Terms & Conditions

These Terms & Conditions were last updated on 13.12.2024.

Welcome to Botanik Herbs ("Company," “I”, "we," "our," or "us"). By accessing or using our website (www.botanikherbs.com) (the "Website"), you agree to comply with and be bound by the following terms and conditions ("Terms"). Please read them carefully. If you do not agree to these Terms, please do not use our Website.

1. Introduction

This Website is owned and operated by Nik Bucceri trading as Botanik Herbs. These Terms apply to this website and to the transactions related to Botanik Herbs products and services. You may be bound by additional contracts related to your relationship with Botanik Herbs or any products or services that you receive from me. If any provisions of the additional contracts conflict with any provisions of these Terms, the provisions of these additional contracts will control and prevail.

2. Binding

By registering with, accessing, or otherwise using this website, you hereby agree to be bound by these terms and conditions set forth below. The mere use of this website implies the knowledge and acceptance of these Terms. In some particular cases, we can also ask you to explicitly agree.

3. Electronic Communication

By using this website or communicating with us by electronic means, you agree and acknowledge that we may communicate with you electronically on the website or by sending an email to you, and you agree that all agreements, notices, disclosures, and other communications that I provide to you electronically satisfy any legal requirement, including but not limited to the requirement that such communications should be in writing.

4. Intellectual Property

All content on the Website, including but not limited to text, graphics, logos, and images, is the property of Botanik Herbs or its licensors and is protected by copyright and trademark laws.

You may not reproduce, distribute, or create derivative works from any content on the Website without our prior written permission. Unless specific content dictates otherwise, you are not granted a license or any other right under Copyright, Trademark, Patent, or other Intellectual Property Rights. This means that you will not use, copy, reproduce, perform, display, distribute, embed into any electronic medium, alter, reverse engineer, decompile, transfer, download, transmit, monetize, sell, market, or commercialise any resources on this website in any form, without our prior written permission, except and only 

insofar as otherwise stipulated in regulations of mandatory law (such as the right to quote).

5. Newsletter

Notwithstanding the foregoing, you may forward our newsletter in the electronic form to others who may be interested in visiting our website.

6. Shipping and Returns

Items may be shipped to you as agreed orally or in writing. Delays in delivery are not the responsibility of Botanik Herbs. Returns and refunds are subject to our Cancellation Policy, available on the Website.

7. Third-Party Property

Our website may include hyperlinks or other references to other party’s websites. We do not monitor or review the content of other party’s websites which are linked to from this website. Products or services offered by other websites shall be subject to the applicable Terms and Conditions of those third parties. Opinions expressed or material appearing on those websites are not necessarily shared or endorsed by us.

We will not be responsible for any privacy practices or content of these sites. You bear all risks associated with the use of these websites and any related third-party services. We will not accept any responsibility for any loss or damage in whatever manner, however caused, resulting from your disclosure to third parties of personal information.

8. Responsible Use

By visiting our website, you agree to use it only for the purposes intended and as permitted by these Terms, any additional contracts with us, and applicable laws, regulations, and generally accepted online practices and industry guidelines. You agree to use the Website for lawful purposes only. You must not misuse the Website. You must not use our website or services to use, publish or distribute any material which consists of (or is linked to) malicious computer software, including but not limited to transmitting viruses, hacking, or engaging in activities that could harm the Website or its users, use data collected from our website for any direct marketing activity, or conduct any systematic or automated data collection activities on or in relation to our website.

Engaging in any activity that causes, or may cause, damage to the website or that interferes with the performance, availability, or accessibility of the website is strictly prohibited.

We reserve the right to terminate or restrict your access to the Website for any breach of these Terms.

9. Registration

You may at some point want to register for an account with our website. During this process, you may be required to choose a password. You are responsible for maintaining the confidentiality of passwords and account information and agree not to share your passwords, account information, or secured access to our website or services with any other person. You must not allow any other person to use your account to access the website because you are responsible for all activities that occur using your passwords or accounts. You must notify us immediately if you become aware of any disclosure of your password.

10. Content Posted by You

We may provide various open communication tools on our website, such as blog comments, blog posts, forums, message boards, ratings and reviews, and various social media services. It might not be feasible for us to screen or monitor all content that you or others may share or submit on or through our website. However, we reserve the right to review the content and to monitor all use of and activity on our website and remove or reject any content in our sole discretion. By posting information or otherwise using any open communication tools as mentioned, you agree that your content will comply with these Terms and must not be illegal or unlawful or infringe any person’s legal rights.

11. Termination of Use

We may, in our sole discretion, at any time modify or discontinue access to, temporarily or permanently, the website or any Service thereon. You agree that we will not be liable to you or any third party for any such modification, suspension or discontinuance of your access to, or use of, the website or any content that you may have shared on the website. You will not be entitled to any compensation or other payment, even if certain features, settings, and/or any Content you have contributed or have come to rely on, are permanently lost. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

After account termination, you will not attempt to register a new account without our permission.

12. Warranties and Liability

Nothing in this section will limit or exclude any warranty implied by law that it would be unlawful to limit or to exclude. This website and all content on the website are provided on an “as is” and “as available” basis and may include inaccuracies or typographical errors. We expressly disclaim all warranties of any kind, whether express or implied, as to the availability, accuracy, or completeness of the Content. We make no warranty that:

· this website or our content will meet your requirements.

· this website will be available on an uninterrupted, timely, secure, or error-free basis.

Nothing on this website constitutes or is meant to constitute, legal, financial or medical advice of any kind. If you require advice you should consult an appropriate professional.

The following provisions of this section will apply to the maximum extent permitted by applicable law and will not limit or exclude our liability in respect of any matter which it would be unlawful or illegal for us to limit or to exclude our liability. In no event will we be liable for any direct or indirect damages (including any damages for loss of profits or revenue, loss or corruption of data, software or database, or loss of or harm to property or data) incurred by you or any third party, arising from your access to, or use of, our website.

Except to the extent any additional contract expressly states otherwise, our maximum liability to you for all damages arising out of or related to the website or any products and services marketed or sold through the website, regardless of the form of legal action that imposes liability (whether in contract, equity, negligence, intended conduct, tort or otherwise) will be limited to the total price that you paid to us to purchase such products or services or use the website. Such limit will apply in the aggregate to all of your claims, actions and causes of action of every kind and nature.

13. Limitation of Liability

To the fullest extent permitted by law, Botanik Herbs shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of your use of the Website or purchase of Products or Services.

This limitation applies even if we have been advised of the possibility of such damages.

14. Privacy

To access our website and/or services, you may be required to provide certain information about yourself as part of the registration process. You agree that any information you provide will always be accurate, correct, and up to date.

We have developed a policy to address any privacy concerns you may have. For more information, please see our privacy policy.

15. Accessibility

We are committed to making the content we provide accessible to individuals with all abilities. If you have a special access requirement and are unable to access any portion of our website due to this, we ask you to give us a notice including a detailed description of the issue you encountered. If the issue is readily identifiable and resolvable in accordance with industry-standard information technology tools and techniques we will promptly resolve it.

16. Export Restrictions & Legal Compliance

Access to the website from territories or countries where the content or purchase of the products or services sold on the website is illegal is prohibited. You may not use this website in violation of export laws and regulations of the United Kingdom.

17. Assignment

You may not assign, transfer or sub-contract any of your rights and/or obligations under these Terms, in whole or in part, to any third party without our prior written consent. Any purported assignment in violation of this Section will be null and void.

18. Breaches of these Terms and Conditions

Without prejudice to our other rights under these Terms, if you breach these Terms in any way, we may take such action as we deem appropriate to deal with the breach, including temporarily or permanently suspending your access to the website, contacting your internet service provider to request that they block your access to the website, and/or commence legal action against you.

19. Indemnification

You agree to indemnify, defend, and hold harmless Botanik Herbs, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses and expenses, relating to your violation of these Terms and conditions, and applicable laws, including intellectual property rights and privacy rights. You will promptly reimburse us for our damages, losses, costs and expenses relating to or arising out of such claims.

20. Waiver

Failure to enforce any of the provisions set out in these Terms and any agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms or of any agreement or any part thereof, or the right thereafter to enforce each and every provision.

21. Language

These Terms will be interpreted and construed exclusively in English. All notices and correspondence will be written exclusively in that language.

22. Entire Agreement

These Terms, together with our privacy policy, constitute the entire agreement between you and Botanik Herbs in relation to your use of this website.

23. Updating of Terms and Conditions

We may update these Terms from time to time. It is your obligation to periodically check these Terms for changes or updates. The date provided at the beginning of these Terms is the latest revision date. Changes to these Terms and Conditions will become effective upon such changes being posted to this website. Your continued use of this website following the posting of changes or updates will be considered notice of your acceptance to abide by and be bound by these Terms.

24. Choice of Law and Jurisdiction

These Terms and Conditions shall be governed by the laws of United Kingdom. Any disputes relating to these Terms and Conditions shall be subject to the jurisdiction of the courts of United Kingdom. If any part or provision of these Terms and Conditions is found by a court or other authority to be invalid and/or unenforceable under applicable law, such part or provision will be modified, deleted and/or enforced to the maximum extent permissible to give effect to the intent of these Terms and Conditions. The other provisions will not be affected.

25. Contact Us

If you have any questions about these Terms, please contact us at nik@botanikherbs.com or by calling +44 7407 355 751.