Terms and Conditions

Our terms and conditions for the sale of goods govern any contract for sale we enter into with you. They can not adversely affect your Statutory Rights under UK (or Scottish) Law as an EU consumer dealing with a UK registered company, and your Rights are quite easy to enforce. Our brief guide: Helping you to investigate Your (UK) Rights, gives a summary and a few links to relevant Governing websites.

Purchases made by companies are not covered by normal UK consumer legislation; we may agree different terms and conditions with you before purchase, if neccessary.

1. The language for any purchases made through our websites is UK English.
2. The price you see on the webpage is the price you pay (barring errors). Any price change will be clearly notified on the pages, with at least one month notice. Please be aware that your web browser may store pages locally on your computer, and also that your ISP (Internet Service Provider) may store pages in a local "cache" for faster browsing. We are not responsible for out of date information stored outside our control.
3. All prices quoted and payments taken are in GB Pounds Sterling (GBP) and include UK VAT at the appropriate rate (usually 20%). Credit and debit cards will be billed in GB pounds sterling, they may appear on your statement in your local currency. Any country prices we may give are indicative only, we are not responsible for your card company's conversion rate.
4. You are responsible for all handling and payment of any local state or country taxes you may be liable for. For deliveries to the EU and some other countries, there should normally be none applicable.
5. If you order personalised goods you will not have an automatic right to cancel under the Distance Selling Regulations.
6. We provide a secure ordering facility from our main website, https://www.totallyherby.com. This helps to protect your personal details, and your credit card details. If you use one of our unsecured website order pages, you may not have the same protection.
7. When you order online, receipt of your order by our system will be acknowledged via our thank you web page. For security reasons we do not acknowledge automatically by email.
8. The goods are as described. If the goods you order are not in stock, we will not substitute any other goods. In addition, if there will be any delay of more than a week, we will confirm with you first that you wish to proceed with your purchase.
9. Goods remain our property until payment in full is received (normally by credit or debit card, electronic fund transfer, or cleared cheque if ordered by post). If there is any problem with your order we will contact you by email or phone.
10. Elmbronze Ltd had our own merchant facility with the Bank of Scotland since 1998, we're now with Streamline (Royal Bank of Scotland) through FSB - Federation of Small Businesses; we have had no chargebacks. We take care of your card and personal details, and no third party (except by transmission) is involved in any card transaction. Your card details are safe with us, we use them only for your purchase or any associated refund. We do NOT use CCA (Continuous Credit Authority).
11. We will not take any payment until we have the goods in stock, and are ready to dispatch them, unless for special arrangements (such as personalised goods) we require a deposit. Payment is not cleared over the internet, it is taken using our own terminal (as a cardholder not present transaction - CNP).
12. Because of our fast dispatch, written confirmation of your order and cancellation rights will be enclosed with the goods you order.

1. Most of our goods are directly manufactured by us and we nearly always have these in stock. Your order will often be dispatched the same day, or usually otherwise by last post on the next working day (often including Saturdays). Rarely it will take a little longer.
2. Delivery will normally be by Royal Mail, First Class post to the UK, and Airmail outwith the UK. Though we find the Royal Mail normally delivers reliably next working day in the UK, we can not be responsible for any delay they may cause, nor do we guarantee a delivery date to you. If your order is conditional on an imminent delivery date, we reserve the right to refuse your order, as your right to cancel under Distance Selling Regulations causes us loss. We do however, try to dispatch urgent requests immediately.
3. If you are in a hurry, we can send goods to you by Special Delivery at your cost, we find this very reliable. We may be able to arrange a courier at your cost. The extra delivery costs for these services are normally non-refundable.
4. Please make adequate arrangements to accept delivery; if attempts to deliver the goods to your address are unsuccessful we reserve the right to charge you for any extra postage or delivery costs incurred by us as a result. If you have difficulties in being able to accept deliveries on various days, please tell us and we will try to help you, perhaps by delaying posting for a day or two.
5. If you do not receive your goods within 7 working days in the UK (14 in Europe, around 21 elsewhere) please inform us by email or phone, fax or letter. Please tell us if you still want the goods, or wish to cancel your order.
6. If you paid extra for Special Delivery or courier, and do not receive your goods in the specified time please inform us, and we will refund the extra charge for this service. We may request you to put this in writing so we can recover the cost from the Royal Mail or courier.

1. If you change your mind or notice a mistake after you place your order, please tell us immediately as we may not have dispatched your goods (if they're packed up we can just unpack them). Phone is quickest, as we normally dispatch soon after order.
2. Cancellation of orders should normally be made by post, fax or email; we also allow you to cancel by phone, we may ask you for details about your order for security.
3. A request for Cancellation before dispatch of the goods ordered will be accepted (except for personalised goods for which cancellation may be refused or a partial refund offered to cover our costs). If we have incurred Extra Cost for a service, e.g. for a courier we can not cancel, you will be liable for this cost. If your payment has been taken prior to dispatch, we will refund in full including postage, but not the Extra Cost.
4. If we accept your cancellation for goods that have been dispatched, you are obliged to retain possession of the goods and take good care of them. You must return them to us unused or unopened, or if you require us to collect them (only for UK consumers), tell us in writing and we will arrange this and give you prior written notice of the collection; we don't recommend collection for small orders, as the cost to you will be high. Return of cancelled goods to us is at Your expense and risk, we do not refund your postage cost; the cost of our postage for sending your order is also NOT refundable, nor is the extra cost for a service such as Special Delivery or a courier. The appropriate Refund will be made after inspection of the goods returned. There are no restocking or administration charges.
5. For EU consumers only, under the UK Consumer Protection (Distance Selling) Regulations 2000 you have the right to cancel if you have bought online, by phone by fax or mail order, as long as this is done within 14 working days from the day after you actually receive the goods. You should cancel in writing - by letter, fax or email; in addition to this statutory right, we allow you to cancel by phone, please have details of your order so we can verify your identity for security. Even if you made a mistake and ordered the wrong goods or quantity, you still have your right to cancel under Distance Selling Regulations (DSR). The right of cancellation does not apply to personalised goods; we may at our discretion agree to cancellation and return of goods which are reworkable, with a charge to cover our costs, deducted from the amount refunded to you. Return and refund and deductions are as described above for cancellation for goods that have been dispatched, i.e. at your cost and risk.
6. We appreciate that our goods are often bought before going on holiday, if these do not arrive in time you may not be able to cancel within 14 days of delivery as required by the Distance Selling Regulations (as amended by the EU Consumer Rights Directive). Contact us, and we will try and accomodate your wishes.
7. You are not obliged to tell us the reason for cancellation, but please do if you can. After 3 customers ordered the wrong quantity we changed our order pages to allow manual entry of the quantity; our previous pull down list was a little tricky (of course in this case we refunded them the cost of returning the extra goods).
8. For customers from outside the European Union, we regret that due to the extra costs of our postage we are normally unable to accept cancellation of orders after dispatch; but we may by arrangement accept a return of the goods in perfect condition, at your cost and risk, for a partial refund.

1. Please inform us (if possible by email or phone) of the problem as soon as possible, and tell us whether you require a replacement or a full refund including postage.
2. Even if you have signed for the goods on delivery, your Rights are not usually affected.
3. If the goods you receive are Damaged in transit, we may ask you to put this in writing and return the goods at our cost so we can obtain compensation from the Royal Mail or courier. This should normally be done within 14 days of receipt of the damaged goods.
4. If we supplied you with the Wrong Goods, we may request you to return them to us at our cost. You are obliged to keep them in good condition for return. This should all be done reasonably soon after purchase, not later than 30 days.
5. If your goods are Faulty when you open or start to use them, we may request you to return the goods so we can investigate our problem. You should first decide whether the fault was due to poor storage or damage by you, as this is not our responsibility. Please be aware that though for some goods any fault should be notified within 3 or 6 months, for other goods you have up to 5 years if the fault was due to manufacture or poor workmanship. Rarely, for instance, a spray head has no aperture to release spray; because of the very fine mist spray we use this is nearly impossible to detect during our quality control inspections.
6. If the goods we supply are Incorrectly Described on our website or literature, notify us as above for Wrong Goods. You may also consider complaining to us, and in severe cases to Trading Standards. Please let us investigate first, we may have made a silly mistake on our website or literature.
7. Return of damaged, wrong, faulty or incorrectly described goods, if required by us, is at Our expense and risk.
8. If through our fault we have not contacted you within 30 days of your (received) communication about any due return, the goods are yours. We will not attempt to take payment from your card for these goods, and will apply any refund due quickly.
9. If you want replacement goods we will give this Priority. When things go wrong they must be corrrected.
10. If you bought your goods as a present and there is some delay before the problem is found please contact us anyway, as we may be able to accept a return from you.
11. For faulty or incorrect supply we will automatically consider compensation, such as a free product, e.g. a spray. If we don't mention it, please feel free to remind us!
12. If you received goods from us but didn't place an order, didn't pay, you've never even heard of us, don't worry. You can treat these as Unsolicited Goods - and keep them as a wee present. We cannot demand payment from you by law, and you are under no obligation to return them to us. Please do inform us so we can find out what went wrong, and who is still patiently waiting for their goods!

1. Returns should be discussed with us in advance, and be made within 30 days of our agreement, unless otherwise agreed.
2. Goods should be securely wrapped to avoid damage in transit. Enclose brief details of the goods ordered and date, with your name and address, and an email address or phone number we can contact you on if neccessary. Send to:
   Elmbronze Ltd
   Unit 5
   Keppenburn Workshops
   Fairlie
   KA29 0AS
   Scotland, UK
3. Please get a Certificate of Posting (it's free) and a receipt for postage, and keep them safely until we have acknowledged receipt, made your refund, or sent you the replacement. For larger orders we may request you to use Recorded Delivery or a courier, in which case please return the goods to our Registered Address near the bottom of this page (and keep the receipts).

1. Where return of goods is required by us, any refund will be made on receipt and inspection of the returned goods.
2. Refunds will be made in GB Pounds Sterling and include any UK VAT charged. This will be to your card if you used a card, or by cheque if you paid by cheque or electronic fund transfer.
3. For refunds due under UK Regulations we must make you a full refund of your purchase price as soon as possible, and in any case within a maximum of 14 days. Any deductions for postage and delivery are described above in the relevant sections.
4. We normally refund within 7-14 days or sooner.

1. Sprays may clog - they can usually be cleared by removing the spray head and washing with hot water, or with diluted baby bottle sterilising fluid - it's usually an organic deposit from the herbs.
2. Sprays will usually form a deposit at the bottom of the bottle, as they're made from fresh herbs, not from distilled essential oils. You can shake the bottle which will usually remix the contents, sometimes after storing for some time the deposit will harden. This is normal and should not affect the effectiveness of the spray.
3. This part will grow, and eventually be moved somewhere else more appropriate.
4. We plan to provide Allergy information in the future. Please also report any allergic reactions to us. None have been reported so far.

1. Complain to us first please, by phone, email, fax or post to our trading address or registered address at the bottom of this page. You should get a quick response as we get very few complaints.
2. To Consumer Direct (UK), phone 08454 040506, website https://www.gov.uk/consumer-protection-rights.
3. To Trading Standards. You can visit their website https://www.tradingstandards.uk/consumers/support-advice. Or you can complain to your local office who will probably route it to our local office in Irvine, or you can send your complaint direct to Irvine at the address:
   North Ayrshire Council, Trading Standards, Bridgegate House, Irvine, North Ayrshire, KA12 8BD, Scotland, UK.
   Phone number for Ayr is 01294 324900, fax 01294 324918, email tradingstandards@north-ayrshire.gov.uk, or website https://www.north-ayrshire.gov.uk.
4. We can help you - and Trading Standards by passing on your complaint to our local Trading Standards Office (Ayr), this will enable us and them to have a common reference number to speed resolution of your complaint. We will pass on your complaint, perhaps with our reply. Maybe you think you're in the right, and we think we are, let them decide. If you don't hear from them or us within 2 weeks, please resend your complaint directly to them.
5. To Watchdog!

1. Head Net is too small (2010). We found an error on the back label, and also improved the website to better describe the size. Full refund given including all postage.
2. Netting not 1.1 metre wide (2010). Our cutters were cutting 101 cm, not 110cm. Corrected and customer given 3 metre pack free.
3. Ireland - goods not delivered (2010). They were returned to us as incomplete address (absolute nonsense), we won't use Parcelforce Worldwide again.
4. Candle in tin doesn't burn for 18 hours (2009). Correct! Burning time was wrongly tested, is 12 hours. Customer given free candle tins.
5. Wrong goods sent. This will happen rarely (we hope), resending correct goods is top priority and we automatically compensate.
6. Replying to an order (about 2005), we included card details - a potential security breach. Our software now automatically strips off card details in replies.
7. Won't buy from you again unless your website is secure (about 2004). Got SSL (card detail encryption), customer card details via internet protected.
8. Possibly more to come from the past, I forget and will check out in Autumn 2010.

Our company and sales, contracts and dealings with you are governed by Scots Law under the exclusive jurisdiction of the Scottish Courts.

It is our policy to notify the police of any fraudulent activity and co-operate fully with resulting prosecutions.

Please see our privacy policies and website usage policy - to make a long story short, we totally respect your rights to privacy, so please respect our rights to our own websites.

Many of our products have their own websites, so we can better describe each single product. Click here for the list. BE CAREFUL of any websites not listed there that look identical to ours and appear to sell our products, they are probably fraudulent. If you have any doubts about the authenticity of any website, order directly from this website: https://www.totallyherby.com. This has its identity and geographical address details assured by the EV SSL certificate authority. It is better to be safe and avoid phishing (attempts to secure your card details for fraudulent use). Please report anything suspicious to us, we can notify the police if neccessary.

Our products are also now sold from third party websites not under our control, these will USUALLY be listed here.

Any purchase you make with them is bound by their terms and conditions, and you should try to resolve any problems directly with them. If you don't succeed please contact us as manufacturers and we will investigate. In this case we reserve the right, at our discretion, to take steps to make you happy again.

For Goods bought from a shop or other retail outlet, your normal recourse is through the shop you bought the goods from. We appreciate however, that you may well have bought these on holiday, so if return to and refund from the shop is not easily possible please contact us. As manufacturers we are ultimately responsible for the Quality of our goods. We have over 300 outlets, so they are not listed here.

We may from time to time co-operate with third parties, and with their complementary products or services, but if you deal with them it is their responsibility, and you should resolve problems with them. If you have no success, please contact us and we may investigate.

We have set up a webpage that gives links to online official or well-known websites for you to check our identity.

Our Products are owned and manufactured by or for Totally Herby of Scotland, a trading name of Elmbronze Ltd, registered 1994 in Scotland no. SC150540, registered address: 6 Anthony Road, Largs, Ayrshire, KA30 8EQ, Scotland, UK. Please send all orders and letters to our trading address below: Elmbronze Ltd, Unit 5 Keppenburn Workshops, Fairlie, Ayrshire, KA29 0AS, Scotland, UK. Contact email . . or Phone us: +44-(0)1475-689274. Prices are in GB Pounds Sterling (GBP) and include VAT. VAT no 659 1878 80.

We stand by our Products, our Quality and our Service, and we hope you enjoy them all.
It's our intention to trade in Good Faith and strive earnestly to keep your Good Will and your Custom.