Terms of Service

Overview

Welcome to Botanical Love! The terms "we", "us" and "our" refer to Botanical Love. Botanical Love operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services").

The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services. Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

1. Access and account

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.

To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide is correct, current and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

2. Our products

We have made every effort to provide an accurate representation of our products and services. However, please note that colours or product appearance may differ from how they appear on your screen due to the type of device you use and your device settings.

We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted. All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer.

3. Orders

When you place an order, you are making an offer to purchase. Botanical Love reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Botanical Love confirms acceptance, and we must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as we may be unable to accommodate cancellation requests after an order is accepted. If we do not accept, change, or cancel an order, we will attempt to notify you using the email, billing address, and/or phone number provided at the time of the order.

Your purchases are subject to return or exchange solely in accordance with our Refund Policy. You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

4. Prices and billing

Prices, discounts and promotions are subject to change without notice. The price charged will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Prices include GST where applicable; shipping is shown separately at checkout.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases. You represent and warrant that the payment information you provide is true and that you are authorised to use the payment method, and that you will pay the charges incurred at the posted prices, including shipping and applicable taxes.

5. Shipping and delivery

All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.

6. Intellectual property

Our Services, including all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Botanical Love, its affiliates or licensors and are protected by New Zealand and other applicable intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any of the material on the Services without our prior written consent. Botanical Love's names, logos, product and service names, designs, and slogans are trademarks of Botanical Love. All other names, logos and trademarks on the Services are the property of their respective owners. All rights not expressly granted are reserved.

7. Optional tools

You may be provided with access to tools offered by third parties which we neither monitor nor control. You acknowledge that we provide access to such tools "as is" and "as available" without warranties of any kind, and we have no liability arising from your use of optional third-party tools. Any use of such tools is at your own risk.

8. Third-party links

The Services may contain materials and links to websites operated by third parties. We are not responsible for examining or evaluating their content or accuracy, and we are not liable for any harm related to your use of third-party websites, products or services. Please review the third party's policies before you engage in any transaction.

9. Service providers

Botanical Love uses third-party providers to operate the store, including website hosting, payment processing, and email delivery. Any sales and purchases you make are made directly with Botanical Love. Our service providers are not responsible for any aspect of the sales between you and Botanical Love.

10. Privacy

All personal information we collect through the Services is subject to our Privacy Policy. Our third-party service providers may collect and process personal information about your access to and use of the Services in order to provide and improve them, and this information may be transmitted to and processed in countries other than where you reside. By using the Services, you acknowledge that you have read our Privacy Policy.

11. Feedback

If you submit any ideas, suggestions, feedback, reviews or other content ("Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose. You represent that you own or have all necessary rights to your Feedback, and that it will comply with these Terms and will not violate any third-party right. We have no obligation to keep Feedback confidential, pay compensation for it, or respond to it, and we may remove Feedback we consider objectionable.

12. Errors, inaccuracies and omissions

Occasionally there may be information in the Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times and availability. We reserve the right to correct any errors and to change or update information or cancel orders if any information is inaccurate at any time without prior notice.

13. Prohibited uses

You may access and use the Services for lawful purposes only. You may not use the Services for any unlawful or malicious purpose; to violate any laws or regulations; to infringe our or others' intellectual property; to harass, abuse or harm any person; to transmit false or misleading information; to send spam or solicitations; to impersonate any person or entity; or to engage in any conduct that restricts anyone's use of the Services or that may harm Botanical Love or users of the Services. You also agree not to upload malicious code, resell any portion of the Services, collect others' personal information, or interfere with the security features of the Services. We may suspend, disable or terminate your account at any time if we determine you have violated these Terms.

14. Termination

We may terminate this agreement or your access to the Services in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination. Provisions that by their nature should survive termination will continue to apply.

15. Disclaimer of warranties

Information presented through the Services is provided for general information only, and we do not warrant its accuracy, completeness or usefulness. Except as expressly stated by Botanical Love, the Services and all products offered through them are provided "as is" and "as available" without any representation, warranties or conditions of any kind, either express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement, to the extent permitted by law. Nothing in these Terms limits any rights you have under the Consumer Guarantees Act 1993 or other applicable New Zealand consumer law.

16. Limitation of liability

To the fullest extent permitted by law, in no case shall Botanical Love, our partners, directors, officers, employees, affiliates, agents, contractors, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special or consequential damages of any kind arising from your use of the Services or any products procured using the Services.

17. Indemnification

You agree to indemnify, defend and hold harmless Botanical Love and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable legal fees, arising out of your breach of these Terms, your violation of any law or third-party right, or your use of the Services.

18. Severability

If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision will be enforceable to the fullest extent permitted by law, and the unenforceable portion will be severed without affecting the validity of the remaining provisions.

19. Waiver; entire agreement

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. These Terms and any policies posted by us constitute the entire agreement between you and us and govern your use of the Services, superseding any prior agreements.

20. Assignment

You may not delegate, transfer or assign these Terms or any of your rights or obligations without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

21. Governing law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New Zealand, and you and Botanical Love submit to the non-exclusive jurisdiction of the New Zealand courts.

22. Changes to Terms of Service

You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates to our website. Your continued use of the Services following the posting of any changes constitutes acceptance of those changes.

23. Contact

Questions about the Terms of Service should be sent to us at contact@botanicallove.co.nz.
Botanical Love (Zerka Ltd)
Suite 14791, Level 1, 6 Johnsonville Road, Johnsonville, Wellington 6037, New Zealand