1.Orders All orders are accepted subject only to these Terms and Conditions which are not variable by any individual or party acting in any capacity whatsoever for, or on behalf of themselves or Western Botanical Medicine (hereinafter called "The Company"), excepting only as provided for in these Terms and Conditions.
2. Contract. The Company's on-line order form, or the customer's written or verbal Order shall be deemed as the contract in which the customer acting as the purchaser agrees to these terms and conditions, binding the purchaser to payment upon delivery if by prior arrangement of all, or any proportion of those goods so delivered.
3. Cancellation. Any Order received by the Company and confirmed in writing (by letter, facsimile or via the internet web site) will be the contract, binding the customer to acceptance and payment in full for the goods so ordered and when the goods become available and are delivered, unless, within sufficient time, the Company receives written notification of cancellation of the Order. In this context, the Company shall at its discretion absolutely define the term 'Sufficient Time' at the written request of the customer indicating a desire to exercise the option to cancel the order.
4. Non-delivery. All goods are offered and Orders are accepted provisionally until completed subject to availability and natural seasonal fluctuations. Orders which can only be part-filled will be correspondingly part-filled. The price for any proportion of the Order filled will be as agreed at the time of Order. The Company will not be liable for any inability or decision not to fulfil all or part of any order.
5. Shortages. Claims for short deliveries will not be entertained unless notified in writing within 7 days of reciept.
6. Specifications. Due to constant innovation, the company reserves the right to change specifications of preparations or alter prices without prior notice.
7. Products. The products supplied are natural products subject to a degree of variability. Anaylses, if provided, refer to the batch and date identified. Shelf-life will vary with storage conditions. Risk of spoilage passes to the customer on delivery. Store in cool dark air tight containers unless otherwise advised.
8. Preparations manufactured by Western Botanical Medicine. Any indication of usage or administration quoted on the web site is expressly withheld by Western Botanical Medicine. Use, resale, or administration of the products supplied by "The Company" becomes the sole responsibility of the purchaser, any arrising liability howsoever claimed, lies solely with the purchaser. A qualified physician or herbal medicine practitioner should always be consulted before using any products supplied by "The Company".
9. Shipping. All delivered goods are subject to a shipping charge which will be calculated with the order.
10. Price. The price is in US dollars quoted on the price list current at the time the order is invoiced, or accepted by the Company unless otherwise agreed in writing.
11. TAX. All invoices are subject to California sales tax where applicable at the prevailing rate.
12. Minimum Order. Value $50.00 before carriage costs.
13. Payment No orders will be accepted or despatched unless accompanied with payment in full, unless by prior arrangement.
15. Title of goods invoiced remains that of the company until paid for in full.
16. Law. Dealings of the company including the application of these Terms and Conditions will at all times be subject to the Law of the state of California, the courts of which will have sole jurisdiction in all matters pertaining.