Terms & Conditions
Terms & Conditions
This agreement applies as between you, the User of this Website and VHAR, the owner(s) of this Website. Your agreement to comply with and be bound by Clauses 1, 2, 5 – 12 and 16 – 26 of these Terms and Conditions is deemed to occur upon your first use of the Website. Clauses 3, 4, and 13 – 15 apply only to the sale of Goods. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.
No part of this Website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and Our acceptance of that offer is deemed to occur upon Our sending an order confirmation email to you indicating that your order has been fulfilled and is on its way to you.
1. Definitions and
Interpretation
In this Agreement the following terms shall have the
following meanings:
“Account” means collectively the personal information,
Payment Information and credentials used by Users to access Paid Content and /
or any communications System on the Website;
“Carrier” means any third party responsible for
transporting purchased Goods from our Premises to customers;
“Content” means any text, graphics, images, audio, video,
software, data compilations and any other form of information capable of being
stored in a computer that appears on or forms part of this Website;
“Goods” means any products that VHAR advertises and / or
makes available for sale through this Website;
“Service” means collectively any online facilities,
tools, services or information that Harmony makes available through the Website
either now or in the future;
“Payment Information” means any details required for the
purchase of Goods from this Website. This includes, but is not limited to,
credit / debit card numbers, bank account numbers and sort codes;
“Premises” Means Our place(s) of business located at 15763, Ornelas St, Irwindale, CA 91706;
“System” means any online communications infrastructure
that Harmony makes available through the Website either now or in the future.
This includes, but is not limited to, web-based email, message boards, live
chat facilities and email links;
“User” / “Users” means any third party that accesses the
Website and ig not employed by VHAR and
acting in the course of their employment;
“Website” means the website that you are currently using
(https://www.vharcbd.com/) and any sub-domains of this site (e.g.
subdomain.https://www.vharcbd.com/) unless expressly excluded by their own
terms and conditions;
“We/Us/Our” means vhar, a company registered in United
States of America under the name VHAR CBD;
“Account” means collectively the personal information,
Payment Information and credentials used by Users to access Paid Content and /
or any communications System on the Website;
2. Age Restrictions
Persons under the age of 18 should not use this Website.
3. Business Customers
These Terms and Conditions do not apply to customers
buying Goods in the course of business.
4. International Customers
If Goods are being ordered from outside the USA, import
duties and taxes may be incurred once your Goods reach their destination. We
are not responsible for these charges and We undertake to make no calculations
or estimates in this regard. If you are buying internationally, you are advised
to contact your local customs authorities for further details on costs and
procedures. As the purchaser of the Goods, you will also be the importer of
record and as such should ensure that your purchase is in full compliance with
the laws of the country into which the Goods are being imported. Please be
aware that Goods may be inspected on arrival at port for customs purposes and
that We cannot guarantee that the packaging of your Goods will be free of signs
of tampering. Please also be aware that England consumer protection laws may not
apply.
5. Intellectual Property
5.1 Subject to the exceptions in Clause 6 of these Terms
and Conditions, all Content included on the Website, unless uploaded by Users,
including, but not limited to, text, graphics, logos, icons, images, sound
clips, video clips, data compilations, page layout, underlying code and
software is the property of VHAR, Our affiliates or other relevant third
parties. By continuing to use the Website you acknowledge that such material is
protected by applicable England and international intellectual property and
other laws. 5.2 Subject to Clause 7 you may not reproduce, copy, distribute,
store or in any other fashion re-use material from the Website unless otherwise
indicated on the Website or unless given Our express written permission to do
so.
6. Third Party Intellectual
Property
6.1 Unless otherwise expressly indicated, all
Intellectual Property rights including, but not limited to, Copyright and
Trademarks, in product images and descriptions belong to the manufacturers or distributors
of such products as may be applicable. 6.2 Subject to Clause 7 you may not
reproduce, copy, distribute, store or in any other fashion re-use such material
unless otherwise indicated on the Website or unless given express written
permission to do so by the relevant manufacturer or supplier.
7. Fair Use of Intellectual
Property
Material from the Website may be re-used without written
permission where any of the exceptions detailed in Chapter III of the Copyright
Designs and Patents Act 1988 apply.
8. Links to Other Websites
This Website may contain links to other sites. Unless
expressly stated, these sites are not under the control of VHAR or that of Our
affiliates. We assume no responsibility for the content of such websites and
disclaim liability for any and all forms of loss or damage arising out of the
use of them. The inclusion of a link to another site on this Website does not
imply any endorsement of the sites themselves or of those in control of them.
9. Links to this Website
Those wishing to place a link to this Website on other
sites may do so to the home page of the site https://www.vharcbd.com/ without
Our prior permission.
10. Use of Communications
Facilities
10.1 When using System on the Website you should do so in
accordance with the following rules. Failure to comply with these rules may
result in your Account being suspended or closed: 10.1.1 You must not use
obscene or vulgar language; 10.1.2 You must not submit Content that is unlawful
or otherwise objectionable. This includes, but is not limited to, Content that
is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
10.1.3 You must not submit Content that is intended to promote or incite
violence; 10.1.4 It is advised that submissions are made using the English
language(s) as We may be unable to respond to enquiries submitted in any other
languages; 10.1.5 The means by which you identify yourself must not violate
these Terms and Conditions or any applicable laws; 10.1.6 You must not
impersonate other people, particularly employees and representatives of VHAR or
Our affiliates; and 10.1.7 You must not use Our System for unauthorised
mass-communication such as “spam” or “junk mail”. 10.2 You acknowledge that VHAR
reserves the right to monitor any and all communications made to Us or using
Our System. 10.3 You acknowledge that Harmony may retain copies of any and all
communications made to Us or using Our System. 10.4 You acknowledge that any
information you send to Us through Our System may be modified by Us in any way
and you hereby waive your moral right to be identified as the author of such
information. Any restrictions you may wish to place upon Our use of such
information must be communicated to Us in advance and We reserve the right to
reject such terms and associated information.
11. Accounts
11.1 In order to purchase Goods on this Website and to
use certain other parts of the System, you are required to create an Account
which will contain certain personal details and Payment Information which may
vary based upon your use of the Website as We may not require Payment
Information until you wish to make a purchase. By continuing to use this
Website you represent and warrant that: 11.1.1 all information you submit is
accurate and truthful; 11.1.2 you have permission to submit Payment Information
where permission may be required; and 11.1.3 you will keep this information
accurate and up-to-date. Your creation of an Account is further affirmation of
your representation and warranty. 11.2 It is recommended that you do not share
your Account details, particularly your username and password. We accept no
liability for any losses or damages incurred as a result of your Account
details being shared by you. If you use a shared computer, it is recommended
that you do not save your Account details in your internet browser. 11.3 If you
have reason to believe that your Account details have been obtained by another
person without consent, you should contact Us immediately to suspend your
Account and cancel any unauthorised purchases that may be pending. Please be
aware that purchases can only be cancelled until they are dispatched. 11.4 When
choosing your username you are required to adhere to the terms set out above in
Clause 10. Any failure to do so could result in the suspension and/or deletion
of your Account.
12. Termination and
Cancellation of Accounts
12.1 Either VHAR or you may terminate your Account. If We
terminate your Account, you will be notified by email and an explanation for
the termination will be provided. Notwithstanding the foregoing, We reserve the
right to terminate without giving reasons. 12.2 If We terminate your Account,
any current or pending purchases on your Account will be cancelled and will be
dispatched. 12.3 We reserve the right to cancel purchases without stating
reasons, for any reason prior to processing payment and dispatch. 12.4 If
purchases are cancelled for any reason prior to dispatch you will be refunded
any sums paid in relation to those purchases within 14 calendar days. 12.5 If
you terminate your Account, any non-dispatched purchases will be cancelled and
you will be refunded any monies paid in relation to those purchases within 14
calendar days.
13. Goods, Pricing and Availability
13.1 Whilst every reasonable effort has been made to
ensure that all graphical representations and descriptions of Goods available
from Us correspond to the actual Goods, We are not responsible for variations
from such descriptions. This does not exclude Our liability for mistakes due to
negligence on Our part and refers only to minor variations of the correct
Goods, not different Goods altogether. Please refer to Clause 15.1 for
incorrect Goods. 13.2 Where appropriate, you may be required to select the
required model of the Goods that you are purchasing. 13.3 We neither represent
nor warrant that Goods will be available. Stock indications are not always
provided on the Website Such indications may not take into account sales that
have taken place during your visit to the Website. 13.4 All pricing information
on the Website is correct at the time of going online. We reserve the right to
change prices and alter or remove any special offers from time to time and as
necessary. 13.5 All prices for delivery within the US are shown VAT
included.
14. Orders and Delivery
14.1 No part of this Website constitutes a contractual
offer capable of acceptance. Your order constitutes a contractual offer that We
may, at Our sole discretion, accept. Our acceptance is indicated by Us sending
to you an order confirmation email. Only once We have sent you an order
confirmation email will there be a binding contract between VHAR and you. 14.2 Order confirmations under
sub-Clause 14.1 shall contain the following information: 14.2.1 Confirmation of
the Goods ordered including full details of the main characteristics of those
Goods; 14.2.2 Fully itemised pricing for the Goods ordered including, where
appropriate, taxes, delivery and other additional charges; 14.2.3 Estimated
delivery date(s) and time(s); 14.3 Order confirmations shall also be enclosed
on paper with your Goods. 14.4 If We, for any reason, do not accept your order,
no payment shall be taken under normal circumstances. In any event, any sums
paid by you in relation to that order will be refunded within 14 calendar days.
14.5 All Goods purchased by you will be delivered within 30 calendar days of
Our order confirmation unless otherwise agreed. 14.6 The risk in the Goods
shall remain with Us until they come into your physical possession.
15. Returns Policy
VHAR aims to always provide high quality Goods that are
fault free and undamaged. On occasion however, Goods may need to be returned.
Returns are governed by these Terms and Conditions. 15.1 If you receive Goods
which do not match those that you ordered, you should contact Us within 14
calendar days to arrange collection and return. You will be given the option to
have the Goods replaced with those ordered (if available) or to be refunded
through the payment method used by you when purchasing the Goods. Replacements
will be issued upon Our receipt of the returned Goods. Goods must be returned
in their original condition with all packaging and documentation. The packaging
does not need to be unopened. Refunds will be issued within 14 days after
receipt of the returned Goods and will include standard delivery charges. We
regret that additional costs such as express delivery and gift-wrapping cannot
be refunded. 15.2 If Goods are damaged in transit and the damage is apparent on
delivery, you should sign any applicable delivery note to the effect that the
Goods have been damaged. To return the damaged Goods, please contact Us within
14 calendar days to arrange collection and return. We are fully responsible for
paying shipment costs. You will be given the option to have the Goods replaced
or to be refunded through the payment method used by you when purchasing the
Goods. Replacements will be issued upon Our receipt of the returned Goods.
Refunds will be issued no later than 30 calendar days after receipt of the
returned Goods and will include standard delivery charges. We regret that
additional costs such as express delivery and gift-wrapping cannot be refunded.
15.3 If any Goods you have purchased have faults when they are delivered to
you, you should contact Us within 14 calendar days to arrange collection and
return. You will be given the option to have the Goods replaced or to be
refunded through the payment method used by you when purchasing the Goods. We
are fully responsible for paying shipment costs. Replacements will be issued
upon Our receipt of the returned Goods. Refunds will be issued within 14 days
and in any event no later than 30 calendar days after receipt of the returned
Goods and will include standard delivery charges. We regret that additional
costs such as express delivery and gift-wrapping cannot be refunded. 15.4 If
any Goods you have purchased develop faults within 14 calendar days of
delivery, you may be entitled to a replacement but not a refund. In order to
arrange for such a replacement you should contact Us within the 14calendar day
period to arrange collection and return. We will assess the Goods and alleged
faults upon receipt and if We conclude (at Our sole discretion, acting
reasonably and in good faith) determine that the fault is not a result of
mistreatment by you (deliberate, negligent or otherwise), We will issue
replacement Goods at no additional cost to you. 15.5 If any Goods develop
faults beyond 14 calendar days from delivery but within their warranty period,
you are entitled to a repair or replacement under the terms of that warranty.
Harmony is not a party to such warranties and you must therefore contact the
manufacturer of the Goods directly. 15.6 If you are a consumer based within the
European Union, you have a statutory right to a “cooling off” period. This
period begins once your order is complete and ends 14 calendar days after the
Goods have been delivered to you. If the Goods are delivered to you in
instalments, the 14 calendar day period begins on the day that you receive the
final instalment. If you change your mind about the goods within this period,
please inform Us within 14 calendar days of receipt. Goods must be returned to
Us within 14 calendar days of the day on which you inform Us that you wish to
return the Goods. You are responsible for paying return shipment costs if Goods
are returned for this reason. Refunds will be issued within 14 days and in any
event no later than 14 calendar days after you inform Us that you wish to
cancel under this provision and will include standard delivery charges. We
regret that additional costs such as express delivery and gift-wrapping cannot
be refunded. 15.7 VHAR may not be able to accept returns under the cooling off
period of the following types of Goods and/or taking into account the following
circumstances: 15.7.1 Goods made to your specifications or that have been
personalised; 15.7.2 Goods which are liable to deteriorate or expire rapidly;
15.7.3 Goods which are sealed for health or hygiene reasons that have been
unsealed after delivery; 15.7.4 Goods which are, after delivery, according to
their nature, inseparably mixed with other items; 15.7.5 Goods consisting of
audio or video recordings or computer software (including games) in sealed
packaging where the seal has been broken after delivery. 15.7.6 Any use or
enjoyment that you may have already had out of the Goods beyond handling them
to the extent necessary to establish the nature, characteristics and
functioning of them (such as you would, for example, handle a display item in a
shop). Please note that opening packaging does not prevent you from returning
Goods unless the Goods fall under sub-Clauses 15.7.3 or 15.7.5 and in any event
does not include the opening of delivery packaging, only the packaging of the
product itself.
16. Privacy
16.1 Use of the Website is also governed by Our Privacy
Policy (https://vharcbd.com/privacy) which is
incorporated into these Terms and Conditions by this reference. To view the
Privacy Policy, please click on the link above.
17. How We Use Your
Personal Information (Data Protection)
17.1 All personal information that We may collect
(including, but not limited to, your name and address) will be collected, used
and held in accordance with the provisions of the Data Protection Act 1998 and
your rights under that Act. 17.2 We may use your personal information to:
17.2.1 Provide Our Goods and services to you; 17.2.2 Process your payment for
the Goods; and 17.2.3 Inform you of new products and services available from
Us. You may request that We stop sending you this information at any time. 17.3
In certain circumstances (if, for example, you wish to purchase Goods on
credit), and with your consent, We may pass your personal information on to
credit reference agencies. These agencies are also bound by the Data Protection
Act 1998 and should use and hold your personal information accordingly. 17.4 We
will not pass on your personal information to any other third parties.
How you can access your personal information
1. You
are also entitled to ask us to port your personal information (i.e. to transfer
in a structured, commonly used and machine-readable format, to you), to erase
it, or restrict its processing. You also have rights to object to some
processing that is based on our legitimate interests, such as profiling that we
perform for the purposes of direct marketing, and, where we have asked for your
consent to process your data, to withdraw this consent as more fully described
below.
2. These
rights are limited in some situations – for example, we can demonstrate that we
have a legal requirement to process your personal information. In some
instances, this means that we may retain some data even if you withdraw your
consent.
3. Where
we require your personal information to comply with legal or contractual
obligations, then provision of such data is mandatory: if such data is not
provided, then we will not be able to manage our contractual relationship with
you, or to meet obligations placed on us. In all other cases, provision of
requested personal information is optional.
4. If
you have unresolved concerns you also have the right to complain to data
protection authorities. The relevant data protection authority will be the data
protection authority of the country: (i) of your habitual residence; (ii) of
your place of work; or (iii) in which you consider the alleged infringement has
occurred.
Both personal information and personal data have the same
meaning in the context of this Privacy Policy.
18. Disclaimers
18.1 We make no warranty or representation that the
Website will meet your requirements, that it will be of satisfactory quality,
that it will be fit for a particular purpose, that it will not infringe the
rights of third parties, that it will be compatible with all systems, that it
will be secure and that all information provided will be accurate. We make no
guarantee of any specific results from the use of Our services. 18.2 No part of
this Website is intended to constitute advice and the Content of this Website
should not be relied upon when making any decisions or taking any action of any
kind. 18.3 No part of this Website is intended to constitute a contractual
offer capable of acceptance. 18.4 Whilst We use all reasonable endeavours to
ensure that the Website is secure and free of errors, viruses and other
malware, you are strongly advised to take responsibility for your own internet
security, that of your personal details and your computers.
19. Changes to the Service and
these Terms and Conditions
We reserve the right to change the Website, its Content
or these Terms and Conditions at any time. You will be bound by any changes to
the Terms and Conditions from the first time you use the Website following the
changes. If We are required to make any changes to these Terms and Conditions
pertaining to the sale of Goods by law, these changes will apply automatically
to any orders currently pending in addition to any orders placed by you in the
future.
20. Availability of the
Website
20.1 The Website and any Service provided therein is
provided “as is” and on an “as available” basis. We give no warranty that the
Website or any Service will be free of defects and / or faults. To the maximum
extent permitted by the law We provide no warranties (express or implied) of
fitness for a particular purpose, accuracy of information, compatibility and
satisfactory quality. 20.2 We accept no liability for any disruption or
non-availability of the Website resulting from external causes including, but
not limited to, ISP equipment failure, host equipment failure, communications
network failure, power failure, natural events, acts of war or legal
restrictions and censorship.
21. Limitation of Liability
21.1 To the maximum extent permitted by law, We accept no
liability for any direct or indirect loss or damage, foreseeable or otherwise,
including any indirect, consequential, special or exemplary damages arising
from the use of the Website or any information contained therein. You should be
aware that you use the Website and its Content at your own risk. 21.2 Nothing
in these Terms and Conditions excludes or restricts VHAR’s liability for death
or personal injury resulting from any negligence or fraud on the part of VHAR.
21.3 Nothing in these Terms and Conditions excludes or restricts VHAR’s
liability for any direct or indirect loss or damage arising out of the
incorrect delivery of Goods or out of reliance on incorrect information
included on the Website. 21.4 In the event that any of these terms are found to
be unlawful, invalid or otherwise unenforceable, that term is to be deemed
severed from these Terms and Conditions and shall not affect the validity and
enforceability of the remaining Terms and Conditions. This term shall apply only
within jurisdictions where a particular term is illegal.
22. No Waiver
In the event that any party to these Terms and Conditions
fails to exercise any right or remedy contained herein, this shall not be
construed as a waiver of that right or remedy.
23. Previous Terms and
Conditions
In the event of any conflict between these Terms and
Conditions and any prior versions thereof, the provisions of these Terms and
Conditions shall prevail unless it is expressly stated otherwise.
24. Third Party Rights
Nothing in these Terms and Conditions shall confer any
rights upon any third party. The agreement created by these Terms and
Conditions is between you and Harmony.
25. Communications
25.1 All notices / communications shall be given to Us
either by post to Our Premises (see address above) or by email to info@vharcbd.com. Such
notice will be deemed received 3 days after posting if sent by first class
post, the day of sending if the email is received in full on a business day and
on the next business day if the email is sent on a weekend or public holiday.
25.2 We may from time to time, if you opt to receive it, send you information
about Our products and/or services. If you do not wish to receive such
information, please click on the Unsubscribe link in any email which you
receive from us.
26. Law and Jurisdiction
These Terms and Conditions and the relationship between
you and VHAR shall be governed by and construed in accordance with the Law of the
US and VHAR and you agree to submit to the exclusive jurisdiction of the Courts
of the US.