Use of our website and the availability of our products are governed by these terms and conditions. By purchasing our products through this website you are agreeing to these terms and conditions, which may be updated by us from time to time. Any such updates will be notified through this website.
2. The contract between us
We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Once payment has been received by us we will confirm that your order has been accepted by sending an email to you at the email address you provide in your order form. Our acceptance of your order brings into existence a legally binding contract between us.
3.1 The prices payable for goods that you order are as set out in our website.
4. Right for you to cancel your contract
4.1 You may cancel your contract with us for the goods you order at any time up to the end of the seventh working day starting from the day after you receive the ordered goods. Please see our returns process at the end of these conditions.
4.2 You cannot cancel your contract for any goods marked with an asterisk.
4.3 To cancel your contract you must return the goods following the returns process set out at the end of the conditions.
4.4 If you have received the goods before your cancel your contract then, unless, under clause 4.2, you do not have a right to cancel, you must send the goods back to our contact address at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible using the returns sticker provided on the delivery note.
4.5 Once you have notified us that you are cancelling your contract, any sum debited to us from your credit or debit card will be re-credited to you account as soon as possible and in any event within 30 days of your order PROVIDED THAT the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you. In the event that you qualify for a free gift or special offer with your original order, we reserve the right to require you to return any such gift or additional items in the event of cancellation.
5. Cancellation by us
5.1 We reserve the right to cancel the contract between us if:
5.1.1 We have insufficient stock to deliver the goods you have ordered;
5.1.2 We do not deliver to your area, see clause 6.4; or
5.1.3 One or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
5.2 If we do cancel your contract we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit or debit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
6. Delivery of goods to you
6.1 We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order.
6.2 Delivery will be made as soon as possible after your order is accepted and in any event within 30 days of your order.
6.3 You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
6.4 Delivery Area applies only to mainland addresses within England, Wales, and parts of Scotland. All offshore addresses are excluded eg: the Isle of Wight, the Isle of Man, the Scottish Isles, Ireland and the Channel Isles.
7.1 If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us via email at firstname.lastname@example.org problem within 10 working days of the delivery of the goods in question or follow the returns process as outlines on the website or on the back of the delivery note.
7.2 If you do not receive goods ordered by you within 30 days of the date on which you ordered them, we shall have no liability to you unless you notify us via email at email@example.com of the problem within 40 days of the date on which you ordered the goods.
If you notify a problem to us under this condition, our only obligation will be:
7.2.1 To make good any shortage or non-delivery;
7.2.2 To replace or repair any goods that are damaged or defective; or
7.2.3 To refund to you the amount paid by you for the goods in question in whatever way we choose.
7.3 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 7.2.3 above.
7.4 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, imports or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
7.5 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
8. Intellectual Property
All intellectual property rights in this website remain our property. Any printing or storage by you of any of the information on this website must be for your personal use only.
Unless otherwise expressed stated in these terms and conditions, all notices from you to us must be in emailed to us at firstname.lastname@example.org and all notices from us to you will be displayed on our website from time to time.
10. Events beyond our control
We shall be under no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
13. Third Party rights
Except for our affiliates,employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
14. Governing law
The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.
15. Entire Agreement
Under the United Kingdoms Distance Selling Regulations you have the right to cancel your order for any item purchased from Athelas Plants. Order cancellations must be made in writing, quoting your order number, within 7 days of delivery of your goods and sent to the address below. Once you have cancelled your order, the goods should be returned to the same address, in their original condition, within 14 days of receipt. The goods are your responsibility until reaching us. For your own protection, we recommend that you send the parcel using a delivery service that insures you for the value of the goods.
If the goods received were as specified in the ordering – a full refund, (excluding initial delivery charge) will be issued on receipt, in terms with clause 4.5 of our Terms and conditions.
If the goods received were damaged, incorrect, or were incorrect in quantity - a full refund, (including initial delivery charge) will be issued on receipt, in terms with clause 4.5 of our Terms and conditions.
Any goods returned will not be accepted by us if the returns policy has not been followed correctly.
This returns policy does not affect your statutory rights.