Terms and Conditions

We are originally a B to B ( Business to  Business ) company with a B2C shop online since March 2021, updated for trade and consumers on a regular basis  Our terms and conditions supersede yours in all cases. These terms and conditions govern your use of our website http://www.helichrysum-italicum.com as well as sales both for individuals and companies (trade offers) on or offline. Please read these terms in full before you use our web site or order from us even off line. If you do not accept these terms and conditions, please do not use this website, or even place an order with us. Your continued use of our web site or even place an order by email , telephone or fax , by this simple fact confirms your acceptance of these terms.

-1.0 The Site enables to discover various products for sale to users browsing or companies contemplating engaging before negotiations with us. Again, any order of Products offered on or off the Site implies consultation and express acceptance of these General Terms of Sale

-1.1 It is not necessary to register with us in order to use most parts of this website. However, particular areas of this website can only be accessible after your registration.

Use of website
 
-1.2 This website may be used for your own private or commercial purposes and / or in accordance with these terms and conditions.
 
-1.3 You may print and download material from this website if you do not modify or reproduce elsewhere any content without our prior written consent as all our pics are electronically pixelated stamped.
 
Website up-time 
 
-1.4 All reasonable measures are taken by us to ensure that this website is operational all day, every day. However, occasionally technical issues may result in some downtime and accordingly we will not be liable if this website is unavailable at any time.
 
-1.5 Where possible we always try to give advance warning of maintenance issues that may result in website down time, but we shall not be obliged to provide such notice.
 
Visitor provided material 
 
-1.6 Any material that a visitor to this website sends or posts to this website shall be considered non-proprietary and non confidential. We shall be entitled to copy, disclose, distribute, or use for such other purpose as we deem appropriate all material provided to us, with the exception of personal information, the use of which is covered under our Privacy Policy. We fully respect GDPR laws
 
- 1.7 When using this website you shall not post or send to or from this website any material:
 
(a) for which you have not obtained all necessary consents;
 
(b) that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in the United Kingdom;
 
(c) which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.
 
-1.8 We will fully co-operate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting material to this website found in breach of Paragraph 1.7.
 
Links to and from other websites
 
-1.9 Throughout this website you may find links to third party websites. The provision of a link to such a website does not mean that we endorse that website. If you visit any website via a link on this website you do so at your own risk.
 
-1.10 Any party wishing to link to this website is entitled to do so provided that the conditions below are observed:
 
(a) you do not seek to imply that we are endorsing the services or products of another party unless this has been agreed with us in writing;
 
(b) you do not misrepresent your relationship with this website; and
 
(c) the website from which you link to this website does not contain offensive or otherwise controversial content or, content that infringes any intellectual property rights or other rights of a third party.
 
- 1.11 By linking to this website in breach of clause 1.10 you shall indemnify us for any loss or damage suffered to this website because of such linking.
 
Disclaimer
 
-1.12 Whilst we do take all reasonable steps to make sure that the information on this website is up to date and accurate at all times, we do not guarantee that all material is accurate and, or up to date.
 
-1.13 All material contained on this website is provided without any or warranty of any kind. You use the material on this website at your own discretion.
 
Exclusion of liability 
 
-1.14 We do not accept liability for any loss or damage that you suffer because of using or buying from us or this website, more even so if you are a private individual as the products should be used under doctors’ advice, more so if you suffer any medical conditions.
 
-1.15 Nothing in these terms and conditions shall exclude or limit liability for death or personal injury caused by negligence which cannot be excluded or under the law of the United Kingdom.
 
2-a Products sold 
 
Prior to placing an order, the Customer may check the main features of any product they wish to order, by consulting the Site. For all use of any of the products sold, a medical advice is sometimes necessary but always recommended:
 
-Do not take any essential oils internally without consultation from a qualified aromatherapist practitioner.
 -Do not apply undiluted essential oils, absolutes, CO2s or other concentrated essences onto the skin. If you are pregnant, epileptic, have liver damage, have cancer, or have any other medical problem, use essential oils only under the proper guidance of a qualified aromatherapy practitioner or doctor.
 -Use extreme caution when using oils with children and give children only the gentlest oils at extremely low doses. It is safest to consult a qualified aromatherapy practitioner before using essential oils with children.
 -A skin patch test should be conducted prior to using an essential oil or a skin care cream of any kind when you've never used before. Purchase offers, including special promotions, are valid for as long as they are visible on the Site.
 -All skin care products, cream serums, etc have been tested and stabilized but ultimately due diligence is recommended to be expressed by any buyer. 
 
 2-b Product Descriptions 
 
We will take all reasonable care to ensure that all details, descriptions, analysis and prices of products appearing on the Site are correct at the time when the relevant information was entered onto the system; however we do not warrant that the product descriptions, colours or other content available on the Site are accurate, complete, reliable, current, or error-free.
 
Although we aim to keep the Site as up to date as possible, the information including product descriptions appearing on this Site at a particular time may not always reflect the product exactly at the time that you place an order or receive it. We cannot confirm the trade price when linked with volume of a product until your order is accepted offline in accordance with our order acceptance policy unless it is ordered online. All images appearing on our web site are non-contractual images. MSDS are published on our web site but note that analysis given are representative a particular batch, not necessarily the one received. 
 
-2-c Purchase (B2B & B2C)
 
We sell online to consumers ( B2C ) but mainly to traders (B2B) with prices that fit the need of each group . Large orders are made offline from invoice payable by wire bank transfer . Note that in all cases the currency adopted will be Sterling GBP . Upon receipt of payment any quote will be transformed into a formal official invoice. The invoice is usually sent upon expedition together with tracking with DHL after the quote has been approved.

If you import our product from any country either bought online or offline it is your responsibility to make enquiries with your accountant , customs , local or national authorities even trade department to find out before order if our essential oil , macerates, potions, elixirs, or perfumes are subject to an import duty at port of entry or VAT or subject to any other regulations .

B2B : Consumer Rights Act do not in Britain apply to small businesses. The CRA defines a “consumer” as an individual. This means that the consumer rights set out in the CRA will not apply to small businesses or legally incorporated organisations. An individual is a consumer if he is acting for purposes that are wholly or mainly outside his trade, business, craft or profession as described clearly by the UK Gov . Another key definition is the definition of “consumer”. Firstly, a consumer must be an “individual” (that is, a natural person) – the Act's protection for consumers does not apply to small businesses or legally incorporated organisations (e.g. companies formed by groups of residents).

-2 d Return Policy : Often DHL refuse to deliver if duty or VAT is not paid before delivery unless you have an agreement with them. If you do not pay the charges, delivery might not occur and risk will not be vested with us . All taxes and duties are the responsibility of the buyer in his country at port of entry. If goods are refused entry or duty and vat unpaid in the destination country, DHL may send back the goods to us. If it is the case a fee corresponding to the initial transport price is payable not inferior to £75 each way that include also the added cost of returning the goods as charged to us by DHL .We can resend the parcel to any destination of your choice but transport will need to be paid before expedition as free transport as well as initial transports cost and return for the main first expedition with any one order. You can also organise the goods to be picked up by your own freight forwarder. Liaise with us if it is the case please. In all cases goods can be stored with us up to 3 months free of charge. After 3 months a fee of £25 / week will charge up to a year when the title of the good reverse with us without refund.

We will not sell or and deliver in all cases to the following countries : Afghanistan, Angola, Antigua and Barbuda, Azerbaijan, Bahamas, Belarus, Belize, Benin, Bhutan, Plurinational State of Bolivia, Botswana, Burundi, Cambodia, Central African Republic, Chad, Comoros, Congo, Crimea region, Democratic Republic of the Congo, Cuba, Djibouti, Dominican Republic, Ecuador, El Salvador, Eritrea, Ethiopia, Gambia, Ghana, Guatemala, Guinea, Equatorial Guinea, Guinea-Bissau, Haiti, Honduras, Iran, Iraq, Kazakhstan, Kenya, Kiribati, Kyrgyzstan, Lao People’s Democratic Republic, Latvia, Lebanon, Liberia, Libya, Madagascar, Mali, Mauritania, Federated States of Micronesia, Republic of Moldova, Mozambique, Myanmar, Nicaragua, Niger, Nigeria, North Korea, Pakistan, State of Palestine, Panama, Papua New Guinea, Paraguay, Russia, Western Sahara, Sao Tome & Principe, Serbia (incl Kosovo), Sierra Leone, Somalia, South Sudan, North Sudan, Suriname, Swaziland, Syria, Tajikistan, United Republic of Tanzania, Timor-Leste, Tonga, Trinidad & Tobago, Tunisia, Turkmenistan, Tuvalu, Uganda, Ukraine, Uzbekistan, Vanuatu, Bolivarian Republic of Venezuela, Yemen, Zambia, Zimbabwe.

Other countries : please reach us to confirm if your country is not listed either online with B2C or if you are present above

-2-e Trade purchase and reservation

Some products can be reserved by traders in advance ( days or months) such as helichrysum Oil or hydrolat / floral water. In this case a 25% deposit, down payment towards your purchase will be required. Once the deposit has been paid towards either a quote or order an invoice will be issued, shortly before actual expedition ( note that a quote becomes an official order when a subsequent deposit is received ). The invoice will state the amount ordered, the deposit paid and all information's linked with the reservation such as total further price to be paid, time of delivery, payment, quote or order reference etc .Please check your spam folder frequently as a precaution.

Helichrysum-italicum.com cannot under any circumstances accept a change in the order as the deposit will be compromised or lost by you as the result of the reservation, if the order is changed, altered, cancelled or postponed.

 When an order is cancelled the deposit towards the full amount will be lost as a financial compensation paid to Helichrysum-italicum.com.

1.   The deposit is paid for the particular order sent (ex the next production time) and cannot be postponed to be used year 2, 3 or else.

2.   When an order is downgraded ( and not sooner than 60 days before anticipated dispatch ) a penalty of 50% of the original order will be deducted of the final amount agreed.

3.   The new price applicable for the new amount ordered will the one used at the time of the change and not the one agreed at the reservation.

4.   When an order and deposit has been paid it is intended to make expedition in the course of July soon after production unless stock is available before of if we produce sooner such as late June . To do so we request the balance to be settled before expedition. The balance should be paid on request, usually in June early July. Failure to do so could result in default payment notification.

5.   Default payment will be notified by email with recorded letter to follow. The date of the email is the official date of the default unless stated otherwise. When a default payment occurs all deposit moneys / reservations amounts are lost (compensation fee) and the oil will be sold to other interested parties.

6.  In no circumstances will we send all or part of any oil corresponding to moneys paid.

7.   Reservation of the oil or payment of balance at time of expedition will not be linked with the quality / analysis of the oil, simply because we have no command on this (unless we send oil corresponding to previous campaign of which we have analysis ) . According to mother nature and weather, fluctuation in the profile the pending campaign the oil can happen both in cultivated or wild product. Please refer to analysis of previous year to have an good idea of what is available.

2-f Faulty Goods
 
If a packaging arrives damaged the content in the case of aluminium bottles will not be damaged or altered while the outer packaging or bottle could be indented due to transport. If the bottle is damage please your must tell us within same day of delivering in order for us to act quickly with the delivery agent. You must also verify the content of the parcel and state on the POD anny issues. Alternatively you have the gight not to accept it.
 Please note that our oil and macerate are a "living product" : components are changing in time due to different factors such as storage temperature, age, oxygenation, UV and light, etc. Several customers have done analysis of oil purposely aged of 1, 2 and 3 years and found that component are "getting better" such as the famous "Neryl Acetate". As a consequence they sell ( as well as we do ) as vintage for a premium price. Read here please
When it is known, usually before first expedition, all analysis are posted online truly reflecting reality. However, we cannot guaranty that you will receive the oil corresponding to any particular field unless it is expressly agreed and confirmed at time of order / reservation for both processor and field based on reference of previous year.

 3- Prices of products for sale 
 
a-The prices if shown on this Site are in pounds sterling £ GBP by default and it is  stipulated that products ordered are invoiced at the price in force when the order is registered

 b-Please be certain to select the right currency as any mistakes in the matter will not be accepted. The exchange is the spot rate calculated at the time of the purchase by the system or our bank usually.  We cannot accept anything linked with the exchange rate accepted by you at time of ordering as we have no control over it. All payment made by wire bank transfer are net / net and we expect to be credited the net amount invoiced.
 
c-Cart do not include duty (custom) charges, which are invoiced in addition to the price of the purchased products, according to the total amount of the order. Shipping charges will be shown before the Customer is asked to confirm the order. Duty charges are invoiced to you directly according to the law of your country by your own local authority or DHL...(see above please ).
 
d-The total cost of your order is the price of the products ordered and delivery charges as set out in the Delivery section of the Site . The Vendor takes no responsibility for any taxes or duties, if any, charged at port of entry according to the laws of the importing country.
 
 4- Orders
 
All orders imply full and unreserved acceptance of these Terms of Sale.
 
The Customer accepts that the Vendor's order registration systems are proof of the nature of the agreement and its date. When a quote is made the order is fully confirmed when the Customer declares that they accept either by email or by deposit of a wire. A summary of the Quote / order can be printed. Once the Quote / order has been registered, a detailed acknowledgement is sent to the Customer at the e-mail address provided. This acknowledgement specifies the exact amount invoiced and details of delivery.
 
Note that if the country of expedition or the delivery address or method is selected incorrectly, it needs to be rectified correctly before expedition takes place. This acknowledgement implies acceptance of the order and confirms the transaction, subject to order payment. In the event of one or more products being unavailable once the order has been placed, the Customer will be notified by e-mail.
 
The amount of the order will be recalculated, and the Customer will have a new amount, with the price of the unavailable products deducted, or deposit made. If the whole order is unavailable, the Customer will be notified by e-mail and will not be invoiced. The Vendor does however reserve the right to suspend or cancel any quote / order placed by a Customer with whom a dispute exists regarding the payment of a previous or pending Quote / order, or for any other legitimate reason, related to the unusual nature of the order or default sent upon failure to pay balance.
 
5- Payments 
 
a- To pay for their quote / order / invoice, the Customer must use the following method of payment: Bank card up to £3000 but only wire bank transfer above this amount. Again, the currency of payment is GBP pound Sterling. It is the full responsibility of the buyer to ensure that the exact credit of the invoice is made. We do not accept to pay your bank charges or exchange discrepancy or else.
 
b-Various bank cards can be accepted on the Site according to our processing partner, Stripe. or Paypal. The Customer guarantees the Vendor that they have been granted any authorizations required to use their chosen method of payment, when registering the purchase order. In the event of non-payment of any amount owed by the Customer, or of any adverse payment circumstances, the Vendor reserves the right to suspend or cancel any order and/or delivery, whatever their nature or state of progress. Charges on any unpaid amount will be automatically incurred at the legal interest rate plus 5 percent following a period of ten days from the invoice date, or immediately after notification of rejected bank payment for all other means of payment. As part of the measures taken to prevent fraud over the Internet, information concerning the Customer’s order may be sent to any competent authority for verification.

 6- Order : Delivery and Incoterms 
 
  Delivery costs from DHL are consultable here The products will be delivered to the address provided by the Customer when placing their order by Master Cards, American Express and Visa or wire bank transfer. Orders will be delivered within an average of 2 to 4 days as from the day on which the Vendor effectively receives the money of order, and destination according to the selected method of delivery  

We deliver the goods in accordance with the delivery protocols of DHL. Any delivery timescales quoted to you are indicative only. Orders may be delivered -rarely-in one or more parts. We do not accept any liability whatsoever for delayed delivery caused by any third party, as well as missed deliveries inclusive of goods delivered at the wrong address.
 
EXW – Note that all most of our expeditions are ofter made Ex Works sometimes FOB.  The buyer bears all costs and risks involved in taking the goods from the seller's premises to the desired destination. “Ex Works” means that the seller delivers when it places the goods at the disposal of the buyer at seller’s premises either with DHL ( Helichrysum-italicum.com transporter ) or the buyer own transporter . The seller does not need to load the goods on any collecting vehicle, nor does it need to clear the goods for export, where such clearance is applicable. Note that it is a requisite that Helichrysum-italicum.com is notified by the buyer if the transporter is changed. Sometimes buyers prefer to use their own freight forwarders. ( FOB free on board whem we deliver a port to load goods on ship, ofter floral water )
 
The seller makes also the goods available at its premises while the buyer is responsible for unloading. The buyer pays all transportation costs if any and bears the risks for bringing the goods to their final destination. All loss or breaking in transit is the responsibility of the buyer and Helichrysum-italicum.com decline all responsibility. Note that it is the full responsibility of the buyer to get full authorizations to import the goods in his country before expedition. The  custom duty, clearance is at the charge of the buyer. Helichrysum-italicum.com will not be responsible for any customs issues at port of entry. ( Read please point 6a below )
 
6a- Order Delivery (insurance)
 
We encourage the buyer to insure their purchase. the DHL premium is about 1.5% in case of international delivery of the total value purchased or insured as we can insure your purchase against breaking's or loss until the delivery is effective. Insurance is contracted with our carriers DHL, Fedex and UPS . Please ask the cost of insurance before purchase.

Please send us an email before buying if it is online or offline too for us to be able to cover your expedition with the insurance payment. If no insurance is contracted the goods will travel at your own risk from the very moment DHL scan and pick up the parcel in our premises . Timed AWB is forwarded to you at time of collection. Note when you use your own transporter the insurance is also your responsibly and our responsibility will end at the very second that the box is collected.
 
For the insurance to be activated, all boxes and contents must be inspected upon delivery and any damaged or missing goods have to be fully documented in front of the driver on the proof of delivery as our liability ends at the moment the goods have been handed over to the carrier. Further more no claims can be accepted after delivery and the driver gone.
 
6b- Order Delivery (goods)
 
We only accept definite orders paid for in full prior to expedition. When you decide to order and pay for your goods we will assume that you either trust the quality of our products or have validated a sample prior to your purchase.
 
If an oil analysis is needed to validate the delivery of our essential oil , we do request the buyer to organise a sworn lawyer to be present and accept the products at the time of delivery : On the proof of delivery note any remarks on the POD, in front of driver. Due to the high cost of the E.O we cannot accept any comments made on any bottle or analysis unless the bottles(s) is (are) only opened by a reputable well known laboratory after expedition to this laboratory unopened and handed to them by a reputable sworn registered lawyer that will proceed to the expedition with tracking and subsequent report to us in due course.

We request to approve the professional lawyer that you want to approve before expedition is made . This lawyer MUST be present at time of delivery and duly accept the goods himself. Please note that in the case of several bottles ordered and received, the whole unbroken box / package with unopened bottles (seal unbroken) must be sent in the same conditions immediately upon reception, with advance notice received by your lawyer so the laboratory can receive the oil expedited from your lawyer . We will request please a separate analysis for each bottles . Note that each bottles will need to get a unique reference to be recorded by the laboratory at time of analysis.

Our Helichrysum Italicum essential oil is made from the plant of the same name collected from our Corsican farm plants and origins, either from the wild or cultivated. Distillation is made in Corsica up to 25 kg of oil. In the pick of production we sometimes transport overnight several metric tons of plants & buds by truck to the south of France in Provence near Marseille at our main other family distillation plant (usually specialised in Lavender oil) . This distillery can process up to 150 kg of oil at any one time. We do not export Lavender and sell it only to mainland France  Once oil is distilled, it is transported in the UK by DHL to our main global headquarters and distributed worldwide subsequently  .
We reserve the right to contest anything if something appear to be wrong later outside the above protocol. The importer should liaise with his local authorities in order to validate all import permits needs / before placing the order . For the USA read please.

6c Shipping and Payment .

We ship B2C with DHL ( or DHL parcels in the UK mainland ) to all countries listed online. Our minimum online purchase is 0.00 and the maximum online purchase is £3000. Over this amount for B2B only wire transfer payments are accepted prior to expedition and other countries 
 
 7- Sample
 
They are very much representative but not necessary 100% accurate in the case of oil is concerned as variation may occur according to climate, time of year or parcel location collection unless a batch number is provided. All conditions above and below applying to the main order delivery , applies also to the samples.

Note again that in the case of cultivated essential oil the samples might be coming from a different field. We will not accept to be held responsible if some differences occur between samples and main delivery. We cannot accept in no cases whatsoever to keep your goods while you are checking your samples. We operate a first come first serve policy. As far as wild essential oil all our collectors ( 80 families ) are bases in Porto Vecchio. Zonza, Palneca, Calvi, Porto, Agriates and Cap Corse. Our steam processing equipment allows us to process 150 kg of buds to achieve about 200 gr of oil. This happens in June and August In the full season between in July, we send our buds in Provence where members or our family is based processing different other plants of their vicinity. They can distill up to 5 tons of buds in one go. and it is heaven for us.
 
8- Right of withdrawal
 
For a B to B business transaction the right to withdrawal does not apply. It does only for orders in B to C status (business to consumer ) if notified before expedition. Any order placed in the trade section of our web site or directly by email implied that they are made by a company, even if an individual is paying for them, without naming his company.
 
8a- Right of Cancellation (except trade) : If a product is ordered and paid for, the customer except companies has however the right to cancel his order. To do so a request for refund should reach us within 2 days* of the pre-payment in full and in all cases before expedition. This does not supersede the reservation conditions of sales above that prevails.
 
9- Instructions for returning products ( non professionals only )
 
Please note that a valid reason after 2 days is needed in order to be fully refunded. For instance a change of mind is not valid . Returning the product because they have not been accepted at point of entry by customs is not a valid reason or because you did not realise that duty was due or VAT paid to your authorities in order to be delivered. Great Britain ceased to be an EEC country in 2016, with free trade with the EEC for instance. We make our sales as stated above on an ex-work basis. It is the customers responsibility to ensure that they have all the proper authorisation to import the product before it is bought. 

No opened bottles with tampered seals or jars etc will be accepted as a return as the quality could be compromised even with extreme due dilligence, as well as contamination with covid 19. The return , under valid reasons, must be made by a sworn lawyer in writing on his letter head that attest that he was present on the day of delivery and constated that the bottle was delivered un-opened ( seal unbroken ) . You must tell if it is the case that this procedure was respected same day of delivery with your solicitor witnessing the the POD of delivery. In case of analysis the bottle must be send by your layer to an approved laboratory that we will recommend to use.
 
10- Retention of title
 
All products remain the exclusive property of the Vendor until such a time as payment of the sale price, including the principal, extra costs and taxes has been made in full. However they are the full property of the buying company that has prepaid the product on an EXW basis.
 
11- Liability
 
The Vendor cannot be held liable for non-fulfilment of contracts due to stock shortages, except for cases of special price offers not intended to lower stock levels, or in the event of product unavailability due to force majeure and acts of God.
 
The Vendor accepts no liability or be held liable for non-fulfilment of contracts due to third parties inclusive of carriers or transporters.

 12- Intellectual property
 
In accordance with legislation governing the ownership of literary and artistic rights, or other similar rights, this Site and all the elements, brands, drawings, models, photographs, texts, illustrations, logos, sequences whether animated or not and with or without sound, graphics, etc., to be found in this site, together with their compilation, are the exclusive property of the Vendor, as it does not grant any license or any entitlement other than that of consulting the Site.
 
Any use or reproduction, in whole or in part, of these elements is authorized exclusively for information purposes only for personal and private use, with any reproduction and any use of copies made for other purposes being expressly prohibited. Neither the Site (in whole or in part), nor its content or brands may be used, reproduced, duplicated, sold, resold, made accessible, modified, or exploited in any other way, in whole or in part, for any purpose whatsoever, without prior, written authorization from the Vendor. Any other use constitutes infringement.
 
13- Applicable law
 
These terms and conditions are governed by English law. Any dispute arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the Courts of England and Wales. When you place an order you implicitly and irrevocably accept our conditions of sales.
 
14- Data processing and Civil liberties
 
The data collected will be processed for the purpose of sending out a newsletter and/or processing the Customer’s order. The recipients of the data are the Vendor and its service providers. The Customer has the right to access, change, correct and delete personal information concerning them by contacting the Vendor by email.
 
Updated in Ajaccio ( Corsica, France ) on the 25th March 2024 and revised in the UK on the 29th March 2024 for and on behalf of Helichrysum Italicum Limited