Terms & Conditions
Welcome to Hemsley Organics website. This website is owned and operated by Hemsley Organics Limited, a limited company registered in England under 11085600, whose registered address is 69 Debdale Way, Mansfield, NG197NR and whose main trading address is 69 Debdale Way, Mansfield, NG197NR.
1. OUR AGREEMENT
These terms and conditions (the "Terms") are the terms which apply when you use the website www.hemsleyorganics.com. By using any part of this website, completing your customer registration with us and/or placing an order on the website you agree to be bound by the Terms. Any reference to "Hemsley Organics", "we", "us" or "our" in these Terms is a reference to Hemsley Organics Limited (trading as Hemsley Organics) and any reference to "you" or "your" means you, the user of the website.
2. CHANGES TO THESE TERMS
We reserve the right to modify or change these Terms at any time where it is necessary in the course of our business to do so, including for legal, security or regulatory reasons. We will notify you of substantial changes to these Terms, but we encourage you to review the Terms when purchasing any products or services to ensure that you agree to the proposed way in which we will deal with you. If you do not agree to any changes, then please do not use our website. Any changes are effective immediately upon posting to the website. Any changes made after you have placed an order will not affect that order unless we are required to make the change by law.
If you have any questions or concerns about our Terms, please contact our Customer Care team (open 9am - 5pm Monday to Friday) via email: enquiries@hemsleyorganics.com or visiting contact usand they will be happy to help you.
3. YOUR USE OF THIS WEBSITE
By accepting the Terms you confirm that all information and details provided by you to us (including on registration) are true, accurate and up to date in all respects.
You agree that in using the website, you will not: (i) use the website in any way that causes, or is likely to cause the site or access to the site to be interrupted, damaged or impaired in any way; (ii) use the website for any purpose that could damage the name of Hemsley Organics or impair the goodwill or reputation associated with our brand; (iii) use the website for illegal, criminal or unlawful activity or in any manner which would cause harm or distress to any third party; (iv) access or attempt to access the accounts of other users or attempt to penetrate the website security measures; nor use the website for any purpose other than for your own personal use.
We reserve the right to suspend, restrict or terminate your access to the website at any time without notice if we have reasonable grounds to believe that you have breached any of these restrictions or if we suspect fraudulent account activity or behaviour.
We can not guarantee that your use of this website will be error or interruption free and we will not be responsible for any disruption, of any kind, of any material in transit, or loss of or corruption of material or data when downloaded onto any computer system.
3.1 Privacy Policy
All personal information that you provide us will be managed in accordance with all applicable laws and regulations. Our website may include links to third-party websites, plug-ins and applications. We currently link to Facebook, Twitter, Google, Instagram and YouTube on the blog section of our website. We will update our links as and when necessary to do so in changes with Hemsley Organics. Clicking on any third-party links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit. You can find out more by referring to our privacy policy.
3.2 Cookie Policy
If you use our website, we may place and access certain cookies on your computer or device. These may be first party cookies (placed by us and used only by us) or third party cookies. You can enable privacy settings in your browser to restrict tracking cookies. Those who opt-out may show open and click activity but will not have activity tracked. You can find out more by referring to our cookies policy.
4. MAKING AN ORDER
Once you have submitted an order for goods, you will receive an e-mail confirming receipt of your order, known as the order confirmation. You will receive a further e-mail from us once the your products have been dispatched from our warehouse; at this point a binding contract will be entered between us.
4.1 Product description and packaging
The images of the products on our website are for illustrative purposes only. The packaging of the product may vary from that shown in images on our website. All information as required by law will be displayed on our packaging. Be sure to read the products boxing for all information. If a certain product does not require outer boxing then please refer to the product itself. You may see certain symbols that relate to certain product information and where to find it.
4.2 Making changes to your order
Please note we may be unable to cancel or amend your order during peak promotional periods. Please note this is something that will be monitored and subject to change in accordance.
If you wish to change or cancel an order please contact our us on: enquiries@hemsleyoganics.com with your order reference as soon as possible. If you wish to make a change, we will let you know if the change is possible and about any changes to the price of product or anything else which would be necessary as a result of the requested change and ask you to confirm whether you wish to go ahead with the change. We may change the product to reflect changes in relevant laws and regulatory requirements.
4.3 If we cannot accept your order
If we are unable to accept your order, we will inform you of this and will not charge for the product. This may be because the product is out of stock, unexpected limits which we could not reasonably plan for or because we have identified an error in the price or description of the product. It may also be that we are unable to meet a delivery deadline that you have requested.
5. REGISTERING AN ACCOUNT
To make it easier for you to order products we offer you the opportunity to register for a personal account.
To register, you must supply us with certain personal information. Once you have created an account, you will be able to access, update or correct your personal details using the "My Account" button. We will only use the personal information you give us in accordance with our privacy policy as mentioned in section 3.1 as above.
Please keep your password and user name private. If you suspect any activity on your account that is not carried out by you, please let us know immediately by contacting us on: enquiries@hemsleyorganics.com with your account name.
6. INTERNATIONAL CUSTOMERS
Customers from outside the UK can purchase products from this website; payment must be by credit card and must pay in pounds sterling unless otherwise specified. We are currently only accepting payments from the following countries outside of the UK: USA, France, Italy, Spain and Australia. We will update this as necessary. You can choose your specified currency at the footer menu of our website.
7. PRICE
All prices are quoted in pounds sterling and are inclusive of VAT (as may be prescribed by law from time to time), unless otherwise specified. Posting and packing prices may be charged in addition to the price of any goods. Please refer to section 9 (Delivery) for further information regarding the delivery charges.
8. PAYMENT
Online payment will be provided in a secure environment. Payments must be made by one of the following credit card payment methods - Visa, MasterCard, American Express, Switch, Solo, Delta, Electron, Apple Pay, Google Pay and Shopify Pay.
Fraudulent use of credit cards will be reported to the relevant authorities. If the issuer of your payment card refuses to pay or does not for any reason authorise the payment to us, we will not be liable for any delay or non-delivery of the products.
8.1 Third Party Payment Providers
We currently accept third party payment providers: Klarnaand Clearpay. Please click on either payment provider for more information.
9. DELIVERY
For all deliveries, please follow this link to our delivery charges. Delivery times may vary. Deliveries are made via Royal Mail unless over 4kg where our chosen courier: Parcel Force will be used.
Free 3 - 5 Working Day Delivery is valid on all orders. See our UK & Internaional Shipping Page for details.
We will deliver the products to you as soon as reasonably possible and in any event within 15 days after the day on which we accept your order (this is subject to be longer for international deliveries). Please note that our Next Day service is not always guaranteed, all NDD orders placed before 3pm will always be posted the same working day by us. A delivery attempt will be made where possible and a signature is required upon delivery.
If delivery of products are delayed by an event outside our control then we will contact you as soon as possible and we will take the steps that we can to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay, you may contact us to end the contract and receive a refund for any products you have paid for but not received.
You will be responsible for all loss and damage to the goods after they have been delivered to you.
We will retain ownership of the goods until full payment has been made and funds have cleared.
10. CANCELLATIONS & RETURNS
10.1 Cancellations
If you wish to change an address or cancel an order please contact us at: enquires@hemsleyorganics.com with your order number reference within 30 minutes of placing your order. Please note that we may not be able to cancel or amend orders during peak promotional periods.
10.2 Non faulty products
We want you to be happy with every purchase you make with us. If for any reason you are not completely satisfied or you change your mind, you may return any product in its original condition for a full refund, store credit, or replacement (as appropriate) within 28 days. Original condition means that there are no scratches or marks on the product and the product’s packaging has not been opened, used or damaged and the product is in a re-saleable condition.
Please be advised that we are unable to take returns on products not purchased online at www.hemsleyorganics.com. If you purchased a product at one of our authorised retailers or counters, please contact them directly.
Please note that we will be unable to accept returns of sealed goods for health protection or hygiene reasons if the seal has been opened by you after delivery. This includes the use of any of our products. We reserve the right to refuse your return if we can clearly see that a product has been used or opened. Due to a breach of hygiene, if a products packaging has been opened we will refuse refund as this is a clear breach of hygiene due to the nature of our products. Please see our Delivery & Returns page for more details.
This is the same for products that you have received as a gift.
10.3 Faulty products/Other rights for return
Please be advised that we are unable to take returns on products not purchased online at www.hemsleyorganics.com. If you purchased a product at one of our authorised retailers, please contact them directly.
In accordance with your statutory rights, you may return products where there has been an error in the price or description of the product ordered or they are otherwise not as described; or the product is faulty (i.e unfit for purpose or unsatisfactory). Whilst we aim to accept products under these reasons please note that we will be unable to accept return of products that have clearly been used or the packaging seal has been opened, for health protection or hygiene reasons, by you after delivery due to the nature of our items
.
You are entitled to a refund where the products are returned to us within 28 days of purchase. After 28 days, you are entitled to a replacement product or store credit only.
If your package is visibly damaged on delivery, please tell the person delivering your goods that you wish to sign as "received damaged".
If your items are received as faulty or damaged once opened, please make us aware within 48 hours of receiving your order by contacting us via: enquires@hemsleyorganics.com stating your order reference number.
Please note that we may require images and/or videos of any damage for our records and may need to collect the product(s) for testing before a replacement or refund is issued.
10.4 Returns
Please be advised that we are unable to take returns on products not purchased online at www.hemsleyorganics.com. If you purchased a product at one of our authorised retailers please contact them directly.
You will be notified by email once your returns have been received and processed.
Please ensure that the package is wrapped securely and for your protection we recommend that you use a recorded delivery service as we cannot accept liability for goods lost in transit. Please always retain proof of postage until your exchange/refund has been processed. The cost of return is to be made by you to our registered address, found at the top of this page.
If you require a refund, we will endeavour to refund the price paid by you for the products within twelve (12) working days of receiving your returned products. If this is subject to be different, due to any reason out of our control, we will notify you immediately.
Please be aware that products purchased as a set, including our shop & save items and any promotional limited edition sets, can only be returned as a complete set, not as individual items.
If a promotional gift has been included in your order, and a return is made reducing your qualifying total for this gift, the full order must be returned.
When returning goods which you bought using a discount or offer, we will adjust the refund accordingly if you fall below the discount/offer threshold, as that discount or offer will no longer apply. For more information on returns, visit our Delivery & Returns page.
10.5 International Returns
For international purchases our usual 28 day returns period is extended to 90 days from the date your parcel arrived with you.
To return your parcel please refer to information given in 10.4.
Please note that we are unable to process an exchange for international deliveries. All points made in 11 (10.1,10.2,10.3,10.4) apply the same.
Please be advised that we are unable to take returns on products not purchased online at www.hemsleyorganics.com.
11. RE-SALE OF OUR PRODUCTS
Please note that all products which are made available on our website are for your personal use only and you may not sell or re-sell any of the products to anyone, including making them available for sale on any third party website. We reserve the right to cancel any orders to you where we believe that you are intending to sell our products on.
12. OUR LIABILITY
Nothing in these Terms seek to exclude or limit liability for personal injury or death arising as a result of negligence caused by us for fraudulent misrepresentation.
If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking our contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. 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 process of sale.
13. THIRD PARTY LINKS
We will not be responsible or liable for your use of any other websites which may be accessed via links within this website. We do not control these websites and are not responsible for their content. Any such links are provided merely as a service to users and their inclusion does not constitute an endorsement by or affiliation with us.
14. INTELLECTUAL PROPERTY
Hemsley Organics is the registered owner of the Hemsley Organics trade-marks used by us in the course of our business.
The full contents of this website, excluding third party links, are owned by Hemsley Organics or its third party licensors. You may not copy, download, post, record, transmit, edit, distribute or commercially exploit in any way without our written permission prior to any of the listed or anything else that may exploit our ownership.
15. PROMOTIONS
All promotions available on our website are clearly stated with their individual promotional offer. When you see a * this indicates there is an end date and limit to the specific discount.
Our shop & save items are available for as long as they are on our website. We reserve the right to change this any time and they are excluded from any other discounts or promotional offers on our website unless stated otherwise.
16. NEW SUBSCRIBER DISCOUNT
One use per customer. Cannot be redeemed for anything other than it's intended purpose.
Discount can only be applied to products. Not available in conjunction with any other offer. This offer is only available to subscribing customers and is an online only offer at www.hemsleyorganics.com
17. GENERAL
We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms of Sale will not be affected and Our obligations under these Terms of Sale will be transferred to the third party who will remain bound by them.
17.1 Permission
You may not transfer (assign) your obligations and rights under these Terms of Sale (and under the Contract, as applicable) without Our express written permission. The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.
If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable. No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.
17.2 Terms Revised
We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms of Sale as they relate to your Order, We will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them. If you do opt to cancel, you must return any affected Goods you have already received and we will arrange for a full refund (including delivery charges) which will be paid within 7 working days of your cancellation.
This contract is between you as the customer and Hemsley Organics. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these Terms.
While Hemsley Organics uses reasonable endeavours to ensure that the information on this website is accurate and up to date, it does not give any warranty as to its accuracy or completeness and Hemsley Organics will not be responsible for any errors or omissions.
18. COMPLAINTS
If you wish to complain about any matter in respect of any goods or services that we provide, please contact us on: enquiries@hemsleyorganics.com. Please see our contact page for opening hours.
We welcome any feedback you may have for us as we are always doing our best to provide a great service for you. If you feel we need to be made aware of something please do not hesitate to contact us on the email provided above or by visiting our contact us page.
19. LAW AND JURISDICTION
These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales. If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing takes away or reduces your rights as a consumer to rely on those provisions. If you are a consumer, any dispute, controversy, proceedings or claim between you and us relating to these Terms and Conditions, or the relationship between you and us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency. If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales.