Terms and Conditions

Website Terms and Conditions of Use Relating to www.theherbalhorse.com, www.theherbalpet.com, www.horseandpethealth.com and shop.theherbalhorse.com; The Herbal Horse cc. also trading as The Herbal Pet.

These Terms and Conditions (“the Terms and Conditions”) govern your (“the User”) use of the The Herbal Horse cc (“Provider”) Websites located at the domain names www.theherbalhorse.com, www.theherbalpet.com, www.horseandpethealth.com and shop.theherbalhorse.com (“the Websites”). By accessing and using the Websites, the User agrees to be bound by the Terms and Conditions set out in this legal notice. The User may not access, display, use, download, and/or otherwise copy or distribute Content obtained on the Websites for marketing and other purposes without the consent of the Provider.

Electronic Communications

By using the Websites or communicating with the Provider by electronic means, the user consents and acknowledges that any and all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be in writing.

E-Commerce & Privacy

The Website shop.theherbalhorse.com sells natural equine, feline and canine supplements online. The use of any product bought from this Website is at the purchaser’s risk. The purchaser/user indemnifies and holds the Provider harmless against any loss, injury or damages which may be sustained as a result of using the products sold on the Website.

The private information required for executing the orders placed through the e-commerce facility, namely the User’s personal information, billing information, credit card details, delivery address and telephone numbers will be kept in the strictest confidence by the Provider and not sold or made known to third parties. Only the necessary information, that is the delivery address and contact phone number will be made known to third parties delivering the product or facilitating the payment.

The Provider undertakes that it has taken all reasonable precautions to secure the credit card processing that is carried out to receive payment for goods sold. The Provider cannot be held responsible for security breaches occurring on the User’s electronic device (Personal Computer or other electronic device used to browse the Website), which may result due to the lack of adequate virus protection software or spyware that the User may inadvertently have installed on his/her device.

Cookies

A cookie is a basic text file that is stored on your device (computer, mobile phone, tablet or other) by a Website’s server. Each cookie is unique to your web browser, and contains completely anonymous information such as a unique identifier and the Website’s name. This allows a Website to remember things like your personal preferences, products you prefer or what’s in your shopping basket.

Our Websites use first and third party cookies. This enables us to improve the User’s experience on our Website through various means such as storing preferences (like keeping a User logged in) or determining aggregate usage behaviour (time on site, number of pages viewed etc.) through web analytics tools like Google Analytics.

Most web browsers provide the option to block some or all cookie types should you wish to. Users can also opt out of the Google Display Network using the Ads Preferences Manager. Because many of our Website features utilise cookies, we recommend that Users do not block them.

Delivery policy

Subject to stock availability and receipt of payment, requests will be processed within 3 working days and the South Africa Post Office Counter-to-Counter postal service used.

The Provider will supply all goods to the delivery company in good order and will ensure that goods arrive at the User’s chosen delivery address in the same good order.

Cancelled orders on the e-commerce facility will be refunded after deduction of a 10% charge for administration costs. The Provider reserves the right to cancel an order for which payment has already been received. This may occur if stock is insufficient or the quality of goods ordered does not meet the Provider’s standards. Should the Provider exercise this right, the User will receive a full refund with no deductions.

Any complaints regarding the standard and quality of the product or products bought by consumers through the e-commerce facility should be directed to the Beryl Shuttleworth, P O Box 1073, Walkerville, Gauteng, South Africa 1876, or beryl@theherbalhorse.com.

International Delivery

The Herbal Horse cc is based in South Africa. All countries where the delivery address is outside of South Africa fall under our terms for international delivery.

Delivery usually takes place within  1 to 3 weeks following dispatch, however, seasonal peaks, delays in customs and other factors outside of our control may on occasion cause delivery to take up to or over 8 weeks.

Orders delivered to international addresses will incur a Shipping Cost. The Shipping Cost is displayed when you view your cart before checkout.

Import duties may be payable by recipients of international deliveries. As the customer, you will be responsible for both determining whether any such import duties/levies are payable, and making payment if required. Depending on your country and the products you have ordered import duties may range between 10% and 40% or more.

For international deliveries we currently only accept payment via credit card or PayPal.

The Transaction Currency for International Transactions is either South African Rand (ZAR), United States Dollar (USD), Euro (EUR) or Pound Sterling (GBP) depending on the what is chosen to conclude the transaction.

Depending on import regulations, restrictions and other factors, certain products will unfortunately not be available for delivery in countries outside of South Africa. If a product is not available for delivery in your country, it will be marked as such on the product page. Please make sure you have correctly selected your country of delivery before viewing the availability of products.

For international transactions, if you would like a refund or replacement product, you are required to first request authorization by emailing beryl@theherbalhorse.com.

Returns / Refund Policy

If you are not 100% satisfied with your purchase, you can either return your order for a full refund or exchange it for something else. You can return or exchange your purchase for up to 14 days from the delivery date.

If you have used a product and found it to be damaged or faulty we will collect the product at our expense and replace or refund the item, depending on the circumstance.

Although seldom charged, we reserve the right to charge a 10% administration fee for returned orders should the returns process incur significant administration expenses.

Payment Options

Payment may be made via PayPal, Visa, MasterCard, Diners or American Express credit cards or by bank transfer into the Provider’s bank account, the details of which will be provided during checkout.

Credit card acquiring and security

Credit card transactions will be acquired for the Provider via approved payment gateways. Our payment gateways use the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no credit card details are stored on the Websites.

Customer details separate from card details

Customer details will be stored by the Provider while card details will be stored by approved payment gateways.

Merchant Outlet country and transaction currency

The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction Currency is South African Rand (ZAR), United States Dollar (USD), Euro (EUR) or Pound Sterling (GBP) depending on the Payment Gateway chosen to conclude the transaction.

Responsibility

The Provider takes responsibility for all aspects relating to the transaction including sale of goods and services sold on the Websites, customer service and support, dispute resolution and delivery of goods.

Updating of these Terms and Conditions

The Provider reserves the right to change, modify, add to or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Websites. It is the User’s obligation to periodically check these Terms and Conditions at the Websites for changes or updates. The User’s continued use of the Websites following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.

Copyright and Intellectual Property Rights

The Provider provides certain information on the Websites. Content currently or anticipated to be displayed on the Websites is provided by Provider, its affiliates and/or subsidiary, or any other third party owners of such content, and includes but is not limited to Literary Works, Musical Works, Artistic Works, Sound Recordings, Cinematograph Films, Sound and Television Broadcasts, Program-Carrying Signals, Published Editions and Computer Programs (“the Content”). All such proprietary works, and the compilation of the proprietary works, are copyright the Provider, its affiliates or subsidiary, or any other third party owner of such rights (“the Owners”), and is protected by South African and international copyright laws. The Providers reserve the right to make any changes to the Websites, the Content, or to products and/or services offered through the Websites at any times and without notice. All rights in and to the Content is reserved and retained by the Owners. Except as specified in these Terms and Conditions, the User is not granted a license or any other right including without limitation under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the Content.

Limited License to General Users

The Provider grants to the User, subject to the further terms of these Terms and Conditions, a non-exclusive, non-transferable, limited and revocable right to access, display, use, download and otherwise copy the current and future Content for personal, non-commercial and information purposes only.

This Websites and the Content may not be reproduced, duplicated, copied, resold, visited or otherwise exploited for any commercial purpose without the express prior written consent of Provider. The license does not allow the User to collect product or service listings, descriptions or other information displayed here, and does not allow any derivative use of the Websites or the Content for the benefit of another merchant. The User may not frame nor use framing technologies to enclose the Provider Websites or the Content nor any part thereof without the express written consent of Provider. The Provider and the Owners do not offer products or services to minors. If you are under the age of 18, you may not respond to or otherwise accept or act upon any offers in the Websites.

The Provider and the Owners, their affiliates or subsidiary reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. Any unauthorised use terminates this license.

Limitation of liability

The Websites and all Content on the Websites, including any current or future offer of products or services, are provided on an “as is” basis, and may include inaccuracies or typographical errors. The Owners make no warranty or representation as to the availability, accuracy or completeness of the Content. Neither Provider nor any holding company, affiliate or subsidiary of Provider, shall be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the Content or the Websites or any functionality thereof, or of any linked Websites, even if Provider is expressly advised thereof.

Privacy: casual surfing

The User may visit the Websites without providing any personal information. The Websites servers will in such instances collect the IP address of the User computer, but not the email address or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent at the Websites, pages viewed, etc. The Provider uses this information to determine use of the Websites, and to improve content thereon. Provider assumes no obligation to protect this information, and may copy, distribute or otherwise use such information without limitation. For the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/attachment.php?aa_id=3569

Choice of Law

The Websites are controlled, operated and administered by the Provider from its offices within the Republic of South Africa. Access to the Websites from territories or countries where the content or purchase of the products sold on the Websites is illegal is prohibited. The User may not use this Websites in violation of South African export laws and regulations. If the User accesses this Websites from locations outside of South Africa, that User is responsible for compliance with all local laws. These Terms and Conditions shall be governed by the laws of the Republic of South Africa, and the User consents to the jurisdiction of the South Gauteng High Court in the event of any dispute. If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. These Terms and Conditions constitute the entire agreement between the Provider and the User with regard to the use of the Content and the Websites.

Contact information / Domicilium citandi et executandi

The Websites are run by The Herbal Horse cc based in South Africa trading as the herbal horse and the herbal pet with registration number CK 2000/067454/23 and Director Beryl Shuttleworth.

If you have any questions, queries or wish to request permission to use any part of the Websites, please contact us at:

Physical address:

• The Herbal Horse cc
• 15 Kromhout rd
• Hartzenbergfontein
• Gauteng
• South Africa
• 1876

Postal Address:

• The Herbal Horse cc
• PO Box 1073
• Walkerville
• Gauteng
• South Africa
• 1876

Contact details:

• The Herbal Horse cc
• Email address: beryl@theherbalhorse.com.
• Tel: +27 83 437 1814
• Fax: +27 86 6537 804

A copy of the ECT Act is available at http://www.internet.org.za/ect_act.html