Terms & Conditions
The Happy Herb Co website and related services are made available to you in accordance with the following Terms & Conditions of Use and Service. Please read our Terms & Conditions carefully before placing orders on www.happyherbshop.com.au.
Happy Herb Co operates in Australia, ABN 32039514026. Our registered address is 3/1466 Kyogle Rd, Uki, NSW 2484. You can contact us via email at email@example.com.
ELIGIBILITY TO PURCHASE
In order to make purchases on our website you will be required to provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the Billing information provided.
All orders are subject to acceptance and availability and items in your shopping basket are not reserved and may be purchased by other customers. We offer products for sale that are in stock and available for dispatch from our warehouse. If you have registered your email address for notification of the arrival of a specific product featured on our website, we will attempt to notify you by email within 48 hours of the product becoming available. Please be aware that on occasion certain products that are in particularly high demand will sell out during this period. We will store a record of your transactions for a minimum of one year.
ACCEPTANCE OF YOUR ORDER
Once your order has been placed, you will receive an email acknowledging the details of your order. This email is not an acceptance of your order, just a confirmation that we have received it. Unless you cancel your order, acceptance of your order and completion of the contract between you and Happy Herb Co will be completed when we email you to confirm the goods have been despatched.
We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within the Terms & Conditions.
We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the website whether or not that merchandise has been sold, removing, screening or editing any materials or content on the site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
Payment can be made by Visa, MasterCard, Visa Debit, AMEX, or PayPal. Payment will be debited and cleared from your account upon processing of your order. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to us, we will not be liable for any delay or non-delivery. We take reasonable care to make our site secure.
Promotion codes are non-transferable and there is no cash alternative. They cannot be used in conjunction with any other promotion code or offers, and must be redeemed by the date published, if provided.
Authority to leave gives us and/or our couriers permission to leave the order in question unattended by the front door – or, where applicable, at the reception or concierge's desk, or as per your instructions – of the delivery address without obtaining a signature confirming delivery at the delivery location.
When ATL is provided, the carriers will do their best to leave the parcel as intended, however if deemed unsafe to do so by the driver, the parcel will not be left without a signature. The couriers may leave a card giving you instructions on either re-delivery, or collection from the carrier.
If delivery or collection is delayed through your unreasonable refusal to accept delivery or if you do not (within two weeks of our first attempt to deliver the product to you) accept delivery or collect the product from the carrier, then we may (without affecting any other right or remedy available to us) do either or both of the following:
(a) charge you for our reasonable storage fee and other costs reasonably incurred by us; or
(b) no longer make the product available for delivery or collection and notify you that we are cancelling the applicable Contract, in which case we will refund to you or your credit or debit card company as applicable any money paid to us, less our reasonable administration charges (including for attempting to deliver and then returning the product, and any storage fees as provided for above).
A member from our team is available Monday-Friday, If you have any questions, concerns, or feedback on any of our products, please send us a message directly via our Live Chat, social media, or email us at firstname.lastname@example.org. If you are not 100% satisfied with your shopping experience, please reach out directly.
Please note that this Returns Policy only applies to products purchased from our online store and not from our retail stores. Customers should consult the return policy of the original place of purchase.
Happy by name and happy by nature. If there is anyway we have not met your satisfaction we would love to know about it and make it better. Our stress-free return policy means that you can shop with us with confidence, knowing that we always have your best interest at heart.
Our small team hand packages your items with a lot of care, and we expect them to arrive in perfect condition. If you receive your item and it is damaged, incomplete, and/or you are simply not satisfied with your order then please follow our simple 3 step process.
Step 1 - Email - email@example.com. Please include your order number and a detailed description/photo of what is wrong with the order.
Step 2 - If the issue is our fault, we will email you a return packing note, which you simply add to your parcel and take your local post office.
Please send to:
Happy Herb Co Distributors
3/1466 Kyogle Rd
Uki, NSW 2484
Step 3 - Once we receive your returned item we will either send a replacement or credit the account you paid with.
INTELLECTUAL PROPERTY RIGHTS
Your use of the site and its content grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to the content (as described in the content section below), including Happy Herb Co software and all HTML and other code contained in this website. All such content including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this website are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the content only as expressly authorized by Happy Herb Co and/or its third party licensors. Any reproduction or redistribution of the above listed content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
In addition to the intellectual property rights mentioned above, "Content" is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this website. Happy Herb Co tries to ensure that the information on this site is accurate and complete. Happy Herb Co does not promise that Happy Herb Co's content is error-free all of the time. Happy Herb Co does not promise that the functional aspects of the website or Happy Herb Co's content will be error free or that this website, Happy Herb Co content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.
NO COMMERCIAL USE
This site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any content, software, products, or services contained within this site. You may not use this site, or any of its content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own site.
You agree that you will be personally responsible for your use of this site and for all of your communication and activity on and pursuant to this site. If we determine that you are, or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the Terms & Conditions, we may deny you access to this site on a temporary or permanent basis.
You agree that all copyright, designs, trademarks and all other intellectual property and material rights relating to the content as described, including Happy Herb Co software and other code contained in this site, shall remain at all times vested in Happy Herb Co and are the property of their respective owners. All such content, including third party trademarks, designs and related intellectual property rights mentioned or displayed on this site are protected by national intellectual property laws and international treaty provisions. Any reproduction or redistribution of the above listed content is prohibited and may result in criminal penalties. Violators will be prosecuted to the fullest extent permissible under applicable law. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
THIRD PARTY SITES
We may include hyperlinks on this site to other websites or resources operated by parties other than Happy Herb Co, including advertisers. Happy Herb Co is not responsible for the content or accuracy of any off-site pages, nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such 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 content, goods or services available on such external websites or resources.
LIMITS ON OUR LIABILITY
If Happy Herb Co breaches the Terms & Conditions we shall only be liable for losses which are direct losses and are reasonably foreseeable consequence of such a breach. Losses are foreseeable where, for example, they could be contemplated by you and Happy Herb Co at the time of you placing your order, and Happy Herb Co despatching your order.
We are not responsible for losses not caused by our breach or negligence, indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us (for example, loss of profits or loss of opportunity). We are also not responsible for failure to meet any of our obligations under the Terms & Conditions where such failure is due to events beyond our reasonable control.
You agree to indemnify, defend and hold harmless Happy Herb Co, its third-party vendors, manufacturers, agents, distributors, corporate affiliates, officers, directors, and employees from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable lawyer\'s fees, (a) made by any third party due to or arising out of any content submitted, posted, or otherwise provided by you to the services, Happy Herb Co and/or its third party licensors, licensees or advertisers, and/or (b) resulting from your breach of any provision of these terms, any warranty you provide herein, or otherwise arising in any way out of your use of the services or purchase of the products or services therefrom. Happy Herb Co reserves the right to take exclusive control and defence of any such claim otherwise subject to indemnification by you, in which event you will cooperate fully with Happy Herb Co in asserting any available defence.
You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and Happy Herb Co as a result of the Terms & Conditions or your use of this site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of Happy Herb Co, and we shall not be liable for any representation, act, or omission on your part.
The Terms & Conditions together with all our policies and procedures will be governed by and construed in accordance to the relevant Australian and New South Wales law and the relevant courts of Australia will have exclusive jurisdiction.
Happy Herb Co collects personal information which may contain personal data in several ways when you place an order or register for a service offered by Happy Herb Co. By registering, you are consenting to the collection of your data. If an order is placed with us, we need to hold your data including your name, email address, phone number, home address, shipping and credit/debit card billing address(es) so that we can process and fulfil your order.
Saved card details will never be shared with third parties and will only be used to process your order, using our payment partner's systems: Shopify Payments, PayPal or Afterpay. Additionally we may also obtain your data as a result of authentication or identity checks. Sometimes we may ask for your telephone number. This number may be given to our courier for delivery services: Australia Post, eParcel and TNT. These details allow us to process your order and to let you know the status of your order.
CONTROLLING YOUR PERSONAL INFORMATION
You may choose to restrict the collection or use of your personal information in the following ways:
whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes
if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by emailing us at firstname.lastname@example.org
We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.
You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please email us at email@example.com.
If you believe that any information we are holding on you is incorrect or incomplete, please email us as soon as possible at firstname.lastname@example.org. We will promptly correct any information found to be incorrect.
HOW WE USE YOUR PERSONAL DATA
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
Internal record keeping.
We may use the information to improve our products and services.
We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customise the website according to your interests.
RETENTION OF DATA
We will not keep your data longer than is necessary for fulfilment of the purposes specified above. Data provided by you is retained if the purpose for which the data was collected still exists, it is so required by law, statute or regulation, or it is in the public interest.
We intend to use your data in direct marketing and we may not so use your data unless we have received your consent (which includes an indication of no objection). We would like to use the data in our records including your name, (phone number, email and/or correspondence address) to send you marketing materials. When you register, you will be given the option to opt-out of subscribing to our regular update service. This update service includes email and direct mail alerts for new products, features, enhancements, special offers, upgrade opportunities, contests, events of interest, and one-off marketing promotions.
We do not sell or otherwise pass your data to third parties for their marketing purposes but the data may be provided to subsidiaries and associated companies of Happy Herb Co for informing you of their marketing information. Marketing communications you subscribe to will only be sent by Happy Herb Co.
At all times, we will offer you the opportunity to unsubscribe out of any service or update to which you have subscribed, if you change your mind. Any e-mail we send you will contain an easy automated unsubscribe link so that you can opt-out of that particular mailshot. Simply follow the indications in the e-mail.
PAYMENT & SECURITY
Payment can be made through Shopify Payments via Visa, MasterCard, Visa Debit, AMEX with PayPal.
PayPal is a third party payment site that integrates with Shopify to process your payments on the Happy Herb Co website. For more information on PayPal please visit the PayPal website; https://www.paypal.com/au/webapps/mpp/home
WEBSITE & PAYMENT SECURITY
All transactions on this website are processed using either Shopify Payments, or PayPal through secure online payment gateways that operate in a secure host environment.
To help ensure that your shopping experience is safe, simple and secure, Happy Herb Co uses Secure Socket Layer (SSL) technology. This encrypts and protects the data you send to us over the Internet. If SSL is enabled then you will see a padlock at the top of your browser and you can click on this to find out information about the SSL digital certificate registration.
The type of cookies we collect are listed below.
There are four types of cookies:
Website functionality cookies
These cookies enable you to browse the website and use our features such as shopping baskets and wish lists.
Website analytics cookies
We use these cookies to measure and analyse how our customers use the website. This allows us to continuously improve our website and your shopping experience.
Customer preference cookies
When browsing or shopping online, the website will remember preferences you make (for example your user name, language or location). This makes your browsing experience simpler, easier and more personal to you.
Targeting cookies or advertising cookies
These cookies are used to deliver marketing and promotional content relevant to you. In addition, they limit the number of times you see an advertisement as well as help Happy Herb Co measure the effectiveness of the online content we present to you.
By using our website you agree that we can place these types of cookies on your device and access them when you visit the site in the future.
If you wish to delete any cookies that are already on your computer, please refer to the help and support area on your internet browser for instructions on how to locate the file or directory that stores cookies.
Information on deleting or controlling cookies is available at www.AboutCookies.org. Please note that by deleting our cookies or disabling future cookies you may not be able to access certain areas or features of the Happy Herb Cowebsite.
A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.