The terms and conditions below govern the sale of goods from www.justbebotanicals.co.uk (“the Site”) to you (“the Customer”) and by using the Site you agree to be bound by these Terms & Conditions.
The Site will update these Terms & Conditions from time to time and will notify such changes to you by uploading them on the Site. You should review the Terms & Conditions periodically for changes.
1. About the Site
1.1 The Site is operated solely by Gail Bryden from her home in Edinburgh Scotland, with her delivery address being 5 Rosebank Cottages, Edinburgh, EH3 8DA.
1.2 The Site reserves the right to withdraw or amend the service it provides without notice. The Site will not be liable if for any reason www.justbebotanicals.co.uk is unavailable at any time or for any period.
1.3 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. 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 opinion you have failed to comply with any of the provisions of these Terms & Conditions.
2. Price and Ordering
2.1 The price payable for the goods is set out on the web site at the time the Customer places their order. Each order the Customer places shall be deemed to be an offer by the Customer to purchase the goods specified within it subject to these Terms & Conditions.
2.2 When confirmation of an order is received, this is to indicate that the Site has received the Customer’s order. It does not indicate that a contract exists between the Customer and the Site. The Site will indicate acceptance of the Customer’s order, and hence a contract between the Customer and the Site, when the Site sends the Customer an email acknowledgement of order. The contract will relate only to those goods notified in the email acknowledgement of order. The Site have included this term to protect against a mistake in pricing, where the Site has inadvertently under-priced or over-priced goods, or the Site is no longer able to supply a particular product for some reason.
2.3 In the case of a change of price, the Site will always contact the Customer first to ensure that the price is acceptable.
2.4 The Customer will pay for items at the point of order by Paypal. All orders must be paid for in full before despatch. In the unlikely event that there has been a mistake in pricing (see 2.2), the Customer will be given the option to cancel the order. If the Customer cancels the order they will be refunded in full.
2.5 The Site currently only accepts Paypal payments as the valid method of payment. All prices are in pounds sterling (£), and are payable in pounds sterling (£), plus any applicable taxes.
2.6 All orders are processed by Paypal and the Site does not have access to the Customers Debit and Credit card details. Paypal payments are secure as they use 168 bit encryption (the highest level commercially available). Please visit www.paypal-marketing.co.uk for further information.
2.7 The Site may refuse to process a transaction for any reason or refuse service to anyone at any time at its sole discretion. The Site will not be liable to you or any third party by reason of so refusing or by reason of unwinding or suspending any transaction after processing has begun.
3.1 For the purposes of this section “a Working Day” is defined as Monday, Tuesday, Wednesday, Thursday or Friday excluding public holidays in the UK.
3.2 The Customer’s shopping basket on the Site displays the goods the Customer has chosen plus details of post and packing. Any delivery times quoted are estimates only, based on normal delivery time in working days and the Site will not be held liable for any delay in delivery of the goods howsoever caused.
3.3 The Site will use Royal Mail for all deliveries and will insure the contents of the delivery for their value whilst in transit. The Site cannot be held responsible for delays outwith it’s control caused by events which affect Royal Mails delivery times, such as bank holidays, busy periods or strike action.
3.4 The Customer must sign for all deliveries on receipt. Royal mail will attempt to deliver once. After this it is the Customer’s responsibility to rearrange the delivery or collect the order from their local Post Office.
3.5 If the Customer orders goods from the 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. The Customer will be responsible for payment of any such import duties and taxes. Please note that the Site has no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
3.6 The Customer must comply with all applicable laws and regulations of the country for which the products are destined. The Site will not be liable for any breach by the Customer of any such laws.
4. Returns Policy
4.1 If the Customer wishes to discuss or organise a return, exchange or refund of any item, please email firstname.lastname@example.org or phone 0131 229 8997 (UK office hours only).
4.2 In relation to any goods sold through the Site, the Customer has 14 days, after the day the goods are delivered, in which to cancel the order.
4.3 Returns, exchanges and refunds can only be made to the Customer who purchased the goods from the Site.
4.4 The Customer will bear the cost of returning the goods to the Site unless the goods are being returned because they are incorrect or defective (see 5. Liability). On receipt of the goods by the Site the Customer will receive a credit, exchange or refund via Paypal to the total value of goods returned subject to the goods being returned in an unspoilt, saleable condition.
5.1 Any defect in the quality, quantity and condition of the goods should be notified by the Customer to the Site immediately on receipt of the goods. If the defect is apparent on delivery of the goods the Customer should refuse the delivery. If the Customer does not notify the Site and refuse the delivery if the defect is apparent the Site will not accept liability for such defect and the Customer will be required to pay for the goods in full as if delivered.
5.2 The Site will inspect the goods returned and if the defect is identified, the Customer will be given the option of replacement at no additional cost or a full refund of the price of the goods. The Site will have no further liability to the Customer.
5.3 The Site will inspect the goods returned and if no defect is identified the goods will be returned to the Customer at the Customer’s cost.
6.1 The Site does not disclose the Customers information to third parties other than to Royal Mail as part of the order fulfilment.
7. Force Majeure
7.1 The Site shall have no liability to the Customer for any failure or delay in supply or delivery or for any damage to the goods supplied or delivered caused by any event or circumstance beyond the Site’s reasonable control, including, without limitation, acts of God, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, epidemic, strikes or other labour disputes, or restraints or delays affecting carriers.
7.2 The Site sells products made by small businesses and independent makers on the understanding that the products are safe for use and without defect. The Site cannot be held responsible for any injury incurred by the Customer due to a defect in the product.
8. Viruses, hacking and other offences.
8.1 No person shall misuse the Site by committing a criminal offence under the Computer Misuse Act 1990. The Site 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 the Site will cease immediately.
8.2 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 the Site or to your downloading of any material posted on it.
9.1 If the Site fails at any time to insist upon strict performance of any of the Customers obligations under these Terms & Conditions, or if the Site fails to exercise any of the rights or remedies to which the Sit is entitled under them, this shall not constitute a waiver of such rights or remedies and shall not relieve the Customer from compliance with such obligations.
9.2 A waiver by the Site of any default shall not constitute a waiver of any subsequent default.
9.3 No waiver by the Site of any of these Terms & Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
10.1 If any of these Terms & Conditions 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.
11. Intellectual property rights
11.1 Gail Bryden is the owner of all intellectual property rights in the Site and the material published on it. All such rights are reserved.
12. Entire agreement
12.1 These Terms & Conditions represent the entire agreement between the Site and the Customer and supersede any prior agreement, understanding or arrangement, whether oral or in writing.
13. Law and jurisdiction
13.1 Contracts for the purchase of Goods through our site will be governed by Scottish law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the Scottish courts.
14.1 General comments about the Site are welcome by email at email@example.com.
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