PLEASE READ THESE TERMS & CONDITIONS CAREFULLY BEFORE PLACING YOUR ORDER.
1. FORMATION OF THE CONTRACT
1.1 These terms of sale (“Terms”) apply to goods supplied by GinsengMagic.com of Advericom Ltd, a registered company in England as Company No: 5666135, (“GinsengMagic.com”), Frovi House, 284B Chase Road, Southgate, London, N14 6HF and ordered from GinsengMagic.com's website at www.ginsengmagic.com.
1.2 These Terms should be read carefully by you before you place an order for goods from GinsengMagic.com. You will be asked to accept these Terms before placing your order. If you do not accept these Terms you should not place an order.
1.3 No contract exists between you and GinsengMagic.com for the sale of any goods until GinsengMagic.com has received and accepted your order and sends you confirmation by writing or email to the address or email you have given. GinsengMagic.com shall not be under any obligation to accept your order but once it has done so by sending you confirmation by writing or email there is a binding legal contract between you and GinsengMagic.com.
1.4 You must be sixteen (16) years of age or older to order from the Website and by accepting these Terms you are confirming to us that you no less than sixteen years of age.
1.5 Any contract between you and GinsengMagic.com is subject to your right of cancellation if you are a consumer (see 5 below)
1.6 GinsengMagic.com may change these Terms without notice to you in relation to future sales.
2. AVAILABILITY, DESCRIPTION, SPECIFICATION AND PRICE OF THE GOODS
2.1 All goods are subject to availability. If on receipt of your order the goods you have ordered are not available in stock, GinsengMagic.com will inform you as soon as possible, and refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.
2.2 The description, specification and price of the goods you order will be as shown on the Website at the time you place your order.
2.3 Subject to 2.4 below, the price of the goods will be the price quoted on the Website at the date the order is received. All prices are quoted in UK pounds sterling and will, unless specified to the contrary on the Website, exclude packaging and delivery charges.
2.4 Every effort will be made to ensure that prices shown on the Website are accurate at the time you place your order. If an error is found prior to despatch of the goods, GinsengMagic.com will inform you as soon as possible and offer you the option of reconfirming your order at the correct price or cancelling your order. If you cancel, GinsengMagic.com will refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods
2.5 Where the goods are supplied for export from the United Kingdom, you will be liable for complying with any legislation or regulations governing the importation of the goods into the country of destination and for the payment of any import duties or taxes which are levied on them.
3. PAYMENT
3.1 Payment for the goods and delivery charges can be made by any credit card that is shown as acceptable on the Website at the time you place your order (presently being Visa, MasterCard, Delta, Maestro & Solo)
3.2 All deliveries are subject to prior authorisation of your payment.
4. DELIVERY AND RISK
4.1 The goods you order will be delivered to the address you give when you place your order, subject to confirmation of your order by GinsengMagic.com.
4.2 All products ordered from GinsengMagic.com shall be sent to you via Royal Mail (occasionally a commercial courier service may be used instead). GinsengMagic.com shall endeavour to despatch orders within 5 working days after receiving payment from you or within such other period indicated at the time you place your order.
4.3 Delivery charges vary according to the destination and weight of your parcel. If the cost of sending your parcel exceeds the standard charge we have implemented for your region, we may email you with a revised cost which we request you pay before we despatch your order.
4.4 If GinsengMagic.com is informed that delivery cannot be made to your address, GinsengMagic.com will inform you as soon as possible, and refund or re-credit you for any sum that has been paid by you or debited from your credit card for delivery.
4.5 Every effort will be made to deliver the goods within a reasonable time period. If GinsengMagic.com is unable to deliver the goods within 30 days of receiving your order, GinsengMagic.com will inform you as soon as possible and you will be entitled to cancel the order and obtain a refund or re-credit for any sum that has been paid by you or debited from you credit card for the goods. GinsengMagic.com will not be liable for any loss or damage suffered by you through any reasonable or unavoidable delay in delivery.
4.6 You will become the owner of the goods you ordered and responsible for risk of loss or damage to them once they have been delivered to you.
5. YOUR RIGHT OF CANCELLATION
5.1 Your purchase is covered under the Distance Selling Regulations, which give you the right to cancel your purchase within seven working days after the day they receive the item.
5.2 To exercise your right of cancellation, you must give written notice to GinsengMagic.com by hand or post; or email info@ginsengmagic.com, giving details of the goods ordered and their delivery address.
5.3 If you exercise your right of cancellation after the goods have been delivered to you, you must return the goods to GinsengMagic.com at your own cost, in unused and otherwise re-saleable condition. The goods must be returned to the address shown above by registered post. The goods must be adequately sealed in the original packaging and you must take reasonable care to ensure the goods are not damaged whilst in your possession or in transit.
5.4 Once you have notified us that you are cancelling your contract, any sum debited to us from your credit card will be re-credited to your account as soon as possible and in any event within 30 days of your order PROVIDED THAT the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.
6. OUR RIGHT OF CANCELLATION
6.1 We reserve the right to cancel the contract between us if:
6.1.1 we have insufficient stock to deliver the goods you have ordered;
6.1.2 we do not deliver to your area; or
6.1.3 one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
6.2 If we do cancel your contract we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
7. DELIVERY OF GOODS TO YOU
7.1 We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order.
7.2 Delivery will be made as soon as possible after your order is accepted and in any event within 30 days of your order.
7.3 You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
8. LIABILITY
8.1 GinsengMagic.com shall not be responsible for any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party.
8.2 If the goods supplied to you are in any way defective or you have any other complaint about the goods, you should notify GinsengMagic.com by post or email in accordance with the contact details above.
8.3 GinsengMagic.com will not be liable for losses relating to any business (such as lost profits or consequential loss) which arise from any failure by GinsengMagic.com to supply the goods in accordance with the contract.
8.4 We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
8.5 Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any terms of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
9. DATA PROTECTION
9.1 GinsengMagic.com will take all reasonable precautions to keep the details of your order and payment secure but unless GinsengMagic.com is negligent GinsengMagic.com will not be liable for unauthorised access to information supplied by you.
9.2 You acknowledge and agree to be bound by the terms of our privacy policy.
10. INTELLECTUAL PROPERTY
10.1 All copyright in the material contained on the Website and any trademarks and brands included in that material belong to GinsengMagic.com or its licensors.
10.2 You may download or copy the content and other downloadable items displayed on the Website solely for personal non-commercial purposes for the purposes of placing an order. Copying or storing the contents of the Website for any other purpose is expressly prohibited.
11. ENTIRE AGREEMENT
11.1 These terms and conditions, together with our current website prices, delivery details, contact details and privacy policy, set out the whole of our agreement relating to the supply of goods to you by us. Nothing said by any sales person on our behalf should be understood as a variation to these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
12. GOVERNING LAW
12.1 The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.