TERMS & CONDITIONS

GENERAL

These terms and conditions (the Terms) constitute an agreement between Botany Room, MB, registration number 306275045, registered domicile at Smolensko g. 6, LT-03201 Vilnius, Lithuania (the Seller) and you, based on which the Seller will make it possible for you to purchase goods (the Goods) sold at https://botanyroom.com/ online store (the Store).

You may communicate with the Seller using the following contact information:

Phone:             +370 665 92316
Email address: info@botanyroom.com
Address:          Smolensko g. 6, LT-03201 Vilnius, Lithuania

You have the right to purchase at the Store only if you have the capacity to enter into a binding agreement with the Seller under the applicable laws and agree to comply with these Terms and the applicable laws. If you are under 18 years of age, you may purchase at the Store only with the consent of your parents or other legitimate representatives. By placing an order, you confirm that you are 18 or more years of age or that you have the consent from your parents or other legitimate representatives.

PURCHASING

Whenever you visit the Store and select the Goods, a shopping cart will be created based on your choices.

Once the shopping cart has been created, you will have to enter the information necessary for the delivery of the Goods selected. Make sure that the submitted information is correct and that the ordered Goods comply with your wishes. You will have an option to correct errors, if any, before confirming the order. Personal data provided by you will be processed in accordance with the Privacy Policy.

You agree that by placing an order with the Store, you undertake to pay the price for the Goods indicated in the order. The price specified by the Store and on the order includes all taxes except for a delivery fee for the Goods, which will be additionally payable by you (unless otherwise specified by the Store). All prices at the Store and on the order are indicated in Euros.

You may pay for the Goods in the following ways: credit card, PayPal.

Payment must be made immediately after placing the order.

Following your confirmation of the order, the Seller will receive full information about the order. The order will be deemed placed when received by the Seller, which will mean, at the same time, an agreement made between you and the Seller. Nevertheless, the Seller’s obligation to carry out such agreement will not arise unless the Seller receives a payment service provider's confirmation of payment for the Goods.

Once the order has been placed and paid for, an email letter will be sent to the address indicated by you to specify the Goods ordered and the details provided by you.

Having received the confirmation of payment for the Goods ordered, the Seller undertakes to carry out your order.

CHARACTERISTICS AND QUALITY OF THE GOODS

Characteristics of the Goods will be included in each description of the Goods provided at the Store. The Seller will seek to ensure that the Goods comply with the legal requirements and are suitable for their intended use.

By placing an order, you acknowledge being aware of the fact and understand that the colour, shape, or other features of the Goods on display at the Store may not coincide with the actual size, shape, or colour of the Goods due to the characteristics or settings of the monitor/other device being used by you. Such differences will not constitute defects of the Goods, except if such differences will be caused by the actions of the Seller or its related persons.

The Seller undertakes to deliver the Goods which correspond to the information given in the description of the Goods provided at the Store. The Seller also undertakes to provide you with the range and quantity of the Goods specified in the order but will not be held liable for any inaccuracies in the range or quantity of the Goods so delivered if such inaccuracies result from your failure to provide correct information in the order placed with the Seller.

DELIVERY OF GOODS

When placing orders for the Goods, you must select a mode of delivery and indicate a delivery address.

Please note that all delivery or collection times are set as estimates. We always strive to deliver orders as soon as possible but sometimes deliveries may take longer due to high volume of orders or the availability of delivery service providers. Please check the information on the delivery status that is always updated by the Seller. Once your order has been shipped, you can check the delivery status by entering a tracking number in the service provider’s system.

If after having collected your purchase, you discover that it does not contain the Goods you have ordered, contact the Seller immediately.

The Goods will be packed depending on their nature to ensure their suitability for use upon delivery.

REPLACEMENT OR RETURN OF GOODS

Withdrawal within 30 days (applicable to consumers only)

If you purchase at the Store as a consumer (i.e., a natural person, who is acting outside the scope of an economic activity (trade, business, craft, etc.), you may return the Goods within 30 (thirty) calendar days as of their receipt. Returns can be made without giving any reason, i.e., by exercising your right of withdrawal from a distance agreement as granted to you by the Lithuanian and EU laws.

Please note that you will not be entitled to withdraw from the contract and return Goods which deteriorate or expire rapidly or the sealed Goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.

If you withdraw from the contract, the returned Goods must be unused, undamaged, in the original packaging, with tags/labels, and be of merchantable quality. We will assume that you have fulfilled this requirement if, when testing the Product, you have performed only such actions as are necessary for the evaluation of the Product and that you would normally perform if you inspected the Product in a physical store.

If you wish to exercise this right, you must immediately, but in no event later than within 30 (thirty) calendar days as of receipt of the Goods, contact the Seller by email and attach a proof of purchase.

Upon withdrawal of the agreement, the Goods must be returned to the Seller at the address indicated at the beginning of these Terms immediately, but in any event no later than within 30 (thirty) calendar days after your notification of withdrawal sent to the Seller by e-mail. The set time frame for returns will be complied with if shipment of the Goods is made before the expiry of the 30 (thirty) days’ period. The costs of return shipping of the Goods will be covered by you.

If you withdraw from the agreement, the Seller will, no later than within 14 (fourteen) calendar days as of your notification of withdrawal sent to the Seller by email, however not earlier than when the Seller receives the returned Goods (unless the Seller decides otherwise at its own discretion), refund the money you paid for the Goods and the delivery of the Goods to your bank account.

Wholesalers and other purchasers who are not consumers do not have the right of withdrawal from the agreement, unless otherwise is clearly agreed with the Seller in written.

Return of defected Goods

The Goods are subject to the statutory warranty provided for in the applicable laws, i.e., the Seller is liable to the consumer for any non-compliance with the quality requirements of the Goods at the moment of delivery of the Goods and which became apparent no later than two years after the delivery of the Goods.

If the Goods purchased at the Store are not of satisfactory quality, you may in accordance with, and within the time-limits established by, the laws request that the Seller eliminate the defects free of charge or replace the defected Goods, or in cases established by applicable laws, request to reduce the price accordingly, or return the Goods.

If you are of the opinion that the Goods purchased at the Store are not of satisfactory quality and have detected defects, you must inform the Seller of it and of your choice of the remedy means by e-mail no later than within two months as of the date the defects have been detected. For this purpose, you should provide the Seller with detailed description of the defect, indicate the time and circumstances in which the defect has been detected, attach pictures and other related information that will enable the Seller to determine the defect.

The purchaser’s rights related to the defected Goods are exercised in accordance with the applicable laws.

INTELLECTUAL PROPERTY

The Goods bear trademarks and other identifiers that belong to the Seller and/or other parties and are protected by law. All intellectual property rights to the Goods (their separate parts) also belong to the Seller and/or other parties.

Any trademarks and logos used by the Store, its domain name, the Store itself and its website (including any individual elements thereof, such as texts, photographs, drawings, and other material posted on the Store/the website) also presentation, image, design of any page of the Store/the website as well as all intellectual property rights to the same solely belong to the Seller and/or other parties. You agree not to reproduce, modify, or otherwise use that intellectual property without separate written consent of such property rights holder.

LIABILITY

You must provide the Seller with the requested information which must be accurate and complete. You are liable to ensure that the delivery address is indicated correctly.

The Seller’s liability for the quality and delivery of the Goods is the same as determined in the applicable laws and regulations.

You are responsible for protecting your log-in data in any event. However, if you have noticed any unauthorised use of your log-in data, contact the Seller immediately.

MODIFICATION AND DISCONTINUATION

The Seller will be free to modify these Terms from time to time. The latest (valid) version of the Terms will always be available at the Store. You must read the Terms then in effect before confirming your order. When confirmed, the order will be governed by the Terms in effect on the confirmation date.

The Seller will be allowed to stop selling online (close the Store) at any time. Such discontinuation of activity will not affect any sale and purchase agreement then in effect.

MISCELLANEOUS

The laws of the Republic of Lithuania will apply to the execution and interpretation of these Terms and of each sale and purchase agreement.

Any dispute, disagreement or claim arising out of, or in connection with, these Terms or any sale and purchase agreement concerned (including any breach, termination, or validity of the same) shall be settled by negotiation. If the parties fail to agree, disputes shall be settled in accordance with the laws of the Republic of Lithuania. If you are a consumer, the disputes may be solved out-of-court the State Consumer Rights Protection Authority of the Republic of Lithuania (address: Vilniaus g. 25, LT-01402 Vilnius, tel. +37052626751, e-mail tarnyba@vvtat.lt; website http://www.vvtat.lt) or another national authority for consumer protection the list of which can be found here: https://ec.europa.eu/consumers/odr/main/?event=main.adr.show2. A consumer can also lodge a claim at http://ec.europa.eu/odr/.

All notices and other communications relating to the purchase at the Store and to these Terms will be delivered via email (if to the Seller – at the email address indicated above, and if to you – at the email address given when placing your order).

If any provision of these Terms is or becomes invalid (either in whole or in part) that will not affect the validity of the remaining provisions.

These Terms were last updated on 20 November 2023.