Terms & Conditions

Any personal data collected by L’Erbolario will be used in accordance with the L’Erbolario privacy policy provided elsewhere on this website.

These terms and conditions shall be governed by and construed in accordance with Malaysia law.

A. Website Terms

1. Introduction

a. This page (together with the documents referred to on it) tells you the terms and conditions on which you may make use of www.erbolario.co.my (“Website Terms”) and the terms on which we sell our products to you (the "Product Terms").

b.Please read these Website Terms carefully before you start to use the Site. By using our Website, you indicate that you accept these Website Terms and that you agree to abide by them. If you do not agree to these Website Terms, you do not have our permission to use our Website.

2. Information about us

The website www.erbolario.my (“Site”) is:

c. Operated by L’Erbolario SRL, registered in Italy and with registered office at Viale Milano, 74, 26900 Lodi, ITALY

d. Administered by Advanced Apotheke Sdn Bhd registered at B-6-12, Block B, Oasis Square, No 2, Jalan PJU 1A/7A, Ara Damansara, Petaling Jaya, 47301, Selangor, Malaysia.

3. Accessing our Website

a. Access to our website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our website without notice (see below). We will not be liable if for any reason our Website is unavailable at any time or for any period.

b. You are responsible for making all arrangements necessary for you to have access to our Website.

c. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these terms, and that they comply with them.

4. Your user account

a. If you register with the Site for a user account you will have to choose a username (email address) and password. You will be responsible for keeping your username and password secret and for preventing unauthorized access to your account. You are responsible for all activities that occur using your account. You should take all necessary steps to ensure that your username and password are kept secret and secure and should inform us immediately by phone if you have any reason to believe that your username and/or password have become known to anyone else, or if your account is being, or is likely to be, used in an unauthorized manner.

b. You must ensure that the details you provide us with are correct, complete and not inappropriate in any way. You agree to inform us immediately of any changes to the information that you provided when registering.

5. Reliance on information posted

a. Information on our Website is provided for information purposes only and is not a substitute for professional medical advice. Nothing on our Website is a recommendation as to how to treat any particular disease or health-related condition and not all conditions will respond to treatment with natural remedies. For serious conditions or advice on health conditions in general, you should visit a qualified medical practitioner.

b. Commentary and other materials posted on our Website are not intended to amount to advice on which any reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Website, or by anyone who may be informed of any of its contents.

c. We do our best to always ensure that the information on our Website is correct and accurate. Despite our best efforts the Site may contain errors. We do not accept liability for loss or damage caused by inaccurate information. If you spot information which you think is incorrect you can tell us on 03 7832 6333.

6. Intellectual property rights

a. L’Erbolario is the owner or the licensee of all intellectual property rights in our Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

b. All logos, brands and trademarks used on the Site including, but not limited to, L’Erbolario or its group companies. You may not use these without our consent.

7. Posting material and comments to our Website

a. Whenever you post any comments or materials to the Site, you must comply with the content rules set out below. We will not be responsible, or liable to any third party, for the content or accuracy of any materials or posting posted by you. We have the right to remove any material or posting you make on our Website if, in our opinion, it does not comply with the content rules set out below.

b. We will fully cooperate with any law enforcement authorities or any court order requesting or directing us to disclose the identity of anyone posting or transmitting any information or materials on or through the Site. You must tell us as soon as you become aware of any unlawful or prohibited use of the Site by any third parties.

c. Any posting posted by you will be considered non-confidential and you will own the copyright in it. We have the right to use this material for any purpose and to display the name that you submit in connection with such material. We also have the right to disclose your identity to any third party who claims that any material posted or uploaded by you to our Website constitutes a violation of their intellectual property rights, or of their right to privacy.

You are responsible for postings made on the Site using your user account and agree that you will not:

I. Post or include in any message or transfer to the Site, any material which is obscene, indecent, misleading, inaccurate, homophobic, sexually explicit, objectionable, racist, sexist or illegal;

II. Post or transfer anything to the Site which is damaging to our software, IT systems, data or the Site;

III. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others (including rights of privacy and publicity);

IV. Advertise or offer to sell any goods or services for a commercial purpose;

V. Conduct or forward surveys, contests, pyramids schemes, or chain letters;

VI. Impersonate another person or entity or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels;

VII. Use offensive or inappropriate user names or language;

VIII. Promote violence;

IX. Send or post spam or spam links;

X. Infringe any copyright, database right or trade mark of any other person; and/or

XI. Give the impression that the posting emanates from us, if this is not the case.

We advise that you do not reveal any personal information about yourself in any postings.

Whilst we have no obligation to actively moderate postings on the Site, you may report any material that you consider to be in breach of the rules set out above by emailing us at lerbolario@aapotheke.com. Where we receive a complaint, we will review the post or material in question and we reserve the right to disclose information necessary in order to satisfy applicable law or legal regulation, or to edit, refuse to post or remove any information or materials in whole or in part for whatever reason in our sole discretion.

8. Our Website changes

We will update our Website regularly, and may change the content at any time. If the need arises, we may suspend access to our Website, or close it indefinitely. Any of the material on our Website may be out of date at any given time, and we are under no obligation to update such material.

9. Information about you and your visits to the Site

We process information about you in accordance with our Privacy and Cookies Policy detailed elsewhere on this website. By using, you consent to such processing and you warrant that all data provided by you is accurate.

10. Viruses, hacking and other offences

a. You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material, which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack.

b. By breaching this provision, you would commit a criminal offence under the Penal Code (Act 574). We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.

c. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any website linked to it.

11. Linking to our Website

a. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

b. You must not establish a link from any website that is not owned by you.

c. Our Website must not be framed on any other website, nor may you create a link to any part of our Website other than the home page. We reserve the right to withdraw linking permission without notice.

d. The website from which you are linking must not contain any inappropriate, offensive or illegal content or any other content likely to damage the reputation of our brand.

e. If you wish to make any use of material on our Website other than that set out above, please address your request to lerbolario@aapotheke.com.

12. Links from our Website

Where our Website contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

13. Variations

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we have made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our Website.

B. Product Terms

14. Purchase of products

a. The following sections 14 to 25 set out some specific terms and conditions on which we supply products (the "Products") listed on the Site to you. By ordering any of our Products, you agree to be bound by these Product Terms. If you refuse to accept these Product Terms, you will not be able to order any of our Products from the Site.

b. You may also place an order through our website (www.erbolario.my, where payment will be secured by Billplz and BrainTree).

15. Local laws

Please be aware that we will only deliver products to Malaysia addresses. We do not accept any liability arising from any attempt by you to purchase or any subsequent delivery of Products if such action is prohibited or illegal where you are ordering from or having the Products delivered to. Legal advice should be taken in cases of doubt and you shall remain wholly responsible for ensuring that you are permitted to purchase our Products from where you access the Site from and import them.

16. Your status

To place an order on the Site you must be:

a. Legally capable of entering into binding contracts; and

b. Be at least 18 years old, unless a parent or guardian is supervising you placing your order.

17. Product purchase and contract formation

a. After placing an order through our Website, you will receive an email from us acknowledging that we have received your order. We will confirm dispatch of your order to you by sending you an e-mail confirming that the Product has been dispatched (the "Dispatch Confirmation").

b. The contract between us (the "Contract") will only be formed when we take payment from you.

We may decline to accept an order in circumstances including but not limited to:

a. Your payment not being authorised;

b. You not satisfying the status requirements set out above;

c. Product(s) ordered not being available from stock and/or suppliers; or

d. Where a pricing or product description error has occurred.
We reserve the right to cancel orders without prior notice. If we cancel any order, it will be without charge to you and any payment taken for such order will be refunded to you in accordance with our Refund Policy set out below.

18. Consumer rights

Consumer rights - Cancellation of a Contract

a.
i. To cancel a contract or purchasing, maximum 3 hours within purchasing.
ii. To cancel a Contract, please let us know in writing.

b. Returns & Exchange

In Either Case

A. If you’ve changed your mind, or have decided to cancel the Contract you will receive a full refund of the price paid for the Products in accordance with our Refund Policy set out below.

B. If you’ve decided you’d like to exchange the Product, please let us know on the Despatch Note with the returned Product. If you have not told us that you would like to exchange the Product, we will provide a refund.

19. Our refund policy

Other Returns

a. If the Products are faulty, damaged in transport or mis-described, please return the Product to us as soon as possible.

b. We will examine the returned Product and notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 14 days of the day we confirmed to you via e-mail that you were entitled to a refund for the faulty, damaged or mis-described Product.

c. Products returned by you because of a fault, damage in transport or mis-described will be refunded in full, including a refund of the delivery charges for sending the item to you.

20. Availability and delivery

We aim to fulfil your order by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Dispatch Confirmation, unless there are exceptional circumstances.

Shipping Information: we offer two forms of delivery:

• • for East Malaysia : rm20 above rm651 free shipping
  • for West Malaysia : rm8 above rm201 free shipping

21. Risk and title

The Products will be at your risk from the time they are delivered to you. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.

22. Price and payment

a. The price of any Products will be as quoted on the Site from time to time, except in cases of obvious error.

b. Unless otherwise stated, promotional discounts cannot be used against purchases of Gift Vouchers or redeemed against delivery charges.

c. Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.

d. Despite our best efforts, some of the Products listed on the Site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product's correct price is higher than the price stated on our Website, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.

e. We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have confirmed your order or sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.

f. Payment for all Products must be by credit or debit card or through PayPal or Gift Cards (in-Store purchases only). We accept payment by all major credit and debit cards.

g. Billplz and BrainTree – payment for an order will be taken immediately.

23. Events outside our control

We will not be liable or responsible for any failure to perform any obligations under a Contract or these Product Terms, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control.

24. Written communications

All notices given by you to us must be sent to lerbolario@aapotheke.com with a copy by mail to L’Erbolario, B-6-12, Block B, Oasis Square, No 2, Jalan PJU 1A/7A, Ara Damansara, Petaling Jaya, 47301, Selangor, Malaysia. We may give notice to you at either the e-mail or to the postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our Website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.

C. General Terms

25. Miscellaneous

a. Nothing within the Site or materials accessed via the Site, other than the Product Terms, is intended to form any binding contract.

b. These terms and any document expressly referred to in them represent the entire agreement between us and supersede any previous agreement, understanding or arrangement. In entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other before the Contract except as expressly stated in these terms.

26. Jurisdiction and applicable law

a. The Malaysia courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our Website although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.

b. These terms and any dispute or claim arising out of, or in connection with them or their subject matter, or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England.

27. Questions

If you have any questions about these terms or the information on our Website you can contact us by telephone on 03 7832 6333 or by email at lerbolario@aapotheke.com.