Terms & Conditions

BACKGROUND

This agreement applies between you, the user of this website and Botanic Enviro Sustainable Innovations Ltd, the owner(s) of this website. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the website. If you do not agree to be bound by these Terms and Conditions, you should stop using the website immediately.

No part of this website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to you indicating that your order has been fulfilled and is on its way to you.

1. Definitions

Account

Collectively the personal information, payment information and credentials used by users to access paid content and / or any communications system on the website.

Carrier

Any third party responsible for transporting purchased goods from our premises to customers.

Content

Any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this website.

Goods

Any products that Botanic Enviro Sustainable Innovations Ltd advertises and / or makes available for sale through this website.
Botanic Enviro Sustainable Innovations
Botanic Enviro Sustainable Innovations
Peter James Business Centre
7a Pump Ln
Hayes
UB3 3NT

Service

Any online facilities, tools, services or information that Botanic Enviro Sustainable Innovations Ltd makes available through the website either now or any future date.

Payment Information

Any details required for the purchase of goods from this website. This includes, but is not limited to, credit / debit card numbers, bank account numbers, sort codes and associated PayPal email addresses.

Purchase Information

Collectively any orders, invoices, dispatch notes, receipts or similar that may be in hard copy or electronic form.

Premises

Botanic Enviro Sustainable Innovations
Botanic Enviro Sustainable Innovations Ltd
7A Halls Business Park
Pump Lane
Hayes
UB3 3NB

User(s)

Any third party that accesses the website and is not employed by Botanic Enviro Sustainable Innovations Ltd and acting in the course of their employment.

Website

The website that you are currently using on the domain BESI.com and any sub-domains of this site unless expressly excluded by their own terms and conditions.

2. Age Restrictions

Persons under the age of 18 should use this website only with the supervision of an adult. Payment Information must be provided by or with the permission of an adult.

3. Intellectual Property

3.1 All content included on the website, unless uploaded by users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software, is the property of Holland Horticulture Ltd, our affiliates or other relevant third parties. By continuing to use the website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.

3.2 You may not reproduce, copy, distribute, store or in any other fashion re-use material from the website unless otherwise indicated on the website or unless given express written permission to do so by Botanic Enviro Sustainable Innovations Ltd.

4. Third Party Intellectual Property

4.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.

4.2 You may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the website or unless given express written permission to do so by Botanic Enviro Sustainable Innovations.

5. Links to other websites

This website may contain links to other sites. Unless expressly stated, these sites are not under the control of Botanic Enviro Sustainable Innovations Ltd or any of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them.

6. Communication with Us

6.1 When using the enquiry form or any other System on the website you should do so in accordance with the following rules:

6.1 You must not use obscene or vulgar language.

6.2 You must not submit content that is unlawful or otherwise objectionable. This includes, but is not limited to, content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist.

6.3 You must not submit content that is intended to promote or incite violence.

6.4 It is advised that submissions are made using the English language(s) as we may be unable to respond to enquiries submitted in any other languages.

6.5 The means by which you identify yourself must not violate these terms of use or any applicable laws.

6.6 You must not impersonate other people, particularly employees and representatives of Holland Horticulture Ltd or our affiliates and…

6.7 You must not use our system for unauthorised mass-communication such as “spam” or “junk mail”.

7. Accounts

7.1 In order to purchase goods on this website, you may be required to create an account which will contain personal details and payment information which may vary based upon your use of the website as we may not require payment information until you wish to make a purchase. By continuing to use this website you represent and warrant that:

7.2 All information you submit is accurate, truthful and up to date.

7.3 You have permission to submit payment information or have the relevant authority to make payment.

Your creation of an account is further affirmation of your representation and warranty.

7.4 We strongly advise that you do not share any of your account details, including, but not limited to your username and password. Botanic Enviro Sustainable Innovations Ltd accepts no liability for any losses or damages incurred as a result of your account details being shared by you. If you use a shared computer, we advise that you do not save your account details in your internet browser.

7.5 If you have reason to believe that your account details have been obtained by another without consent, you should contact Botanic Enviro Sustainable Innovations Ltd immediately to suspend your account and cancel any unauthorised purchases that may be pending. (Please be aware that purchases can only be cancelled until they are dispatched). In the event that an unauthorised purchase is dispatched prior to your notifying us of the unauthorised nature of the purchase, We accept no liability or responsibility and you should make contact with the carrier detailed in the purchase information.

8. Cancellation and/or Termination of Account

8.1 Either Botanic Enviro Sustainable Innovations Ltd or you may terminate your account. If We terminate your account, you will be notified by email and an explanation for the termination will be provided. In spite of the above, we reserve the right to terminate without giving reasons.

8.2 If We terminate your account, any current or pending purchases on your account WILL be cancelled and WILL NOT be dispatched.

8.3 We reserve the right to cancel purchases without stating reasons, for any reason prior to processing payment and dispatch.

8.4 If purchases are cancelled for any reason prior to dispatch you will be refunded any monies paid in relation to those purchases.

8.5 If you terminate your account any non-dispatched purchases will be cancelled and you will be refunded any monies paid in relation to those purchases.

9. Website & Product Pricing

9.1 Whilst every effort has been made to ensure that all graphical representations and descriptions of goods available from Botanic Enviro Sustainable Innovations Ltd correspond to the actual goods, We are not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct goods.

9.2 All pricing information on the website is correct at the time of going online. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary.

9.3 All prices on the website include VAT. Botanic Enviro Sustainable Innovations Ltd VAT number is 370933293

10. Delivery

13.1 We will notify you by way of email when your goods are to be dispatched to you. The message will contain details of estimated delivery times in addition to any reasons for a delay in the delivery of the Goods purchased by you.

13.2 If Botanic Enviro Sustainable Innovations Ltd receives no communication from you within 7 days of delivery, regarding any problems with the goods, you are deemed to have received the goods in full working order and with no problems.

11. Returns Policy

Botanic Enviro Sustainable Innovations Ltd aims to always provide high quality goods that are fault free and undamaged. On occasion however, goods may need to be returned. Returns are administered by these Terms and Conditions:

11.1 If you receive goods which do not match those that you ordered, unless accompanied by an explanatory note detailing the changes, stating reasons for the changes and setting out your options, you should contact us within 10 days to arrange collection and return. Botanic Enviro Sustainable Innovations Ltd IS responsible for paying shipment costs. You will be given the option to have the goods replaced with those ordered (if available) or to be refunded through the payment method used by you when purchasing the goods. Refunds and replacements will be issued upon our receipt of the returned goods.

11.2 If any goods you have purchased have faults when they are delivered to you, you should contact Botanic Enviro Sustainable Innovations Ltd within 28 days to arrange collection and return. Botanic Enviro Sustainable Innovations Ltd is NOT responsible for paying shipment costs. Goods must be returned in their original condition with all packaging and documentation. Upon receipt of the returned goods, the price of the goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the goods.

11.3 If any goods develop faults within their warranty period, you are entitled to a repair or replacement under the terms of that warranty.

11.4 If goods are damaged in transit and the damage is apparent on delivery, you should sign the delivery note to the effect that the goods have been damaged. In any event, you should report such damage to Botanic Enviro Sustainable Innovations Ltd within 10 days and arrange collection and return. Botanic Enviro Sustainable Innovations Ltd is responsible for paying shipment costs. Upon receipt of the returned goods, the price of the goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the goods.

11.5 You have a statutory right to a “cooling off” period. This period begins once your order is complete and ends 7 days after the goods have been delivered. If you change your mind about the goods within this period, please return them to Botanic Enviro Sustainable Innovations Ltd within 7 days of receipt. Goods can only be returned for this reason if their packaging remains unopened and the goods can be re-sold, as new, without any additional work. You, the customer, are responsible for paying shipment costs if goods are returned for this reason.

11.6 If you wish to return goods to Botanic Enviro Sustainable Innovations Ltd for any of the above reasons, please contact us by telephoning us on 020 8845 6448 or by sending us a message via the website at besi.ltd.uk@gmail.com (to be changed)

11.7 Botanic Enviro Sustainable Innovations Ltd reserves the right to exercise discretion with respect to any returns under these Terms and Conditions. Factors which may be taken into account in the exercise of this discretion include, but are not limited to:

11.7.1 Any use or enjoyment that you may have already had out of the goods.

11.7.2 Any characteristics of the goods which may cause them to deteriorate or expire rapidly.

11.7.3 The fact that the goods consist of audio or video recordings or computer software and that the packaging has been opened.

11.7.4 Any discounts that may have formed part of the purchase price of the goods to reflect any lack of quality made known to the customer at the time of purchase.
Such discretion to be exercised only within the confines of the law.

12. Privacy

Use of the website is also governed by our Privacy Policy which is incorporated into these Terms and Conditions by this reference.

16. Disclaimers

16.1 Botanic Enviro Sustainable Innovations Ltd makes no warranty or representation that the website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our services.

16.2 No part of this website is intended to constitute advice and the content of this website should not be relied upon when making any decisions or taking any action of any kind.

16.3 No part of this website is intended to constitute a contractual offer capable of acceptance.

17. Changes to the Service and these Terms and Conditions

Botanic Enviro Sustainable Innovations Ltd reserves the right to change the website, its content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the website following the changes. If Botanic Enviro Sustainable Innovations Ltd is required to make any changes to Terms and Conditions relating to sale of goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.

18. Availability of the website

The service is provided “as is” and on an “as available” basis. We give no warranty that the service will be free of defects and/or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
Botanic Enviro Sustainable Innovations Ltd accepts no liability for any disruption or non-availability of the website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

19. Limitation of Liability

19.1 To the maximum extent permitted by law, Botanic Enviro Sustainable Innovations Ltd accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the website or any information contained therein. Users should be aware that they use the website and its content at their own risk.

19.2 Nothing in these Terms and Conditions excludes or restricts Botanic Enviro Sustainable Innovations Ltd’s liability for death or personal injury resulting from any negligence or fraud on the part of Holland Horticulture Ltd.

19.3 Nothing in these Terms and Conditions excludes or restricts Botanic Enviro Sustainable Innovations Ltd’s liability for any direct or indirect loss or damage arising out of the incorrect delivery of goods or out of reliance on incorrect information included on the website.

19.4 Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.

20. No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

21. Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

22. Notices

All notices / communications shall be given to us either by post to our Manchester premises or by email. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending, if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

23. Law and Jurisdiction

These terms and conditions and the relationship between you and Botanic Enviro Sustainable Innovations Ltd shall be governed by and construed in accordance with the Law of England and Wales. Botanic Enviro Sustainable Innovations Ltd and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.