Welcome to www.botanistry.com (the “website”), a website owned and operated by Botanistry Limited. These Terms & Conditions apply to the contents of the website. Throughout the website, the terms “we”, “us” and “our” refer to Botanistry Limited. Botanistry Limited offers this website, including all information, tools and services available from this website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our website and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following Terms and Conditions (“Terms”, “Terms & Conditions”), including those additional Terms and Conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the website, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms & Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the Terms and Conditions of this agreement, then you may not access the website or use any Services. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
We reserve the right to refuse Service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
None of the products contained in our website are intended to be or should be taken for medical diagnosis or treatment of any health problem. All information on the website is for the sole purpose of general knowledge. It is not a substitute for nor does it constitute medical advice. Always seek the advice of your healthcare professional when starting any health, nutritional, vitamin supplement or related product or program. If you are pregnant or breastfeeding or have any allergies or illnesses, you should seek medical advice before consuming any product purchased from the website.
ACCURACY, COMPLETENESS & TIMELINESS OF INFORMATION
Whilst every effort is made to ensure all information is accurate at the time of inclusion, we are not responsible if information made available on this website is not accurate, complete or current. The material on this website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this website is at your own risk. We reserve the right to modify the contents of this website at any time, but we have no obligation to update any information on our website. You agree that it is your responsibility to monitor changes to our website.
ERRORS, INACCURACIES & OMISSIONS
Occasionally there may be information on our website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law.
PRODUCTS OR SERVICES
We have made every effort to display as accurately as possible the colours and images of our products. We cannot guarantee that your computer monitor or mobile screen display of any colour will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this website is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
MODIFICATIONS TO THE SERVICE & PRICES
Unless expressly stated otherwise, all prices on the website are in New Zealand Dollars ($). Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
ORDER PLACEMENT & DELIVERY
You must pay the order amount in full together with any postage or shipping charge through the website at the time of making the purchase of the relevant goods. Postage will typically incur an additional charge calculated and notified to you at the time of purchase. Where postage is free or included in the purchase price this will be expressly stated.
Botanistry Limited accepts major credit cards and any other valid payment methods as indicated to you via the website at the point of payment, but accepts no responsibility for payment errors including as caused or contributed to by your issuing bank, credit card providers, merchant gateways or other payment intermediaries.
Once you have submitted an order into our system it may not be possible to cancel the order even if our system notes that acceptance or rejection of your offer is still pending.
The estimated date of delivery of your order will be notified to you at the time of purchase. We give no guarantees regarding shipping time or the performance of our nominated carriers.
All sales are final due to specific health and hygiene protocols because the products are dietary supplements. If you receive a wrong order or damaged product, you should contact us via [email protected] within 48 hours of receiving the product. Products must have the security seal intact.
GIFT, PROMO & OFFER CODES
From time to time, Botanistry Limited may offer qualified consumers “gift codes” or “offer codes” or “promo codes” through a variety of promotional activities and communications (collectively referred to herein as “offer codes”) that are redeemable towards a purchase on www.botanistry.com, while supplies last, and subject to certain merchandise exclusions or any other restrictions as may be determined and communicated by Botanistry Limited in its sole discretion. Only valid offer codes provided or promoted by Botanistry Limited will be honoured at checkout. Codes supplied or promoted by third parties unauthorised by Botanistry Limited (including any unauthorised third party websites) will not be considered valid. Each offer code promoted by Botanistry Limited is non-transferable and valid for single use on an item (or items) of merchandise as determined by Botanistry Limited. Offer codes may not be combined and may not be used in conjunction with any future Botanistry Limited Referral Program. Customers are limited to the use of a single offer code per order. Offer codes cannot be used towards purchase of non-branded merchandise, packaging or applicable taxes. For online purchases, the code must be entered in the relevant field at checkout. Botanistry Limited is not responsible for lost, stolen or corrupted codes or any unauthorised use of codes. Offer codes cannot be redeemed for cash or any cash equivalent; no substitutions or credits allowed. The dollar value of any offer code will not be refunded or credited back if any or all of the merchandise is returned. Expiry dates may apply to each offer code. Offer codes are void if copied, transferred, sold, exchanged or expired, and where prohibited. Requests not complying with all offer code requirements will not be honoured.
All offer codes communicated via direct mail or email require a minimum order value to be eligible. All Botanistry Limited offer code restrictions and rules apply to the direct mail offers.
From time to time, Botanistry Limited may also engage spokespeople, influencers, content creators, bloggers, or other individuals or entities who have been compensated or incentivised to speak on behalf of the brand. When you receive an offer code via a third party source, please note that such individuals may have been compensated by Botanistry Limited for their statements.
ACCURACY OF BILLING & ACCOUNT INFORMATION
When ordering, please be sure to provide your full name, exact billing address and any other required information. Incorrect information may cause a delay in processing your order. All orders are subject to availability of stock. We may not be able to make changes to orders once they have been placed. However, if notified by the customer of an error (by email) we will do our best to correct the order.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made on our website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
When you visit the website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
All content posted on this website are the property of Botanistry Limited. Unless otherwise noted, all content included on this website, including images, illustrations, designs, icons, photographs, video clips and written and other materials, is the property of Botanistry Limited or its partners or affiliates and is protected by international copyright laws. Any unauthorized use of any content or materials on this website is strictly prohibited and may violate copyright laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes. You may use the materials or content on this website only with our prior written and express authorization. To inquire about obtaining authorization to use the materials or content on this website, please contact us at [email protected]
USER COMMENTS, FEEDBACK & OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation: (a) to maintain any comments in confidence; (b) to pay compensation for any comments; or (c) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). In addition to other prohibitions as set forth in the Terms & Conditions, you are prohibited from using the website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit worms or viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you. You expressly agree that your use of, or inability to use, the Service is at your sole risk. All products and Services delivered to you through the Service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Botanistry Limited, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility.
You agree to indemnify, defend and hold harmless Botanistry Limited and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms & Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms & Conditions are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any Term or provision of these Terms & Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms & Conditions and any policies or operating rules posted by us on this website or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms & Conditions). Any ambiguities in the interpretation of these Terms & Conditions shall not be construed against the drafting party.
These Terms & Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New Zealand. Any claim relating to the website, the products or Service provided through the website or the content shall be governed by the laws of New Zealand and you irrevocably submit to having the matter dealt with by the courts in New Zealand.
CHANGES TO TERMS & CONDITIONS
You can review the most current version of the Terms & Conditions at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms constitutes acceptance of those changes.
If you have any questions relating to the Terms & Conditions, please contact us by email at: [email protected] or by mail via: Compliance & Privacy, Botanistry Limited, PO Box 87194, Meadowbank, Auckland 1742, New Zealand.