BOTANICAL LAB UK – GENERAL TERMS AND CONDITIONS FOR ONLINE PRODUCT SALES
Date of Last Update: 19/11/2020
Welcome to our Botanical Lab UK website (the “Botanical Lab UK Site" or the "Site").
By placing an order with Botanical Lab ("Botanical Lab", "we", "us" or "our") for products which are sold on the Site ("Products") you will be deemed to have read, understood and agreed to these Terms and Conditions ("Terms and Conditions"). Please read these Terms and Conditions carefully and, if you are unhappy with any aspect of these, then you should contact one of our consumer care advisors before placing an order with us.
We amend these Terms and Conditions from time to time. Please look at the top of this page to see when these Terms and Conditions were last updated. Every time you order Products from us, the Terms and Conditions in force at the time of your order will apply to the contract between you and us. If we have to revise these Terms and Conditions and this has a material impact on your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the contract if you are not happy with the changes.
ABOUT BOTANICAL LAB
Botanical Lab is part of Karium Ltd. registered at Falcon House, 115-123 Staines Road, Hounslow, Middlesex, TW3 3LL; registered in England and Wales with company registration number 2530797; VAT registration number GB 531 3088 22.
The following additional policies (accessed by clicking on the links below) also form part of these Terms and Conditions and should be read carefully before placing an order:
Privacy and Cookies Policy;
Returns & Cancellations
OUR CONTRACT WITH YOU
We will notify you by email as soon as possible to acknowledge receipt of your order and to provide you with an order number. If we are unable to fulfil your order following this acknowledgement, we will contact you by email or telephone advising you of this. We will confirm acceptance of your order by sending you an e-mail that confirms that the Products have been dispatched ("Dispatch Confirmation"). A legally binding contract between us will be formed when we send you the Dispatch Confirmation (or, in the unlikely event that a Dispatch Confirmation is not sent due to a processing error, when we dispatch the Products to you) ("Contract"). If you require any information concerning your order please email us at firstname.lastname@example.org quoting your order number. We may not accept your order if an item you have ordered is out of stock, if we have identified a Product or pricing error or if we are unable to obtain authorisation for your payment. Please note that we reserve the right to reject any offer to purchase by you at any time.
If you wish to make a change to the Products you have ordered please contact us at email@example.com. 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.
A Product will be your responsibility from the time we deliver the Product to the address you gave us.
You own a Product once we have received payment in full.
By leaving reviews you understand the brand may use these reviews, or parts of them, in its promotional material.
PURCHASE RELATED POLICIES
The Products and services available on the Site, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the Products or services, or samples thereof, you purchase or otherwise receive from us. Please note that samples are subject to availability. We reserve the right, with or without notice, to cancel or reduce the quantity of any orders that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.
The images of the Products on the Site 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. The packaging of Products may also vary from that shown in images on our website.
The purchase of Products through the Site is strictly limited to parties who can lawfully enter into and form contracts on the Site in accordance with English law.
RIGHTS TO RETURN PRODUCTS UNDER THE CONSUMER RIGHTS ACT 2015
Because you are a consumer, we are under a legal duty to supply Products that are in conformity with the Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described.
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your Products your legal rights entitle you, if your goods are faulty, to receive an immediate refund.
If you made your purchase through a partnered retail location, such as an airport or department store, then any return will need to be made in accordance with the returns/cancellation policy of the relevant retailer and should not be returned directly to us.
OUR LIABILITY 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 as summarised at clause 6 and for defective Products under the Consumer Protection Act 1987.
We only supply Products for domestic and private use. You agree not to use the Products for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
TRANSFER OF RIGHTS
We may transfer our rights and obligations under these Terms and Conditions to another organisation, and we will always notify you in writing if this happens, but this will not affect your rights or our obligations under these Terms and Conditions. You may only transfer your rights or your obligations under these Terms and Conditions to another person if we agree in writing.
In case of complaint about your online purchase, you may contact us by email at firstname.lastname@example.org or write to us at Karium Consumer Care, Falcon House, 115-123 Staines Road, Hounslow, Middlesex, TW3 3LL
LAW AND DISPUTES
These Terms and Conditions shall be governed and construed in accordance with the laws of England and Wales and proceedings may be brought in relation to the matters set out herein in the courts of England and Wales.
According to EU Regulation no.524/2013 on online dispute resolution for consumer disputes, you may refer disputes to the EU Commission’s online platform available at: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage
Botanical Lab - New Year, New Skincare Giveaway
These Terms and Conditions prevail in the event of any conflict or inconsistency with any other communications, including advertising or promotional materials. Entry/claim instructions are deemed to form part of the terms and conditions and by participating all entrants will be deemed to have accepted and be bound by the terms and conditions.
The Promoter & Administrator:
Botanical Lab, Karium Ltd, PO Box 531, Hounslow, TW3 9LX, UK(The Promoter). This Promotion is administered by YOU Agency, 34 Tavistock Street, Covent Garden, London, WC2E 7PB (The Administrator).
1. Promotion is open to residents of The United Kingdom (England, Scotland, Wales and Northern Ireland) aged 18 and over at the time of entry, excluding employees of Botanical Lab and their immediate families, their agencies, or anyone else professionally connected with the Promotion. Failure to comply with any part of this clause will disqualify the respective entry from the promotion.
2. No purchase necessary. Internet access required and entrants must have an active Instagram account. If you do not have an account you will need to create one in order to participate – you will require an active email address in order to do this:
3. Entries made on Instagram will be subject to Instagram’s terms of service, which are available, online at: https://help.instagram.com/581066165581870?ref=dp
How to Enter:
4. Entrants must be a UK resident, follow the official @BotanicalLabUK Instagram account, like the promotional post and comment tagging 2 friends, the tagged user must also have an activate account and must be tagged during the promotional period between 12:00PM 01/01/21 and 12:00PM 05/01/21.
5. Promotion opens at 12:00PM 01/01/21 and 12:00PM 05/01/21.
8. There is a total of 3x prizes to be won (one for you & 2x friends). The winner will be chosen at random via an independently verified, randomised computer process from all valid entries.
9. THE PRIZE: A selection on Botanical Lab goodies*: https://botanicallab.com/
*Subject to availability.
Winner Notification & Acceptance:
10. Only one entry per person during the promotional period and only entries submitted during the promotional period will be entered into the prize draw. For the avoidance of doubt only one unique Instagram account will be accepted per person, and a person can use their Instagram account to enter only once. Anyone trying to circumvent this rule by using alternative details including but not limited to creating multiple Instagram account will be disqualified from this promotion. Entries (bulk or otherwise) made from trade, consumer groups or third parties will not be accepted.
11. Any entries received from private accounts will not be entered due to privacy restrictions. To enter from a private account you must amend your account settings to a public account in order for entry to be accepted. The account must remain public and entrants must continue to follow the promotion for up to one week after the end of the Promotion, in order to be contacted in the event their entry is a winning entry.
12. The Promoter will not be liable for any failure of receipt of entries. The Promoter takes no responsibility for any entries, which are lost, delayed, illegible, corrupted, damaged, incomplete or otherwise invalid.
13. The winner will be notified of their selection via direct message within 2 working days of the competition closing date and asked to respond for verification and claim details. If the winner cannot be contacted or does not confirm acceptance of their prize within 72 hours of notification, the Promoter reserves the right to withdraw the prize from the original winner who will have their prize forfeited and pick a replacement winner drawn at the same time as the original.
14. During the claim process the winner may be asked to confirm their name, email address, postal address and age to verify eligibility of the prize.
15. It is the responsibility of the winner to provide their correct, up-to-date details at the time of acceptance in order for their prize to be processed. The Promoter nor The Administrator can be held responsible for the winner failing to supply accurate information which affects prize delivery.
16. The Promoter reserves the right to refuse to award a prize or withdraw prize entitlement and disqualify the participant where there are reasonable grounds to believe there has been a breach of these terms and conditions or any instructions forming part of this promotions entry requirements or otherwise where a participant has gained unfair advantage in participating in the promotion or won using fraudulent means.
17. The prize will be dispatched to the relevant winner’s address within 5 working days of verifying the winner.
18. The prize is non-negotiable, non-transferable and non-refundable. No cash alternative is available. Where a prize becomes unavailable for any reason, the Promoter reserves the right to substitute that prize for a prize of equal or higher value.
19. In the event of unforeseen circumstances beyond the Promoter’s reasonable control, the Promoter reserves the right to modify or suspend the promotion or these terms and conditions, either in whole or in part, with or without notice but will always endeavour to minimize the effect to participants in order to avoid undue disappointment.
20. The Promoter’s decision is final. No correspondence will be entered into.
21. By entering the promotion, entrants agree to have their submitted name and entry displayed on Botanical Lab’s Instagram page and agree that it may be used by Botanical Lab for any such purpose, at any time, without any fee or other form of compensation. The winner agrees to participate in any reasonable publicity required by the Promoter with no recompense. Participants warrant that the materials contain no copyright materials, are their original works, have not been copied, in whole or in part, from any third party and they have full authority to grant these rights. If participants choose to include image or photography in their entry they also warrant that any person featured has given their express permission and/or any child (under 16 years) has parental or guardian consent.
22. By submitting any Content, you automatically grant The Promoter a world-wide, non-exclusive, royalty-free, irrevocable, transferrable license to publicly display or re-display, use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or distribute such Content and/or incorporate such Content into any form, medium or technology whatsoever (including but not limited to The Promoter’s websites, third party websites, online and offline advertising, marketing and promotional materials) throughout the world that is used by The Promoter or its agents in connection with the promotion or marketing of The Promoter, and its products and services for a period of up to 5 years. You represent and warrant to The Promoter that you own all Content and/or have the unencumbered legal right to grant the above-referenced license to The Promoter, with respect to all content that you submit. You also recognise that such materials do not infringe on any third party copyrights or other third party intellectual property rights.
23. The Promotion and these terms are governed by English law and subject to the exclusive jurisdiction of the English and Welsh courts.
24. The Promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram or Facebook. You are providing your information to Botanical Lab, not to Instagram or Facebook.
25. Entrants further agree that no content will be submitted that:
i. Is known to be false, inaccurate or misleading;
ii. Is offensive, obscene, vulgar, or is inappropriate for a public and family friendly forum;
iii. Is, or may be considered to be, defamatory, libellous, hateful, racially or religiously biased or offensive, threatening or harassing to any individual or entity;
iv. Is considered bullying, spiteful or upsetting to other participants;
v. Infringes any third party’s copyright, patent, trademark, trade secret, right of publicity, rights of privacy, moral rights or any other applicable personal or proprietary rights;
vi. Encourages or advocates any unlawful or unauthorized behaviour or activity or violates any law, statute, ordinance or regulation;
vii. Includes any information that references other websites, addresses, email addresses, contact information or phone numbers; or
viii. Contains any computer viruses, worms, Trojan horses or other potentially damaging computer programs or files.
The Promoter reserves the right to have these comments removed and the entrant will be disqualified from the Promotion. The Promoter also reserves the right to alert Instagram or Facebook to any such behaviour, which may result in the person’s account being frozen pending investigation.
26. If for any reason any aspect of this promotion is not capable of running as planned, including by reason of infection by computer virus, network failure, bugs, tampering, unauthorised intervention, fraud, technical failures or any cause beyond the control of the Promoter which corrupts or affects the administration, security, fairness, integrity or proper conduct of this promotion, the Promoter may in its sole discretion cancel, terminate, modify these terms and conditions or suspend the promotion, or invalidate any affected entries.
27. The Promoter and its associated agencies and companies will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense or damage which is suffered or sustained (whether or not arising from any person’s negligence) in connection with this promotion or accepting or using the prize/gift, except for any liability which cannot be excluded or limited by law (including personal injury, death and fraud).
28. If any of these clauses should be determined to be illegal, invalid or otherwise unenforceable then it shall be severed and deleted from these terms and conditions and the remaining clauses shall survive and remain in full force and effect.