2.1. These Terms and Conditions apply to Your purchase of any Products from Us on Our Website.

2.2. Please read these Terms and Conditions and the documents linked to these Terms and Conditions carefully. You will need to accept these Terms and Conditions before We will accept Your order.

2.3. We have tried to make these Terms and Conditions easy to understand but We do understand that You may feel uncertain about some sections when You read them. Our staff are here to help and will be more than happy to assist You with any query You may have.

2.4. If You have a query about these Terms and Conditions or do not accept them, please contact Us using the details in Clause 3 below.

2.5. A copy of these Terms and Conditions and all other documents which apply to Your purchase of a Product are available for You to read on Our Website.

2.6. If You would like this Contract in another format (for example: large print) please contact Us using the contact details in Clause 3 below.

3.1. Email: info@hitoshin.com

3.2. Website: dev.hitoshin.com.

3.3. Postal address: Meander 251, 6825MC Arnhem, NL

4.1. You may register an account with Us to purchase Products available on the Website (“Account”). By registering an Account this means that we will store Your information so that you can purchase Products faster in the future. Please note that You must register an account to purchase Products available on the Website using Subscribe and Save.

4.2. You must be at least 18 to register an Account with Us.

4.3. You must ensure that your username and password are kept secure and confidential. You are responsible for any activity on your Account. It is your sole responsibility to monitor and control access to and use of Your Account. You agree to keep your information accurate, complete and current.

5.1. You must be 18 to buy Products from our Website.

5.2. This Clause sets out how a legally binding contract will be formed between You and Us.

Completing the Order Form

5.3. To purchase Products on Our Website You will need to add Products to Your Shopping Cart. When you are ready to purchase Your Products you must checkout. When You checkout you must fill in and submit the online order form setting out Your personal information, delivery preferences and Your payment information (“Order Form”). You submit the Order Form by clicking on the ‘pay now’ button.

5.4. You should check the Order Form carefully before submitting it. In particular, You must ensure that You have filled in Your personal details on the Order Form correctly (especially Your email address and the delivery address and the Product(s) which You require) otherwise We will not be able to confirm Your order or send the correct Product(s) to You. If You need to correct any errors, You can do so before submitting the Order Form to Us.

Acceptance of an Order

5.5. Once You have submitted Your Order Form, We will acknowledge it by email (“Order Confirmation Email”). This does not mean that We have accepted Your order.

5.6. The Order Confirmation Email will include certain key information which We are required to send to You before a legally binding contract is formed between You and Us. The key information is important as it will form part of the Contract. We cannot change that key information once a legally binding contract has been formed unless You agree to it.

5.7. We will contact You if Your order has not been accepted. This will usually be because:

a) the Products are unavailable; or

b) We cannot authorise Your payment; or

c) You are not old enough to buy the Products from Us (18 years of age); or

d) there has been a mistake on the pricing or description of the Products.

5.8. We will send You an email as soon as possible to confirm that We have accepted Your order and that it is ready to be dispatched (“Dispatch Email”). The Dispatch Email will include Your order number and personal details (for example, Your delivery address) and will provide a link to these Terms and Conditions.

5.9. Once We have sent the Dispatch Email to You a legally binding Contract will be formed between You and Us and We will be required to send the Products to You.

5.10. Please note, You do have the right to cancel the Contract and We have set out how You can do that in Clause 11 (Cancellations) below.

6.1. We use a third party logistics provider and delivery partner which is called PostNL to deliver Our Products. The shipment of Our Products will be within 24 hours, after we received Your order.

6.2. Our Dispatch Email will confirm the details of Your order (including the products purchased) and provide You with tracking information so that you may track the delivery status of Your Order.

6.3. If something happens which is outside of Our control and affects the estimated date of delivery, We will give You a revised estimated date for delivery of the Products.

6.4. Delivery of the Products will take place when We deliver them to the address that You stated in the Order Form.

6.5. Unless You and We agree otherwise, if We cannot deliver the Products within 30 days, We will let You know, cancel Your order and give You a refund.

6.6. If nobody will be available to take delivery, please contact Us at info@hitoshin.com.

6.7. You are responsible for the Products when delivery has taken place. In other words, the risk in the Products passes to You when You take possession of the Products.

6.8. We may deliver the Products in installments. If You want to see whether the Products may be delivered in this way, visit the “Shipping and Delivery” page on the Website at any time during the online checkout process.

6.9. Delivery of the Products is subject to all applicable export control and economic sanctions laws, rules and requirements. By acquiring Products through the Website, You represent and warrant that Your acquisition comports with and your use of the Products will comport with those laws, rules and requirements. Without limiting the foregoing, You may not acquire Products through the Website if You are in, under the control of, or a national or resident of Cuba, Iran, North Korea, the Crimea region of Ukraine, Sudan or Syria.

Price

7.1. The price of the Products:

a) Is the price indicated on the order pages when You submitted Your Order Form;

b) is in Euro (€);

c) includes VAT at the applicable rate; and

d) does not include the cost of delivering the Products (if You want delivery options and costs, visit the Shipping and Delivery page on the Website).

7.2 We take all reasonable care to ensure that the price of the Product advised to You is correct. However, it is always possible that, despite Our best efforts, some of the Products We sell may be incorrectly priced. We will normally check prices before accepting Your order so that, where the Product’s correct price at Your order date is:

a) less than Our stated price at Your order date, We will charge the lower amount;

b) higher than Our stated price at Your order date, We will contact You for Your instructions before We accept Your order.

If We accept and process Your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by You as a mispricing, We may end the Contract, refund You any sums You have paid and require the return of any Products provided to You.

Payment

7.3. We accept payment by:

a) credit card;

b) iDeal;

c) Sofort banking

7.4. We will do all that We reasonably can to ensure that all of the information You give Us when or the Products is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on Our part We will not be legally responsible to You for any loss that You may suffer if a third party gains unauthorised access to any information that You give Us.

7.5. You will be charged after You click the ‘pay now’ button to place Your order for the Products.

7.6. If We do not accept Your order we will refund Your payment.

7.7. Nothing in this Clause affects Your legal rights to cancel the Contract during the ‘cooling off’ period under Clause 11 (Cancellations).

8.1. From time to time We may apply promotional prices to Products on Our Website. These promotional prices will only apply in the context in which the promotion is given and are subject to the terms of that promotion. To benefit from promotional prices, You must quote the relevant promotion code when You order (where applicable). We may update promotions at any time.

9.1. By law, We are required to supply goods which are as described by Us, fit for purpose and of satisfactory quality and are in conformity with the Contract.

9.2. Nothing in these terms will affect Your legal rights.

9.3. Please contact Us using the e-mail address info@hitoshin.com, if the Goods do not confirm to this Contract and You want:

a) Us to replace the Products; or

b) a price reduction; or

c) to reject the Products and get a refund.

10.1. The information We provide about our Products (including any content on Our Website) is not medical advice (diagnosis or treatment) and is provided for general information only. It is not intended to amount to advice on which You should rely and We are not authorised to provide medical or other professional advice. As such You should never use such information for the diagnosis or treatment of any health problem or in place of any medication or other treatment prescribed by a physician or other healthcare provider.

10.2. Please consult with Your physician or other healthcare provider if You have health-related questions before using the Products or relying on any information We provide in relation to the Products (including on Our Website). You should discuss any medications or nutritional supplements You are using with a healthcare provider before using any new medications or supplements.

11.1. If You are a consumer (i.e. not buying the Product(s) in the course of Your business, trade or profession), then You may cancel Your order for the Products within 14 days without giving any reason, except that You do not have a right to cancel Your order for products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them.

11.2. The cancellation period will expire after 14 days from the day on which You acquire, or a third party other than the carrier and indicated by You acquires, physical possession of the Products.

11.3. To exercise Your right of cancellation, You must:

a) inform Us (using the contact details set out in Clause 3 of these Terms and Conditions) of Your decision to cancel the order by a clear statement.

b) if You have received the Products relating to the order You wish to cancel, return those Product(s) to Us at the address stated on the delivery note provided with the Product(s) without undue delay and in any event within 14 days from the day on which You communicate Your cancellation to Us. The deadline is met if You return the Products before the 14 day period has expired. You will have to bear the direct costs of returning the Products.

11.4. To meet the cancellation deadline, it is sufficient for You to send Your notice of cancellation before the cancellation period has expired. If You return Product(s) to Us, We advise You to keep proof of postage.

11.5. If You decide to cancel Your order, We will reimburse You for all payments which We have received from You in relation to Your order, including the cost of delivery (except for the supplementary costs arising if You chose a type of delivery other than the least expensive option offered by Us).

11.6. We may make a deduction from the reimbursement for loss in value of the Products supplied, if the loss is the result of unnecessary handling by You.

11.7. We will make the reimbursement without undue delay, and no later than:

a) 14 days after the day We receive back from You the Products supplied; or

b) (if earlier), 14 days after the day You provide evidence that You have returned the Products to Us; or

c) if no Products were supplied to You, 14 days after the day on which We are informed about Your decision to cancel the order.

11.8. We will make the reimbursement using the same means of payment as You used for the initial transaction, unless You have expressly agreed otherwise You will not incur any fees as a result of the reimbursement. We may withhold reimbursement until We have received the Products back or You have supplied evidence of having sent the Products back, whichever is the earliest.

11.9. If You have received the Products prior to cancelling the order, You will only be liable for any diminished value of the Products resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Products.

11.10. No such rights of cancellation (as set out in Clauses 11.2 to 11.9 above) applies if You are purchasing the Product(s) otherwise than as a consumer.

12.1. All Products ordered by You will remain Our property until We have delivered the Products to the address stated in the Order Form.

13.1. “Subscribe and Save” is a subscription service offered by Us for the repeat supply and purchase of Your order for Products. Items which are eligible for Subscribe and Save will be marked accordingly on the relevant product page.

13.2. Subscribe and Save items will ship automatically based on the frequency that You select until You cancel.

13.3. By placing Your order You are authorising Us to charge You, using the payment information provided by You for future orders at the frequency You have selected.

13.4. We retain the right to amend the price of the applicable Subscribe and Save Product(s) that you select and the discount applicable to such Subscribe and Save Product(s). We will provide you with a minimum of 30 days’ notice prior to amending the price and/or discount. If You do not agree to any change to the price or discount applicable to the Product(s), You may cancel Your Subscribe and Save order in accordance with Clause 13.5 below.

13.5. You can pause, reschedule or cancel Your subscription to any Product, at any time. To update Your subscription, simply log in to Your Account and edit Your subscription.

13.6. We will e-mail You no less than three (3) days before We dispatch each of Your orders.

13.7. Your cancellation rights set out in Clause 11 (Cancellations) will apply to Products purchased using Subscribe and Save.

13.8. If You have any questions about Your subscription contact Us at info@hitoshin.com.

14.1. These Terms and Conditions do not exclude or limit Our liability (if any) for:

a) death or personal injury caused by Our negligence; or

b) fraud; or

c) fraudulent misrepresentation; or

d) any matter which it would be illegal for Us to exclude or attempt to exclude Our liability.

14.2. We are only liable to You for losses which You suffer as a direct result of Our breach of these Terms and Conditions and which are reasonably foreseeable. We are not liable for any other losses.

14.3. We are not responsible to You for any business losses that You may incur (including but not limited to lost profits, lost revenues, business interruption or lost data) or for losses to non-consumers.

14.4. You may have other rights granted by law and these Terms and Conditions do not affect these.

15.1. In purchasing a Product, You represent and agree that You are buying the Products solely for Your personal use, and not for business reasons (for example for resale or commercial distribution).

15.2. These Terms and Conditions are only available in English. No other languages will apply to these Terms and Conditions or any Contracts.

15.3. If You are unhappy with anything please contact Us so we can resolve the matter. However if We cannot resolve the dispute using Our internal complaint handling procedure You may wish to use an alternative dispute resolution process where an independent body seeks to resolve the matter. Disputes may be submitted for online resolution to the European Commission Online Dispute Resolution http://ec.europa.eu/odr platform. Before going through the Dispute Resolution process please contact Our team at info@hitoshin.com who will try and resolve the issue for You in the first instance.

15.4. All Contracts will be governed by Dutch law.

15.5. Any court proceedings must be taken at a court within the Netherlands.

15.6. You may not transfer any of Your rights under the Contract to any other person.

15.7. We may transfer any of Our rights under the Contract to any person or ask any person to fulfil any aspect of it so long as the performance of the Contract is not affected.

15.8. Only You and Us have any rights under the Contract. No other person shall have any rights under the Contract.

15.9. We may update, vary and amend these terms and conditions from time to time without prior notice. Each time You order or otherwise purchase a Product from us, the Terms in force at that time will apply (as set out on the Website). Please check on Our Website to ensure that you understand which Terms apply. These Terms were last updated on 3 June 2020.

15.10. You may not use Our (or members of Our group’s) trademarks or intellectual property without Our prior written consent.

15.11. We take responsibility for care of Your data very seriously. Please see Our privacy policy for information on how We process Your data.

15.12 As You are a consumer nothing in these Terms and Conditions will affect Your statutory rights.

1.1. These Terms of Use set out the basis on which you are allowed to use this website. If you have any questions about them or do not accept them, please contact info@hitoshin.com before using this website.

2.1. These Terms of Use relate to our website at dev.hitoshin.com.

We are Med Pharm Botanicals B.V. , a limited company registered in The Netherlands. Our registered office is Meander 251, 6825MC Arnhem. Our VAT number is NL861164039B01. Our KVK number is 77835670.

2.2. You can contact us by email at info@hitoshin.com.

3.1. You can use this website for your own personal, non-commercial use. We may make changes to our website from time to time. We cannot guarantee that our website will stay the same – we might change or remove it to improve our services or add new features.

3.2. We can’t guarantee that this website will be:

a) compatible with all or any hardware and software which you may use; or

b) available all the time or at any specific time.

4.1. This website and its contents are protected by intellectual property rights, and either belong to us or are licensed to us to use. You may not copy or use them for a commercial purpose without our consent in writing.

4.2. You may print or download content from this website for your own personal, non-commercial use or copy the content to other individuals for their personal information provided that:

a) no content is modified in any way;

b) no graphics are used separately from accompanying text;

c) our copyright and trademark notices appear in all copies and you acknowledge this website as the source of the material; and

d) the person to whom you provide these materials are made aware of these restrictions.

5.1. You can upload product reviews to our website for review and publication by us.

5.2. We can approach you for information to obtain a review of your customer experience.

6.1. You may register an account to purchase Products available on the Website (“Account”). By registering an Account this means that we will store your information so that you can purchase Products faster in the future. Please note that you must register an Account to purchase Products available on the Website using ‘Subscribe and Save’. Click here to Register an account.

6.2. You must be at least 18 years old to register an Account with us.

6.3. You must ensure that your username and password are kept secure and confidential. You are responsible for any activity on your Account. It is your sole responsibility to monitor and control access to and use of your Account. You agree to keep your information accurate, complete and current. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use.

6.4. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at info@hitoshin.com.

7.1. The content on our website is not medical advice (diagnosis or treatment) and is provided for general information only. It is not intended to amount to advice on which you should rely.

7.2. Although we provide information about our products on our website, neither our employees or any third parties referenced on our website are authorised to provide medical or other professional advice through our website. We also have not confirmed the qualifications of any third party referenced on our website, even if the qualifications of that third party are listed.

7.3. As a result, you should never use the information you obtain on our website for the diagnosis or treatment of any health problem or in place of any medication or other treatment prescribed by a physician or other healthcare provider.

7.4. Please consult with your physician or other healthcare provider if you have health-related questions before using any of our products or relying on any information you obtain on our website. You should discuss any medications or nutritional supplements you are using with a healthcare provider before using any new medications or supplements.

7.5. Although we make reasonable efforts to update the information on our website, we make no representations, warranties or guarantees, whether express or implied, that the content on our website is accurate, complete or up to date.

8.1. For more information about how we collect and use personal data (including information collected through this website) please see our Privacy Policy.

8.2. For more information about the type of cookies we use on our website and how you can set your cookie preferences, please see the “Cookies and Tracking Technologies” section of our Privacy Policy.

9.1. You will not:

a) upload, post, e-mail or otherwise transmit any material that contains viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with our website; or

b) interfere with the servers or networks connected to our website or to violate any of the procedures, policies or regulations of networks connected to our website; or

c) impersonate any other person while using our website; or

d) conduct yourself in a vulgar, offensive, harassing or objectionable manner while using our website; or

e) create links to our website without our prior written consent; or

f) use our website for any unlawful purpose; or

g) resell, sublicense or export the software associated with our website; or

h) use or submit any material or content on our website which infringes the intellectual property rights of a third party; or

I) use or submit any material (including images) which is inappropriate, offensive, defamatory, vexatious or unlawful.

10.1. These Terms of Use do not exclude our liability (if any) to you for:

a) personal injury or death resulting from our negligence; or

b) fraud; or

c) any matter which it would be illegal for us to exclude or to attempt to exclude our liability.

10.2. We are only liable to you for losses which you suffer as a direct result of our breach of these Terms of Use, and shall have no liability for any indirect or consequential loss or damage incurred by any user in connection with our website or in connection with the use, inability to use, or results of the use of our website, any websites linked to it and any materials posted on it.

10.3. You may have other rights granted by law, and these Terms of Use do not affect these except if the two are inconsistent. If this is the case then these Terms of Use will override any other rights which you may have, unless this is not permitted by law.

11.1. We may link to other websites. When we do this, we will try and make it as clear as possible that you are leaving our website. We are not responsible for these websites in any way, and do not endorse them. You should check their terms and conditions and privacy policy when you visit them.

11.2. You may not link to this website from another website without our consent in writing. You can contact us at info@hitoshin.com.

12.1. These Terms of Use only deal with your access to and use of this website (including the submission of product reviews).

12.2. Please note that we may not necessarily keep a copy of these Terms of Use. We advise you to print a copy of them for your information in the future.

12.3. Our contract and all communications between us will be in English.

12.4. We may transfer our rights and obligations under these Terms of Use to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

12.5. This contract is between you and us. No other person shall have any rights to enforce any of its terms

12.6. If a court finds part of this contract illegal, the rest will continue in force. Each of the clauses of these Terms of Use operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.

12.7. If we do not insist immediately that you do anything you are required to do under these Terms of Use, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

13.1. If you have any complaints about this website or any of the goods or services we provide, you should contact Customer Care at info@hitoshin.com and we will try and resolve it as soon as possible. However, if we have a dispute regarding your use of our website or these Terms of Use, the courts will use English law to determine that dispute. If you wish to take legal action against us, as we are a NL company you should do so in the Dutch courts only.

14.1. You are not permitted to use any of our trademarks in any manner without our prior written approval.

15.1. We respect the intellectual property rights of others. If you believe that content on our website violates your copyright, please send us a notice using the following contact information.

a) Postal address: Meander 251, 6825MC Arnhem, NL.

b) Email: info@hitoshin.com.

15.2. This contact information is only for notices of copyright infringement.

1.1. Product reviews submitted for publication must not:

a) mention any third party or personal information regarding a third party; or

b) any third party trademark or logo; or

c) third party products and/or websites; or

d) include any personal information about yourself; or

e) refer to the price of the product (or promotional pricing in relation to that product); or

f) be a review of the customer service that you have received from us.

2.1. We will consider your product review before it is published on our website and we reserve the right at our sole discretion to withhold publication, refuse publication or edit any product review that you submit.

2.2. In the event that your product review breaches the requirements of Clause 1.1 of these Product Review Terms your product review will not be published on our website. The decision as to whether or not your product review breaches the requirements of Clause 1.1 of these Product Review Terms will be at our sole discretion.

2.3. In appropriate circumstances and at our sole discretion, if your product review is withheld under these Product Review Terms you may be given the opportunity to resubmit an amended product review. In such cases, you will be contacted using the email address provided during the Account registration process.

2.4. Whilst we aim to publish product reviews within 72 working hours, there may be instances where it could take longer. You will not receive a notification of publication or if the Product Review has been rejected.

3.1. Product reviews will remain published on our website for as long as we consider them relevant.

3.2. We reserve the right to remove your product review(s) without notice.

3.3. You can ask that your product review is removed by e-mailing info@hitoshin.com.

4.1. If you repeatedly attempt to submit product reviews in breach of these Terms of Use and/or the Product Review Terms we may (in our sole discretion) suspend or permanently block your ability to submit a product review. The decision as to whether you have persistently breached the requirements of these Product Review Terms and/or the Terms of Use will be at our sole discretion.

5.1. Any product review that you upload to our website will be considered non-confidential and non-proprietary and you grant us the right to use, copy, modify, host, distribute and disclose to third parties the product reviews without the requirement of any permission from or payment to you or any other person or entity. We also have the right to disclose your identity to any third party who is claiming that a product review submitted by you constitutes a violation of their rights (including their intellectual property rights or their right to privacy).

5.2. Without limiting the preceding paragraph, the product reviews provided by you may be used: (i) by us to promote our products and business; (ii) to help us develop and improve our products; and (iii) for the purpose of performing business and data analysis, and you grant us the right to use, copy, modify host, distribute and disclose to third parties the product reviews for these purposes.