1. THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods, services (including ticket sales) or digital content. By accepting these terms you confirm that you are 16 years or over.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are RBG Kew Enterprises Limited a company registered in England and Wales and we operate the online shop at shop.kew.org. Our company registration number is 2798886 and our registered office is at Royal Botanic Gardens, Kew, Richmond, Surrey TW9 3AB. Our registered VAT number is Z4816929. We are a wholly-owned subsidiary of RBG Kew, to whom we gift-aid our profits to support its work.
2.2 Tickets for admission to the Royal Botanic Gardens, Kew or Wakehurst are sold on behalf of RBG Kew.
2.3 RBG Kew is the Board of Trustees of the Royal Botanic Gardens, Kew, a non-departmental public body with exempt charitable status whose principal place of business is at Richmond, Surrey TW9 3AB.
2.4 How to contact us. You can contact us by telephoning our customer service team at 0208 332 3123 or by writing to us at email@example.com.
2.5 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.6 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1 How we will accept your order. When you place your order, we will e-mail you to acknowledge we have received it. However, acceptance of your order will only take place when we email you confirming dispatch of the products. At the point we e-mail you the dispatch confirmation, a contract will come into existence between you and us. The contract will relate only to those products which are included in the dispatch confirmation.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this either by calling you or in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.4 Orders for delivery outside of the UK If you order products (including tickets) for delivery outside of the UK, there may be import duties and taxes to pay. Please note that you are responsible for all such import duties and taxes. Unfortunately we have no control over these charges and are unable to predict their amount. Please contact your local customs office for information before placing your order.
3.5 Please note that you are responsible for complying with all applicable laws and regulations of the country from which the products are purchased from or to be delivered to. Please see further information in our FAQ section for a list countries where restrictions mean that we are unable to deliver certain items, such as seeds.
4. OUR PRODUCTS
4.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
4.2 Third Parties. Please note that certain products that we advertise are sold by third parties. Our website clearly indicates this and where relevant we will re-direct you to the third party website. We are not responsible for that site or their products. Please check the terms and conditions of any third party website that you access as you will be purchasing direct with them on their terms and conditions
4.3 Product packaging may vary. The packaging of the product may vary from that shown on images on our website.
5. YOUR RIGHTS TO MAKE CHANGES
For security reasons, once an order has been submitted it cannot be accessed by you or by us to change. However, if you wish to make a change to the product you have ordered please contact us as soon as possible. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
6. OUR RIGHTS TO MAKE CHANGES
6.1 Minor changes to the products. We may change the product:
(a) to reflect changes in relevant laws and regulatory requirements (for example to comply with safety requirements)
6.2 More significant changes to the products and these terms. In addition, we may make the following changes to the product, but if we do so we will notify you and you may then contact us to end the contract and receive a full refund before the changes take effect:
(a) In the event that a manufacturer chooses to alter or amend an existing product design from season to season, or otherwise replace an existing product with a new version.
6.3 Updates to digital content. We may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it.
7. PROVIDING THE PRODUCTS
7.1 Delivery costs. The costs of delivery will be as displayed to you on our website, during the order process.
7.2 When we will provide the products. During the order process, we will also let you know the estimated delivery date, which will usually be within 30 days of the day on which we accepted your order.
7.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
7.4 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
7.5 If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10.2 will apply.
7.6 When you become responsible for the product. The product will be your responsibility from the time we deliver the product to the address you gave us.
7.7 When you own goods. You own a product which is goods once we have received payment in full.
8. YOUR RIGHTS TO END THE CONTRACT
8.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it and when you decide to end the contract:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back), see clause 11;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
(c) If you have just changed your mind about the product, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
(d) In all other cases (if we are not at fault and there is no right to change your mind), see clause 8.6 OR clause 8.7.
8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6.2);
(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the products may be significantly delayed because of events outside our control;
(d) you have a legal right to end the contract because of something we have done wrong.
8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
8.4 When you don't have the right to change your mind. You do not have a right to change your mind in respect of:
(a) Tickets for a specific date or period for performance, which includes tickets for admission to Kew Gardens or Wakehurst and gift tickets;
(b) Goods that are personalised, made to order or otherwise made to your specification;
(c) Perishable goods (for instance flowers, or food)
(d) digital products after you have started to download or stream these;
(e) services, once these have been completed, even if the cancellation period is still running;
(f) products sealed for health protection, once these have been unsealed after you receive them (such as cosmetics, creams or consumables) or items that cannot be re-sold for hygiene reasons (such as pierced jewellery);
(g) sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them; and
(h) any products which become mixed inseparably with other items after their delivery.
8.5 How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered.
(a) Have you bought digital content for download or streaming (for example, e-books)? if so, you have 14 days after the day we have emailed you to confirm we accept your order, or, if earlier, until the point you start downloading or streaming. If we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.
(b) Have you bought goods (for example, books or gifts)? if so you have 14 days after the day you (or someone you nominate) receives the goods, unless:
(i) Your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.
(ii) Your goods are for regular delivery over a set period (for example delivery of a magazine subscription). In this case you have until 14 days after the day you (or someone you nominate) receives the first delivery of the goods.
8.6 Ending the contract for one-off purchases where we are not at fault and there is no right to change your mind. If you do not have any other rights to end the contract (see clause 8.1), you can still contact us before it is completed and tell us you want to end it. If you do this and the contract is for a one-off purchase such as books or gifts, the contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
8.7 Ending the contract for long term arrangements (such as magazine subscriptions) where we are not at fault and there is no right to change your mind. With regard to contracts that continue over a period of time (such as the regular delivery of a magazine) then if you do not have any other rights to end the contract (see clause 8.1), you can still contact us before it is completed and tell us you want to end it. The contract will not end until 1 calendar month after the day on which you contact us. We will refund any advance payment you have made for products which will not be provided to you. For example, if you tell us you want to end the contract on 4 February we will continue to supply the product until 3 March. We will only charge you for supplying the product up to 3 March and will refund any sums you have paid in advance for the supply of the product after 3 March.
9. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
9.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
(a) Phone or email. Call customer services on 0208 332 3123 or email us at firstname.lastname@example.org. Please provide your name, home address, details of the order and, where available, your phone number and email address.
9.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them, post them back to us. Please call customer services on 0208 332 3123 or email us at email@example.com for a return label. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
9.3 When we will pay the costs of return. We will pay the costs of return:
(a) if the products are faulty or misdescribed;
(b) if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
9.4 How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
9.5 Deductions from refunds. If you are exercising your right to change your mind:
(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. See our Returns page for information about what handling is acceptable and examples. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.
9.6 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
(a) If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 9.2.
(b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind
10. OUR RIGHTS TO END THE CONTRACT
10.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 30 days of us reminding you that payment is due;
(b) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us;
(c) you do not, within a reasonable time, allow us access to your premises to supply the services; or
(d) we are unable to verify the delivery or billing address or there are issues with overseas deliveries (such as importation issues that are outside of our control). Please note that we are not able to deliver to PO Box addresses.
10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
11. IF THERE IS A PROBLEM WITH THE PRODUCT
11.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 0208 332 3123 or e-mail or write to us at firstname.lastname@example.org or Royal Botanic Gardens, Kew, Richmond, Surrey TW9 3AB FAO customer services.
11.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
If your product is goods, for example books or gifts, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected life of your product your legal rights entitle you to the following:
· up to 30 days: if your item is faulty, then you can get a refund.
· up to six months: if your faulty item can't be repaired or replaced, then you're entitled to a full refund, in most cases.
If your product is digital content, for example an e-book, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:
· if your digital content is faulty, you're entitled to a repair or a replacement.
· if the fault can't be fixed within a reasonable time, or without causing you significant inconvenience, you can get some or all of your money back
· if you can show the fault has damaged your device and we haven't used reasonable care and skill, you may be entitled to a repair or compensation
11.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on 0208 332 3123 or email us at email@example.com for a return label.
12. PRICE AND PAYMENT
12.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of product advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the product you order.
12.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
12.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated on the website, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
12.4 When you must pay and how you must pay. We accept payment with Visa, MasterCard, Maestro, Vis Elta and Solo. When you must pay depends on what product you are buying:
(a) For goods, you must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.
(b) For digital content, you must pay for the products before you download them.
12.5 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of the Royal Bank of Scotland from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
12.6 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know and we will not charge you interest until we have resolved the issue.
13. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
13.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
13.2 When we are liable for damage to your property. If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services. If defective digital content which we have supplied damages a device or digital content belonging to you we will either repair the damage or pay you compensation.
13.3 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14. HOW WE MAY USE YOUR PERSONAL INFORMATION
14.1 How we will use your personal information. We will use the personal information you provide to us:
(a) to supply the products to you;
(b) to process your payment for the products; and
(c) if you agreed to this during the order process, to inform you about similar products that we provide, but you may stop receiving these at any time by contacting us.
14.2 We will only give your personal information to other third parties where the law either requires or allows us to do so, which will include where we use third parties to deliver products on our behalf.
15. OTHER IMPORTANT TERMS
15.1 You need our consent to transfer your rights to someone else (except that you can always transfer any relevant guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. However, you may transfer any guarantee that comes with the product to a person who has acquired the product or, where the product is services, any item or property in respect of which we have provided the services. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item or property, for example by providing proof of purchase.
15.2 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause 15.1 in respect of any guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
15.3 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.4 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
15.5 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
15.6 Online Dispute Resolution. We are obliged to provide you with details of the Online Dispute Resolution Platform (ODR) published by the European Commission, although in light of the low value and straightforward nature of our online activities, we do not use ODR in the course of our business.