Terms and Conditions
We are essentially a B to B ( Business to Business ) company.
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 off line.
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.
Treadshire limited (hereinafter referred to as the Vendor as the context maybe) is a company registered in England and Wales. The Site enables to discover various products for sale to users browsing or companies contemplating engaging negociations with us. Again any order of Products offered on or off the Site implies consultation and express acceptance of these General Terms of Sale from Treadshire limited 170 Marlowes HP1 1BA Hemel Hempstead Herts UK.
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 provided that you do not modify or reproduce elsewhere any content without our prior written consent as all our pics are electronically stamped.
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
1.7 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 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 as a result of such linking.
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 as a result of using or buying from us or this website, more even so if you are a private individual and not a company. Some or all of the products should also 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- 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 :
2-a 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 moment you place an order or receive it. We cannot confirm the trade price of a product until your order is accepted in accordance with our order acceptance policy unless it is ordered online. All images appearing on our web site are non-contractual images.
2-b Trade purchase
EEC members supplying us with a valid VAT number will be exempt of VAT in their orders. Please contact us prior to bulk purchases. Note that in all cases the currency adopted will be Sterling GBP although you have the possibility ( online only) to choose and select your own currency .
If you have received an invoice from us please insure that your bank wires the proper net amount invoiced as we will not be able to release the order until we are fully credited ( see point 3 also please below )
2-C Trade purchase and reservation
Some products may be reserved in advance such as helichrysum Oil or hydrolat / floral water. In this case a deposit, towards your purchase will be required. Once the deposit has been paid an invoice will be issued. This 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 etc will be sent by email.
Please check your spam folder frequently as a precaution.
Treadshire limited cannot under any circumstances accept a change in the order and the deposit will be compromised in the result, if the order is changed, altered, cancelled or postponned.
2-D Faulty Goods
3- Prices of products for sale
a-The prices if shown on this Site are in pounds sterling by default and are guaranteed up with it being stipulated that products ordered are invoiced at the price in force when the order is registered. US $ dollars and European € euro are also available as well as other currencies as a added service but only for online orders.
b-Please be certain to select the right currency ( ex : yours ) 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. Select your currency at the top right of the product being purchased. We cannot accept anything linked with the exchange rate accepted by you at time of ordering as we have no control over it.
c-Cart may or may 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...
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.
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 the order is confirmed the Customer declares that they accept the order, together with these General Terms of Sale. A summary of the order can be printed. Once the order has been registered, a detailed acknowledgement of the order 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 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 be debited the new amount, with the price of the unavailable products deducted. If the whole order is unavailable, the Customer will be notified by e-mail and will not be debited. The Vendor does however reserve the right to suspend or cancel any order placed by a Customer with whom a dispute exists regarding the payment of a previous order, or for any other legitimate reason, in particular related to the unusual nature of the order.
a- To pay for their order, the Customer must use the following method of payment: Paypal or Bank card up to £1000 and only wire bank transfer above this amount. Again the currency of payment is GBP pound Sterning. It is the full responsibility of the buyer to insure that the exact credit of the invoice is made. We cannot accept to pay bank charges or else.
b-The following bank cards are accepted on the Site: Visa and MasterCard, Maestro. 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.
c-Paypal : Sometimes , for verification reasons Paypal does not release the money immediately. If the case occurs we will wait their “fund released” email to make expedition to you. Note also that in the case of payment with Paypal we can only use the address given by Paypal and cannot make expedition elsewhere.
6- Order Delivery
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. Orders will be delivered within an average of 2 to 6 days as from the day on which the Vendor receives effectively the money of order, according to the selected method of delivery and no later than 30 days as from reception of the order, subject to full payment of the price unless it is a reservation order. In this case it will be delivered when available.
We will deliver the goods in accordance with the delivery protocols of DHL. Any delivery timescales quoted to you are indicative only. Orders may be delivered in one or more parts. We do not accept any liability whatsoever for delayed delivery caused by any third party.
EXW – Note that all our expeditions are made Ex Works either from UK or France, whichever is more suitable for us at the time of expedition. Our condition of sales are always EXWORKS: The buyer bears all costs and risks involved in taking the goods from the seller's premises to the desired destination
The seller makes also the goods available at its premises. The buyer is responsible for unloading.
The buyer pays all transportation costs if any and also bears the risks for bringing the goods to their final destination. The seller doesn't load the goods on collecting vehicles and doesn't clear them for export. If the seller does load the good, he does so at buyer's risk and cost. If is implicitly assumed that buyer accept that seller loads the goods on departure and to bear the risk and all costs of such loading.
All loss or breaking in transit is the responsibility of the buyer and Treadshire limited decline all responsibility. Note that it is the full responsibility of the buyer to get full authorisations in order to import the goods in his country before expedition. All custom duty, clearance are at the charge of the buyer. Treadshire limited will not be responsible for any customs issues at port of entry. If the goods come back to origin their will be kept for the buyer to collect by any suitable means. No refunding will be provided.
6a- Order Delivery (insurance)
Should the buyer want to insure the good in transit,the DHL premium is 1.5% of the total value purchased and will insure your purchase against breaking's or loss until the delivery is effective. Insurance is contracted with our carrier. Please send us an email when buying on the web to receive a special invoice for the insurance payment.
For the insurance to be activated, all boxes and contents have to 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. ( Note that maximum insured value is £2500 per parcel when UK Parcel force is used ).
It is again precisely expressed that all offers are ex-works : this means that when the goods leave our depot, they travel at the customers risk. Any breakages or loss are excluded from our responsibilities. Insurance is available and in place, if needed to cover any risks.
All taxes and duties are the responsibility of the buyer in his country at port of entry. If goods are refused entry 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. On reception goods will be safely kept, ready for you to collect directly or with any transporters appointed by you. We can resend the parcel but transport will need to be paid again before expedition.
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.
The good should also be inspected at time of delivery. See also above point 2D. If an oil analysis is needed we request the company / buyer to organise a sworn lawyer to be present at the time of delivery, especially if the amount of essential oil involved an important amount , usually 500 gr +.
On the proof of delivery duly note any remarks on the POD, in front of driver, the following text should appear " we have received this oil unchecked. We have in the presence of the delivery man and our sworn lawyer (Name & address...) taken a sample of this oil that the lawyer himself will send for analysis (name & address of a reputable laboratory) ".
We reserve the right to contest anything if something appear to be wrong later outside the above protocol.
6c- Order Delivery (samples)
Samples are available online for a fee. Please buy them online prior to order. 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 essential oil the samples might be coming from a different field. We will not accept to be held responsible if some differences occurs between samples and main delivery. We cannot accept in no cases what so ever to keep your goods while you are checking your samples. We operate a first come first serve policy.
If you need a pre-sample before ordering please do so ordering online. Note that we distil oil in July every year and often we are out of sample from the previous campaign. However some of our customers might have some and upon request we will be happy to forward you the detail of our nearest customer to you . You may choose to wait our production to buy your sample but you may face the risk of having no oil left in our inventory when you do decide to order. You might question us and we can hopefully put you in contact with some of our customers in your vicinity in order to buy a representative sample fast and swiftly.
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 (trade)
If a product is ordered and paid for, the customer 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.
A processing fee retainer of 10% could be applied and deducted in this case. The refund of the balance will occur within 30 days at the most by crediting the CC used or paypal , which ever the case might be.
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. We make our sales as stated above on an ex-work basis. It is the customers responsibility to insure that they have all the proper authorisation to import the product before it is bought.
No opened bottles or jars etc will be accepted as a return as the quality could be compromised, altered in this case.
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.
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 for:
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
The sales of products of the Vendor are subject to UK law.
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.
Law and jurisdiction
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.
Updated Ajaccio 5th December 2018