Please read these Website Terms carefully before you start to use the Site. By using our Site, you indicate that you accept these Website Terms and that you agree to abide by them. If you do not agree to these Website Terms, you do not have our permission to use our Site.
This page (together with the documents referred to on it) tells you the terms and conditions on which you may make use of our website www.nealsyardremedies.com (ìWebsite Termsî) and the terms on which we sell our products to you (the "Product Terms").
2 Information about us
www.hopewindhealth.com (ìSiteî) is operated by Hopewind Health ("We", ìUsî, ìOurî or HopeWindî).
3 Accessing our website
Access to our Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Site without notice (see below). We will not be liable if for any reason our Site is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our Site. You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these terms, and that they comply with them.
4 Your user account
If you register with the Site for a user account you will have to choose a username (email address) and password. You will be responsible for keeping your username and password secret and for preventing unauthorized access to your account. You are responsible for all activities that occur using your account. You should take all necessary steps to ensure that your username and password are kept secret and secure and should inform us immediately by email to firstname.lastname@example.org if you have any reason to believe that your username and/or password have become known to anyone else, or if your account is being, or is likely to be, used in an unauthorized manner.
You must ensure that the details you provide us with are correct, complete and not inappropriate in any way. You agree to inform us immediately of any changes to the information that you provided when registering. You can access and update the information you provided us with in the My Account (Click Here) area of our Site.
5 Reliance on information posted
Important: Information on our Site is provided for information purposes only and is not a substitute for professional medical advice. Nothing on our Site is a recommendation as to how to treat any particular disease or health-related condition and not all conditions will respond to treatment with natural remedies. For serious conditions or advice on health conditions in general, you should visit a qualified medical practitioner.
Commentary and other materials posted on our Site are not intended to amount to advice on which any reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Site, or by anyone who may be informed of any of its contents.
We do our best to always ensure that the information on our Site is correct and accurate. Despite our best efforts the Site may contain errors. We do not accept liability for loss or damage caused by inaccurate information. If you spot information which you think is incorrect you can tell us at email@example.com.
6 Intellectual property rights
We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our Site for your personal reference and you may draw the attention of others to material posted on our Site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on our Site must always be acknowledged.
You must not use any part of the materials on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.
All logos, brands and trademarks used on the Site including, but not limited to, HopeWind Health are owned by HopeWind Health or its group companies. You may not use these without our consent.
7 Posting material and comments to our site
Whenever you post any comments or materials to the Site, you must comply with the content rules set out below. We will not be responsible, or liable to any third party, for the content or accuracy of any materials or posting posted by you. We have the right to remove any material or posting you make on our Site if, in our opinion, it does not comply with the content rules set out below.
We will fully cooperate with any law enforcement authorities or any court order requesting or directing us to disclose the identity of anyone posting or transmitting any information or materials on or through the Site. You must tell us as soon as you become aware of any unlawful or prohibited use of the Site by any third parties.
Any posting posted by you will be considered non-confidential and you will own the copyright in it. We have the right to use this material for any purpose and to display the name that you submit in connection with such material. We also have the right to disclose your identity to any third party who claims that any material posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy.
You are responsible for postings made on the Site using your user account and agree that you will not:
(a) post or include in any message or transfer to the Site, any material which is obscene, indecent, misleading, inaccurate, homophobic, sexually explicit, objectionable, racist, sexist or illegal;
(b) post or transfer anything to the Site which is damaging to our software, IT systems, data or the Site;
(c) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others (including rights of privacy and publicity);
(d) advertise or offer to sell any goods or services for a commercial purpose;
(e) conduct or forward surveys, contests, pyramids schemes, or chain letters;
(f) impersonate another person or entity or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels;
(g) use offensive or inappropriate user names or language;
(h) promote violence;
(i) send or post spam or spam links;
(j) infringe any copyright, database right or trade mark of any other person; and/or
(k) give the impression that the posting emanates from us, if this is not the case.
We advise that you do not reveal any personal information about yourself in any postings.
Whilst we have no obligation to actively moderate postings on the Site, you may report any material that you consider to be in breach of the rules set out above by emailing us at firstname.lastname@example.org. Where we receive a complaint, we will review the post or material in question and we reserve the right to disclose information necessary in order to satisfy applicable law or legal regulation, or to edit, refuse to post or remove any information or materials in whole or in part for whatever reason in our sole discretion.
8 Our site changes regularly
We aim to update our Site regularly, and may change the content at any time. If the need arises, we may suspend access to our Site, or close it indefinitely. Any of the material on our Site may be out of date at any given time, and we are under no obligation to update such material.
9 Information about you and your visits to the site
We process information about you. By using our Site, you consent to such processing and you warrant that all data provided by you is accurate.
10 Viruses, hacking and other offences
You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any material posted on it, or on any website linked to it.
11 Linking to our site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
Our Site must not be framed on any other website, nor may you create a link to any part of our Site other than the home page. We reserve the right to withdraw linking permission without notice.
The website from which you are linking must not contain any inappropriate, offensive or illegal content or any other content likely to damage the reputation of our brand.
If you wish to make any use of material on our Site other than that set out above, please address your request to email@example.com.
12 Links from our site
here our Site contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
14 Purchase of products
The following sections 14 to 27 set out some specific terms and conditions on which we supply products (the "Products") listed on the Site to you. By ordering any of our Products, you agree to be bound by these Product Terms. If you refuse to accept these Product Terms, you will not be able to order any of our Products from the Site.
15 Local laws
We do not accept any liability arising from any attempt by you to purchase or any subsequent delivery of Products if such action is prohibited or illegal where you are ordering from or having the Products delivered to. Legal advice should be taken in cases of doubt and you shall remain wholly responsible for ensuring that you are permitted to purchase our Products from where you access the Site from and import them.
16 Your status
To place an order on the Site you must be:
(a) legally capable of entering into binding contracts; and
(b) at least 18 years old, unless a parent or guardian is supervising you placing your order.
17 Product purchase and contract formation
After placing an order through our Site (or an order by telephone or post where you provide an email address), you will receive an e-mail from us acknowledging that we have received your order. We will confirm dispatch of your order to you by sending you an e-mail confirming that the Product has been dispatched (the "Dispatch Confirmation").
The contract between us (the "Contract") will only be formed when we take payment from you.
We may decline to accept an order in circumstances including but not limited to:
(a) your payment not being authorised;
(b) you not satisfying the status requirements set out above;
(c) Product(s) ordered not being available from stock and/or suppliers; or
(d) where a pricing or product description error has occurred.
We reserve the right to cancel orders without prior notice. If we cancel any order, it will be without charge to you and any payment taken for such order will be refunded to you in accordance with our Refund Policy set out below.
18 Consumer rights
Consumer rights - Cancellation of a Contract
If you would like to cancel a Contract, you may do so within 14 calendar days of receipt of your order. This is in-line with your rights as a consumer under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
A link to the details of this statutory right, and an explanation of how to exercise it, are provided in the Despatch Confirmation email and the Dispatch Note enclosed with your ordered Products. This provision does not affect your statutory rights.
To cancel a Contract, please let us know via email.
Returns & Exchange
We hope that you love the Products as much as we do. However, if youíve changed your mind about a Product and itís within 90 days of receipt of your order, weíll be happy to exchange it or give you a refund.
In Either Case
If youíve changed your mind, or have decided to cancel the Contract you will receive a full refund of the price paid for the Products in accordance with our Refund Policy set out below.
If youíve decided youíd like to exchange the Product, please let us know on the Despatch Note with the returned Product. If you have not told us that you would like to exchange the Product, we will provide a refund.
Unfortunately, due to health protection and hygiene reasons, we are unable to accept cancellation of a Contract or offer a refund or exchange on open products.
You must take reasonable care of the Products while they are in your possession and you will be responsible for any loss we incur if you do not take reasonable care. All that we ask is that the returned Product is sealed, hasnít been used and is in a re-saleable condition.
Simply post the Product to the Customer Services Team, HopeWind Health 2885 Sanford Ave SW #35136 Grandville, MI 49418 (including a copy of the dispatch note). As the postal system is outside of our control, Products are returned at your own risk.
19 Our refund policy
We will refund the price of the Products, our standard US delivery and reasonable return costs incurred if you have:
(a) cancelled the Contract in accordance with your legal rights under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013; or
(b) returned any unwanted Products to us within 90 days of your order; or
(c) notified us that you do not agree to a change in these Product Terms or in any related policies,
If you donít have the Despatch Note, weíll give you a Gift Voucher or E-Voucher to the value of the most recent selling price.
Any refund due to you will only be made to the same credit or debit card originally used (or in the form of other method of payment) by you to pay for your purchase. Any refund due will be processed no more than 21 days after we receive the Products.
If the Products are faulty, damaged in transport or mis-described, please return the Product to us as soon as possible: email our customer service department, firstname.lastname@example.org
We will examine the returned Product and notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 14 days of the day we confirmed to you via e-mail that you were entitled to a refund for the faulty, damaged or mis-described Product.
Products returned by you because of a fault, damage in transport or mis-described will be refunded in full, including a refund of the delivery charges for sending the item to you.
20 Availability and delivery
We aim to fulfil your order by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
- USPS (except where stated)
- Anytime from 8am - 5.30pm Monday - Friday
Should the recipient not be in, the parcel may be left at the entrance.
USA Standard (3 - 5 working days Monday - Friday)
(Up to 7 working days during Sale and Promotional Periods)
- FREE USA standard delivery on all orders over $79
- $7.99 on orders under $79
European (Within EEC)
- £11 Please allow up to 14 working days for delivery
International (Outside USA)
- $11.99 on orders under $149 Please allow up to 14 working days for delivery
- FREE on orders over $149. Please allow up to 14 working days for delivery
If you order Products from the Site for delivery outside the USA, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. Please note that you will remain responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
21. Price and payment
The price of any Products will be as quoted on the Site from time to time, except in cases of obvious error.
Prices exclude any delivery costs, which will be added to the total amount due.
Unless otherwise stated, promotional codes (including any displayed or offered by third parties) cannot be used against purchases of Gift Vouchers, E-Vouchers, Courses or Therapies or redeemed against delivery charges.
Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
Despite our best efforts, some of the Products listed on the Site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product's correct price is higher than the price stated on our Site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have confirmed your order or sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
Payment for all Products must be by credit or debit card, PayPal, cheque (mail order only) or using e-vouchers (website only) or gift vouchers (mail order only). We accept payment by all major credit and debit cards.
Paypal and E-Vouchers ñ payment for an order will be taken immediately.
Credit/Debit cards ñ payment will be taken on despatch of your order.
24 Practitioner discount
Our Practitioners & Student Discount Scheme is to enable practitioners and students of natural medicine to purchase some of the remedies that they use in their practice.
25 Events outside our control
We will not be liable or responsible for any failure to perform any obligations under a Contract or these Product Terms, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control.
26 Written communications
All notices given by you to us must be given to email@example.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our site, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
27 Our liability
The material displayed on our Site is provided without any guarantees, conditions or warranties as to its accuracy.
Our liability for losses you suffer as a result of your use of the Site, or any Product purchased is limited to the price of the Product purchased. If you did not purchase any Product then our liability is limited to £25.
Nothing in these Product Terms is intended to limit or exclude any statutory rights you may have as a consumer (if any) or limit our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.