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Modern Botany Ltd. is a limited liability company having its registered office at:

Modern Botany Ltd,
Ardmanagh, 
Schull,
Co Cork,
P81 C564
CO Reg No 872869
Phone Number: +353 28 27515

Acceptance of the Terms of Trade

1.    These Terms of Trade apply to you, an individual who is not acting as a commercial entity, for the purchase of the Products on the www.modernbotany.com.  You and Modern Botany Ltd. agree that these Terms of Trade will, together with the order, as accepted by Modern Botany Ltd., the Terms of use and the Privacy Policy, constitute the whole agreement between you and Modern Botany Ltd..

 2.    Please read these Terms of Trade carefully as they contain important information, including information on warranties and limitations of liability. By placing an order through the www.modernbotany.com website you acknowledge that you have read and accepted these Terms of Trade.

Amendment to the Terms of Trade

1.    Modern Botany Ltd. has the right to amend these Terms of Trade from time to time to comply with law or to meet its changing business requirements. Any amendments to the Terms of Trade will apply to any order registered after the amended Terms of Trade come into effect and are posted on the www.modernbotany.com website.

Definitions and Application

1.    In these Terms of Trade, "Modern Botany" means Modern Botany Limited, trading as Modern Botany, "you" and “your” means you, the individual who is ordering the Products, the "Products" means the Modern Botany products which may be ordered on the www.modernbotany.com website and the "Product Subtotal" means the sum of the price of each Product ordered as indicated on the www.modernbotany.com  website at the time of submitting the order.

Geographical area

1.    The online sale of the Products offered on the www.modernbotany.com website is intended only to individuals who are residing within the Republic of Ireland and for delivery within this geographic area only.

Products

1.    The Products covered by these Terms of Trade are those presented on the  www.modernbotany.com  website, subject to availability.

2.    Modern Botany will use its best efforts to ensure that any photograph of any of the Products presented on the www.modernbotany.com website is as accurate as possible. Please note, however, that the representation of the Products as produced by your computer screen may differ from the exact Product.

Shipping Fee

1.    The shipping fee will be:

(a)    free for all orders over €60
(b)    €10 where the Product is being posted outside the Republic of Ireland and orders are less than €60
(c) €5 where the Product being posted is within the Republic of Ireland and the total cost of purchase is less than €60

Delivery

1.    Modern Botany Ltd. will use reasonable endeavours to deliver an order within 6 working days (Monday-Friday excluding official public holidays) from the date the order was submitted by you.

2.    You will be required to sign for all deliveries.

Orders

1.    To submit an order for Products you must:

(a)     either register details with Modern Botany on the www.modernbotany.com  website by entering your details and

(b)     complete and submit the online order.

2.    Modern Botany reserves the right to refuse any order. In such case, Modern Botany will notify you as soon as reasonably practicable, providing you with the reasons for such refusal, and refund to you any payment in full.

3.    Once Modern Botany has accepted your order an order confirmation email will be sent to you at which point these Terms of Trade will become binding on you and Modern Botany. The status of your order will be shown on your Modern Botany account.

Prices and Payment

1.    All prices on the website are in Euros and are inclusive of VAT. Any change in the VAT rate may be applied to the Products. Prices are subject to change without notice. The price applicable to any order is the price indicated on the www.modernbotany.com  website at the time of submitting the order.

2.    The amount payable to Modern Botany for an order will be the total of the following amounts:

(a)     the Product Subtotal;
(b)     the cost of delivery as stated above

3.    You must pay the order amount by either Visa, MasterCard, Visa Debit, American Express, Diners Club or PayPal at the time of submitting the order. Payments will be made through the secure PayPal or Stripe system, which uses the SSL "Secure Socket Layer" protocol, so that all information is encrypted by software and no third-parties may have access to this information during the processing of your payment for the Products.

Liability

1.    Modern Botany Ltd. will only be responsible for loss or damage you suffer that is a natural and foreseeable consequence of Modern Botany Ltd. breaching its obligations under these Terms of Trade, but Modern Botany Ltd. is not responsible for loss or damage that was not foreseeable, such as for damages resulting from the your use of the Internet including the loss of data, any intrusion, virus, service disruption or other unintended issues.

2.    Modern Botany Ltd. reserves the right, in its absolute discretion, to take any of the following measures if you fail to make a payment in accordance with these Terms of Trade:

(a)    Withhold the supply of and dispose of the Products requested in the order, and/or
(b)     Refuse to deal further with you, and Modern Botany Ltd. will not be liable to you for any loss or damage directly or indirectly resulting from any such action.

3.    You have sole responsibility for determining the suitability of the Products for the purposes for which you intend to use them. 

4.    The Products are supplied for domestic and private use only. Modern Botany Ltd. shall not be liable for any losses relating to any business of yours, for example, lost revenue, income or profits, lost data or any interruption to your business.

5.    You must follow any instructions Modern Botany Ltd. may give you in relation to the safe use or storage of the Products. Modern Botany Ltd. will not be responsible for any damage to the Products which is caused by your failure to follow these instructions. 

6.    There are certain responsibilities which Modern Botany Ltd. cannot exclude by law and nothing in these Terms of Trade limits any liability of Modern Botany Ltd. to you for death or personal injury resulting from negligence. Subject to the following "Warranty" clause, and to the fullest extent permitted by law, the liability of Modern Botany Ltd. for any loss or damage suffered by you as a result of Modern Botany Ltd. breaching its obligations under these Terms of Trade or other duty is limited to a refund or replacement of the relevant Products.

Warranty

1.    As a consumer you have certain legal rights, including legal rights relating to any Products that are faulty or not as described. For further information about your legal rights, contact your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms of Trade will affect these legal rights.

2.    If you receive a Product that is not of satisfactory quality, you can contact Modern Botany Ltd. for a replacement or, where this is not possible, for a refund.

Your right to cancel the purchase

1.    As a consumer, you have the right to return the Products, without any reason within 7 working days from the receipt of the Products. 

2.    If the return of the Products is not because of a product defect or an error committed by Modern Botany Ltd., you will have to pay the shipping charges for the return of the Products.

3.    If you exercise this right to return the Products, you will return the Products ordered, in a state fit for their resale and in their original packaging, to the following address: Modern Botany Ltd., Main Street, Schull, Co Cork, Ireland P81 P292

4.    Modern Botany Ltd. will refund you within 30 days from the exercise of your right to cancel the purchase.

Refunds and Returns

1.    Only Products purchased on the www.modernbotany.com website can be returned to Modern Botany Ltd. for a refund or an exchange. Products purchased in a department store, specialty retailer or elsewhere must be returned to their original place of purchase.

2.    Should you make an error when ordering online, Modern Botany Ltd. will gladly exchange your Product for the Product you intended to purchase. The returned item must be unopened and in its original saleable condition. You are responsible for the shipping and additional postage charges.

3.    In the event that you react to a product, you have the option of exchanging or refunding it.

4.    All Products must be returned to: Modern Botany Ltd., Ardmanagh, Schull, Co Cork, P81 C564, Ireland. You are responsible for the shipping costs incurred when sending the Products back to Modern Botany Ltd.

5.    Should a Product be damaged while it is being shipped to you, Modern Botany Ltd. will provide you with a full refund or exchange. Return postage will be refunded in case of damaged, defective or incorrectly sent Products and a refund will be issued through the method used for payment.

6.    In all cases, original proof of purchase must be provided and Products must be returned within 14 days of receipt for Modern Botany Ltd. to process any refund or exchange. Please email info@modernbotany.com in advance of your intention to return or exchange a Product, so that Modern Botany staff can assist you with a smooth transaction.

7.    Please retain your postal receipt until you are certain your parcel has been safely received by Modern Botany Ltd. We may need to see this if we fail to receive your package.

8.    We will do our best to process returns within 10 working days of receipt and a refund will be issued through the method used for payment.

Force Majeure

1.    If Modern Botany Ltd. is delayed or hindered in or prevented from performing any of its obligations under any order by reason of any event or circumstance beyond its reasonable control, Modern Botany Ltd. will have no liability to you in respect of such non-performance and the time for performing the same will be extended until the event or circumstance has ceased.

Personal data

1.    Information provided by you for the order of the Products will be automatically processed by Modern Botany Ltd..  Please refer to our Privacy Policy for further information on the processing of your personal data.

Other important terms

1.    Modern Botany Ltd. may transfer its rights and obligations under these Terms of Trade to another organisation.

2.    These Terms of Trade are between you and Modern Botany Ltd. only. No other person shall have any rights to enforce any of the terms of these Terms of Trade. 

3.    If any term in these Terms of Trade is found to be illegal, invalid or unenforceable by any court or competent authority, the remaining terms will remain in full force and effect.

4.    If you break these Terms of Trade and Modern Botany Ltd. takes no action, this does not mean that Modern Botany Ltd. has waived its rights against you.  You will still have to comply with these Terms of Trade. Any waiver must be agreed by Modern Botany Ltd. in writing. 

Applicable law

1.    If the place of delivery of the Products is in:
       (a)    Republic Of Ireland, these Terms of Trade are governed by Irish law and any dispute or claim arising out of or in connection with their interpretation or execution will be subject to the non-exclusive jurisdiction of the Irish courts; or
       (b)    Scotland, these Terms of Trade are governed by Scottish law and any dispute or claim arising out of or in connection with their interpretation or execution will be subject to the exclusive jurisdiction of the Scottish courts; or
       (c)    Northern Ireland, these Terms of Trade are governed by Northern Irish law and any dispute or claim arising out of or in connection with their interpretation or execution will be subject to the exclusive jurisdiction of the Northern Irish courts.

2.    The information contained in this document apply to the online sale website directed by Modern Botany Limited.