Terms and conditions

No part of this Website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to you indicating that your order has been fulfilled and is on its way to you.

  1. 1. Definitions and Interpretation
    1. 1.1 In this Agreement the following terms shall have the following meanings:
      1. "Account" means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Website;
      2. "Carrier" means any third party responsible for transporting purchased Goods from our Premises to customers;
      3. "Content" means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
      4. "Goods" means any products that the Company advertises and / or makes available for sale through this Website;
      5. "Company" means Tikitibu;
      6. "Service" means collectively any online facilities, tools, services or information that the Company makes available through the Website either now or in the future;
      7. "Payment Information" means any details required for the purchase of Goods from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
      8. "Purchase Information" means collectively any orders, invoices, dispatch notes, receipts or similar that may be in hard copy or electronic form;
      9. "Premises" means our place(s) of business;
      10. "System" means any online communications infrastructure that the Company makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
      11. "User" / "Users" means any third party that accesses the Website and is not employed by the Company and acting in the course of their employment; and
      12. "Website" means the website that you are currently using (http://www.herbaltobacco.co.uk) and any sub-domains of this site unless expressly excluded by their own terms and conditions.
  2. 2. Age Restrictions
    1. 2.1 This Website is for use by Persons of 18 years of age or older. In order to purchase Goods on this Website, Persons must be 18 years of age or older.
  3. 3. Business Customers
    1. 3.1 These Terms and Conditions also apply to customers buying Goods in the course of business.
  4. 4. International Customers
    1. 4.1 The Company does not deliver Goods to international addresses. Goods are delivered to addresses within the United Kingdom.
  5. 5. Intellectual Property
    1. 5.1 Subject to the exceptions in Clause 6 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of the Company, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
    2. 5.2 Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by the Company.
  6. 6. Third Party Intellectual Property
    1. 6.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
    2. 6.2 Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.
  7. 7. Fair Use of Intellectual Property
    1. 7.1 Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
  8. 8. Links to Other Websites
    1. 8.1 This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of the Company or that of our affiliates. The Company assumes no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
  9. 9. Links to this Website
    1. 9.1 Those wishing to place a link to this Website on other sites may do so only to the home page of the site without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of the Company. To find out more please contact us.
  10. 10. Use of Communications Facilities
    1. 10.1 When using the enquiry form or any other System on the Website you should do so in accordance with the following rules:
      1. 10.1.1 You must not use obscene or vulgar language;
      2. 10.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
      3. 10.1.3 You must not submit Content that is intended to promote or incite violence;
      4. 10.1.4 It is advised that submissions are made using the English language as the Company may be unable to respond to enquiries submitted in any other languages;
      5. 10.1.5 The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
      6. 10.1.6 You must not impersonate other people, particularly employees and representatives of the Company or our affiliates; and
      7. 10.1.7 You must not use our System for unauthorised mass-communication such as "spam” or "junk mail”.
    2. 10.2 You acknowledge that the Company reserves the right to monitor any and all communications made to the Company or using our System.
    3. 10.3 You acknowledge that the Company may retain copies of any and all communications made to the Company or using our System.
    4. 10.4 You acknowledge that any information you send to the Company through our System or post on the enquiry form may be modified by the Company in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon our use of such information must be communicated to the Company in advance and the Company reserve the right to reject such terms and associated information.
  11. 11. Accounts
    1. 11.1 In order to purchase Goods on this Website and to use the enquiry form facilities you may be required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website as the Company may not require payment information until you wish to make a purchase. By continuing to use this Website you represent and warrant that:
      1. 11.1.1 all information you submit is accurate and truthful;
      2. 11.1.2 you have permission to submit Payment Information where permission may be required; and
      3. 11.1.3 you will keep this information accurate and up-to-date.
      Your creation of an Account is further affirmation of your representation and warranty.
    2. 11.2 It is recommended that you do not share your Account details, particularly your username and password. The Company accepts no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
    3. 11.3 If you have reason to believe that your Account details have been obtained by another without consent, you should contact the Company immediately to suspend your Account and cancel any unauthorised purchases that may be pending. Please be aware that purchases can only be cancelled until they are dispatched. In the event that an unauthorised purchase is dispatched prior to your notifying the Company of the unauthorised nature of the purchase, the Company accepts no liability or responsibility and you should make contact with the Carrier detailed in the Purchase Information.
  12. 12. Termination and Cancellation
    1. 12.1 Either the Company or you may terminate your Account. If the Company terminates your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, the Company reserve the right to terminate without giving reasons.
    2. 12.2 If the Company terminates your Account, any current or pending purchases on your Account will be cancelled and will not be dispatched.
    3. 12.3 The Company reserves the right to cancel purchases without stating reasons, for any reason prior to processing payment and dispatch.
    4. 12.4 If purchases are cancelled for any reason prior to dispatch you will be refunded any monies paid in relation to those purchases.
    5. 12.5 If you terminate your Account any non-dispatched purchases will be cancelled and you will be refunded any monies paid in relation to those purchases.
  13. 13. Goods, Pricing and Availability
    1. 13.1 Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods available from the Company correspond to the actual Goods, the Company is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods, not different Goods altogether. Please refer to Clause 15.1 for incorrect Goods.
    2. 13.2 Where appropriate, you may be required to select the required size, fragrance, colour or other variation of the Goods that you are purchasing.
    3. 13.3 The Company will use its best and reasonable endeavours to ensure that such Goods will be available when you place your order. In the event that Goods become unavailable, you will be contacted with details of availability and/or alternatives.
    4. 13.4 All pricing information on the Website is correct at the time of going online. The Company reserves the right to change prices and alter or remove any special offers from time to time and as necessary.
    5. 13.5 In the event that prices are changed during the period between an order being placed for Goods and the Company processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price;
    6. 13.6 All prices on the Website include VAT at the appropriate rate.
  14. 14. Delivery
    1. 14.1 The Company will notify you by way of email when your goods are to be dispatched to you. The message will contain details of estimated delivery times in addition to any reasons for a delay in the delivery of the Goods purchased by you.
    2. 14.2 If the Company receives no communication from you, within 7 days of delivery, regarding any problems with the Goods, you are deemed to have received the Goods in full working order and with no problems.
  15. 15. Returns Policy
    1. The Company aims to always provide high quality Goods that are fault free and undamaged. On occasion however, goods may need to be returned. Returns are governed by these Terms and Conditions.
    2. 15.1 If you receive Goods which do not match those that you ordered, unless accompanied by an explanatory note detailing the changes, stating reasons for the changes and setting out your options, you should contact the Company within 7 days to arrange return. Goods must be returned in their original condition with all packaging and documentation. The Company is responsible for paying shipment costs if Goods are returned for this reason. You must obtain a proof of postage when returning goods to the Company. The Company accepts no liability for Goods lost in the post, if you cannot provide proof of postage. You will be given the option to have the Goods replaced with those ordered (if available) or to be refunded through the payment method used by you when purchasing the Goods. Refunds and replacements will be issued upon our receipt of the returned Goods.
    3. 15.2 If Goods are damaged in transit and the damage is apparent on delivery, you should sign the delivery note to the effect that the goods have been damaged. In any event, you should report such damage to the Company within 7 days and arrange return. The Company is responsible for paying shipment costs if Goods are returned for this reason. You must obtain a proof of postage when returning goods to the Company. The Company accepts no liability for Goods lost in the post, if you cannot provide proof of postage. Upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods.
    4. 15.3 You have a statutory right to a 'cooling off' period. This period begins once your order is complete and ends 7 working days after the Goods have been delivered. If you change your mind about the goods within this period, please return them to the Company within 7 working days of receipt. Goods can only be returned for this reason if their packaging remains unopened and the Goods can be re-sold, as new, without any additional work on the part of the Company. You are responsible for paying shipment costs if Goods are returned for this reason. You must obtain a proof of postage when returning goods to the Company. The Company accepts no liability for Goods lost in the post, if you cannot provide proof of postage.
    5. 15.4 If you wish to return Goods to the Company for any of the above reasons, please contact us to make the appropriate arrangements.
    6. 15.5 The Company reserves the right to exercise discretion with respect to any returns under these Terms and Conditions. Factors which may be taken into account in the exercise of this discretion include, but are not limited to:
      1. 15.5.1 Any use or enjoyment that you may have already had out of the Goods;
      2. 15.5.2 Any characteristics of the Goods which may cause them to deteriorate or expire rapidly;
      3. 15.5.3 The fact that the Goods consist of audio or video recordings or computer software and that the packaging has been opened;
      4. 15.5.4 Any discounts that may have formed part of the purchase price of the Goods to reflect any lack of quality made known to the Customer at the time of purchase.
      Such discretion to be exercised only within the confines of the law.
  16. 16. Privacy
    1. 16.1 Use of the Website is also governed by our Privacy Policy which is incorporated into these Terms and Conditions by this reference. To view the Privacy Policy, please click on the link above.
  17. 17. Disclaimers
    1. 17.1 The Company makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. The Company makes no guarantee of any specific results from the use of our Services.
    2. 17.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
    3. 17.3 No part of this Website is intended to constitute a contractual offer capable of acceptance.
    4. 17.4 Whilst the Company uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.
  18. 18. Changes to the Service and these Terms and Conditions
    1. 18.1 The Company reserves the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If the Company is required to make any changes to Terms and Conditions relating to sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
  19. 19. Availability of the Website
    1. 19.1 The Service is provided "as is" and on an "as available" basis. The Company gives no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law the Company provides no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
    2. 19.2 The Company accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
  20. 20. Limitation of Liability
    1. 20.1 To the maximum extent permitted by law, the Company accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.
    2. 20.2 Nothing in these Terms and Conditions excludes or restricts the Company’s liability for death or personal injury resulting from any negligence or fraud on the part of the Company.
    3. 20.3 Nothing in these Terms and Conditions excludes or restricts the Company’s liability for any direct or indirect loss or damage arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the Website.
    4. 20.4 Whilst every effort has been made to ensure that these Terms and Conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.
  21. 21. No Waiver
    1. 21.1 In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
  22. 22. Previous Terms and Conditions
    1. 22.1 In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
  23. 23. Third Party Rights
    1. 23.1 Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and the Company.
  24. 24. Law and Jurisdiction
    1. 24.1 These Terms and Conditions and the relationship between you and the Company shall be governed by and construed in accordance with the Law of England and Wales and the Company and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.

24 January 2014