Terms and conditions.
1.1 Botanical Brands Ltd ("we", "us" or "our") provides the services available on the Site to you subject to the following terms and conditions (the "Terms and Conditions").
By accessing or using the Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions.
1.2 If you have any questions regarding the website or these terms and conditions, to email us click here or phone us on 01858 451779
Company Registration No. 8283488
VAT Registration No: 152845796
Registered address: 27A Lubenham Hill, Market Harborough LE16 9DG
1.3 These Terms apply from 1st May 2014.
These terms and conditions are a legal agreement between us and apply to your use of our website including the sale of retail goods to consumers. You must read and accept all the terms and conditions contained in this agreement prior to buying goods from us.
3. Order acceptance
3.1 All orders placed by you are subject to our acceptance. We reserve the right at all times and in our sole discretion to refuse to accept an order for any reason and without liability to you.
3.2 Orders may only be placed by individual customers purchasing goods other than for resale. Trade customers should use our trade pages and refer to our trade terms.
3.3 After you have placed the order with us, we will send you an order acknowledgement by email with details of the product you have ordered. This email is only an acknowledgement of receipt and is not an acceptance of your order. The acceptance of your order and a contract of sale between us will not take place until you have been advised the goods you have ordered are available and these goods have been paid for in full including any applicable charges. No payment shall be considered to have been received until we have received payment in cleared funds.
4. Order placement
4.1 You should not disclose or transfer your username or password to any other person. Please notify us immediately if you become aware of any unauthorised use of your username and password. Without prejudice to our rights, we may suspend your access to the website without liability to you if we believe such action is necessary to safeguard the website.
4.2 Before you submit your order you will be given the opportunity to review your selection, check the total price of your order and correct any errors. Your order represents an offer by you to purchase items selected you.
4.3 If items shown on our website are not available or are incorrectly priced or incorrectly described, we shall not be obliged to sell you the items as shown.
4.4 We reserve the right to change at any time and without any previous notice the items offered on our website.
4.5 It is important that you check carefully the quantity of goods that you order from us. We will deliver what you order. Whilst you have a right of cancellation you must pay for the delivery costs back to us.
5. Descriptions and Product Information
5.1 We have made every effort to represent the colours of our products and its packaging as accurately as possible. However, due to differences in monitors we are unable to guarantee that the colour you see on your monitor will reflect the true colour of the product and its packaging. If you have any questions about the product you may of course contact us (see "contact us").
5.2 Botanical Brands warrants that the goods that you buy will at the time of delivery to you correspond to the description given. Every description or specification of the Products we sell is given in good faith based upon information received by us from the manufacturer of the Products.
6.1 All prices on the website are quoted in pounds sterling (£). They include VAT payable but exclude delivery charges, which are detailed separately.
6.2 Please note that on all orders placed for delivery outside the UK it is the customer's responsibility to pay any import duties that may be applicable for deliveries within their own countries.
6.3 We may change the prices on the website at any time and without any notice.
7. Payment terms
You confirm that the credit card/debit card that is being used is yours or that you are authorised to use it. All credit /debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment we will not accept your order and we will not be liable for any delay or non delivery. Furthermore, we are not obliged to inform you of the reason for the refusal. You should note that your bank or card issuer may charge you as a result of our processing your credit /debit card payment in accordance with your order. Botanical Brands has no responsibility for such charges. Payments are processed securely by SagePay and no card details are stored on our site.
We process orders Monday to Friday. Orders are normally processed within 1-3 working days. Where there is a delay in the supply of goods, we will advise you as soon as practicable. If the goods cannot be delivered within 30 days of your order, we will notify you of this delay and you may either cancel your order or agree a further delivery time with us.
Orders will be sent to the delivery address that you have submitted on your order form. We cannot be held responsible if that delivery address is incorrect.
8.4 Please note that we cannot deliver to PO boxes.
We will deliver the goods following the delivery option selected by you during the order process. Any delivery time scales quoted to you are indicative only. Whilst we use only reputable delivery companies we do not accept any liability for delayed delivery caused by any third party or unforeseen events such as weather, transport links or strikes.
Delayed or Lost Orders: Our delivery service considers a parcel lost after it has been in the postal system for a period of 14 working days for UK orders and 21 days for EU and International orders. Though it is highly unlikely deliveries to take this amount of time, we are unable to despatch a replacement until this period of time has elapsed.
9. Returns and Exchanges Policy
9.1 If, for any reason you are unhappy with your purchase, you can return it unopened and unused within 28 days of the date of despatch. Please ensure that all items are returned in their original packaging with their labels intact and undamaged
9.2 You must inspect all goods delivered to you immediately on receipt or within three working days
9.3 Within three working days of delivery notify us of any alleged defect, shortage or other shortcoming in the goods which shall otherwise be deemed to have been delivered in accordance with your order.
9.4 If you reject any goods which are not in accordance with the contract between us you must return the goods to us paying postage .
9.5 You may exchange the item for something else, subject to stock availability, or receive a full refund of the price paid (excluding any delivery charges).
9.6 The refund can only be made to the card used when paying for the order. We will email you when the item has been received and will inform you when the credit has been made to your card account. This is normally within 14 days of receipt of the goods.
9.7 If you wish to exchange an item, you will have to pay any difference in cost of the item and any additional delivery cost. We will tell you what this is so you can arrange payment.
10. Returns Procedure
10.1 When returning goods, please include your order number, full name and reason for return.
10.2 Please wrap your parcel carefully to avoid damage in transit back to us. Please note we cannot accept an item for refund if it has been damaged in transit to us. We advise you to obtain a proof of posting certificate if using the Post Office
Please return your parcel to:
Botanical Brands Ltd
Damaged, or used items will not be exchanged nor will a refund be made.
11. Distance Selling Regulations
11.1 Under the Consumer Protection (Distance Selling) Regulations 2000 and 2005 you have a right to cancel orders for items purchased from our website within a statutory cooling-off period. This is normally 7 working days from the day after the date on which the item in question was delivered.
11.2 To cancel your order, please provide us with notice either by letter or email, in each case within the statutory cooling off period and giving details of the items ordered, the order number and (where appropriate) their delivery date.
11.3 If you exercise your right to cancellation after the item has been delivered to you, please follow the instructions for returns above.
11.4 Please note you are responsible for the costs of returning the items to us unless we delivered it in error.
12. Title, Risk and Limitation of Liability
12.1 Title of the products will be transferred to you on delivery.
12.2 Once a product has been received by you, all risk of damage to or loss of the items bought by you will pass to you.
12.3 To the full extent allowed by law you accept and agree that we shall not be liable to you or to any other person for any loss or damage (including consequential or indirect loss or damage), loss of revenue or profits (howsoever described) whether direct or indirect howsoever caused and arising out of your use of our website and from any product you use.
12.4 Nothing in these Terms, shall limit or exclude our liability for personal injury or death caused by our negligence