Terms & Conditions

(Updated 13th July 2018)

The bye-herbs.com website (referred to below as “ByeHerbs/bye-herbs.com/we/our/us”) is operated by Ajda Kolmančič s.p., a company registered and governed by Slovenian Law. Terms and conditions of our website are prepared in accordance with the Slovenian Consumer Protection (ZVPot), Protection of Personal Data (PDPA-1) and the Electronic Communications Act (ZEKom-1). As user of this website (referred to below as “you/your”), you acknowledge that any use of this website, including any transactions you make (referred to below as “use/using” this website) are subject to our terms and conditions below.  We encourage new customers to read our terms and conditions before using this site, or take the option of printing a copy for future reference, and also view our Privacy policy to learn more about how we protect your personal information.

  1. General
  2. Order Process
  3. Delivery
  4. Payment
  5. Returns, Cancellations and Substitutions
  6. Liability and Indemnity
  7. Miscellaneous Provisions
  8. Returns policy
  9. Affiliate terms of service

 

  1. General

1.1 We reserve the right to change these terms and conditions at any time. Any such changes will take effect when posted on the website (see date at the top) and it is your responsibility to read the terms and conditions on each occasion you use this website and your continued use of the website shall signify your acceptance to be bound by the latest terms and conditions.

1.2 If you are purchasing on behalf of a business, you must confirm that you have authority to bind said business on whose behalf you act, in using this website.

  1. Order process 

2.1 Please take steps like it’s written; go to shop section or click a shop now button. All orders that you place on this website will be subject to acceptance in accordance with these terms and conditions.

2.2 The ‘confirm order’ stage sets out the final details of your order. Following this, we will send to you an order acknowledgement email, letting you know that your order had been received, stock is being re-checked and that we intend to process a payment from you. Please note that this email is not an order confirmation or order acceptance from ByeHerbs.

2.3 Acceptance of your order, and the completion of the contract between you and us, will take place on dispatch of the products ordered from us to you, unless we have notified you that we do not accept your order, or you have canceled it (please refer to  our Guarantees and Returns Policy).

2.4 We do not file details of your order for you to subsequently access direct on this website, and therefore, please print out these terms and conditions and the order acknowledgement for your own records. If you wish to obtain specific details of your previous orders please contact us.

 

  1. Delivery 

3.1 All goods must be signed for by an adult aged 18 years or over on delivery. Minors under 18 years old can only use our services with the prior consent of their parents or guardians.

3.2 Delivery charges and estimated timescales are specified in Delivery section, and also when you place an order. We make every effort to deliver goods within the estimated timescales, however delays are occasionally inevitable due to unforeseen factors affecting us or the third-party couriers we use.  Bye-Herbs shall be under no liability for any delay, or failure, to deliver the products within estimated timescales.

3.3 Once a tracking number has been emailed to you it is your responsibility to monitor and track the status of your parcel. If you notice any problems, for example – Address Not Found, Failed Delivery, Recipient Absent, etc, then please contact us immediately so we can assist with the resolution. Failed-delivery parcels are normally held at a local depot for a maximum of five days before returning back to us. It is therefore your responsibility to contact us in good time to advise us of this situation in order to stop any return. We take no responsibility for parcels returned to us after successive delivery attempts and any return charges will be passed to you.

3.4 If the package has not been accepted, or rejected outside the valid reasons stated in 3.3, during delivery, the respective courier will make a return charge to ByeHerbs. This charge will be required to be paid before processing a redelivery, or will be retained if order has been cancelled.

3.5 In the event where deliveries have failed due to incorrect address specified or if no one is available to accept delivery at time when courier attempts to deliver goods, the courier will hold the goods at their depot for a small period of time (anytime between 2-5 days). If a card has been left by the courier requesting you to contact them, you are requested to contact them to arrange a re-delivery at same address at a suitable time. Failure to do so quickly (normally within 2 working days) may cause the parcel to be returned back to us. Although every effort is made to ensure goods are delivered to you in good time and at address specified, certain circumstances may fail deliveries (for e.g. unable to find address or no one to accept parcel etc). In order to solve such problems during delivery or if you wish to advise us of change of delivery address after goods have been shipped, you are requested to contact us on first occasion. Normally a charge is incurred for amendments of delivery addresses, which can be accepted by yourself or you may simply arrange to collect the goods from the courier depot where possible without any charges. Failure to do so or if you advise a change of address directly with the courier without notifying us will incur an additional charge which will be passed on to you unless we have already authorized this change with the courier.

3.6 Upon delivery it is your responsibility to check package and its contents thoroughly. If you notice any signs of security tape damage, theft or attempt for theft, damage of goods or any unacceptable condition of package and its contents you are requested not to accept the package. If you are willing to accept the package then you are requested to sign on the delivery note what you have noticed for e.g. Goods Damaged or Theft Attempt etc. Please note: failure to comply with these terms will prevent you making any claims against the above conditions and credit will not be issued.

3.7 Risk of loss and damage to products is passed on to you on the date when the products are delivered, or on the date of first attempted delivery by us.

  1. Payment 

4.1 Prior to taking payment from your card, we implement a card and stock verification process, to ensure that the request for goods is genuine and that we have confirmed stock availability. All goods are subject to availability. In the event that we are unable to supply the goods, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the goods and if no goods have been already dispatched. Refund of payment does not apply to personalized, custom-made or custom fitted goods.

4.2 While we try and ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price, or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel, and you have already paid for the goods, you will receive a full refund.

4.3 Payment can be made by any method specified in Payment Methods. For information about secure on-line ordering see Privacy

4.4 All prices include VAT (where applicable) at the applicable current rates but exclude delivery charges, unless expressly stated.  For further details, including Express delivery charges, see Delivery.

4.5 Please note the VAT rate shown (where applicable) is local to Slovenia. This rate (and the final price you pay) may change if your order is being shipped to another country, as we may be obliged to charge VAT at the local rate in your country of destination.
As per local Customs and Excise regulations, any delivery to EU countries whereby we have passed the VAT threshold limit the order will be subject to the standard local VAT rate of that country. The final cost of your order will be altered to reflect this.

  1. Returns, Cancellations and Substitutions 

5.1 We offer a 30 day money back guarantee, please refer to Guarantees and Returns Policy. Some products are excluded from the 30 Day Money Back Guarantee. These would normally include personalized products and used demo products. In addition, all ByeHerbs products are guaranteed against manufacturing defects for a maximum of 12 months but excludes wrong product usage. Your statutory rights are unaffected.

Before returning the product the customer must contact ByeHerbs about the issue and request a return approval from our support. If the product is returned without the return approval ByeHerbs can decide if the customer can request a refund or product replacement.

Shipping costs are not a part of the refund, also the refund is always given on the basis of the purchased product.

5.2 Sometimes the product specifications from the manufacturer may change, in which case we will do our best to offer you a substitute of the same or better quality at the same price. If you are not happy with the replacement you can return it in accordance with our 30 day money back guarantee. Where applicable, you may cancel your order in accordance with your rights under the Distance Selling Regulations (see the Guarantees and Returns Policy page for further details). Please note any courier charges will be retained where the fault has not been or resulted from ByeHerbs. 

5.3 All sizes and measurements are approximate. We strive to describe dimensions as accurately as possible, but fit variances can occur from person to person.

5.4 Please note that faulty or defective items highlighted to us after the 30 Day Money Back Guarantee time will not be eligible for a refund. ByeHerbs will replace or exchange all faulty products in accordance with the manufacturer’s warranty.  If the identical size or model is no longer available then we will exchange for an equivalent make/model or offer you credit vouchers which can be used to purchase products from our website. See section 5.7 for information on how guarantees work on returned products.

5.5 If you receive goods that you feel are not as stated, do not satisfy your requirements, or are not up to your standards (for example, superficial marks on packaging or product, dust etc) we are happy to offer a refund on the value of the goods.  To claim this you must advise us of this within 30 days of delivery, and ensure we receive your goods back in the original condition they arrived in.  Please note that all delivery costs already incurred will be retained before passing refund. Please note that we offer a discounted shipping rate structure to offer you great value, and in order to continue doing so, we are unable to pass you a full refund, as the actual shipping cost will be retained before passing refund. If the replacement has been made and the customer wants a refund in the correct time period, the refund is always based on the original purchase value and its invoice number.

5.6 Although every effort is made in checking all goods before dispatch, on some very rare occasions we may mistakenly ship an incorrect product, or one with a fault we did not catch due to the level of packaging that comes with new products.  If this has happened to you, we apologize in advance and request your co-operation in helping us resolve this.

Once an incorrect or faulty delivery has been received it is your responsibility to complete the online returns procedure (after which further instructions will be emailed back) or to advise us of this within 7 working days after delivery. Once a return-request has been accepted, you are requested to send goods back to us (via your local post-office or courier or whichever more cost-effective). The return-shipping is buyers cost. If the cost of sending goods back to us is reasonably high, then we request that you contact us so that we may offer our resources in getting the product back to us in a cost effective manner. We will do our level best to compensate you for your costs in form of goods or gift vouchers, however we regret to advise you that we are unable to compensate you fully where the cost of return is not viable.

5.7 Although we stock the best quality products, sometimes faults may be discovered after purchase. ByeHerbs offer a guarantee against manufacturer faults for a maximum of 1 year from the date of first delivery. You must consider that manufacturer guarantee covers only faults and defects of manufacturing process, but not shipping damages or damages due to inappropriate use. If you discover any faults, contact us on info@bye-herbs.com and we will get back to you. After that, faulty products are required to be sent back for fault examination. If a genuine manufacturer fault is established, we will send the replacement that may be either repaired or exchanged. If an identical replacement is not available, we will offer an alternative product of similar value. However if for any reason you are not happy to take the replacement, we will offer you eVouchers that may be used to purchase goods from our website. To avoid doubt, all products exchanged, swapped, or purchased with eVouchers (only applies to vouchers issued from a return), will be guaranteed for only the balance of the initial 12 month period.

  1. Liability and Indemnity 

6.1 Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited, or excluded under applicable law.

6.2 Subject to Section 6.1 above, ByeHerbs will use reasonable endeavors to verify the accuracy of any information on the site but makes no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the site or that it will be timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website. ByeHerbs will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website and ByeHerbs accepts no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the site.

6.3 Subject to Section 6.1 above, other than as expressly provided in these terms and conditions with respect to specific products and except for the exclusive remedies set out at Section 5 above, any indemnities, warranties, terms and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under applicable law.

6.4 Subject to Section 6.1 above, ByeHerbs will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent on negligent misrepresentations) or otherwise out of or in connection with the terms and conditions for any:

  • economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or
  • economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or
  • loss due to currency exchange-rate fluctuations (we take payment in Euros and currency exchange rates fluctuate constantly in which case we cannot be held liable for loss of value in foreign currency during payment authorizations and refunds as value will remain the same in Euros ); or
  • loss of goodwill or reputation; or
  • special or indirect losses

suffered or incurred by that party arising out of, or in connection with, the provisions of any matter under these terms and conditions.

6.4 Notwithstanding the above, subject to Section 6.1 ByeHerbs’ aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the product(s) in respect of one incident or series of incidents attributable to the same clause.

6.5 This clause 6 does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.

6.6 We will take all reasonable precautions to keep the details of your order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorized access to information provided by you.

  1. Miscellaneous Provisions 

7.1 The contract between us shall be governed by the laws of Slovenia and any dispute between us will be resolved exclusively in the courts of Slovenia. English or Slovenian are the only language offered for the conclusion of the contract.

7.2 We have selected our products on the basis that they will be used for domestic use only. If you are planning to use them for business purposes please make sure that you are covered by appropriate insurance.

7.3 ByeHerbs shall be under no liability for any delay or failure to deliver products, or otherwise perform any obligation as specified in these terms and conditions, if the same is wholly or partly caused whether directly or indirectly by circumstances beyond its reasonable control.

7.4 To provide increased value to our customers, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these 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 advertising, content, products, goods or other materials or services available on such external websites or resources.

7.5 You may not assign or sub-contract any of your rights or obligations under these terms and conditions or any related order for products to any third party unless agreed upon in writing by ByeHerbs.

7.6 ByeHerbs reserves the right to transfer, assign or sub-contract the benefit of the whole or part of any of its rights or obligations under these terms and conditions or any related contract to any third party.

7.7 If any portion of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these terms and conditions shall not be affected.

7.8 These terms and conditions do not create or confer any rights or benefits enforceable by any person that is not a party (within the meaning of the Slovenian Law) except:
a) a person who is a permitted successor or assignee under Section 7.7 above of the rights or benefits of these terms and conditions may enforce such rights or benefits.
b) No consent from the persons referred to in Section 7.8 is required for the parties to vary or rescind these terms and conditions (whether or not in any way that varies or extinguishes rights or benefits in favor of such third parties).

7.9 No delay or failure by ByeHerbs to exercise any powers, rights or remedies under these terms and conditions will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorized representative of ByeHerbs.

7.10 These terms and conditions including the documents or other sources referred to in these terms and conditions supersede all prior representations understandings and agreements between you and ByeHerbs relating to the use of this website (including the order of products) and sets forth the entire agreement and understanding between you and ByeHerbs for your use of this website.

We recommend you print out a copy of these terms and conditions for your future reference.
If you have any questions regarding the bye-herbs.com website please see the contact us section for more information and full details.

8. Our Returns Policy

We want you to be totally satisfied with every purchase you make with ByeHerbs. However if for any reason, you are not completely happy with your purchase, simply contact us and then return the goods within 30 days of our first delivery attempt. There are two main types of returns our customers require most often, to which terms and conditions apply:

1. Returning for Exchange or Refund within 30 day period
For this you must:

  1. Contact us and follow our returns procedure within 30 day period to be eligible for the Exchange or Refund. Used products are not under 30 day moneyback guarantee.
  2. Before sending the product back please contact us about the return, otherwise we won’t know about the return and the product won’t be accepted from the courier service provider.
  3. Returning a faulty product within the warranty period
  4. Please check that your product is within the warranty period (in most cases 12 months from date of purchase, unless stated otherwise).
  5. Please consider if the fault or defect has been generated through normal use as we cannot accept return of products damaged as a result of misuse.

For more information on our returns terms, please see details below, or contact our team on info@bye-herbs.com, and we’ll be happy to help you.

We are happy for you to return a product to us if you decide that you do not wish to keep it.  We ask that you ship it back to us within 30 days of the first attempted delivery date by our courier, but first please contact us on this matter. We ask you to take reasonable care when the item is in your possession and return the item in its original, new condition, so that we may restock it and give another customer a chance to own the item new.

As such, please do not break any seals, or allow for marks and/or damage to the original packaging, and please secure package your goods when you return them so they do not get exposed to any damage in transit.  We do not currently offer free shipping back to us as returns are rare, and so we use that saved cost to ensure your item is competitively priced at time of purchase.

As we may stock different products, it’s possible that do not offer refunds on: every product like items that have had logos or customization added as part of the purchase etc.

For security purposes, if you are seeking an actual refund on a product, we must refund it using the method it you paid with. For clarity, if you paid for your item with a credit card, PayPal, gift vouchers or any other payment option, you will be refunded in the same method.

Please note: 
We do not offer refunds on shipping costs and payment surcharges (e.g. PayPal etc.). Refunds are automatically calculated for the value of the goods being returned less any discounts, freebies and surcharges.

As part of the offers run now and then, our customers often get a chance to receive discounts on products, or get a free gift with their purchase.  Occasionally, when these products form part of a return, we ask you accept the following conditions.

Returning an item that came with a free gift
You will not receive a refund or exchange if you withhold, or have used, the free item.  Occasionally at discretion, we may issue a part refund if are prepared to discount the value of the free item from the refund.
Returning an item that was part of a discounted multi-buy offer.
For example, if you purchased products for €150, and you were able to buy additional products at a special price.  This is a multi-buy (combination) deal, and the discount offered originally factors in the sale of two items combined.  Therefore, if returning one or a few products alone, the discount achieved at time of sale will be voided and an adjustment of this value will be made to your refund.

If any of these terms sound complicated, we would be happy to clarify them at any time, just contact us during normal office hours.

If you are returning orders to us from outside the EU, please note that a customs charge will apply when the good re-enter the EU, unless you clearly state that the items are being shipped back to us for a refund or return.

Most items come with a 12 month warranty as standard. In some cases, manufacturer’s warranty is different. Please look for details on individual items to see which products these terms apply to.

All products are ‘Return to Base’, meaning they must be shipped back to us.  We do not currently offer free shipping back to us, but our customer service team are happy to advise on affordable shipping methods back to us, just drop us an email on info@bye-herbs.com.

Goods faulty on arrival

Goods discovered to be faulty at time of arrival to you, or developing a fault in the first 30 days are subject to a refund, and in most cases, ByeHerbs will arrange shipping back to our headquarters for inspection.  After verifying the fault, the goods may be refunded, exchanged or will follow any unique procedures applicable to the item.  If an item is returned and discovered not to be faulty, you may no longer be eligible for a refund or free return shipping to you.

Goods developing a fault in the first 12 months (Manufacturer’s Warranty Claim)

In addition to the 30 days grace period for normal returns, and a return period for faults, we also honor manufacturers warranties which are typically 12 months.  If you wish to return a product that has developed a fault in the first 12 months, please fill out a Return Merchandise Authorization (RMA) form by following our Returns Procedures.  Please follow the instructions in the Returns Procedures section and do not ship us your item without your RMA number and any further instructions stemming from the Returns Procedure process.

Once you complete this procedure, we will pass your item on to the appropriate section where the product will be inspected in accordance to manufacturer’s warranty terms.  The manufacturer will repair or replace the faulty part, or may even exchange the entire product if the product is found to have developed a fault beyond economical repair.  A free return delivery is normally to send the item back to you if the fault has been verified by the manufacturer.  If the product cannot be repaired or replaced, we may offer you vouchers to the value of the product with your consent.

In some rare cases when there is shortage of replacement parts, or if further fault investigation is required, there may be a longer manufacturer delay in completing the return. In such cases, we will keep you regularly informed whilst we await a decision from the manufacturer.

In the event where the goods are found non-faulty or if the product does not have a manufacturing-fault (through a fault investigation process), the warranty claim will be voided and goods will be sent back in its current condition. In most cases we may request a minimal shipping charge to cover for the return cost back to you.

 

  1. Ambassador program 
  1. Enrolment in this Program.

To begin the enrolment process, you will submit a completed Program Application through our website. We will evaluate your submission in good faith to ensure you comply with all our rules and agreements. We may reject your submission if we determine in our sole discretion that you don’t suite our needs for any reason.

Chosen ambassadors can only use the discount codes for their own orders. Not for friends and other people, especially not for 3rd persons. It is prohibited to share the coupon code with any other person.

  1. Utilising Links on Your Site.

As an ambassador of ByeHerbs, you may use any form of promotion you choose, consistent with the terms of this Agreement. You may use banner advertisements, button links and/or text links to our site (the “Links”), however, you CANNOT SPAM. Any activity by you or on your behalf that we determine or reasonably suspect to be the result of an unsolicited bulk e-mail program will result in your immediate termination from the Program and your forfeiting of monies otherwise due you hereunder. Allowable promotional links may contain ByeHerbs’s trade names, service marks, and/or logos for display on your Affiliate Site. Subject to the terms and conditions hereof, you are granted a limited, non-exclusive, non-transferable license to access and download such Links and other designated promotional materials for placement on your Affiliate Site for the sole and exclusive purpose of promoting websites owned, operated or controlled by ByeHerbs. In utilizing the Links, you agree that you will cooperate fully with us in order to establish and maintain such Link or Links. A Link may only be visually modified with our consent.