Terms & Conditions

TERMS AND CONDITIONS

  1. Introduction

These Website Standard Terms and Conditions written on this webpage shall manage your use of this website. These Terms will be applied fully and affect to your use of this Website. By using this Website, you agreed to accept all terms and conditions written in here. You must not use this Website if you disagree with any of these Website Standard Terms and Conditions.

Minors or people below 18 years old are not allowed to use this Website.

  1. Intellectual Property Rights

Other than the content you own, under these Terms, K D Botanics and/or its licensors own all the intellectual property rights and materials contained in this Website.

You are granted limited license only for purposes of viewing the material contained on this Website.

  1. Restrictions

You are specifically restricted from all of the following

  • publishing any Website material in any other media;
  • selling, sublicensing and/or otherwise commercializing any Website material;
  • publicly performing and/or showing any Website material;
  • using this Website in any way that is or may be damaging to this Website;
  • using this Website in any way that impacts user access to this Website;
  • using this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity;
  • engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website;
  • using this Website to engage in any advertising or marketing.

Certain areas of this Website are restricted from being access by you and K D Botanics may further restrict access by you to any areas of this Website, at any time, in absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality as well.

  1. Your Content

In these Website Standard Terms and Conditions, “Your Content” shall mean any audio, video text, images or other material you choose to display on this Website. By displaying Your Content, you grant K D Botanics a non-exclusive, worldwide irrevocable, sub licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.

Your Content must be your own and must not be invading any third-party’s rights. K D Botanics reserves the right to remove any of Your Content from this Website at any time without notice.

  1. No warranties

This Website is provided “as is,” with all faults, and K D Botanics express no representations or warranties, of any kind related to this Website or the materials contained on this Website. Also, nothing contained on this Website shall be interpreted as advising you.

  1. Limitation of liability

In no event shall K D Botanics, nor any of its officers, directors and employees, shall be held liable for anything arising out of or in any way connected with your use of this Website whether such liability is under contract.  K D Botanics, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.

  1. Indemnification

You hereby indemnify to the fullest extent K D Botanics from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.

  1. Severability

If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.

  1. Variation of Terms

K D Botanics is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review these Terms on a regular basis.

  1. Assignment

The K D Botanics is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

  1. Entire Agreement

These Terms constitute the entire agreement between K D Botanics and you in relation to your use of this Website, and supersede all prior agreements and understandings.

  1. Governing Law & Jurisdiction

These Terms will be governed by and interpreted in accordance with the laws of the State of Valencia, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Valencia for the resolution of any disputes.

13. Order & Shipping

Making a purchase could not be easier. Just browse our store, and add any items that you wish to buy into the shopping cart. After you have finished your selection, click on ‘Checkout’ and you will be asked for a few details that we need to be able to complete the order. We accept card payments and PayPal. Place your order and your card company/PayPal will convert the transaction to your own currency. If you have made a mistake in your order and cannot correct it in the shopping cart, contact us and we will correct the mistake. When confirmation of your order is received, this is to indicate that we have received your order. Plants are usually sent ex-pots(bare root), if you would like them to be sent with pot you can let us know in advance but this may affect the shipping price. All orders are subject to product availability. If an item in your order is unavailable, we will ship you the part of your order that is available. When that item becomes available, we will ship you the rest of your order. Shipping costs for your order are non-refundable and are based on the weight of the items you order and your location. The date of delivery for your order may vary due to carrier shipping practices, delivery location, method of delivery and the quantity of items ordered, and in addition your order may be delivered in separate shipments. Additional shipping charges may apply depending on your location and the size of your order. All orders will be tracked and shipped discreetly with no phytosanitary certification. Once it has been sent you’ll receive an email with a tracking id number. Please note that we usually post on one day each week, usually Monday(but it is possible that the day we post varies from week to week). This means that it might take up to 10days before we send out your order after confirming it. You are responsible for all taxes applicable to the delivery of your order, including sales tax, value added tax, custom duties and excise duties. All products sold here are for ornamental purposes only. All of our products are legal to possess in Spain, still some things may not be permitted in your country. International buyers must assume risk of arrival on all items. We cannot replace lost, seized or defected items. If there is any damage to the items that you ordered on delivery, you must contact us within 5 days from receipt of your order. In accordance with the Consumer Protection (Distance Selling) Regulations, as cacti/succulents are perishable items, orders cannot be cancelled or returned once they have been dispatched.

13. Refund policy

All products are sold “as is”. You assume the responsibility for your purchase, and no refunds will be issued.

14. Privacy policy

We value the privacy and security of the information that you share with us. This Privacy Policy describes how we collect, use, share, protect and process your information. Any information that you provide to us is used strictly to process and fulfill your purchase and/or for internal analytical purposes, as described in this Privacy Policy. We only share information for the purposes set out in this Privacy Policy, and we will not sell or redistribute any of your information to any third party. We use commercially reasonable efforts to protect your information from unauthorized disclosure. We may use the information from your order to process your purchase, provide a refund, provide customer service, improve or customize our products and services or fulfill applicable financial, tax, legal or compliance requirements. If you have any questions or concerns related to this Privacy Policy, please contact us.

 

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