Terms and Conditions
Latest update: 31 August 2023
By placing an order on this website, you are agreeing to the following terms and conditions:
1. ORDERS AND CANCELLATIONS
1.1 Order Acceptance Policy. In order to place an order we require your name, email address, payment details and the details of the order. You do not need to create an account with us, but we will store the details of your order on our systems in order to process this, and full details of how and where your data is stored can be found in our privacy statement. Once an order has been successfully placed and accepted we'll send you an order confirmation email to the email address entered during the checkout process. If you do not receive this email, please contact the Customer Team at https://theurbanbotanist.co.uk/pages/contact who can check that the order has gone through and ensure you receive the confirmation email. All orders and subscription requests received are subject to acceptance by The Urban Botanist and any of its personnel, reserve the right, at our absolute discretion, to reject any order without giving reasons. In the event of rejection, we will refund or cancel any payments received in full, via the payment method used to place the order.
1.2 Timing of your order. Our current processing time is up to 2 working days.
1.3 Changes to your order. If you wish to change your order please contact our team via our contact form https://theurbanbotanist.co.uk/pages/contact . We'll always do our best to make last-minute changes for you, but we can only guarantee changes (including to the delivery address and in relation to card messages) that are requested before the order was processed or dispatched. At peak periods (see paragraph 1.4 for the meaning of peak periods) we begin processing orders earlier than usual, to account for the large volume of deliveries. This means that we may not be able to amend your order.
1.4 Cancellation policy. One-off orders can be cancelled as long as it’s not being processed or dispatched. If you wish to cancel your order, please contact us either via email or our contact form https://theurbanbotanist.co.uk/pages/contact.
1.5 Your confirmation order email will contain a unique purchase reference number. Please use this reference number in any subsequent correspondence.
2.1 We accept payment by all major credit and debit cards, alternative payment methods (i.e. Google Pay, Apple Pay) and any other credit and/or debit cards as we may specify from time to time
2.2 By clicking on the 'Pay Now' button at the end of the order process, you are consenting to be bound by our Terms and Conditions contained in these terms and conditions and appearing anywhere on the website.
2.3 We never store or have access to your credit or debit card details.
3.1 Prices shown are in pounds sterling and are subject to change without notice.
3.2 We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
3.3 We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
4. DELIVERY POLICY
4.1 In the UK we deliver by DPD. Deliveries take place between Monday and Friday.
4.2 We offer free shipping on all orders above £50. Free delivery excludes selected postcodes: AB31-35, AB41-54, AB36-38, AB55-56, FK17-21, G83, GY (ALL), HS1-9, IM (ALL), IV (ALL), KA27, KA28, KW0-14, KW15-17, PA20-78, PH15-18, PH19-29, PH32-33, PH45-48, PH30-31, PH34-44, PH49-99, ZE (ALL) Isle of Man (ALL) Isle of Wight (ALL) Northern Ireland BT (ALL) Jersey JE (ALL).
If you’d like a parcel to be delivered to the above postcode, please contact us before to find out the shipping costs.
4.3. We reserve the right not to combine two separate orders into one package. If you place two separate orders, they will be shipped in separate packages.
4.4 In the event of a delay by a courier, we are unable to offer a refund or to resend your delivery.
4.5 We cannot guarantee that delivery instructions will be followed.
4.6 Timed deliveries are not available.
4.7 Although our team will always try our best to ensure punctual delivery for our customers, The Urban Botanist cannot be held responsible if a delivery arrives late due to any circumstances impacting the availability of the postal service that we use or anything else outside of The Urban Botanist control.
4.8 The Urban Botanist only delivers within the United Kingdom. We do not deliver to PO boxes and BFPO addresses or to The Channel Islands.
4.9 We reserve the right, at our absolute discretion, to use a different delivery method without prior notification.
4.10 We reserve the right, at our absolute discretion, to cancel your subscription if it becomes apparent to us that the postal or courier service in your area is too unreliable. We value our customers and our ability to deliver, so where we can't, we won't risk disappointing you. In such circumstances, if your card has already been billed for a delivery that will no longer be fulfilled we will issue a full refund.
4.11 Please be aware that your order will be delivered to the address provided in good faith and we cannot accept responsibility if the intended recipient is no longer at that address and the receiver refuses or fails to return the item(s).
4.12 In the event of being unable to find someone to accept delivery, or where it is not possible to leave the delivery in a secure location, a card will be left at the recipient's address with collection details. If the recipient fails to collect or make contact in good time to re-arrange delivery we reserve the right to charge for a re-delivery to that or an alternative address. Please also refer to our refund policy.
5. GUARANTEE, RETURNS AND REFUNDS
5.1 We aim to delight our customers by delivering fresh plants and terrariums, in great condition, on time.
5.2 Plants/Ready-made terrariums. If you receive plants that do not seem fresh, please contact the Customer Team at https://theurbanbotanist.co.uk/pages/contact to let us know. Please note that you will need to email us a photo of the plants or the ready made terrarium within 2 days of receipt in order to be eligible for a refund or a replacement. If we offer you a refund, we will refund you the full amount within 5 days. Please note that banks might take approximately an additional 5-10 business days to refund the amount on your card.
5.3 Guarantee of plants in ready-made terrariums.
5.3.1 Guarantee Period. We offer a 30-day guarantee on the live plants included in our ready-made terrariums, starting from the date you receive the product.
5.3.2 Reporting Plant Death. If a live plant in your ready-made terrarium dies within 30 days of your receipt, you are required to notify us immediately via email. Photographic evidence of the deceased plant must be included in your email for verification purposes.
5.3.3 Replacement Conditions. We will provide a replacement plant under the strict condition that you have adhered to the care instructions provided with your ready-made terrarium. It will be evident to us if the care instructions have not been followed, and failure to comply with these guidelines will void the guarantee.
5.4 Damage in transit. While our products are packed carefully to ensure they arrive, on a small number of occasions (and for reasons beyond our control) they may get damaged in transit. Should this occur to a level that you deem unacceptable, please contact us. Please note that you will need to email us a photo of the damaged products in question, together with the outer packaging within 2 days of receipt of the parcel in order to be eligible for a refund or a replacement.
5.5 Damage to the Glass. Fragility of Glass. Please be advised that the glass components of our product are fragile and should be handled with the utmost care at all times. Avoid striking, hitting, or applying excessive force to the glass, as this can result in damage. We are not liable for any accidental damage caused to the glass due to mishandling.
5.5.1 Liability for Transit Damage. We are only liable for damage to the glass that occurs during the transit process and prior to your receipt of the product. Any damage incurred after the product has been received and opened is not our responsibility, unless explicitly stated otherwise.
Our glass products are packed with care and consideration. We're well practiced in sending glass so it rarely breaks in the post. In the unlikely event that this does happen you will need to provide us with the following information, by email to email@example.com, within 48 hours of delivery: 1. A photograph of the broken product, making the quantity and product itself clear 2. Your order number 3. Details of the product names and quantities broken 4. Whether you would like a replacement or refund
5.5.2 Damage After Planting. Please note that if the glass is damaged after you have begun the planting process, you will not qualify for any form of compensation.
5.6 Returns. Please understand that due to the perishable nature of plants, we are unable to accept returns. This includes our ready-made terrariums.
5.7 Plant availability and substitution. All floral products are subject to availability. In the event of any supply difficulties or if the plants we have received from our growers that are needed to make up your order do not meet our high quality standards, we reserve the right, at our absolute discretion, to substitute any product with an alternate product of a similar style and equivalent (or greater) value and quality.
6. OFFERS AND PROMOTION CODES
6.1 At our discretion, from time to time, we may offer products at discounted prices. These offers are valid from the time that we introduce them to the end date of the offer and they cannot be used for purchases before the offer introduction date or after the offer end date.
6.2 In the event that a customer has made a purchase and the price of the purchased product subsequently falls or is discounted owing to a special offer, the price of the product at the time of purchase shall prevail. We are unable to offer special offer discounts for purchases that have already been made.
6.3 We also reserve the right, at our absolute discretion, to offer different personalised special offers and promotions and it will therefore only be possible for the customer in receipt of the special offer to redeem the promotion code.
6.4 Unless explicitly otherwise stated, free or discounted introductory offers are only available to new users of The Urban Botanist service and are only available once to any one household.
6.5 Promotion codes and credits cannot be used in conjunction with credits and/or any other offers.
6.6 We only allow one promotion code to be used per order.
6.7 Except where otherwise stated, promotion code discounts and credits are available only once to any one person.
6.8 Credit expires 12 months from the date that it is added to an account.
6.9 We reserve the right, at our absolute discretion, to expire or revoke credit, or to temporarily remove the ability to redeem credit on our site.
6.10 We reserve the right to apply credit to customer accounts on our site to reward loyalty.
6.12 Unless otherwise specified, promotion code are only valid for single purchases and are not valid for bundles, gift subscriptions or regular subscriptions.
6.13 Promotion code and voucher codes cannot be redeemed against courier delivery charges, percentage promotion code discount vouchers are applied only to the product cost unless otherwise stated.
6.14 Promotion code and credit can only be redeemed online at The Urban Botanist store
7. CIRCUMSTANCES BEYOND OUR CONTROL
7.1 Adverse weather conditions. During adverse weather conditions (including but not limited to heavy snow, ice, flooding or high winds), our delivery partners may not be able to deliver orders on time. This is outside of our control and we cannot accept responsibility for the late delivery of the order. Therefore, in the event of adverse weather conditions, we aren't able to refund or offer re-delivery of affected orders.
7.2 Force Majeure. The Urban Botanist shall not be liable for delay in performing or for failure to perform its obligations if the delay or failure results from any of the following: (i) acts of God, (ii) epidemic or pandemic; (iii) outbreak of hostilities, riot, civil disturbance, acts of terrorism, (iv) the act of any government or authority (including refusal or revocation of any licence or consent), (v) fire, explosion, flood, fog or adverse weather, (vi) power failure, failure of telecommunications lines, failure or breakdown of plant, machinery or vehicles, (vii) default of suppliers, sub-contractors or delivery partners, (viii) theft, malicious damage, strike, lock-out or industrial action of any kind, and (ix) any cause or circumstance whatsoever beyond The Urban Botanist’s reasonable control.
8. CUSTOMER AND RECIPIENT PERSONAL INFORMATION
8.1 To ensure that we can communicate effectively with both customers and recipients, it is very important that you provide accurate personal information. The Urban Botanist is not liable for any damage resulting from incorrect information or unlawful disclosure of (personal) data or information provided by you.
8.2 You may not provide us with (personal) data or information from or about others without their prior consent. You also bear full responsibility for making others' (personal) data or information available to us.
8.3 Please remember that we value your privacy and will never lease, rent or sell your private information. For more information, please see our privacy statement.
8.4 During the checkout process, we ask for the following personal information:
8.5 Customer's email address. We use this information to provide a better customer experience by sending order confirmations, substitution information, dispatch confirmations and delivery confirmations. If you give permission for us to do so during the ordering process, we will also use the customer's email for marketing communications from time to time. Please ensure that email addresses are accurate.
8.6 Customer's full name and address. If you give permission for us to do so during the ordering process, we will use the customer's address for marketing communications from time to time.
8.7 Customer's telephone number. We use this information to contact customers in the event of problems with the order such as payment failures or delivery issues.
8.8 Recipient's full name and address We require this information in order to deliver the flowers you have ordered. It is vital that the recipient's address is accurate.
9. INTELLECTUAL PROPERTY
9.1 All intellectual property rights in any trade marks, logos, content (including our website’s structure and layout), graphics, images, photographs, animation, videos, text, software, and any other materials used on this site are our intellectual property or that of our suppliers, partners or other users. For the purposes of your personal use only, you may view such material on your screen and print a single copy. You may not otherwise use, sublicense, retrieve, display, modify, copy, print, sell, distribute, download, hire, reverse engineer (unless permitted by applicable law) or create extracts of, or derivative works from, such material without our specific prior written consent.
9.2 You must not collect, scrape, harvest, frame or deep-link to any information on our website without our specific prior written consent.
9.3 You licence (i.e. permit) us to use your user generated content both on our own website and for marketing purposes on other channels including different websites, social media and emails. User generated content includes but is not limited to your comments, photos, recipe ratings and reviews.
10.1 We process your Personal Data to prepare, execute and complete an Agreement, as well as for other purposes, such as direct marketing. The Urban Botanist has an online privacy statement in which information is provided about the processing of Personal Data and your rights in that respect, see also the Privacy Statement as included on the Website.
12.1 We reserve the right to supplement and amend the Terms and Conditions on which you are permitted access to the Urban Botanist site and/or the The Urban Botanist service from time to time. We will post any changes on the The Urban Botanist site and it is your responsibility as a customer to review the Terms and Conditions on each occasion you access the The Urban Botanist service or The Urban Botanist site. Changes will be effective five (5) hours after the posting of any such change and all subsequent dealings between you and us shall be on the new Terms and Conditions.
12.2 We do not guarantee that our website, mobile applications or services will be uninterrupted or error-free and we will not be responsible for any losses arising from such errors or interruptions. Additionally, we reserve the right to suspend, restrict or terminate access to the The Urban Botanist website, mobile applications and/or the The Urban Botanist services for any reason at any time for repair, maintenance, improvement or other technical reason, and to make changes to them.
12.3 These Terms and Conditions shall be deemed to include all other notices, policies, disclaimers and other terms contained in the The Urban Botanist site, provided that in the event of a conflict between any such other notices, policies, disclaimers and other terms, these Terms and Conditions shall prevail. If any of these Terms and Conditions is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect
12.4 A person who is not a party to the agreement between you and us has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of the Terms and Conditions but this does not affect any right or remedy which exists apart from that Act.
12.5 In respect of fraudulent misrepresentation, this agreement (including any documents and instruments referred to herein) supersedes all prior representations, arrangements, understandings, and agreements between you and us (whether written or oral) and sets forth the entire agreement and understanding between you and us relating to the subject matter hereof.
12.6 Your purchase will be deemed to have occurred in the UK if the delivery was to an address in the UK. In the event of a delivery to an address in the UK, these Terms and Conditions shall be governed by and construed in accordance with English Law and the parties agree to submit to the exclusive jurisdiction of the English courts. In the event of a delivery to the Republic of Ireland, these Terms and Conditions shall be governed by and construed in accordance with law of the Republic of Ireland and the parties agree to submit to the exclusive jurisdiction of the courts of the Republic of Ireland.