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Terms and Conditions

Terms and conditions

1. Introduction and definitions

1.1 This document (together with any documents referred to in it) tells you the terms and conditions (the 'Conditions') upon which we will sell the Goods to you. You may print a copy for future reference.

1.2 So far as the context permits, the following words are defined as set out:

1.2.1 'Business Day' means a day other than a Saturday, Sunday or public holiday when

banks in Wexford are open for business.

1.2.2 'Event Outside Our Control' has the meaning given in clause 14.

1.2.3 'Goods' means the goods listed on our website ('the Website') which we may supply.

1.3 Before confirming your order please read through these Conditions and in particular our cancellations and returns policy at clause 10 and limitation of our liability and your indemnity at clause 12.

1.4 By ordering any of the Goods, you agree to be legally bound by these Conditions. You will be unable to proceed with your transaction if you do not accept these terms and conditions.

2. About us

2.1 We, Natural Health Store Limited, own and operate this Website. We are a limited company registered in Ireland under company number: 533763. Our registered office is at 28 George's Street, Wexford, County Wexford. Our VAT Number is 3211455AH. Our business address is 24 North Main Street, Wexford, County Wexford.

2.2 Our telephone number is 00 353 53 9121613.

2.3 Our email address is online@naturalhealthstore.ie.

2.4 We are a member of the Health Stores Ireland, a publicly accessible trade register. We can be identified on the register by Natural Health Store Ltd, 24 North Main Street, Wexford, Email: info@naturalhealthstore.ie, Phone: 053 9121613. Details of the trade register can be found at www.irishhealthstores.com.

3. Overseas orders

3.1 We may accept orders from individuals located outside the Republic of Ireland and ship overseas subject to you paying any additional shipping or postage costs.

3.2 We will inform you of any additional shipping or postage costs as soon as possible after you have placed the order. If you do not wish to pay these costs you may cancel your order. If you wish to continue with the order you must confirm to us that you will pay these additional costs within 7 days of us telling you what they will be. If we do not receive this confirmation from you within this time period, we will treat you as having cancelled your order.

3.3 Please note that when shipping products internationally, you should be aware that cross-border shipments are subject to opening and inspection by customs authorities.

3.4 If we agree to supply any goods ordered from the Website for delivery outside the Republic of Ireland, they may be subject to import duties and/or additional taxes or expenses incurred due to complying with foreign regulatory requirements or laws. You will be responsible for payment of any such duties and/or taxes in addition to our price including VAT and the cost of delivery. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office or taxation authority for further information before placing your order.

4. Eligibility to purchase from the Website.

To be eligible to purchase the Goods and lawfully enter into and form a contract with us, you must be 18 years of age or over.

5. Price of Goods

5.1 The prices of the Goods are quoted on the order page.

5.2 Prices and any other charges quoted on the order page are based on delivery of the Goods in the Republic of Ireland unless otherwise specified.

5.3 Prices quoted do not include the costs of delivery of the Goods. The costs of delivery of the Goods will be shown separately on the order page and added to the amount payable by you. Delivery is free on an order over €50.

5.4 Unless otherwise stated, the prices quoted include VAT.

6. Payment for Goods

6.1 Payment can be made by any major prepay, credit or debit card.

6.2 By placing an order, you consent to payment being charged to your prepay/debit/credit card account as provided on the order form.

6.3 If you pay us by credit or debit card we will take payment from your card for the Goods when we dispatch the Goods to you.

6.4 We shall contact you should any problems occur with the authorisation of your card.

7. Order process and formation of a contract

7.1 Our Website, catalogue and brochure merely illustrate our Goods and the packaging of the Goods. Your computer may not accurately display the colours of the Goods. Although we aim to accurately depict our Goods and their packaging, there may be differences between the packaging and the colours of the Goods delivered to you and those shown on our Website.

7.2 All orders are subject to acceptance and availability. If we are unable to supply you with the Goods in your order due to matters such as unavailability of stock, materials, key staff or an Event Outside Our Control or because we have identified a mistake in the description of the Goods or the price stated by us, we will notify you. We will not proceed with the order and will refund any sums you have paid us.

7.3 If the Goods are temporarily unavailable, we will notify you by email of the date they are expected to be available. You will have the option either to wait until they are available or to cancel your order. If you cancel your order, we will refund any sums you have paid us.

7.4 Any order placed by you for the Goods constitutes an offer to purchase them from us.

7.5 You agree that if we contact you to acknowledge receipt of your order such communication shall not amount to our acceptance of your offer to purchase the Goods.

7.6 A 'Confirmation Notice' means an email which we send to you to confirm that we have dispatched the Goods. A Confirmation Notice will be our acceptance of the offer made in the order to which that Confirmation Notice relates.

7.7 A contract between you and us for the supply of the Goods (the 'Contract') incorporating the version of these Conditions in force at the time of your order will come into existence when we send you the Confirmation Notice relating to your order. You may print and keep a copy of the Confirmation Notice for future reference.

7.8 If you think that there is a mistake in the Confirmation Notice or if you wish to make any changes, please contact us to discuss this. If you request a change, we will tell you if that is possible and about any changes to the price, delivery or performance dates or any other changes that we need to make as a result of your request. We will ask you if you wish to go ahead with the change.

7.9 We may make

7.9.1 minor technical adjustments to the Goods to improve them or to comply with relevant laws and regulatory requirements,

7.9.2 changes to these Conditions as a result of changes in any relevant laws and regulatory requirements,

7.9.3 changes to these Conditions as a result of changes in how we accept payment from you,

7.9.4 changes in the amount payable by you to the extent of any changes in the VAT included in the price or payable in relation to the price.

7.10 If we make any changes in accordance with clause 7.9 we will give you written notice of the changes before we supply the Goods. You can choose to cancel the contract if the change would be significantly to your disadvantage.

7.11 Any variation to these Conditions which have been incorporated into the Contract or to the Contract other than those mentioned in clause 7.9 shall only be binding when agreed in writing and signed by you and us.

8. Delivery

8.1 The Goods will be delivered to you at the address you provided during the order process which

may be an address other than the billing address.

8.2 Any dates quoted for delivery of the Goods are approximate only. If no date is specified then it will take place as soon as reasonably possible, but in any event within 30 days of the date of the Confirmation Notice, unless there is an Event Outside Our Control, in which case clause 14 shall apply.

8.3 If you have agreed to collect the Goods from our premises,

8.3.1 you must collect the Goods during our working hours of 9am to 5pm from Wexford Store and with prior agreement providing the goods are in stock from our Kilkenny Store on or within 3 Business Days of the date we notify you that the Goods are ready for collection,

8.3.2 delivery shall occur at our premises when we hand the Goods to you.

8.4 Unless clause 8.5 applies, if we have agreed to deliver the Goods to a delivery address which you have given us, delivery shall occur when we place the Goods in the physical possession of you or anyone you have identified to us as the person authorised by you to take delivery of the Goods.

8.5 If you have asked us to use an independent carrier other than our normal carrier to deliver the Goods to you, delivery shall occur when we deliver the Goods to that carrier.

8.6 You must examine the Goods within a reasonable time after arrival and let us know as soon as reasonably possible if they are faulty, damaged or not as described.

8.7 If no one is present at your delivery address to take delivery, we will advise you of our attempted delivery. You must then contact us to make arrangements for us to deliver the Goods.

8.8 We may end the contract with you and charge you for any extra storage costs we have incurred if

8.8.1 you have arranged to collect the Goods but do not do so within 14 Business Days of the date we notify you that they are ready for collection, or

8.8.2 we have agreed to deliver the Goods, you have not been available to take delivery on the date we agreed to deliver them, and we have not been able to re-arrange delivery within 14 Business Days of the original delivery date.

8.9 For Christmas deliveries, we recommend that you check the Website for the last order date. We will endeavour to dispatch all Goods that are in stock within 24 hours. However, we cannot guarantee delivery by 24 December.

9. Risk and title

9.1 The Goods will be at your risk from the time of delivery.

9.2 Ownership of the Goods will only pass to you when we receive full payment of all sums due in respect of them including VAT and the cost of delivery.

10.Cancelling your Contract and returns

10.1 Cancelling before Confirmation Notice

10.1.1 You may cancel your order for the Goods by notifying us of your decision to cancel at any time prior to us sending you a Confirmation Notice.

10.1.2 You may cancel your order prior to us sending you a Confirmation Notice by You may cancel your order by notifying us in writing at any time up to 14 days after your products have been delivered. The notification should state your order number and reason for cancellation. If you cancel your order after we have dispatched the products then you must return the products to us in a securely wrapped parcel to Natural Health Store Ltd, 24 North Main Street, Wexford, County Wexford Y35 F6NA. The products should be returned in good condition and unopened. The goods should be returned to us within 20 days of receipt of same. You can no longer cancel your order once you have opened the product containers or used the products. We will refund the purchase prince to the payment card used at the time of purchase once the Goods are returned. Postage costs will be refunded in full in the case of incorrect or damaged orders but not where you have elected to return goods for any other reason..

10.2 Cancelling after Confirmation Notice

10.2.1 The 'Cancellation Period' means the period between the date we send you a

Confirmation Notice and the expiry of 14 calendar days after the day you receive the

Goods.

10.2.2 Subject to clause 10.5, you may cancel the Contract at any time during the Cancellation Period by notifying us of your decision to cancel.

10.2.3 You may cancel your Contract by You may cancel your order by notifying us in writing at any time up to 14 days after your products have been delivered. The notification should state your order number and reason for cancellation. If you cancel your order after we have dispatched the products then you must return the products to us in a securely wrapped parcel to Natural Health Store Ltd, 24 North Main Street, Wexford, County Wexford Y35 F6NA. The products should be returned in good condition and unopened. The goods should be returned to us within 20 days of receipt of same. You can no longer cancel your order once you have opened the product containers or used the products. We will refund the purchase prince to the payment card used at the time of purchase once the Goods are returned. Postage costs will be refunded in full in the case of incorrect or damaged orders but not where you have elected to return goods for any other reason..

10.3 Return of Goods

10.3.1 Upon receiving notice of your cancellation, we will contact you and provide details of where you must return the Goods and other relevant instructions. You must then return the Goods to us without delay and at the latest within 14 days of notifying us of your cancellation.

10.3.2 You must return the Goods at your own risk and at your own cost unless we offer to pay the cost of return. We may offer to collect the Goods from you and charge you for the cost of collecting the Goods. If we offer to collect the Goods, we will contact you to ascertain whether you agree to us collecting the Goods, whether you agree to pay the costs of collection if we are charging you for collection, and if so, to make arrangements for collection. If you agree to pay the costs of collection, we may deduct this from any sum we owe you.

10.3.3 If the value of the Goods is reduced as a result of your handling of them beyond what is necessary to determine the nature, characteristics or functioning of the Goods, we will be entitled to claim this reduction in value from you and to deduct it from any money which you have paid us.

10.4 Refunds on cancellation

10.4.1 So long as you are entitled to cancel and have complied with your obligations under clauses 10.2 and 10.3, we will refund you the balance of the price and any standard delivery costs you paid to us after deducting:

10.4.1.1 any reduction in the value of the Goods in accordance with clause 10.3.3;

and

10.4.1.2 any cost to us of collecting the Goods (if applicable).

10.4.2 If the Contract is for the supply of goods only, or for goods and services with the main purpose being the supply of goods, unless we have agreed to collect the Goods from you, we will refund you the sum in clause 10.4.1 within 14 days after the earlier of:

10.4.2.1 the day on which we receive the Goods back from you, or

10.4.2.2 the day on which you supply evidence to us that you have sent the Goods

back to us.

10.4.3 If the Contract is for the supply of goods only, or for goods and services with the main purpose being the supply of goods and we have agreed to collect the Goods from you, we will refund you the sum in clause 10.4.1 within 14 days of our receipt of your cancellation notice.

10.4.4 We will refund you the sum in clause 10.4.1 using the same method of payment used by you, unless you agree to a refund by a different method of payment.

10.5 Exception to the right to cancel You will not have a right to cancel in the following situations:

10.5.1 The Contract is for goods which are bespoke or have been personalised or which may deteriorate (such as food).

10.5.2 The Contract is for goods and/or services the price of which is dependent on
fluctuations in the financial market which cannot be controlled by us.

11.Complaints

If you have a comment, concern or complaint about any Goods you have purchased from us, please
contact us by telephone on 00 353 53 9121613, by email at online@naturalhealthstore.ie or by post at 24
North Main Street, Wexford, County Wexford.

12.Liability and indemnity

12.1 We have a duty to supply Goods to you that conform to the Contract including a duty to ensure
that

12.1.1 the Goods are as described in the contract

12.1.2 the Goods correspond to any samples we have sent you

12.1.3 the Goods are fit for any purpose you specifically told us they were required for, and are not faulty

12.2 We cannot exclude our liability for a failure to comply with these duties mentioned in this subclause. Nothing in these Conditions affects your legal rights if these duties are not complied with. You can obtain advice about your legal rights from Citizens Information if you need to.

12.3 We cannot exclude or limit our responsibility to you for:

12.3.1 Death or personal injury resulting from our negligence or the negligence of our
employees

12.3.2 Fraud or fraudulent misrepresentation

12.3.3 A claim for a defective product against us if we do not give you the name of the person who supplied the product to us within a reasonable time of your request for us to do so.

12.4 We are responsible for foreseeable loss or damage which you suffer as a result of a breach by us of the Contract or as a result of our failure to act with reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process. We are not responsible for unforeseeable losses.

12.5 You are purchasing the Goods as a consumer. If you purchase the Goods for any business purpose including for re-sale, we will not be liable for any business losses, loss of profits, loss of contracts, loss of business opportunities, loss of management time, loss of business data or losses due to interruption of your business.

12.6 We will not be responsible for any delay in delivering the Goods if

12.6.1 we have asked you to provide specified information that is necessary for delivering the Goods and

12.6.2 you have failed to provide complete and accurate information or you have provided such information later than the date we have asked you to supply it by.

12.7 We will not accept liability for any damage caused by pre-existing defects in any fittings, walls, pipes, wiring, gas installations in your premises or to any goods to which we connect or install or attach the Goods unless we have been negligent in not realising that such damage may occur or in the way we did the work.

13.Our rights of termination

We reserve the right to terminate the Contract by writing to you if you fail to make any payment to us when due and you still do not make payment within 14 days of us reminding you that payment is due.

14.Events outside our control

14.1 Except for our obligations under this clause, we shall not be responsible for delays or failures in delivery or performance of our obligations to you resulting from any act, event, omission, failure or accident outside our reasonable control ('Event Outside Our Control').

14.2 We will take all reasonable steps to minimise a delay in performing our obligations to you which arises from an Event Outside Our Control.

14.3 We will promptly notify you of any Event Outside Our Control which prevents us from or delays us in performing our obligations to you, giving details of it and (where possible) the extent and likely duration of any delay.

14.4 Our performance will be deemed to be suspended for the period that the Event Outside Our Control continues.

14.5 You may end the Contract after we have notified you of an Event Outside Our Control and we will then refund you any money you have paid to us under the Contract for the Goods which we have been unable to deliver to you.

15.Use of personal data

15.1 We envisage that we will request personal information from you whilst you use our website. This information will only be requested and processed in accordance with our Privacy Notice, which can be found at www.naturalhealthstore.ie.

15.2 In brief, we will act fairly in connection with personal information requested from you, when we request information we will alert you to our Privacy Notice, and unless the information is necessary for a reason specified in the General Data Protection Regulation (GDPR) we will only process it with your consent. Before receiving your information we'll endeavour to provide the information required by the GDPR.

16.Third party rights

Except for our affiliates, directors, employees or representatives, a person who is not a party to the Contract has no right to enforce any term of the Contract but this does not affect any right or remedy of a third party that exists or is available to them.

17. Alternative Dispute Resolution

17.1 In the event of a dispute concerning these Conditions or the Contract, including their interpretation and their application to the circumstances giving rise to the dispute, you or we may also refer such a dispute to the Online Dispute Resolution platform, the link for which is http://ec.europa.eu/consumers/....

17.2 The business email address to be used to notify us in the case of a dispute is
online@naturalhealthstore.ie.

18.Other important terms

18.1 We reserve the right to change the domain address of this Website and any services, products, product prices, product specifications and availability at any time.

18.2 Every effort is made to keep information regarding stock availability on the Website up to date. However, we do not guarantee that this is the case, or that stock will always be available.

18.3 If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Contract and the remainder of the provision in question will not be affected.

18.4 All Contracts are concluded in English only.

18.5 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under it or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with your obligations.

18.6 A waiver by us of any default shall not constitute a waiver of any subsequent default.

19.Governing law

These Conditions and the Contract are governed by the laws of Ireland. However, if you live outside Ireland but within the EU, you are always entitled to any compulsory consumer protections applicable in the country where you live.

20.Governing jurisdiction

You can bring legal proceedings in respect of the Goods in the courts of Ireland. If you live in another country in the EU, you can bring legal proceedings in respect of the Goods in either the courts of your home country or Ireland.

21.Disclaimer

We make every effort to ensure that our website has up to date information. However, you should be aware that product ingredients/directions are often changed and this may affect the allergen and nutritional information. Please note that the onus is on you as the customer to read all labels for
ingredients and directions.

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