Terms & Conditions
Terms & Conditions
THE BOTANICS SHOP ONLINE SALES
These are the terms and conditions on which we supply products to you. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
1. GENERAL INFORMATION
For your convenience, we have listed below some general information about ourselves and how to contact us:
• "We" are The Royal Botanic Garden Edinburgh, whose administrative offices are at 20a Inverleith Row, Edinburgh, EH3 5LR.
• If you have an order related query, you may contact us as follows:
The Botanics Shop
John Hope Gateway
• Our VAT number is GB 743 2265 46
2. RELEVANT TERMS
In addition to these terms, our terms and conditions include the following:
https://rbge-publications.myshopify.com (the “Site”), and which may be read at https://rbge-publications.myshopify.com/pages/terms-of-website-use;
3. CONTRACT INFORMATION
Placing your order. We invite you to place an order with us for goods described on the Site (the "Order") by clicking the “Buy” button and then following the purchasing instructions on the Site.
How we will accept your order.
Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
If we are unable to accept your order, we will inform you of this by email and will refund you in full for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline.
4. OUR PRODUCTS
Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
Product packaging may vary.
The packaging of the product may vary from that shown in images on our website.
5. YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8- Your rights to end the contract).
6. OUR RIGHTS TO MAKE CHANGES
Minor changes to the products. We may change the product:
• to reflect changes in relevant laws and regulatory requirements; and
• to implement minor technical adjustments and improvements, for example to address a security threat.
More significant changes to the products and these terms. In addition, , we may make changes to these terms or the product, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
7. PROVIDING THE PRODUCTS
The costs of delivery will be as displayed to you on our website.
When we will provide the products.
During the order process we will let you know when we will provide the products to you. If the products are goods (other than advance order goods) we will arrange to deliver them to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order. If the products are advance order goods (as will have been made clear in the description of the product on our website) we will provide you with an estimated delivery date by email.
Who will deliver the products.
The products will be delivered by Royal Mail or a third party courier. If you are not at home when the product is delivered they will be responsible for informing you of how to rearrange delivery.
We are not responsible for delays outside our control.
If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
When you become responsible for the goods.
A product will be your responsibility from the time we deliver the product to the address you gave us.
When you own goods.
You own a product once we have received payment in full.
8. YOUR RIGHTS TO END THE CONTRACT
Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
• If what you have bought is faulty or mis-described you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back);
• If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any services which have not been provided and . The reasons are:
(a) we have told you about an upcoming change to the products or these terms which you do not agree to;
(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the products may be significantly delayed because of events outside our control;
(d) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or
(e) you have a legal right to end the contract because of something we have done wrong.
• If you have changed your mind about the product, for most products brought online you have a legal right to change your mind within 14 days of receiving the product and to receive a refund. You will have to pay the costs of return of any goods. You do not have a right to change your mind in respect of:
(a) digital products after you have started to download or stream these;
(b) services, once these have been completed, even if the cancellation period is still running;
(c) products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
(d) products which are made to your specifications or are clearly personalised;
(e) sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them; and
(f) any products which become mixed inseparably with other items after their delivery.
• In all other circumstances and if we are not at fault there is no right to change your mind. You can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods or digital content is completed when the product is delivered, downloaded or streamed and paid for. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
Tell us you want to end the contract.
To end the contract with us, please let us know by contacting us using the contact details in clause 1.
Returning products after ending the contract.
If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them, post them back to us at the address listed above in clause 1 or (if they are not suitable for posting) allow us to collect them from you. Please contact us for a return label or to arrange collection.
If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
When we will pay the costs of return
We will pay the costs of return:
• if the products are faulty or mis-described; or
• if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
What we charge for collection.
If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection.
How we will refund you.
We will refund you the price you paid for the products including delivery costs, by the method you used for payment.
When your refund will be made.
We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
• If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us.
• In all other cases, your refund will be made within 14 days of your telling us you have changed your mind
9. OUR RIGHTS TO END THE CONTRACT
We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
• you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
• you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products; or
• you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
You must compensate us if you break the contract. If we end the contract in the situations set out above we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
10. IF THERE IS A PROBLEM WITH THE PRODUCT
How to tell us about problems.
If you have any questions or complaints about the product, please contact us using the contact details in Clause 1.
Summary of your legal rights.
We are under a legal duty to supply products that are in conformity with this contract. Nothing in these terms will affect your legal rights.
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
If your product is goods, for example a book, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality.
During the expected lifespan of your product your legal rights entitle you to the following:
a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.
b) Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.
c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
Your obligation to return rejected products.
If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please contact us for a return label or to arrange collection.
11. PRICE AND PAYMENT
Where to find the price for the product.
The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We use our best efforts to ensure that the price of the product advised to you is correct. However please see below for what happens if we discover an error in the price of the product you order.
We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
What happens if we got the price wrong.
It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions.
We accept payment with by most major debit or credit cards, and in particular any Visa, MasterCard or American Express card.
What to do if you think an invoice is wrong.
If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
12. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and for defective products under the Consumer Protection Act 1987
We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13. HOW WE MAY USE YOUR PERSONAL INFORMATION
How we will use your personal information. We will use the personal information you provide to us:
• to supply the products to you;
• to process your payment for the products; and
• if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
We will only give your personal information to third parties where the law either requires or allows us to do so.
14. OTHER IMPORTANT TERMS
We may transfer our rights and obligations under our contract with you to another organisation. We will always tell you in writing if this happens. You may only transfer your rights or your obligations under your contract with us to another person if we agree to this in writing.
Any contract between you and us constitutes the entire agreement between the parties in relation to its subject matter. Each party acknowledges that in entering into the contract it does not rely on any representation or warranty not set out in these Terms.
Third Party Rights. This contract is between you and us. No other person shall have any rights to enforce any of its terms in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
Which laws apply to this contract and where you may bring legal proceedings.
These terms are governed by Scottish law and you can bring legal proceedings in respect of the products in the Scottish courts.