SHIPPING & RETURNS TERMS & CONDITIONS

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1 SHIPPING & RETURNS TERMS & CONDITIONS Please read these Shipping & Returns terms and conditions set out below carefully before ordering any Products from the HerbGrocer Website. By ordering any Products from the Website you agree to be bound by these terms and conditions. 1. Definitions a) Agreement is a reference to these Shipping & Returns Terms and Conditions, any order form and payment instructions provided to you; b) Products is a reference to any Products which we may offer for sale from the HerbGrocer website from time to time; c) you, your and yours are references to you the person accessing this Website and ordering any from the Website, operated by us; d) we, us and our are references to Miracle Oils Asia LLP, 10-16, Block B, Gateway Corporate Suites, Jalan Desa Kiara, Kuala Lumpur; e) Website is a reference to the HerbGrocer website from which we offer our Products or third party Products for sale; f) "Overseas Customer" is a reference to any person accessing or passing an order on the Website who is not located in Malaysia and/or requests elivery of purchased products to any location outside Malaysia; and g) "Shipping Agent" is a reference to the entity that will deliver the products to locations within or outside Malaysia 2. Ordering a) Any contract for the supply of Products from the Website is between you and us to the exclusion of all others. b) You agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of ordering. You also warrant that the credit or debit card details that you provide is your own credit or debit card and that you have sufficient funds to make the payment. c) You agree that Products purchased from us from this Website are intended for your use only and you warrant that any Products purchased by you are not for resale and that you are acting as principal only and not as agent for another party. d) We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of 1

2 negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website. e) Any order that you place with us is subject to product availability and acceptance by us. When you place your order online we will send you an to confirm that we have received it. This confirmation will be produced automatically so that you have confirmation of your order details. The fact that you receive an automatic confirmation does not necessarily an that we will be able to meet your order. Once we have sent the confirmation we will then check availability and contact you with a further . If the Products are available and the details of the order are correct, this will be deemed an acceptance and will specify delivery details and confirm the price of the Products purchased. If the Products or any part of your order are not available we will also let you know by . f) All prices listed on the Website are correct at the time of publication however we reserve the right to alter these in the future. We also reserve the right to alter the Products available for sale on the Website and to discontinue any product line or service. g) If you are an Overseas Customer, when you place an order for Products from us, you expressly accept that you will be importing these items to your location from the country of origin. The price of the Products does NOT include nor will we pay on your behalf, local duties, import levies and sales taxes due in your country. 3. Prices and Payment a) All prices listed on the Website are correct at the time of publication however we reserve the right to alter these in the future. Prices are inclusive of all taxes, duties and levies from the country of origin. These local dues will be paid separately by us, on your behalf or through the Shipping Agent. b) When you order Products from the Website a delivery charge contribution will be applied depending on your location. Details of this cost are provided on the Website and on your order. The total price for Products ordered, including the delivery contribution, will be displayed and on the Website when you place your order and will be itemized on your invoice. c) You must pay for your order before it is dispatched and you can do so by debit or credit card. To ensure that shopping online is secure, your debit/credit card details will be encrypted to prevent the possibility of someone being able to read them as they are sent over the internet. Your credit card company may also do security checks to confirm it is you making the order. 4. Delivery a) Delivery periods quoted at the time of ordering are approximate only and may vary. Products will be delivered to the address nominated by you at the 2

3 time of ordering. PO address service is not available for local or international orders. A telephone number of the recipient of the Products will be required. b) Time is not of the essence for the delivery of any Products supplied under this Agreement. c) All international orders are delivered by the Shipping Agent, a reputable courier, usually DHL, FedEx, UPS or TNT, with full tracking facilities. We will make every effort to deliver within the time stated however we will not be liable for any loss caused to you by late ordering. If the Products are not delivered within the estimated delivery time which we quote, please contact us by telephone or and we will try to ensure that you receive your order as quickly as possible. d) No refunds of the delivery charge are made for late deliveries. e) Incomplete orders must be notified to us as soon as possible following delivery and within 3 days of delivery. We will either arrange for the missing items to be delivered to you at no extra cost or refund you the original cost of the missing items. f) All risk in the Products shall pass to you as soon as the Products are in the possession of the Shipping Agent. g) If you fail to accept delivery of the Products at the time they are ready for delivery, or we are unable to deliver the Products at the nominated time due to your failure to provide appropriate instructions, documentation, licences, consents or authorisations, then the Products shall be deemed to have been delivered to you. Any storage, insurance and other costs which we incur as a result of the inability to deliver the Products shall be your responsibility and you shall indemnify us in full for such cost. 5. Cancellation and Returns a) We offer all customers a money-back guarantee. If you are not satisfied with your purchase, contact us within 7 days of receipt and prior to returning your item. We will then give you advice on how best to return the Products depending on validity and verification of dissatisfaction. Placing an order in error does not qualify as dissatisfaction. Please therefore choose your Products with great care. b) We are unable to offer exchanges or refunds on used or soiled Products, or Products which have become damaged due to being used by you. Only items in an as new condition in original packaging may be returned. We reserve the right to refuse a return on any Product that does not meet these requirements. c) We are not responsible for any Products lost or damaged in transit when returned. It is therefore recommended that you insure items sent and use a courier service for larger times. 3

4 d) Please note that postage/shipping/courier/insurance/handling costs are not refundable unless the product is considered faulty or defective. e) Refunds are issued at our discretion only after we have received and inspected your returned items. 6. Linked Sites There may be a number of links on the Website to third party websites and from third party websites to ours which we believe may be of interest to you. We do not represent the quality of the Products or services provided by such third parties nor do we have any control over the content or availability of such sites. We cannot accept any responsibility for the content of third party websites or the services or Products that they may provide to you. 7. Limitation of Liability a) Great care has been taken to ensure that the information available on this Website is correct and error free. We apologise for any errors or omissions that may have occurred. We cannot warrant that use of the Website will be error free or fit for purpose, timely, 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 and we make no warranty whatsoever, whether express or implied, on any matter relating to fitness for purpose, or accuracy. b) You expressly hereby agree to adhere to the user instructions and safety notices at all times when using the Products. c) We disclaim any and all liability to you for the supply of the Products to the fullest extent permissible under applicable law. This does not affect your statutory rights as a consumer. If we are found liable for any loss or damage to you such liability is limited to the amount you have paid for the relevant Products. We do not accept any liability for any loss, damage or expense, including any direct or indirect loss such as loss of profits to you howsoever arising. d) We do not accept any liability for any delays, failures, errors or omissions or loss of transmitted information, viruses or other contamination or destructive properties transmitted to you or your computer system via the Website. e) We shall not be held liable for any failure or delay in delivering Products where such failure arises as a result of any act or omission which is outside our reasonable control such as an act of God or those of third parties. f) The products sold by us originate from third parties and are provided for private domestic and consumer use only. Accordingly, we do not accept liability for any indirect loss, consequential loss, loss of data, loss of income 4

5 or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Website or for any Products purchased from us. g) To the extent required by the Laws of the country of origin, the Products comply with and meet all extant mandatory safety standards for traditional health products and supplements. The Products are not certified outside the country of origin and neither we nor the ultimate source of the Products warrant that the Products comply with the standards required for equivalent certification outside the country of origin. h) We have taken all reasonable steps to prevent internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the unlikely event of a breach in our secure computer servers or those of third parties. 8. General a) We may subcontract any part or parts of the Products that we provide to you from time to time and we may assign or novate any part or parts of our rights under these Shipping & Returns Terms and Conditions without your consent or any requirement to notify you. b) We may alter or vary these Terms and Conditions at any time without notice to you. c) These Terms and Conditions, the Cookies Policy, the Terms & Conditions of Usage of the Website and any order form and payment instructions constitute the entire agreement between you and us. No other terms whether expressed or implied shall form part of this Agreement. In the event of any conflict between these Terms and Conditions and any other term or provision on the Website, these Terms and Conditions shall prevail. In all contexts and circumstances any Agreement will between you and us exclusively. d) If any term or condition of our Agreement shall be deemed invalid, illegal or unenforceable, the parties hereby agree that such term or condition shall be deemed to be deleted and the remainder of the Agreement shall continue in force without such term or condition. e) These Terms and Conditions and our Agreement shall be governed by and construed in accordance with the laws of Malaysia. In the event of any dispute arising, the parties hereto submit to the exclusive jurisdiction of the courts of Malaysia. f) No delay or failure on our part to enforce our rights or remedies under the Agreement shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing. 5