Terms and Conditions

Disclaimer

Botanica on Bowen would like to welcome you to this website, we have worked hard to make it as user-friendly and informative as possible. When viewing the pages of this website, you acknowledge that you have read and accepted the following disclaimer.

The information on this website is provided 'as is' and for general information only. Botanica on Bowen has provided this information for the benefit of users in good faith and with reasonable care. However, errors and omissions in this website and the information on it may occur from time to time and Botanica on Bowen does not guarantee the website will always operate or be error free.

Accordingly, to the maximum extent permitted by law, Botanica on Bowen does not accept any liability for the use of or inability to use this site, or for any loss or damage which may directly or indirectly result from any opinion, information, advice, representation or omission contained on this website.

Returns Policy

We will always do our very best to send you a quality product. If you are unhappy with your product on arrival, please notify us within 24 hours and we will rectify the problem. If your product has been damaged in transit, please send us photos of how your package arrived and signs of any damage to the box and product. We follow a Claims process with our local courier and either a credit or replacement will be sent, subject to availability.

Houseplants - We send our houseplants in customised plant boxes, to ensure a safe and efficient delivery. They are very clearly sign written to keep upright and are specified on the box they are living plants. They also have an insert inside the box, so that if in the event your plant does have a bumpy ride, that the plant should still be in one piece, and all the soil hasn't been shaken out of the pot. If your plant has been damaged in transit, please send us photos of how your package arrived and signs of  any damage to the box and product. We follow a Claims process with our local courier and either a credit or replacement will be sent, subject to availability.

Privacy

The privacy of your customer data, orders and financial details are important to us. We will not disclose or sell your customer data to any third party. We will only send you email newsletters if you explicitly opt in.

Your credit card details are processed in real time by an independent payment gateway authorised by our bank. Credit card details are not stored anywhere on our servers nor in our premises.

Delivery 

Once payment is cleared, we dispatch orders the next business day (with exception to plant orders that are dispatched Monday or Tuesday as they are living plants). North island deliveries are normally within 2 working days. South Island is normally within 3-4 working days. Rural delivery expect a further 1-2 days in transit. With Plant deliveries - we dispatch only early on in the week to allow an extra day for any delays rather than risk your plant sitting in a depot over the weekend.

We will send you an email notifying you when your order has been shipped. If you would like to track a delivery, please flick us a message and we can request a track and trace for you.

Botanica on Bowen makes every effort practical to ensure your purchase is delivered within a reasonable timeframe. By placing an order, you agree not to hold Botanica on Bowen liable for any loss or damage directly or indirectly arising out of or in connection with any delay or failure to deliver within a reasonable or estimated timeframe.

We only send our products within New Zealand.

Customs and Duties

We only send our products within New Zealand. If you wish to send outside of New Zealand, this is something that you, the Customer must arrange. For any orders shipped outside of New Zealand the customer is the importer of record and will be responsible for all customs import duties and sales tax charges. These charges vary in each country and are outside of Botanica on Bowens control. Contact your local customs office for more information on what import duties or sales taxes may be imposed. Products of a living nature (ie- plants) you should also contact MPI (Ministry of Primary Industries) for further information.


Addressing

If a product is found to be mis-addressed by Botanica on Bowen then we shall be responsible for the re-delivery, replacement or refund of product. If the customer is found to have given an incorrect or insufficient address, then we will not refund or resend the product and all responsibility for correcting delivery will be borne by the Customer.


Cancellation

By purchasing products from Botanica on Bowen ("Botanica on bowen", "we", "us", "I", "me", "our") or using this website, the purchaser ("Customer", "you", "your") agrees to the following terms and conditions of the sale (the "Terms"). If a purchaser wishes to cancel an order they must contact Botanica on Bowen by using one of our forms of contact. If the order has already been processed a cancellation may not be possible. Also see Returns and Refunds. Botanica on Bowen reserves the right to cancel orders for any reason or to cancel the purchase agreement after order confirmation, including ( without limitation) where Botanica on Bowen believes the order to be fraudulent or constitute a mis-use of a promotional or marketing activity or where an error has occurred including but not limited to errors relating to pricing. If we do cancel your order or purchase agreement, we accept no liability  for any resulting damages or costs suffered by you, however we will refund the purchase price to you (where it has been paid).

Refunds

Botanica on Bowen will comply with its obligations under the Consumer Guarantees Act or any other applicable consumer protection legislation that cannot be excluded. Subject to any such applicable laws, refunds or replacement products or services will be given at the discretion of company management. Also see Returns.

Security

Our online store is hosted on Website Builder. They provide us with the online e-commerce platform that allows us to sell our products and services to you. Botanica on Bowen uses reasonable endeavours to ensure the website, and any transactions conducted on it, are secure. However you have to acknowledge that the security of information and payments transmitted via the internet can never be entirely secure or error free. Botanica on Bowen will not be liable for any damages suffered due to failure, delay, interception or manipulation of electronic communications by third parties on any computer programmes (eg - those used for transmission of viruses).

Incorrect Bank Account Number

Botanica on Bowen gives the customer the choice to pay for products through bank transfer. If the customer credits money to the incorrect bank account number, and the correct number was provided to the Customer by Botanica on Bowen, then Botanica on Bowen will not accept any responsibility for correcting payment and goods will not be dispatched by Botanica on Bowen until full payment has been received in full.

Pricing, Payment and Title

All pricing is provided in New Zealand Dollars (NZD). Botanica on Bowen's available payment methods will be presented at the time of purchase. Botanica on Bowen retains title in the products purchased until Botanica on Bowen receives payment in full. Although we do our best to ensure prices stated on this website are correct, errors can occur from time to time. Where pricing error occurs (subject to applicable law that cannot be excluded), we will not be bound by the incorrect pricing stated, and reserve the right to cancel your purchase.

GST

For New Zealand delivery addresses, all prices are New Zealand GST inclusive unless otherwise stated.

Stock Availability

Botanica on Bowen endeavours to have stock available for shipping at all times and we will endeavour to keep stock updated on the website on a regular basis. However, due to the nature of a handmade and nature growing business, ingredient and product availability and curing times, there may be extended times where some products are unavailable. You are always welcome to contact Botanica on Bowen for any stocking updates.

Linked Sites

This site may contain links to other websites operated by third parties. Botanica on Bowen is not liable for those sites or any content or information such sites contain.

Communications

By creating an account with Botanica on Bowen you consent to receiving electronic communications from Botanica on Bowen. These communications will include: account status updates, order status updates, promotional and marketing materials, and other information relating to the service. Your personal details will not be made available to any third party.

Site Access

Botanica on Bowen grants you permission to access, view and download the content appearing on this site, for your personal, non-commercial use only. You agree not to use any device, method or software to interfere with the proper functioning of this site. Without the express written permission of Botanica on Bowen, you may not use any device, method or software including, but not limited to: spiders, robots, avatars, agents, data mining, gathering or extraction tools and attempts to probe, scan or test or breach security and authentication measures.

Copyright and Trademarks

You agree that the content you access, view or download on this site and the software used to create it, remains the property of Botanica on Bowen or its licensors as defined by New Zealand and International Intellectual Property Laws, including but not limited to Copyright and Trademark laws. You agree not to modify or alter such content in any way, or make it available to any third parties.

Notice of Copyright Infringement

Botanica on Bowen respects the copyrights of others. If you feel that data is used in Botanica on Bowens product catalogue in a manner that constitutes an infringement of your copyright under applicable copyright legislation, please contact us via email. Please include the following details:- Identification of the copyrighted work that has allegedly been infringed upon and that you wish to have removed. Please include web address (URL);- A statement that the complaining party believes that infringement of the complaining party's copyright has occurred and reasons for such belief;- Contact details including an email address where the complaining party may be contacted.

Consumer Protection and other legislation

Where the provisions of the Consumer Guarantees Act 1993 or any mandatory legislation in your jurisdiction that cannot legally be excluded applies, these terms will be read subject to the application of that legislation, and in the case of any conflict, the provisions of that legislation will apply.

Limitation of Liability

The customer shall indemnify Botanica on Bowen against any loss of or damage to property or for manuals which are lost or altered due to the act or omission of the customer. Botanica on Bowen shall not be liable to the Customer for any incidental, indirect, special or consequential damages arising out of or in connection with the purchase, use or performance of products or services from Botanica on Bowen, even if Botanica on Bowen has been advised of their possibility. In no case shall Botanica on Bowens maximum liability exceed the cost of the relevant original order.

 

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