Terms and Conditions

TERMS AND CONDITIONS FOR THE SUPPLY OF PRODUCTS AND SERVICES

These Terms and Conditions are the standard terms of engagement for the supply of Products and Services provided by Victoria Wright t/as The Living Herb.

Please read these terms and conditions carefully and make sure that you understand them before booking a consultation or purchasing any online product. You should understand that you agree to be bound by these terms and conditions by ordering any of our Goods or Services.

You should print a copy of these terms and conditions for future reference.

Definitions and Interpretation

In these Terms & Conditions, the following definitions apply:

“Agreement”

means the Agreement between us, which includes these Terms and information provided on your Intake Form.

"Fees"

means the price payable for our Products and Services

“Intake Form”

means the document we ask you to complete to enable us to provide the services to you.

“Parties”

means both The Living Herb and you and Party shall refer to either one.

“Products”

means the medicines provided by us following a consultation

“Services”

means the services detailed on our website or in any booking confirmation provided by us.

“we/us/our”

means The Living Herb (also includes our employees, agents, representatives, and 3rd party suppliers)

“Website”

means https://www.thelivingherb.com/

“Writing”

includes electronic mail and comparable means of communication.

“you/your”

means the client, the person (including their employees, agents or assigns) who purchases or receives the service(s) from us.

The interpretation of these Terms and Conditions is not affected by the headings, which are included solely for convenience.

Words referring to the singular form shall also encompass the plural form and vice versa.

The Agreement

You should read and accept these terms and conditions before your purchase. You acknowledge that by purchasing any of our Services, you agree to be bound by these terms and conditions.

These Terms & Conditions constitute the entire contract between the Parties.

Before we can begin providing any Goods or Services, we need you to complete our Intake Form. If this form is not returned, we will be happy to help you complete it at the initial consultation appointment.

The parties agree to do everything necessary to ensure that the terms of this Agreement take effect.

Previous dealings between the Parties shall not vary or replace these terms or be deemed in any circumstances whatsoever to do so. These Terms & Conditions apply to the Agreement to the exclusion of any other terms you seek to impose or incorporate or which are implied by trade, custom, practice, or course of dealing.

Specific terms and conditions detailed in any booking confirmation will prevail over these conditions in the event of any conflict. Subject to this, no variation to these terms will be binding unless signed by us.

Any amendment or modification of this contract or additional obligation assumed by either party in connection with this contract will only be binding if evidenced in writing, signed by each party or an authorised representative of each party.

Agreement Term & Pausing

Unless otherwise agreed in writing, this Agreement is for a fixed period of three (3) months (“Term”).

You will be invited to sign up for a further Term at the final consultation for this period. If you choose not to, this Agreement will end, and any future engagement will constitute a new contract.

We understand that situations may change unexpectedly. Therefore, we offer the option to temporarily suspend this Agreement for a maximum of three (3) months. However, if the Agreement remains on pause beyond this timeframe, it will be considered terminated, and any outstanding fees will be due immediately.

Our Services

Services specific to this Agreement will be outlined in the booking confirmation that accompanies these terms and conditions.

We will provide you with the Services with the degree of skill, care and expertise you can reasonably expect from a Medical Herbalist.

We will perform the Services using our own staff. However, we reserve the right to subcontract the whole or part of the Services and, where necessary, will inform you of the same for compliance with Data Protection Regulations.

In some circumstances, we may feel it is necessary to refer you to your GP or other medical professional.

We require a parent or guardian to be present during a consultation with a minor.

Risk and title in Products

Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.

Ownership of the Products or Events cannot be shared or bought as a consortium or group. Purchases are on an individual basis and a login relates to the purchaser only. In the event that we receive evidence of logins being shared or products being purchased on a group basis, with a view to sharing logins we will cancel all access to all products with immediate effect for the individuals concerned, with NO refund.

Fees and Payment

The booking confirmation accompanying these terms and conditions will outline Fees and payment dates specific to this Agreement.

The Fees for packages include 13 weeks of medication. If additional medication is deemed necessary, further fees will apply.

For payment, we require that all transactions be made online through the use of either a debit or credit card or Bank Transfer.

If you have opted to use one of our payment plans, we will automatically request monthly payments from the card details you provided.

To ensure a smooth ordering process, please take extra care when entering your details. It is important that the information you provide is accurate and complete. Additionally, please confirm that the credit or debit card information you provide is yours and that you have enough funds to cover the payment.

We safeguard the security and protection of your order and payment information to the best of our ability. However, we cannot be held responsible for any loss you may experience due to unauthorised access by a third party unless it is a result of our negligence.

All invoices are payable on presentation.

Please submit any queries about your invoice within seven (7) days of receiving it. Keep in mind that you still need to pay the undisputed portion of the invoice by the original deadline while we work on resolving any concerns you may have.

The Fees as stated in the Agreement do not include Value Added Tax (“VAT”). All prices are in British Pounds, Sterling.

Online programmes

The price of the Events, Products and our delivery charges will be as quoted on our site from time to time, except in cases of obvious error.

Prices stated on our site include VAT.

Event prices, Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.

It is always possible that, despite our best efforts, some of the Products and/or Events listed on our site may be incorrectly priced. We will normally verify prices as part of our Order Confirmation procedures. If the correct price of a Product or Event is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions or reject your order and notify you of such rejection.

We are under no obligation to provide any Product or Event to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an error.

Consequences of Late Payment

If payment of an invoice or any part thereof is not made by the due date:

Services may be temporarily suspended, and any scheduled appointments may be cancelled until the outstanding balance is paid. Please note that this suspension will not count towards the previously agreed upon contractual time limits for the completion of services.

We reserve the right to charge interest at 10% per annum on the unpaid amount starting from seven (7) days after the invoice date until paid, whether before or after any court judgement. Such interest shall accrue daily and be compounded quarterly.

We may apply a charge of £10 (to cover administrative expenses and not as a penalty) per reminder for overdue payment submitted to you. We shall be entitled to submit such reminders on a weekly basis once the fees have become overdue.

We will charge you the costs of recovery of any outstanding amount, including legal costs and disbursements.

If payment is significantly delayed, we may terminate the contract with immediate effect.

Customer Obligations and Indemnity

To ensure the best outcome, we prepare personalised medications based on the information provided in your Intake Form and initial consultation. It is crucial that you are open and honest with your answers as the effectiveness of your treatment depends on it.

To ensure your safety and the effectiveness of your treatment, please be mindful that it is your responsibility to inform us of any current or future health conditions or changes that may impact your ability to receive treatment.

By accepting the medication, you also agree to comply with our reasonable instructions for its administration.

If you fail to fulfil your responsibilities or cause delays, we won't be able to provide the Services. This is known as Customer Default.

In the event of a Customer Default, we reserve the right to suspend Services until the issue is resolved. The Customer Default may also excuse us from fulfilling certain obligations if it prevents or delays our performance. This is in addition to any other rights or remedies we may have.

We cannot be held responsible for any expenses or damages that you may suffer due to our inability or delay in fulfilling our obligations because of a Customer Default.

In the event of a Customer Default, we reserve the right to request written reimbursement for any costs or losses incurred by us, whether direct or indirect.

Arrivals Policy

The time allotted for your appointment is fixed; therefore, late arrivals will reduce consultation time.

If your appointment is online, please contact us for any connection issues.

Allergic Reactions and Side Effects

Although we work hard to avoid it, we cannot promise that every user of our Products will not have an allergic reaction. To keep you safe, please talk to your doctor if you have any concerns about your medical condition. If you have a medical emergency, please call your doctor or the emergency phone line right away.

Should you experience an allergic reaction or any side effects, please contact us to see if there is an alternative treatment option. Please be advised that as all medicine is made up for each individual customer and cannot be repurposed or resold, any alternative medicine will incur an additional charge.

Return Of Unused Medications/Herbal Formulations

We are happy to accept unused medications/ herbal formulations back into the practice for disposal only. However, no refund can be given as medications/herbal preparations that have left the premises are no longer fit for resale.  Medications/herbal preparations purchased from any other supplier will not be accepted for disposal.

Right to Cancel and Refunds

For our consultation services, you have the option to change your mind within a 14-day cooling-off period. This means that you can cancel the agreement up to 14 calendar days starting the day after you made your booking. We value your satisfaction and want to ensure that you have the flexibility to make informed decisions.

You should send your cancellation notice to us in writing via post or email; notice of cancellation is deemed to be served the day after it is posted/sent.

If you have asked us to start the services within this cancellation period, you will be required to pay reasonable costs for services received up to the date of your notice of cancellation.

Any refunds due will be made to you within 14 days of receiving your notice of cancellation.

IMPORTANT: As any medicines prescribed are made specifically for you, they are classed as bespoke goods; therefore, the cooling-off period does not apply to them. This means we cannot accept returns as there is no way of ensuring the integrity of the medication. However, we will offer a full refund or exchange of goods in the following circumstances:

Although we make every effort to ensure that your order reaches you in good condition, if you are dissatisfied with the condition of your package when it arrives, then you should notify us within two working days of receipt, explaining the nature of the problem. Your complaint may be by way of letter, e-mail or telephone. We will offer to replace the damaged item or issue a full refund immediately upon receipt of the returned goods.

If your item does not arrive and cannot be traced by Royal Mail, we will dispatch a replacement item immediately by Royal Mail Special Delivery at no extra charge.

Digital products do not fall within the ‘cooling off’ 7 day period required under UK Law. If you change your mind after purchase, you are not entitled to a refund. We look at all cases on an individual basis – please email [email protected] and we will reply to you within 48 working hours.

Termination

Should either Party breach a material provision under this Agreement, the non-defaulting Party may terminate this Agreement immediately and require the defaulting Party to indemnify the non-defaulting Party against all reasonable damages.

We reserve the right to terminate the Agreement with immediate effect in the event of any of the following:

You become insolvent or enter some form of insolvency arrangement.

You (being an individual) die or, because of illness or incapacity (whether mental or physical), are incapable of managing your affairs or become a patient under any mental health legislation.

We reserve the right to terminate this Agreement by written notice if you fail to pay any amount due on its due date. This termination is in addition to any other rights or remedies we may have.

All notices of termination of the Agreement should be submitted to the other Party in Writing.

Consequences of Termination

On termination of the Agreement for any reason:

You must make payment promptly for all outstanding fees and interest owed to us. Additionally, for any Goods and Services provided without an invoice, we will be sending an invoice that must be paid upon receipt.

The accrued rights and remedies of the parties as at termination shall not be affected, including the right to claim damages in respect of any breach of the Agreement which existed at or before the date of termination or expiry; and

Clauses that expressly or implicitly have effect after termination shall continue in full force and effect.

Events Outside of Our Control (Force Majeure)

We cannot be held responsible for any delays or inability to fulfil our obligations in the event of circumstances beyond our control. These circumstances include, but are not limited to, natural disasters, power outages, internet provider failures, labour disputes, war, terrorism, government intervention, epidemics or pandemics, and other unforeseeable events.

In the event of a Force Majeure Event, our performance under any Agreement will be suspended. We will be granted an extension of time for performance during this period. We are committed to actively seeking a solution to ensure that our obligations under the Agreement can be fulfilled despite the Force Majeure Event. We will make every effort to bring the situation to a close promptly.

Limitation of Liability

We have taken all reasonable steps to prevent internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the improbable event of a breach in our secure computer servers or those of third parties.

Nothing in these terms and conditions will:

limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable.

limit or exclude our or your liability for fraud or fraudulent misrepresentation, or

limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.

To the maximum extent permitted by law, we accept no liability for any of the following:

any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill, or commercial opportunities.

loss or corruption of any data, database, or software.

any special, indirect, or consequential loss or damage.

Individuals hold the responsibility for their health and well-being. Our advice and treatments are complementary, and not meant to replace conventional medical opinion or treatment. We provide a diagnosis from a Medical Herbalist's perspective and our treatments aim to bring about positive changes that support the healing process of the body. Few contraindications exist for our treatments, and we need you to inform us of your medical history, current medication, and report any changes at subsequent sessions. It is important to consult with your medical practitioner if you have any doubts about the interactions of any treatment with any pre-existing conditions.

We carry full medical insurance.

You assume sole responsibility for the selection, suitability and use of any Events.

Expected Outcomes

While we believe that following our treatment programmes will lead to desired results for most people, we cannot guarantee that our medicines will be 100% effective in every case.

Confidentiality

We recognise that anything you share during a consultation is regarded as confidential. We undertake not to, at any time, either directly or indirectly, use or disclose any information you share with us during a consultation. 

Nothing shall prevent us from making any disclosure of information as required by law or by any competent authority.

We have an obligation to inform the appropriate authorities if it’s deemed that you are intending to harm either yourself or a third party or in other extreme circumstances.

We shall, on your request, return all copies and records of any confidential information disclosed by you to us and will not retain any copies or records of the confidential information so disclosed unless we are required to do so by law.

We may use case studies to promote our Services from time to time. Unless you have given us express permission to use your name, these will always be anonymised.

The undertakings in this section shall continue in full force for three years from the date of completion of the Services.

Data Protection

‘‘Data Protection Legislation” refers to The Data Protection Act 2018 and any secondary legislation in England and Wales relating to the processing of Personal Data and the privacy of electronic communications, as amended, replaced, or updated from time to time.

All personal information that we may collect (including, but not limited to, your name, postal address, email address, and telephone number) will be collected, used, and held according to the provisions of Data Protection Legislation as defined above.

Our privacy policy defines how we collect, use, and store your personal information.

We will not pass on your personal information to any other third parties for marketing purposes without obtaining your express consent. 

Complaints, Communication and Contact Details

We strive to provide excellent service to all our customers. If you are not satisfied in any way, please get in touch with us as soon as possible. We would appreciate every opportunity to resolve any dispute amicably.

Please get in touch with us by email at [email protected]

Intellectual Property

All intellectual property rights (including but not limited to copyright) in all Products, Events and Event materials at all times belong to and shall remain vested in us and neither you nor any other person shall obtain any intellectual property rights or any other interest, right or title whatsoever in or to any Product or any Event materials or any part thereof save as otherwise expressly granted under these terms of supply.

If you purchase an Event for which we provide you Event materials, we hereby grant you a non-transferable, non-exclusive licence to use those materials strictly for the purpose of participating in the relevant Event and for your own educational, non-commercial purposes.

You shall ensure that such course materials are only made available to and accessed by you in accordance with above and you must not make available, copy, reproduce, disseminate, retransmit, sub-license, distribute, sell, publish, broadcast or otherwise supply in any medium and in any manner any such materials (or any part of them) to any third party.

Import duty

If you order Products from us they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.

Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.

Other Important Terms

This Agreement represents the entire Agreement between the parties regarding the supply of Products and Services. It shall prevail over any conditions contained or referred to in any of your documents.

In the event that any portion of this Agreement is deemed invalid or unenforceable by a court with appropriate jurisdiction, that specific portion will be removed from the Agreement while the remainder will remain valid and binding.

Our right to enforce these terms and conditions is not waived if we fail to enforce them at any time or for any period.

We may transfer or subcontract our rights and obligations under these terms to another person or organisation, but this will not affect your rights or our obligations under these terms.

You may not assign this Agreement or any rights or obligations under it without our prior written consent.

A person who is not a party to the Agreement shall have no rights under the Agreement according to the Contracts (Rights of Third Parties) Act 1999.

These terms shall remain in force until altered in writing and signed by both parties.

Governing Law and Jurisdiction

This Agreement shall be governed and interpreted by the law of England and Wales. Any disputes arising from this Agreement, including non-contractual disputes or claims, will be exclusively handled by the courts of England and Wales.