This website is owned and operated by Wild Thyme Plants. Please read these terms and conditions carefully as they contain important information regarding your rights and obligations.
1.1. Please read these terms and conditions carefully before using the website operated by Wild Thyme Plants (“Wild Thyme Plants”, “our”, “we” or “us”).
1.2. By using or accessing our website you agree to be legally bound by these terms and conditions of use as they apply to your use of or access to our website as they may be modified and posted on our website from time to time.
1.3. If you do not wish to be bound by these terms and conditions then you may not use our website.
2. Nature of our Website
2.1. Our website is a place for you to enjoy selecting and ordering products and other cosmetic items (the “Products”). Our website describes the Products in more detail.
3. Buying Products on our Website
3.1. To order a product you will need to follow the simple ordering procedures set out there. Details of our prices for the Products and the procedures for payment and delivery are displayed on our website.
3.2. Any times or dates stated on our website for delivery are estimates only. We will make all reasonable effort to deliver goods within the time specified, but do not accept liability for any failure to deliver within that time. We will attempt to minimise these disruptions particularly at times such as Christmas, Easter etc.
3.3. You must pay by debit or credit card at time of order. The price of any Product is the price in force at the date and time of your order. We may change the price of any Product before you place an order. We will endeavour to ensure that our prices displayed on our website are accurate but the price on your order will need to be validated by us as a part of the acceptance procedure. We will inform you in the unlikely event that a Products correct price is higher than that stated on your order and you may decide whether or not to order the Product at the correct price. We also reserve the right to accept an order even if the Product price is higher than that stated on the website, but this shall not be construed as setting a precedent. The prices quoted for each Product are inclusive of any applicable taxes but exclusive of delivery costs.
3.4. We are entitled to refuse any order placed by you. If your order is accepted, we will confirm acceptance to you by online electronic means to the email address you have given us on ordering. The order will then be fulfilled either by a date set out in the email, or if no date is quoted, within 21 days. However our aim, excluding holiday periods, is to dispatch orders within 2/3 working days of receipt.
3.5. If the product you ordered is unavailable you will be notified by email. You will then have the choice of cancelling the unavailable item or waiting until the item is available.
3.6. You undertake that all details you provide to us for the purpose of purchasing Products which may be offered by us will be correct, that the debit or credit card, or any electronic cash, which you use is your own and that there are sufficient funds or credit facilities to cover the cost of the goods. We reserve the right to obtain validation of your credit or debit card details before providing you with any goods.
3.7. Delivery of Products is at the risk of the consignee. Any failure of delivery should be notified to us via email or post as detailed in clause 4.3 below.
3.8. The Products you purchase from this website are for personal use only and you may not sell or re-sell any purchased Product.
We have every reason to believe you will be delighted with your purchase. All plants are dispatched in excellent condition and are checked before they leave the nursery. After they have left the nursery we cannot accept further liability once in your care due to environmental factors which are beyond our control. In the very unlikely event of your order arriving damaged, please notify us within 3 days of receipt, giving arrival date and all relevant details. Plants are usually only replaced when lost or damaged in transit. However, if for any reason you are unhappy with your purchase please contact us using the contact form on the website. Please clearly state the reasons for your concerns and we will attempt to resolve the problem, in the first instance by email or telephone, to the satisfaction of yourselves and Wild Thyme Plants. If it becomes necessary to return any ordered items the return cost will be at your expense unless we agree otherwise. Plants should be returned to us in their original packaging. Any refund agreed by Wild Thyme Plants will not be made until a returned item is in our possession. the placing of an order implies an acceptance of these conditions. If you have any complaints, you should direct them to us in the first instance via email at firstname.lastname@example.org .
5. Modifications to Website
5.1. We reserve the right to make changes or corrections, alter, suspend or discontinue any aspect of our website or the content or Products offered through it, including your access to it. Unless explicitly stated to the contrary, any new features including new content, and/or the sale of new Products and/or the release of new software tools or resources shall be subject to these terms and conditions.
6. Information you provide to us
⎯ You authorise us to use, store or otherwise process any personal information which relates to and identifies you, including but not limited to your name and address, to the extent reasonably necessary to provide the services which are available through our website by us. Note that this excludes debit/credit card details used during a purchase, which are not visible to us.
6.2. By using our website and therefore accepting these terms and conditions, you agree to the processing and disclosure of Personal Information for the Purposes. If you would like to review or modify and part of your Personal Information you should email us at email@example.com
6.3. In addition the following also applies to all messages, emails, bulletin board postings, ideas, suggestions, concepts or other material submitted by you to us (“Context”)
⎯ You must own or have right to submit Content for publication on our website and all Content submitted by you must be legal, honest, decent and truthful and comply with all applicable laws, regulations, standards and/or codes of practice;
⎯ You must ensure that all Content submitted to us does not infringe the copyright, design, privacy, publicity, data protection, trade mark or any other rights of any third party, nor be obscene, abusive, threatening, libellous, or defamatory of any person or be otherwise unlawful;
⎯ You must ensure the Content does not advertise or otherwise solicit for funds or is a solicitation for goods or services; and
⎯ We have the right to monitor Content and may edit, reject or remove Content if we believe it does not comply with the above and , in particular, we reserve the right to block incoming emails and other Content if we believe that their content is or may be inappropriate or otherwise does not comply with the above.
6.4. You grant us a non-exclusive, irrevocable, royalty free, worldwide licence to publish all Content that you submit to us except for any portion of the Content that is Personal Information. You have sole responsibility for the Content which you submit to us and you shall indemnify and shall keep us fully and effectively indemnified on demand from and against all such actions, claims, losses, liability, proceedings, damages, costs, expenses, loss of business, loss of profits, business interruption and other pecuniary or consequential loss (including legal costs and expenses) suffered or incurred by us and arising directly or indirectly out of publication of Content submitted by you to us.
6.5. You warrant and undertake that you will not use our website for any purpose that is illegal or prohibited by these terms and conditions, including without limitation the posting or transmitting of libellous, defamatory, inflammatory, or obscene material. If you breach these terms and conditions then your permission to use this website terminates immediately without the necessity of any notice being given to you. We retain the right to deny access to any person who fails to comply with these terms and conditions
You are solely responsible in all respects for all use of and for protecting the confidentiality of any username, email verification, and password that may be given to you or selected by you for use on our website. You may not share these with or transfer them to any third parties. You must notify us immediately of any unauthorised use of them or any other breach of security regarding our website that comes to your attention.
8. Applicability of online materials
8.1. Unless otherwise specified all content and materials published on our website are presented solely for your private, personal and non-commercial use.
8.2. We have used our reasonable endeavours to ensure that our website complies with UK laws. However, we make no representations that the materials on our website are appropriate or available for use in locations outside the UK. Those who visit our website from other locations do so on their own initiative and are responsible for compliance with all applicable laws. If use of our website and/or viewing of it, or use of any material or content on our website or services, or products offered through our website are contrary to or infringe any applicable law in your jurisdiction(s), you are not authorised to view or use our website and you must exit immediately.
8.3. We make no representations and gives no warranties, express or implied that making the Products available in any particular jurisdiction outside the UK is permitted under any applicable non-UK laws or regulations. Accordingly, if making the Products or any part available in your jurisdiction or to you (by reason of nationality, residence or otherwise) is prohibited, those Products are not offered for sale to you. You accept that if you are resident outside the UK, you must satisfy yourself that you are lawfully able to purchase the Products. We accept no liability, to the extent permitted by applicable law, for any costs, losses or damages resulting from or related to the purchase or attempted purchase of the Products by persons in jurisdictions outside the UK or who are nominees of or trustees for citizens, residents or nationals of other countries.
9. Copyright and Monitoring
The contents of our website are protected by international copyright laws and other intellectual property rights. The owner of these rights is in our name. All product and company names and logos mentioned in our website are the trade marks, service marks or trading names of their respective owners, including us. You may download material from our website for the sole purpose of placing an order with us or using our website as a shopping resource. However, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from our website including but not limited to text, graphics, video, messages, code and/or software without our prior written consent, except where expressly invited to do so.
10. Linked Sites
We make no representations whatsoever about any other websites which you may access through our website or which may link to our website. When you access any other website you understand that it is independent from us and that we have no control over the content or availability of that website. In addition, a link to any other website does not mean that we endorse or accepts any responsibility for the content, or the use of, such a website and we shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource. Any concerns regarding any external link should be directed to its website administrator or web master.
11. Availability of our Website
We will try to make our website available but cannot guarantee that our website will operate continuously or without interruptions or be error free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of our website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other Internet connected device.
12. Applicability of online materials
12.1. We promise that for any Product you purchase from our website:
⎯ we have the right to sell the Product to you;
⎯ the Product will correspond with the description we have given to you;
We also promise that any service we provide to you will be provided with reasonable skill and care.
We exclude all other express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to any products (including without limitation the Products), our website or any information or service provided through our website.
We will do our best to ensure that all materials and information published on our website are accurate, but please note that all content, materials and information on our website are provided on an ‘as is’ basis and you assume total responsibility and risk for your use of our website and use of all information contained within it.
Our Products are all genuinely handmade and are produced in small batches. It is therefore possible that variations will occur between batches in terms of scent, texture or colour and may vary from the illustrations on our website.
12.2. We accept no liability for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business (whether direct or indirect) in each case, however caused, even if foreseeable. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of our website or its contents other than as a direct result of purchasing Products (which shall be subject to the exclusions and limitation of liability set out in these terms and conditions), we accept no liability for this loss or damage (except where we have been negligent) whether due to inaccuracy, error, omission or any other cause and whether on the part of us or our servants, agents or any other person or entity.
12.3. If we are liable to you for any reason, our liability will be limited to the amount paid by you for the Product concerned. This limit does not apply to any liability we may have for death or personal injury resulting from our negligence or for our fraudulent misrepresentation.
12.4. You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our website and is compatible with our website. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from our website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
12.5. The limitations and exclusions in this clause do not affect your non-excludable statutory rights and only apply to the extent permitted by applicable law.
13.1. We may assign, transfer, novate or subcontract any or all of our rights and obligations under these terms and conditions at any time.
13.2. We may alter these terms and conditions from time to time and post the new version on our website, following which all use of our website will be governed by that version. You must check the terms and conditions on the website regularly.
13.4. If any provision or term of these terms and conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them.
13.5. These terms and conditions and your use of our website are governed by English law and you submit to the non-exclusive jurisdiction of the English court.
13.6. Except in respect of a payment obligation, neither you nor will we be held liable for any failure to perform any obligation to the other due to causes beyond your or Company Name’s respective reasonable control.
13.7. Failure or delay by either party enforcing an obligation or exercising a right under these terms and conditions does not constitute a waiver of that obligation or right.
13.8. These terms and conditions do not confer any rights on any person or party (other than you and/or us) pursuant to the Contracts (Rights of Third Parties) Act 1999.
14.1. All notices shall be given to us via email at firstname.lastname@example.org ; or to you at either the email or postal address you provide during the ordering process.
Notice will be deemed received when an email is received in full (or else on the next business day if it is received at a weekend or a public holiday in the place of receipt) or 3 days after the date of posting.