-compliance with the product maintenance rules and for damage caused by the transport or storage of the product.