Acceptance of Terms
By joining the Herbie’s Spices online store you’re agreeing to abide by the Terms of Service below. For purposes of these Terms of Service, Herbie’s Spices is defined as all English language, Australian based web sites, web pages, and channels controlled and/or operated by Herbie’s Spices (Hemphill Pty Ltd) including, without limitation, the herbies.com.au web site. These rules and guidelines have been created to protect you and to ensure that Herbie’s Spices is safe and can be enjoyed by everybody. By agreeing to these terms, you’re taking responsibility for your own actions.
By accessing and using the websites operated by Herbie’s Spices, you agree to these terms, conditions and disclaimers as amended from time to time (“Terms”) and acknowledge that you have read and understand these Terms. If you do not agree with these Terms, do not use any of the Herbie’s Spices websites.
Herbie’s Spices reserves the right to change any content on the website or the Terms at any time and from time to time, by updating this page within any Herbie’s Spices website. As you are bound by any such amendments to the Terms you should therefore periodically check the current Terms.
An order by you is an offer by you to purchase a particular product at the price and delivery charges specified in the details of that order. The order must contain your name, email address ( if available ), shipping address, credit card number and the expiry date of your credit card so that Herbie’s Spices can process your order. Herbie’s Spices reserves the right to accept or reject your order for any reason, including, without limitation, an error in the price or an error in the product description posted on the site or the unavailability of any product, . There maybe reasons why we or a merchant in Herbie’s Spices cannot fulfill your order, therefore your contract with Herbie’s Spices only comes into existence when Herbie’s Spices advises you that it has accepted your order and your payment has been confirmed.
Prices and Products
Information on prices and availability of products and delivery charges are maintained by responsible merchants participating within an Herbie’s Spices website. Herbie’s Spices therefore cannot guarantee that all details are current at the time of issue. Prices, availability of products and delivery charges may change at any time and are subject to availability.
All prices are shown in AUD
are calculated during the checkout process. This is because final freight cost depends on the size of your order, and the shipping destination.
Herbie’s Spices will retain title to the products you order until you have made payment in full for those products. The liability for product defects and delivery issues remain the responsibility of Herbie’s Spices who picked and dispatched each unique product within the order.
Herbie’s Spices use their best efforts to meet the scheduled delivery time, but cannot guarantee to meet those delivery times in every case. Herbie’s Spices will not have any liability to you if any part of your order fails to satisfy in whole or in part the scheduled delivery time.
Orders are dispatched within 2 business days of receipt of the order using Australia Post, either Express Post or an equivalent. Delivery times are then 1 to 5 business days depending on your location within Australia and Australia Post delivery times.
International Orders are sent via Australia Post International Parcels, and delivery is typically 5 – 15 business day.
Herbies Spices accepts returns and will fully refund any order, less the cost of freight, returned to Herbie’s Spices with 4 weeks of date of delivery. Product within the order must be unopened to receive the refund.
You may have certain rights and remedies available to you in relation to the provision by Herbie’s Spices of goods and services on the afore mentioned Herbie’s Spices websites under the Trade Practices Act and similar state and territory legislation in Australia which cannot be excluded, restricted or modified (“Basic Rights”). Except as provided by the Basic Rights: · all other conditions and warranties either express or implied by custom, law or statute are excluded; · all Content is provided without any warranties of any kind, either express or implied;
Herbie’s Spices does not warrant that your access to any Herbie’s Spices website or the functions contained in any content will be uninterrupted or error free, that any defects will be corrected or that the Herbie’s Spices website or the server which stores and submits Content to you are free of viruses, malicious computer code transmitted on or through Herbie’s Spices or other harmful component;
Herbie’s Spices does not represent that any information (including any file) obtained from or through this Web site is free from computer viruses or other faults or defects. It is your responsibility to scan any such information for computer viruses. Herbie’s Spices will not be liable to you or to any other person for any loss or damage (whether direct, indirect, consequential or economic), however caused and whether by negligence or otherwise, which may result directly or indirectly from any such information. To the extent that any applicable law that cannot be excluded imposes any liability on Herbie’s Spices, that liability shall be limited to the cost of re-supplying that information.
Herbie’s Spices expressly disclaims the accuracy of all descriptions and specifications of the products. This disclaimer in no way affects the terms of the manufacturers warranty, if any;
Herbie’s Spices expressly disclaims the currency, accuracy or completeness of any Content or any information provided by third parties on or through Herbie’s Spices.
Limitation of Liability
To the extent permitted by law, under no circumstances will Herbie’s Spices be liable for any damages whatsoever, whether direct, indirect, punitive, special, or consequential damages or loss of profits that are directly or indirectly related to the use of, or the inability to use, the Herbie’s Spices website, even if advised of the possibility of such damages or that such damages were foreseeable.
Where Herbie’s Spices is unable to exclude liability for breach of any implied warranty or condition by virtue of any statute, then its liability shall be limited to: · in the case of goods supplied or offered by merchants within Herbie’s Spices, any one or more of the following (i) the replacement of the goods or the supply of equivalent goods; (ii) the repair of the goods; (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (iv) the payment of the cost of having the goods repaired; or · in the case of services supplied or offered by Herbie’s Spices (i) the supplying of the services again; or (ii) the payment of the cost of having these services supplied again.
Third Party Services
You may order services or merchandise through Herbie’s Spices from other persons not affiliated with Herbie’s Spices (“Seller”). All matters concerning the merchandise and services desired from Seller, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and Seller. Herbie’s Spices makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. You will not consider Herbie’s Spices nor will Herbie’s Spices be construed as a party to such transactions, whether or not Herbie’s Spices may have received some form of revenue or other remuneration in connection with the transaction or be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transaction.
Herbie’s Spices may include special routing icons or links which may be located within the Herbie’s Spices website, the activation of which will allow you to access and learn more about Herbie’s Spices and other services provided by Herbie’s Spices or its affiliates whereby the use of such icons is free of additional charge to you. When you access any of these services, your rights and obligations will be governed by the agreements and policies relating to the use of these services.
Participation in promotions of advertisers
From time to time, Herbie’s Spices will communicate, via email, items that may be of interest to you as a Member or as a user of this Web site if and only if you have agreed upon registration or subsequently to receive such emails. Herbie’s Spices may also sell or make available to advertisers online advertising and/or sponsorship using the pages of this Web site. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this Web site.
Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between the you and the advertiser. Herbie’s Spices assumes no liability, obligation or responsibility for any part of any such correspondence or promotion.
When you register for membership in the Herbie’s Spices loyalty club, you will be required to provide Herbie’s Spices with the following information: your name, e-mail address, mailing address, gender, age, birth date, member name and password.
Herbie’s Spices Loyalty Membership
Herbie’s Spices Loyalty Membership is non-transferable. You may change your information on an existing membership account only to update your membership account.
Herbie’s Spices may terminate your Membership and any Membership program at any time. You may terminate your Membership by sending a written notice or an email to Herbie’s Spices. Termination of your Membership only becomes effective upon actual receipt by Herbie’s Spices of your notification of termination.
You do not need to register as a Member in order to purchase products and services from this Web site. Membership is free and does not obligate you to purchase anything. You will however, be responsible for any tax, duty or similar liability arising from any Membership benefit that you receive or become entitled to.
Your ability to purchase products and services from the Herbie’s Spices web sites may be terminated at any time by Herbie’s Spices without notice. All restrictions, licenses and the like granted by you and all disclaimers and limitations of liability by Herbie’s Spices will survive termination.
Should you object to any of these Terms and Conditions (including any subsequent amendments), you must immediately discontinue use of this Web site.
Under accepted codes of conduct operating within the banking industry, your bank cannot hold you liable for more than $50.00 of fraudulent charges, unless your actions have contributed to the unauthorised use of your credit card.
In the event of unauthorised use of your credit card, you must notify your credit card provider in accordance with its reporting rules and procedures.
Once you become an Herbie’s Spices Loyalty Member, you will receive a password. You are entirely responsible if you do not maintain the confidentiality of your password. Furthermore, you are entirely responsible for any and all activities, which occur under your email address and password. You agree to immediately notify Herbie’s Spices of any unauthorised use of your email address or any other breach of security that you become aware of.
Forum Participation and Comments
Your right to use participate in forums provided by Herbie’s Spices is personal to you: You may not authorize others to use Herbie’s Spices forums, and you are responsible for all of your own use of Herbie’s Spices forums.
You agree not to use any obscene, indecent or offensive language, or to place on Herbie’s Spices any material that is false, defamatory, abusive, harassing or hateful. Further, you may not place on Herbie’s Spices any material that is encrypted, constitutes junk mail or unauthorized advertising, invades anyone’s privacy, encourages conduct that would constitute a criminal offense or give rise to civil liability, or that otherwise violates any local, provincial, national or international law or regulation. You agree to use Herbie’s Spices only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.
Other than connecting to Herbie’s Spices servers by HTTP requests using a Web browser, you may not attempt to gain access to Herbie’s Spices servers by any means – including, without limitation, by using administrator passwords or by masquerading as an administrator while using Herbie’s Spices or otherwise.
You are responsible for ensuring that any material you provide to Herbie’s Spices or post in a forum including but not limited to text, photographs and sound, does not violate the copyright, trademark, trade secret or any other personal or proprietary rights of any third party – or is posted with the permission of the owner(s) of such rights.
Postings to the forums are not private. You grant Herbie’s Spices and its designees the unrestricted right to use, reproduce, modify, translate, transmit and distribute any information or material you supply or communicate to Herbie’s Spices via such postings, in any medium now in existence or hereafter developed, for any purpose, including commercial uses.
You agree that Herbie’s Spices is not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including defamatory, offensive or illicit material.
These Terms (and the agreement thereby constituted by your access, browsing or use) will be governed by and construed in accordance with the laws of New South Wales, Australia. You irrevocable and unconditionally agree to the non-exclusive jurisdiction of the courts of that state.
Any provisions of these Terms shall for any reason be held to be unenforceable or invalid in any respect under any law then such unenforceability or invalidity shall not affect any other provision of these Terms and these Terms shall be constituted as if such unenforceable law and valid provisions had never been contained herein.
The products and services offered for sale by Herbie’s Spices are only available to individuals who can make legally binding contracts. The products and services are not available to persons under the age of 18 years old and any other persons who are legally prohibited from entering into binding contracts.
Any party engaging in illegal activities involving the use of this Web site will be subject to civil and criminal prosecution. Herbie’s Spices cannot guarantee that it will be able to prevent any illegal or inappropriate use of this Web site, nor can Herbie’s Spices guarantee that it will give advance notice or warning of any illegal or inappropriate use of this Web site.
All rights not expressly granted in these Terms are reserved.
Herbie’s Spices (Hemphill Pty Ltd ABN 75-077-549-583)
745 Darling Street