Terms & Conditions
Please read these Terms of Sale carefully.
You will be asked to expressly agree to these terms of sale before you place an order for products from our website. By agreeing to these terms of sale you also agree that you have read, understood and accept the important safety information contained in our page reference How to use. (Please click this link which will take you directly to the how to use page and please read and understand this page carefully prior to accepting our terms of sale).
In these terms of sale, “we” means The company named Botanical Art Elements and also the web site named https://www.botanicalartelements.com (and “us” and “our” will be construed accordingly); and “you” means our customer or potential customer for products (and “your” will be construed accordingly).
The advertising of products on our website constitutes an “invitation to treat”; and your order for products constitutes a contractual offer. By placing an order with us you are offering to purchase the goods detailed within the order; we may or may not choose to accept your order at our sole discretion. No contract will come into force between you and us unless and until we accept your order in accordance with the procedure detailed below.
In order to enter into a contract to purchase products from us, you will need to take the following steps:
- You must add the products you wish to purchase to your shopping cart and then proceed to the checkout.
- If you are a new customer you must then create an account with us and log in; if you are an existing customer you must enter your login details.
- Once you are logged in you must select your preferred method of delivery and confirm your order and your consent to these terms of sale.
- You will be transferred to the PayPal website and PayPal will handle your payment; you warrant that all the details you provide for the purpose of ordering or purchasing goods are correct and that the credit/debit card that you intend to use for the ordering or purchasing of goods is your own and that there is sufficient funds to cover the cost of the goods that you are ordering/purchasing from us. (All goods that are ordered or that you intend to order will remain the sole property of us until full payment is made by you).
- To ensure that your debit or credit card is not being used without your authority or consent and for your protection we will validate your name, address and other personal information supplied by you during or after the order process against third party databases. By accepting these terms of sale you consent to these checks being made. In performing these checks, personal information provided by you may be disclosed to an appropriate/registered Credit Reference Agency which may keep a record of that information. Please be assured that this is done solely to confirm your identity to ensure that your debit/credit card is not being used without your authority. (A credit check is not performed and your credit rating will not be affected. All information provided by you will be treated securely and in strict accordance with the Data Protection Act 1998.)
- We will then send you an initial acknowledgement or display a web page that states "Thank you for your order we are dealing with your request." And,
- Once we have checked whether we are able to meet your order and payment has been received by us in full, we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.
We will not file a copy of these terms of sale specifically in relation to your order. We may update the version of these terms of sale on the website from time to time and we do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you download, print and retain a copy of these terms of sale for your records.
The only language in which we provide these terms of sale is English.
Before you place your order you will have the opportunity of identifying whether you have made any input errors by checking and reading the order form, prior to confirmation of your order. You will be requested to amend your requirements or indeed cancel your intended order by amending the details on the order page. You may correct those input errors before placing your order by selecting the following input buttons:
By selecting the update button on the Shopping Cart page, or
By Selecting the empty basket button on the Shopping Cart page, or
By selecting the Red remove button on the Shopping Cart page.
PRICE AND PAYMENT
Prices for products are quoted on our website. The website contains a large number of products and it is always possible that some of the prices on the website may be incorrect. We will verify prices as part of our sale procedures so that a product's correct price will be stated [when you pay for the product].
In addition to the price of the products you may have to pay a delivery charge. This will be as stated prior to payment.
Payment must be made [upon the submission of your order]. We may withhold the products and/or cancel the contract between us if the price is not received from you in full in cleared funds. ALL goods will remain our sole property until payment is cleared and paid in full.
The prices on the website include all value added taxes (where applicable).
Payment for all products must be made by Debit Card, Credit Card, Pay Pal or any other method detailed on the website from time to time.
Prices for products are liable to change at any time but changes will not affect contracts which have come into force.
If you dispute any payment made to us you must contact us immediately and provide full details of your claim. If you submit an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of the charge-back:
An amount equal to the amount of the charge-back;
All third party expenses incurred by us in relation to the charge-back. This includes charges made by our or your bank or payment processor or card issuer.
An administration fee of GBP 18 [(including VAT)]; and
All our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this paragraph (including without limitation legal fees and debt collection fees).
Without prejudice to our other rights, if you submit an unjustified credit card, debit card or other charge-back, then we may terminate any contracts between you and us under these terms of sale by giving you written notice of termination.
For the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back.
You warrant to us that:
- You are legally capable of entering into binding contracts and you have full authority, power and capacity to agree to these terms of sale age.
- The information provided in your order is accurate and complete;
- You will be able to accept delivery of the products;
- You are resident in England or Wales; and
- You are at least 18 years of age.
- You have read and understood the important safety information contained on our' how to use page'; for the avoidance of doubt please read our “how to use page” by following this link.
We will arrange for the products to be delivered to the address indicated in your order.
Although our products are available in large sheet sizes, we do have some restrictions on what is suitable to send out via courier. this is based on size, weights and delivery postcode.
The delivery price given on the website is estimated only and can be subject to additional cost. We will contact you via email as soon as possible to inform you of any additional costs or issues involved.
If you have any queries regarding the delivery of your order please contact us before making payment to confirm.
We will use reasonable endeavours to deliver products on or before the date for delivery set out in our order confirmation or, if no date is set out in our order confirmation, within 7 days of the date of our order confirmation. However, we cannot guarantee delivery by the relevant date. We do however guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within 30 days of the later of receipt of payment and the date of our order confirmation.
[We will only deliver products within England and Wales.]
RISK AND OWNERSHIP
The products will be at your risk from the time of delivery. Ownership of the products will only pass to you upon the later of:
- Delivery of the products; and
- Receipt by us of full payment of all sums due in respect of the products (including delivery charges).
- We will be entitled to recover payment for the products even where ownership has not passed to you.
"COOLING OFF" PERIOD
Under the Distance Selling Regulations, you may cancel a distance contract to purchase a product or products from us at any time within 14 working days after the day you received the relevant products or products (subject to the limitations set out below).
In order to cancel a contract in this way you must give to us written notice of cancellation You will not have any such right insofar as a contract relates to:
- The supply of any products which constitute audio or video recordings or computer software which have been unsealed by you;
- The supply of products the price of which is dependent upon fluctuations in financial markets which we cannot control;
- The supply of newspapers, periodicals or magazines;
- The supply of goods made to your specifications or clearly personalised; or
- The supply of goods which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly.
If you cancel a contract on this basis you must promptly return the products to us in the same condition in which you received them.
If you cancel a contract on this basis you will be refunded in full (including the cost of sending the products to you). However, you will be responsible for paying the cost of returning the product to us if you cancel a contract on this basis and you do not return the products to us, we may recover the products and charge you for the costs we incur in doing so. Similarly, if you return the products at our expense, we may pass that expense on to you.
Nothing in these terms of sale affects your statutory rights (including your right to receive a refund in respect of any defective product we sell to you).
If you cancel a contract and are entitled to a refund we will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will process the refund due to you as soon as possible and in any event within 30 days of the day we received your valid notice of cancellation. Where orders are custom sized a full refund will not be given, the next available stock selling size will be refunded in this case. Items to be returned at the cost of the buyer and any refund for returned items exclude postage costs.
LIMITATIONS AND EXCLUSIONS OF LIABILITY
Nothing in the terms of sale will:
- Limit or exclude the liability of a party for death or personal injury resulting from negligence;
- Limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party;
- Limit or exclude any liability of a party under Section 12, 13, 14 or 15 of the Sale of Goods Act 1979 or Part I of the Consumer Protection Act 1987;
- Limit any liability of a party in any way that is not permitted under applicable law; or
- Exclude any liability of a party that may not be excluded under applicable law.
- Any statutory rights which you have as a consumer, which cannot be excluded or limited, will not be affected by the terms of sale.
[The limitations and exclusions of liability set out in this Section [and elsewhere in the terms of sale]:
Are subject to the preceding paragraph; and
Govern all liabilities arising under the terms of sale or in relation to the subject matter of the terms of sale, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty
We will not be liable to you in respect of any losses arising out of any event or series of events beyond our reasonable control.
We will not be liable to you in respect of any business losses, such as loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
Contracts under these terms of sale may only be varied by an instrument in writing signed by both you and us. We may revise these terms of sale from time to time but such revisions will not affect the terms of any contracts which we have entered into with you.
If any provision of these terms of sale is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect and such invalid or unenforceable provisions or portion thereof will be deemed omitted.
No waiver of any provision of these terms of sale, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that provision or any other provision of these terms of sale.
You may not assign charge, sub-contract or otherwise transfer any of your rights or obligations arising under these terms of sale. Any attempt by you to do so will be null and void. We may assign, charge, sub-contract or otherwise transfer any of our rights or obligations arising under these terms of sale, at any time – providing such action does not serve to reduce the guarantees benefiting you under these terms of sale.
Each contract under these terms of sale is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under such contracts is not subject to the consent of any person who is not a party to the relevant contract.
Subject to the first paragraph of Section : these terms of sale contain the entire agreement and understanding of the parties in relation to the purchase of products from our website, and supersede all previous agreements and understandings between the parties in relation to the purchase of products from our website; and each party acknowledges that no representations not expressly contained in these terms of sale have been made by or on behalf of the other party in relation to the purchase of products from our website.
These terms of sale will be governed by and construed in accordance with English law, and the courts of England and Wales will have exclusive jurisdiction to adjudicate any dispute arising under or in relation to these terms of sale.