Terms and Conditions of Sale
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products ("Products") listed in the Buy Online section ("Botanics Shop") at our website ("Our Site") to you. Please read these terms and conditions carefully before ordering any Products from Our Site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
By placing an order for Products you are deemed to accept these terms and conditions. If you refuse to accept these terms and conditions, you will not be able to order any Products from Our Site.
Information about us
The Botanics Trading Company Limited is a trading subsidiary owned by the Board of Trustees for The Royal Botanic Garden Edinburgh ("We", "Us", "Our"). We are registered in Scotland under company number SC136616 and Our registered office at The Royal Botanic Garden Edinburgh, 20A Inverleith Row, Edinburgh, EH3 5LR. Our VAT number is 743 2265 46..
2 Botanics Shop
2.1 Our site is a place for you to select and order Products. Our Site describes the Products in more detail.
2.2 Please note that Our Site is available only to individuals that can form legally binding contracts under applicable law. Some restrictions are placed on the extent to which we accept orders from specific countries, and We reserve the right to reject any order in the event that you are resident (or ordering from) such countries.
3 Your status
3.1 By placing an order through Our Site, you warrant that:
3.1.1 You are legally capable of entering into binding contracts; and
3.1.2 You are at least 18 years old.
4 Buying Products from the Botanics Shop
4.1 Details of Our prices for the Products and the procedures for payment and delivery are displayed on Our Site. Details of how to place an order are set out at HOW TO PLACE AN ORDER
4.2 All products are subject to availability and We may withdraw products at any time.
4.3 Any times or dates stated on Our Site for delivery are estimates only. Notwithstanding paragraph 8, We will make all reasonable effort to deliver goods within the time specified, but We do not accept liability for any failure to deliver within that time.
4.4 Stock availability will be checked once We receive your order. If for any reason we are unable to fulfil your order (or any part thereof) you will be advised by Us and, in the event that we have already debited your payment card, the appropriate amount will be credited to the card used to place the order.
5 How the contract is formed between you and us
5.1 We are entitled to refuse any order placed by you. After placing an order, you will receive an e-mail from Us acknowledging that We have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to Us to buy a Product. All orders are subject to acceptance by Us, and We will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the "Dispatch Confirmation"). The contract between us for the supply of such Product(s) (the "Contract") will only be formed when We send you the Dispatch Confirmation.
5.2 The Contract will relate only to those Products whose dispatch We have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
5.3 You may only cancel an order in the situations set out in paragraph 7.
6 Our status
We may also provide links on Our Site to the websites of other companies whether affiliated with Us or not. We cannot give any undertaking, that products you purchase from companies to whose website We have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by Us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and We may disclose your customer information related to that transaction to the third party seller.
7 Consumer rights
7.1 If you are contracting as a consumer, you may cancel a Contract at any time within seven working days (the "Cancellation Period"), beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with Our refunds policy (set out in paragraph 11 below).
7.2 To cancel a Contract, you must inform Us in writing and return the Product(s) to Us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, We may have a right of action against you for compensation.
7.3 You will not have any right to cancel a Contract for the supply of any of the following Products:
7.3.1 personalised goods or goods made to your specification;
7.3.2 goods that cannot, by their nature, be returned;
7.3.3 perishable goods;
7.3.4 un-sealed audio or video recordings or computer software;
7.3.5 newspapers, periodicals or magazines;
7.3.6 services that begin, by agreement, before the end of the Cancellation Period; and
7.3.7 goods or services, the price of which is dependent on fluctuations in the financial market.
7.4 Details of this statutory right, and an explanation of how to exercise it, are provided in the Dispatch Confirmation. This provision does not affect your statutory rights.
8 Availability and delivery
8.1 Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within a reasonable period of time from the date of the Dispatch Confirmation, unless there are exceptional circumstances.
9 Risk and title
9.1 The Products will be at your risk from the time of delivery.
9.2 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.
10 Price and payment
10.1 The price of any Products will be as quoted on Our Site from time to time, except in cases of obvious error.
10.2 These prices include VAT but exclude delivery costs, which will be added to the total amount due. Details of our current delivery charges are set out.
10.3 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.
10.4 Our Site 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 of such rejection.
10.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after We have 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.
10.6 Payment for all Products must be by credit or debit card. We accept payment by all major credit and debit cards. Your card will be charged when you place your Order. If we are unable to fulfil your Order (or any part thereof) or otherwise refuse your Order we will refund your payment in accordance with paragraph 4.4 above.
11 Our refunds policy
11.1 You may return a Product to Us only where you have cancelled the Contract between us under paragraph 7.1, or where have notified Us in accordance with paragraph 22 that you do not agree to any change in these terms and conditions or in any of Our policies, or because you claim that the Product is defective.
11.2 Upon receipt of the returned Product, We will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day We received your cancellation or the day We confirmed to you via e-mail that you were entitled to a refund for delivery of the defective Product.
11.3 Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
11.4 Products returned by you within the seven-day cooling-off period (see paragraph 7.1 above) will be refunded in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us.
11.5 Where you return any Product(s) to us, you should ensure that the Products are returned using a recorded or special delivery service which covers the value of the Products being returned. We will not be liable for any loss in the event that we do not receive the Product(s) or it is damaged in transit.
12 Our liability
12.1 We warrant to you that any Product purchased from us through our site is of satisfactory quality.
12.2 Our liability in connection with any Product purchased through our site is strictly limited to the purchase price of that Product.
12.3 This does not include or limit in any way our liability:
12.3.1 For death or personal injury caused by our negligence;
12.3.2 Under section 2(3) of the Consumer Protection Act 1987;
12.3.3 For fraud or fraudulent misrepresentation; or
12.3.4 For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
12.4 We accept no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
12.5 Where you buy any Product from a third party seller through Our Site, the seller's individual liability will be set out in the seller's terms and conditions.
13 Import duty
13.1 If you order Products from Our Site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that We have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
13.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
14 Your information
15 Written communications
Applicable laws require that some of the information or communications We send to you should be in writing. When using Our Site, you accept that communication with Us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on Our Site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that We provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
16.1 All notices given by you to Us must be given to The Botanics Trading Company Limited at 20A Inverleith Row, Edinburgh, EH3 5LR or by email to firstname.lastname@example.org.
16.2 We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in paragraph 15.
16.3 Notice will be deemed received and properly served immediately when posted on Our Site, 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.
17 Transfer of rights and obligations
17.1 The contract between you and Us is binding on you and Us and on our respective successors and assignees.
17.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without Our prior written consent.
17.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of Our rights or obligations arising under it, at any time during the term of a Contract.
18 Events outside our control
18.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under a Contract that is caused by events outside our reasonable control (a Force Majeure Event).
18.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond Our reasonable control and includes in particular (without limitation) the following:
18.2.1 strikes, lock-outs or other industrial action;
18.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
18.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
18.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
18.2.5 impossibility of the use of public or private telecommunications networks; and
18.2.6 the acts, decrees, legislation, regulations or restrictions of any government.
18.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and We will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
19.1 If We fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if We fail to exercise any of the rights or remedies to which We are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
19.2 A waiver by Us of any default shall not constitute a waiver of any subsequent default.
19.3 No waiver by Us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with paragraph 16 above.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
21 Entire agreement
21.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
21.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
21.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party?s only remedy shall be for breach of contract as provided in these terms and conditions.
22 Our right to vary these terms and conditions
22.1 We have the right to revise and amend these terms and conditions from time to time.
22.2 You will be subject to the policies and terms and conditions in force at the time that you order products from Us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if We notify you of the change to those policies or these terms and conditions before We send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify Us to the contrary within seven working days of receipt by you of the Products).
23 Law and jurisdiction
Contracts for the purchase of Products through Our Site will be governed by Scots law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the Scottish courts.