Terms & Conditions
These Terms of Service (“Terms”) are effective as of : 1 January 2022 “Effective Date”
1. GENERAL
1.1 “CHINAHERB” means Chinaherb Proprietary Limited, registration number 2003/009141/07, a company registered in accordance with the laws of the Republic of South Africa having its principle place of business at North Gate Business Park, unit 16 and 17, Block B, Brooklyn, Cape Town, South Africa, 7405.
1.2 “Agreement” means this Term and Condition and to these terms and conditions when the client receives a proforma invoice, the Client agrees to pay in accordance with the date stated in the invoice.
1.3 Upon the Client placing a new or further order, it will automatically be accepted as the client’s full acknowledgement and acceptance of the terms and conditions as set out in this Agreement.
1.4 The Client’s order will not be confirmed, until a proforma invoice has been issued for payment of the applicable amounts.
1.5 Until all monies due reflects in the stipulated bank account, Chinaherb reserves the rights to all stock.
1.6 A quote is valid for a maximum period of 7 (seven) days from the date of issue.
1.7 All rates are subject to change up until the packed order has departed Chinaherb premises for delivery.
1.8 Interest will be charged on any overdue amounts at the prime lending rate of First National Bank from time to time plus 3.5%, calculated daily and compounded monthly in arrears.
1.9 Under no circumstances will any third party be allowed to change, alter, add-on, adjust or re-quote Chinaherb rates and or prices in any way. It is the Client’s responsibility to ensure that he/she/it is aware that all prices quoted to any third party by Chinaherb are accurate and correct.
1.10 In order to qualify to be a new client at Chinaherb, the following documents are required to be completed and signed by the Client and sent to Chinaherb representative at contact@chinaherb.co.za
1.12.1 Terms and Conditions to be initialled on each page
1.12.2 Copy of Passport or valid RSA I.D OR company/CC documents
1.12.3 Copy of business registration (if the Client is a business establishment)
1.12.4 Copy of The Health Professions Council of South Africa (HPCSA) certificate (if the Client is a health care professional)
2. PAYMENT TERMS
2.1 Payment Terms: All payments made by the Client are non-refundable. Each proforma invoice states the terms of payment. The following are its definitions:
2.1.1 “Due upon receipt”: The full amount of the proforma invoice is due before the order is shipped.
2.1.2 “7 day”: 100% (a hundred percent) payment of the proforma invoice is due on or before the 7th (seventh) day from the date when the invoice was first issued.
2.1.3 “Month end”: 100% (a hundred percent) payment of the proforma invoice is due on or before the last day of the month when invoice was first issued.
2.2 Chinaherb holds the right to determine which payment term applies to the Client.
2.3 Payment amounts and due dates must be strictly adhered to, to avoid any interest charges and/or cancellation of the order.
2.4 Chinaherb reserves the right to cancel any orders without notice and/or liability to the Client, if the Client does not adhere to the payment amounts and dates.
2.5 All forex bank charges to Chinaherb will be added to the Client’s invoice.
2.6 Chinaherb does not accept any cheque or cash payments.
2.7 Payments must be deposited into Chinaherb bank account as follows:
Bank: First National Bank (South Africa)
Account holder: Chinaherb Pty Ltd
Account number: 6289 3057 416
Branch: 250 655
Reference: Invoice number and surname or name of establishment
3. CHANGES TO EXISTING ORDER BY CLIENT
3.1 In the event that the Client wishes to change the order, such change request needs to be sent in writing to Chinaherb and the following conditions will apply:
3.1.1 The Client’s written request for such change must include the new order request and must be sent to Chinaherb before the original order has been packaged and picked up by the courier services.
3.1.1.1 Should Chinaherb have stock of the changes, then Chinaherb will send the Client a new proforma invoice. The Client will be liable to pay/top-up on demand for any additional costs and rates changes/fluctuations.
3.1.1.2 Should Chinaherb not have any availability of the additional stock, it may in its sole and absolute discretion not update the original proforma invoice.
3.2 In the event that the Client wishes to return the order or any part of an order that has already departed Chinaherb’s premises, then the following conditions will apply:
3.2.1 the Client will be held liable to pay for the full cost of returning the order or any parts thereof, as well as any additional cost and rates changes/fluctuations.
3.2.2 Upon the receipt of the returned stock, Chinaherb will inspect the product and determine whether the stock will be accepted at its own discretion. Any returned stock from the client shall only be accepted if all the following conditions are met:
3.2.2.1 All packaging material are undamaged and in its original condition. Any deviation from its original form will be rejected.
3.2.2.2 The bottle seal is undamaged, or the bottles are unopened.
3.2.2.3 The product still has 6 (six) months before its expiry date.
3.2.2.4 The client has proof that during the time that he/she had possession of the product, the products were stored as recommended on the packaging (In a cool and dry environment)
3.2.3 The client is responsible to keep a photo record of the condition of all stock. Should the stock be returned to us damaged in any way, it will not be accepted. The Client is still liable for the stock, until the stock reaches Chinaherb premises.
3.2.4 Any returned stock that is not accepted by Chinaherb will be returned to the Client at his/her own cost.
3.3 Chinaherb will not be held liable and the Client will not have any claim of whatsoever nature against Chinaherb as a result for any returns and/or order changes or cancellations made by the Client.
4. RETURNS AND EXCHANGE
4.1 If the Client wishes to return or exchange an order or part of the order, such request needs to be sent in writing to Chinaherb and receive confirmation before the package should be sent off.
4.2 It is the Client’s responsibility to make photo recordings of the conditions of the returned or exchanged stock prior to shipping. Once the stock reaches Chinaherb premises, the stock will be inspected in the condition that it is received in.
4.3 All returned stock is accepted only at the following premises:
Chinaherb Pty Ltd
North Gate Business Park
Unit 16 and 17, Block B
Brooklyn
Cape Town 7405
4.4 From the date that the Client receives the item to the day that the item is returned to Chinaherb’s premises, it should not exceed 15 (fifteen) days. Any stock exceeding 15 (fifteen days) will be returned to the Client at his/her/its own cost.
4.5 If the Client is shipping items over ZAR500.00 (Five hundred rand), the Client should consider using a trackable shipping service or purchasing shipping insurance. Chinaherb cannot guarantee that it will receive the returned item. Chinaherb shall not accept responsibility for any missing parcels.
4.6 Upon receipt of the returned stock, Chinaherb holds the right to inspect the stock and determine whether the returned stock will be accepted or not, or whether the stock qualifies for exchange. Refer to clause 3.2.2.
4.7 Allow up to 7 (seven) working days for the return or exchange to be processed.
4.8 Returned stock that has met all conditions under clause 3.2.2, will be recorded under the Client’s account as a Credit. The Credit amount will equal the amount that was paid by the Client on the original invoice. No cash or Electronic Fund Transfer (EFT) payments will be returned to the Client. The credit will be applied for future orders of the Client.
4.9 It is the Client’s responsibility to inspect the stock upon receipt. If the Client finds that any stock is damaged or defective upon receipt or the wrong stock was sent, the Client should notify Chinaherb within 5 (five) working days. The client should send proof to contact [at] chinaherb.co.za .
4.10 If the Client wishes to exchange the stock due to error made on the Client’s part, then the Client will be liable to bear all costs associated with the exchange.
4.11 Approved exchanges will be shipped to the client. Depending on the delivery location of the Client, the time it takes for the replacement product to reach the Client may vary.
4.12 Only once the proforma invoice has been paid, the full ownership of stock transfers to the Client. If the Client is not able to sell the stock 14 (fourteen) days after the receipt of the stock, the Client will no longer qualify for return or exchange of that stock. The Client may not make any claims against Chinaherb for any unsold stock.
5. INDEMNITY AND LIMITATION OF LIABILITY
5.1 Chinaherb, its employees and/or representatives will not be held liable for and the Client will not have any claim of whatsoever nature against Chinaherb as a result of:
5.1.1 Chinaherb not being able to provide any stock and/or cancel any stock as a result of Vis Major or any other sudden unforeseeable event that may prevent it from fulfilling its obligations in terms of this Agreement;
5.1.2 Any damage, loss, cost or claim that the Client may suffer or incur arising from any cancellation, postponement or termination for any reason contemplated in this agreement.
5.2 In the event that Chinaherb is found to be liable for any amount whatsoever, Chinaherb’s maximum aggregate liability shall not exceed the amount/s paid by the Client to Chinaherb for the immediately preceding 30 (thirty) day period.
6. VIS MAJOR
6.1 Chinaherb reserves the right to postpone or cancel any orders and terminate this agreement at any time on or before the delivery date, should Chinaherb be unable to deliver the stock in the event of any acts of vis major or any damage to the premises, including but not limited to fire, flooding, riots causing a shortage of labour, strikes that affect the direct safety of the Client or Chinaherb staff, industrial or political unrest on a mass scale, acts of God, pandemic and notifiable diseases or any such cause beyond the control of Chinaherb.
6.2 In the event of the agreement being terminated in the circumstances set forth in clause 6.1, Chinaherb shall repay the Client all the amounts paid under the agreement, subject to the deduction of any amounts equal to the sum of the charges incurred by Chinaherb up to the date of termination including pre-paid costs.
7. BREACH AND TERMINATION
7.1 Subject to the other provisions of the agreement, in the event that:
7.1.1 the Client fails to pay, or guarantee, any amount payable to Chinaherb on or before the dates contemplated herein or fails to comply, despite written demand, with one or more provisions of this Agreement all of which are regarded as material;
7.1.2 the Client is placed into liquidation or is sequestrated (whether provisionally or finally) or placed under business rescue;
7.1.3 the Client commits or causes or allows any breaches or any impending breach of the peace;
then Chinaherb shall, without prejudice to its rights at law or in terms hereof, be entitled to terminate this agreement and retain any and all amounts paid to Chinaherb as pre-estimated liquidated damages. Chinaherb will also be entitled to have any stock returned (if stock meets all requirements under clause 3.2.2).
7.2 Should the Client fail to remedy any breach capable of being remedied within 7 (seven) days of written demand, and without any further notice to the Client and without recourse to the courts and without thereby waiving its right to hold the Client liable for any loss or damages suffered and/or to demand specific performance or further compliance with terms of this Agreement, then Chinaherb shall be entitled to terminate this agreement.
7.3 The Client shall be liable and hereby agrees to pay to Chinaherb or its legal representatives on demand all tracing fees, legal costs on an attorney and own client scale and collection commissions payable by Chinaherb in respect of any action or proceedings which may be instituted against the Client in terms of or arising out of this Agreement including payment of any amounts due to Chinaherb.
7.4 Should the Client fail to settle what is owed to Chinaherb prior to or on the due date, a penalty will be charged to the Client’s account as stated under clause 1.8 from the first day after the due date of the pro-forma invoice.
7.5 Should the Client fail to settle any overdue amounts 14 (fourteen) days from the day that it is due (which is stated on the pro-forma invoice), the Client’s account will be frozen until the overdue amount is settled. Chinaherb will not be obliged to send any new stock to the account in the meantime.
8. JURISDICTION, VARIATION AND SEVERABILITY
8.1 The law of the Republic of South Africa shall apply to this Agreement and any other agreements concluded between the parties pursuant hereto and to the resulting legal relationship. Without limiting Chinaherb’s right to proceed in any Magistrates’ Court having jurisdiction, the parties hereby submit to the jurisdiction of the Western Cape High Court, Cape Town, in respect of any disputes which may arise between the parties.
8.2 No addition to or variation, consensual cancellation or novation of the agreement and no waiver of any right arising from the agreement or its breach or termination shall be of any force or effect unless reduced to writing and signed by Chinaherb and by or on behalf of the Client.
8.3 Save to the extent contemplated herein, the parties hereto acknowledge and agree that each phrase, sentence, paragraph and clause of the agreement is severable, the one from the other, notwithstanding the manner in which they may be linked together or grouped automatically and if in terms of any judgment or order, any phrase, sentence, paragraph or clause is found to be defective or unenforceable for any reason, the remaining phrases, sentences, paragraphs and clauses, as the case may be, shall nevertheless continue to be of full force and effect.