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T&Cs

Welcome to the Botanic Tribe website terms and conditions of sale. These website terms and conditions of sale ("T&Cs" or "Terms") set out the Terms on which you may make use of our Website (the “Website”) and they also apply whenever you order any product or products ("Product(s)") through the Website or otherwise from us. These Terms should be read alongside, and are in addition to, our privacy policy (“Privacy Policy”). 

Please read these Terms carefully and print a copy for your future reference. By using the Website and/or ordering a Product from us, you agree that you have read, understood and agree to these Terms and the Privacy Policy (each as amended from time to time).

When you order from us you acknowledge that you are only permitted to use the Products for your own domestic purposes and that you are not permitted to sell or copy the Products, for any purposes including, for example, any business purposes. 

Before placing an order, if you have any questions relating to these Terms please contact our Customer Services team by email at botanictribe@mail.com. If you do not agree to these Terms, please do not use the Website and do not order any Products from us.

1  About us

1.1

Botanic Tribe (referred to in these Terms as “we”, or “us”) is an online small business. Botanic Tribe is not yet registered at companies house and not yet VAT registered. 

1.2

Should you have any questions about these Terms or wish to contact us for any reason whatsoever, please use the contact details set out below:

Post:

Botanic Tribe, C/o. Fisherton Warehouse, 71-73 Fisherton Street, Salisbury, Wiltshire, SP2 7ST

Telephone:

07500115790

E-mail:

botanictribe@mail.com

VAT number: Not Applicable

2  Your relationship with us and use of the Website

2.1

You agree to use the Website only for lawful purposes and in a way which does not infringe the rights of anyone else or restrict or inhibit anyone else’s use and enjoyment of the Website.

2.2

You are permitted to download and print content from the Website solely for your own internal business purposes and/or personal use. Website content must not be copied or reproduced, used or otherwise dealt with for any other reason. You are not entitled to modify or redistribute the content of this Website or reproduce, link, frame or deep-link it on any other Website without our express written permission. You are not entitled to use the content of the Website for commercial exploitation in any circumstances.

2.3

By ordering any Products from us, you confirm that you are over 18 years old. If this is not the case, you must not order any Product from the Website.

2.4

We reserve the right, in our sole discretion, to refuse or accept any order for Products received through the Website or otherwise.

3  Product descriptions

3.1

All Product descriptions and illustrations shown on the Website are provided in good faith but are intended as guidance only and actual Products may vary accordingly.

3.2

Colours shown on our products may vary slightly. Due to variations in colour reproduction on computer monitors, and due to variations in natural products and materials, we cannot guarantee that the colours shown on the website exactly reflect the colours of the actual products. Please be assured that we do our utmost to ensure great colour representation across all of our lines. 

3.3

Whilst we use reasonable endeavours to keep prices up-to-date on the Website, we reserve the right to alter prices at any time. Any change in price will be communicated to you prior to delivery of the relevant Products.

3.4

The Website contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our 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 site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you that we are rejecting it.

3.5

You also acknowledge that you are only permitted to use the Products for your own domestic purposes and that you are not permitted to copy or use the Products, for any other purposes including, for example, any business purposes.

4  How to order Products

4.1

When you have found a Product on the Website that you would like to buy, please click on the button labelled "Add to Cart”. This will add your Product to a virtual "Shopping Cart". You can then proceed to pay for the Products in your virtual shopping cart by clicking on the button labelled "Checkout". Alternatively, you can continue browsing the Website and add additional Products to your virtual shopping cart.

4.2

You can see what Products are in your virtual shopping cart at any time by clicking on the button labelled "Cart". If you wish to remove a Product from your virtual shopping cart, simply click on the button labelled “Remove” next to the relevant Product. You can pay for the Products in your virtual shopping cart at any time by clicking the button labelled “Checkout”.

4.3

When you click the “Checkout” button, you will be asked to provide various information necessary to process your order and deliver the Product to you. You can provide this information by filling in the fields requested on the screen. All highlighted fields must be completed. We respect your right to privacy and will only use any information you provide to us in accordance with our Privacy Policy. 

4.4

When you place an order to purchase a Product from us, your order represents an offer to us to purchase that Product, which we may choose to accept or refuse – it does not represent a legally binding contract. Your offer is accepted by us and becomes binding only when we expressly confirm your order in writing either by invoice submitted with Products delivered, e-mail or otherwise.

4.5

Whilst we will do our best to fulfil your order (once it is accepted), we cannot guarantee to do so (for example, where we are out of stock, where your card issuer refuses to authorise your payment or where Products have been incorrectly priced on our Website).

5  Payment for the Products

5.1

All Products will remain our property until we have received payment in full for those Products.

5.2

During the checkout process, you will be asked to complete your payment details. All highlighted fields must be completed. We accept most major credit and debit cards and Paypal payments. Please note that we will collect, store and use your information in accordance with our Privacy Policy.

5.3

All card payments are subject to authorisation by your card issuer. If your payment is not authorised, we will cancel your order and notify you in writing (which may include e-mail) that we have done so.

5.4

If we cannot supply you with the Products that you have ordered, we will cancel your order and inform you of this as soon as reasonably possible. We will give you a full refund where you have already paid for the Products.

5.5

If a Product is ordered using any discount code, only full priced items are eligible for the discount, unless specified in the offer.  

6  Delivery of the Products

6.1

Unfortunately - due to legal reasons - we are not able to ship live plants outside of Europe, but we are very happy to ship anything else worldwide. Please get in touch if you are from any country that does not fall within Europe, and we will let you know shipping costs and lead-times.

We try to avoid the shipment of live plants on a Friday, or over the weekend - as the plants need light and air. We take care especially not to send plants on a Friday when sending to a commercial address.

Lead times may vary during busy periods.

We understand sometimes you may be in a hurry for your order, if this is the case, please don't hesitate to get in touch and we will endeavour to meet your expectations.

The goods will be delivered to the address provided by the Customer at the point of sale. Any costs which incurred due to incorrect address information, will be passed on to the Customer. Botanic Tribe shall not be liable for delays, or other disadvantages to the Customer, which result from an incorrect address being given.

Depending on what you are ordering, shipping costs in the UK may sometimes vary accordingly.   Shipping to Europe & the rest of the world will also vary from any UK prices you have been quoted. 

UK Standard Delivery will be made to the address specified in your order. All parcels containing fragile or larger live plants will be sent via DPD Local to United Kingdom addresses, and must be signed for by someone aged 18 or above. For all other deliveries in the United Kingdom, small or medium sized parcels for example, will be sent via First Class Royal Mail. For international deliveries, parcels may be sent by courier or Royal Mail, depending on the weight of the parcel and the location of the delivery. Please get in touch for a quote if you are ordering outside of the UK. There may be an additional cost incurred for shipping outside of the UK.

We are NOT able to offer a UK Next Working Day Delivery service for the following areas/postcodes in the United Kingdom:

Area

Postcodes NOT eligible for UK Next Working Day Delivery

Scottish Highlands

AB30-38, AB44-56, FK17-99, G83, IV1-28, IV30-39, IV52-54, IV63, KW1-14, PA21-33, PA34-40, PH18-26, PH30, PH31-41, PH49-50

Scottish Islands

HS1-9, IV40-51, IV55-56, KA27-28, KW15-17, PA20, PA41-49, PA60-78, PH42-44, ZE1-3

Northern Ireland

 BT1-BT94

Channel Islands

JE1-JE4, GY1-GY9 

Isle of Man

IM1-IM9

Isle of Wight

PO30-PO41

Isle of Scilly

TR21-TR25

When delivering the Products you may be asked to sign for the delivery to acknowledge that you have received them.  

6.2

All risk in the Products you order (including risk of loss and/or damage to the Products) shall pass to you when they are delivered to the delivery address specified in your order.

6.3

Standard UK Delivery is normally within 5-7 working days from the date you placed your order however we aim to process orders as quickly as possible.  UK Next Working Day Delivery will be the next working day after your order has been made and marked as dispatched. Providing your order was placed before 1pm and is in an eligible delivery area.  Please note weekends and bank holidays are not considered working days. During busy times or in exceptional circumstances changes in lead times may occur. We will do our best to keep you informed of any delays that may occur. If you are concerned or have a particular deadline, please state clearly when ordering and give a daytime telephone number although unfortunately we cannot make any guarantee to deliver to a specified deadline. 

6.4

We shall be under no liability for any delay or failure to deliver Products if the delay or failure is wholly or partly caused by circumstances beyond our control.  We shall be under no liability for any delay or failure to deliver Products via UK Next Working Day Delivery if the delay or failure is due to the recipient not being available at the specified delivery address to sign for the Products.

6.5

We can ship to virtually any address in the world. However, you should note that there are restrictions on Live Plants and some other Products, some Products cannot be shipped to international destinations, and delivery will be in accordance with the terms set out in 6.1.

6.6

If you order Products from our site for international delivery, your order may be subject to import duties and taxes which are applied when the delivery reaches its destination out of the UK. Please note that we have no control over these charges and we cannot predict their amount. You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.

 

7  Intellectual Property Rights

As between you and us, we own all present and future copyright, registered and unregistered trade marks, design rights, unregistered designs, database rights and all other present and future intellectual property rights and rights in the nature of intellectual property rights existing in or in relation to the Website, content and the Products (“IPR” ).

8  Our liability to you

8.1

We provide the content on the Website in good faith but give no warranty or representation that the content is accurate, complete or up-to-date, nor that the Website does not infringe the rights of any third party. We accept no responsibility or liability for your use of content on the Website and such use is entirely at your own risk. While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs on the Website, we accept no liability for them.

8.2

Information transmitted via this Website will pass over public telecommunications networks. We make no representation or warranty that the operation of this Website will be uninterrupted or error free and disclaim all liability in respect thereof.

8.3

This Website may contain links to other websites. We accept no responsibility or liability for any material supplied by or contained on any third party website which is linked from or to this Website, or any use of personal data by such third party.

8.4

We reserve the right to suspend your use of the Website at any time for operational, regulatory, legal or other reasons. We may terminate your use of the Website with immediate effect if you breach any of these Terms.

8.5

This clause does not affect your statutory rights as a consumer.

8.6

We exclude, subject to Clause 8.10 all other representations, warranties, conditions and Terms express or implied by statute, common law or otherwise to the fullest extent permitted by law.

8.7

Save as expressly set out in these Terms, we will not be liable for any special, indirect, incidental, consequential or economic loss or for loss of profits or revenues howsoever caused arising in connection with any order placed by you.

8.8

Notwithstanding the above, our total liability (whether in contract, tort, negligence or on any other basis) to you, for any loss or damage shall, subject to Clause 8.10, be limited to the sums paid or payable for the Products.

8.9

We will not be liable to you where we breach these Terms due to any cause that is beyond our reasonable control, including acts of God, explosions, floods, tempests, fires or accidents; wars or threats of war, sabotage, insurrection, civil disturbance or requisition; acts, restrictions, regulations bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority; import or export regulations or embargoes; strikes, lock-outs or other industrial actions or trade disputes; difficulties in obtaining materials, labour, fuel, parts or machinery; power failure or breakdown in machinery.

8.10

Nothing in these Terms shall limit our liability for personal injury, death or fraud.

9  Returns and Refunds

9.1

You can return part or all of your order for a (physical) product for a refund, within 30 days of receipt.

9.2

Only incorrectly supplied or damaged/faulty items can be exchanged upon return. You will need to place a new order if you simply require a different size or product.  All other returns will be refunded back onto the credit/debit card or via the PayPal account used for the original purchase.  

9.3

Goods should be returned in their original condition, ideally in the original packaging.  Any damage noticed on receipt of the item should be highlighted on the returns note. 

9.4

If you would like to return an item outside of the 30 day returns period, please contact us on the phone number or email below before sending the item(s) back as there may be some circumstances under which we cannot able to accept a return outside of this period.

9.5

Customer Service:

9am – 5pm, Monday – Friday

botanictribe@mail.com

9.6

Please allow up to 10 working days for your return to be processed, and an additional 3-5 working days for your payment provider to credit your account.  We will endeavour to notify you once your refund has been processed but in times of exceptional demand we will communicate any further delay via the website.

9.7

Unfortunately we do not offer a free returns service at this time.

9.8

Cancellation Policy:

To cancel your order you must do so:

(a)   by written notice before the Products are delivered to you; or

(b)   by written notice within 14 calendar days of receiving the Products in accordance with your rights under the Distance Selling Regulations

9.9

If you cancel your order in the circumstances set out in accordance with (a) or (b) above we will refund the product price in full together with the original delivery costs.

9.10

Before your refund can be processed you must return any products received, taking reasonable care of them and ensuring not to use them. Unfortunately once an order has been placed we are unable to stop it from being dispatched.  Please see the ‘How to Return’ section above for details on how to return a cancelled order for a refund.

9.11

Goods should be returned in their original condition, ideally in the original packaging.  Any damage noticed on receipt of the item should be highlighted on the returns note.

9.12

Any refunds given by us will be refunded back onto the credit/debit card or via the PayPal account used for the original purchase.

9.13

Unless faulty or not as described, we cannot refund or offer an exchange on:

(a) personalised products

(b) live plants and other perishable goods 

(c) items that cannot be returned for hygiene reasons. 

(d) 
Items on SALE, personalised, bespoke, made to order, or custom orders.

9.14

Exchanges and returns can be carried out within 14 days after receipt of the goods. The returned items must be in an unused, sealed and undamaged condition, and returned in the same packaging. If you wish to return your order, please contact us by email before returning the goods, with your order number and reason for wishing to return. The email address to contact in the first instance is: botanictribe@mail.com

9.15

Unless the goods that you receive are faulty or incorrect, the return shipping cost is paid for by the customer. Upon receipt of the returned item, we will look to approving your request, and crediting you accordingly. If your return request is approved, and the goods are in an un-used and re-sellable condition, we will refund using the same payment method you used for purchasing the goods. We do not take responsibility for any products lost during the return shipping.

9.16

Our plants are always inspected regularly and are sent out in the best possible condition. If on arrival there is a problem with your purchase, please get in touch straight away providing images. We ask this because we can only carry a guarantee plant health for 10 days post dispatch. Once a plant has been in your care for this length of time, we are sorry but we are unable to accept responsibility for any plant health problems, flaws or damages. 

9.17

Refund / Transfer policy on ticket sales:

Workshops and events are non-transferable, and we operate a strict no refunds policy - unless the event does not go ahead for any unforeseen reason, where we will of course provide you with a full refund.

10  Security and Privacy

10.1

All communications made between our payment system and the cardholder is through an encrypted SSL-line (Secure Socket Layer). Botanic Tribe will not have any access to your credit or debit card details, which are exchanged in connection with the purchase.

10.2

We will only use your personal data to fulfil your orders, or to keep in touch with you about your order. We will never pass on your details to any third party, and we will not contact you without your permission, other than to process your purchase, payment or respond to your enquiries. 

10.3

If you have signed up to our newsletter, please be assured that your details will not be passed onto any third party, and we will only get in touch by email. We will never 'spam' your mailbox or share your personal information.

10.4

Any personal contact details which may be held by us are secure and strictly confidential. We guarantee that your personal information will be kept secure at all times, and that no other party will gain unauthorised access to your data. 

10.5 

Please read our full privacy policy for more information. 

11  Other important Terms

11.1

We may update or amend these Terms from time to time to comply with law or to meet our changing business requirements without notice to you. Any updates or amendments will be posted on the Website. By continuing to use the Website you agree to be bound by the Terms of these updates and amendments. The date on which these Terms were last updated is set out below.

11.2

These Terms supersede any other Terms and conditions previously published by us and any other representations or statements made by us to you, whether oral, written or otherwise.

11.3

You may not assign or sub-contract any of your rights or obligations under these Terms to any third party unless we agree in writing. We may assign, transfer or sub-contract any of our rights or obligations under these Terms to any third party at our discretion.

11.4

No relaxation or delay by us in exercising any right or remedy under these Terms shall operate as waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed by us in writing.

11.5

If any of these Terms are found to be invalid, illegal or unenforceable by any court of competent jurisdiction, the rest of these Terms shall remain in full force and effect.

11.6

Only you and we shall be entitled to enforce these Terms. No third party shall be entitled to enforce any of these Terms, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.

11.7

These Terms set out the entire agreement between you and us and supersede any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law. Any delay or failure by us to exercise any right we may have under these Terms shall not constitute a waiver by us of that right.

11.8

These Terms are governed by English law. In the event of any matter or dispute arising out of or in connection with these Terms, you and we shall submit to the exclusive jurisdiction of the English courts.

 

 

These Terms were last updated 17 February 2018.