Free shipping on orders over £100 with code SHIPFREE

OUR TERMS

PLEASE NOTE WE CANNOT ACCEPT ORDERS FROM ANYONE BELOW THE AGE OF 18.

1. THESE TERMS

All references to “you” or “your” means you as the consumer who is accessing our website to purchase our products and references to “we”, “us” or “our” means Devil’s Botany Ltd.

  • 1.1 What these terms cover. These are the terms and conditions on which we supply our products and / or services to you. 
  • 1.2 Why you should read them. We ask that you read these terms carefully before submitting your order to us. These terms tell you: 
  • (a) who we are; 
  • (b) how we will provide products to you; 
  • (c) how you and we may change or end the contract; 
  • (d) what to do if there is a problem; and 
  • (e) other important information in respect of your purchase of our products. 

If you think that there is a mistake in these terms, please contact us to discuss.

2. WHO WE ARE AND HOW YOU CAN REACH US

  • 2.1 Who we are. We are Devil’s Botany Ltd a company registered in England and Wales. Our company registration number is 10330594 and our registered office is at 16a Heybridge Way, Lea Bridge Road, London, England, E10 7NQ. Our registered VAT number is GB 263022147.
  • 2.2 How to contact us. You can contact us by telephoning our customer service team at 0208 558 8300 or by writing to us at info@devilsbotany.com.
  • 2.3 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, contact telephone number or postal address you provided to us in your order. 

3. OUR CONTRACT WITH YOU

  • 3.1 How we will accept your order. We accept your order when we email you to confirm our acceptance of it, at which point a contract will come into existence between you and us.
  • 3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. The reason for 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 email you to accept your order. Please reference your assigned order number whenever you contact us about your order.
  • 3.4 We only sell in the UK. Our website is solely for the promotion of our products in the UK. However, we may from time to time accept orders for certain products or services from outside the UK in which case additional terms may apply (see Clause 16). 

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 the device you use will display the colours of our products accurately. Your product may therefore vary slightly from those images.
  • 4.2 Packaging may vary. The packaging of the product delivered may very from any images shown or descriptions provided of our packaging on our website. 
  • 4.3 Accurate measurements. If we are making the product to measurements and / or specifications you have given us, you are responsible for ensuring that these measurements and / or specifications are correct. You can find information and tips on these measurements and / or specifications on our website or by contacting us.

5. YOUR RIGHTS TO MAKE CHANGES

  • If you wish to make a change to the product you have ordered please contact us. 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 delivery or anything else which would be necessary for you to know as a result of your requested change. We will ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see Clause 9).

6. OUR RIGHTS TO MAKE CHANGES

6.1 We may change the product to:

  • (a) reflect changes in relevant laws and regulatory requirements; and / or
  • (b) implement minor technical adjustments and improvements. These changes will not affect your use of the product.

7. PROVIDING THE PRODUCTS TO YOU

  • 7.1 Delivery costs. The costs of delivery will be as displayed to you on our website prior to you placing your order.
    7.2 When we will provide the products. During the order process we will let you know when we will provide the products to you.  
  • 7.3 If the products are ongoing services or a subscription to receive goods. We will supply the services and / or goods to you until either the services are completed or the subscription expires (if applicable) or you end the contract as described in Clause 9 or we end the contract by written notice to you as described in Clause 11.
  • 7.4 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 of course aim to take steps to minimise the effect of any delay. Provided we do this we will not be liable for delays caused by the event outside our control, 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.
  • 7.5 Collection by you. If you have asked to collect the products from our premises, you can collect them from us during the hours and days specified on your order OR we will contact you to arrange a time and date for collection.
  • 7.6 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, our third-party delivery provider(s) will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
  • 7.7 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 in which case Clause 11.2 will apply.
  • 7.8 When you become responsible for the goods. A product will be your responsibility from the time we deliver the product to the address you gave us or from when you collect it from us.
  • 7.9When you own goods. You own the product(s) once we have received payment in full.
  • 7.10 What happens if you do not give us the required information. We may need certain information from you so that we can provide the products to you, for example, confirmation of your age. If so, this will be stated on our website or in the description of the products on our website. We will contact you to ask for this information, if you do not provide it to us at the time you place the order. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and Clause 11.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
  • 7.11 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
  • 7.12 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
  • 7.13 We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see Clause 13.4) and you still do not make payment within seven (7) days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not charge you for the products during the period for which they are suspended. 

8. YOUR RIGHTS TO END THE CONTRACT

  • 8.1 You can always end your contract with us if: (please note your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract).
  • 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 for which you’ve already paid for and you may also be entitled to compensation. The reasons are:
  • 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 (“cooling-off period”). These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms. However, please note that you will not have a right to receive a refund for the products identified in Clause 9.5 “Bespoke Products” if we (or our suppliers) have started making or preparing the Bespoke Products, even if you are within the cooling-off period.
  • 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: services, once completed; products sealed for health protection or hygiene purposes, if returned unsealed; products which become mixed inseparably with other items after delivery; or products identified as “Bespoke Products” on the Website.
  • 8.5 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind, you can still end the contract before it is completed, but you may however have to pay us compensation. A contract for goods is completed when the product is delivered and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind (in accordance with the provisions above), just contact us to let us know. The contract will end immediately and we will refund (so far as is possible) any sums paid by you for products not provided but we may deduct from that refund a reasonable compensation for the net costs we will incur as a result of you ending the contract. This could be up to one-hundred per cent (100%) of the price you have paid if where the product is a Bespoke Product if we’ve already started the work for the Bespoke Product.
  • 8.6 Opened and / or damaged Products. We will not provide a refund for any products which have been opened and / or damaged. We will provide you with a right to a refund or exchange if you return the products to us unopened and not damaged.

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:
  • 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 at 16a Heybridge Way, Lea Bridge Road, London E10 7NQ. If you are exercising your right to change your mind you must send off the goods for return to us within 14 (fourteen) 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:
  • 9.4 What we charge for collection. If you are responsible for the cost of return and we are collecting the product from you, we will charge you the direct cost to us of collection.
  • 9.5 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.
  • 9.6 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
  • 9.7 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:

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:
  • 10.2 If we end the contract in the situations set out in Clause 11.1 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 558 8300 or write to us at info@devilsbotany.com or 16a Heybridge Way, Lea Bridge Road, London E10 7NQ.
  • 11.2 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. We will pay the costs of postage or collection. Please call customer services on 0208 558 8300 or email us at info@devilsbotany.com for a return label or to arrange collection.

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 the product advised to you is correct and accurate. 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 to you, 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 unmistakable 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 already delivered to you.
  • 12.4 When you must pay and how you must pay. We accept payment from all major debit or credit card providers. All of our products must be paid for in advance at the time of making the order or if you have purchased subscription services then all payments will be taken monthly in advance.

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 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care; and for defective products under the Consumer Protection Act 1987.
  • 13.3 We are not liable for business losses. This website only supplies 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. To open a trade account, please email info@devilsbotany.com.

14. HOW WE MAY USE YOUR PERSONAL INFORMATION

  •  14.1 How we may use your personal information. We will only use your personal information as set out in our Privacy Policy. 

15. OTHER IMPORTANT TERMS

  • 15.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
  • 15.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
  • 15.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither or us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
  • 15.4 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.
  • 15.5 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.
  • 15.6 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. 
  • 15.7 Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use.

16. ADDITIONAL TERMS IF ORDERING OUTSIDE OF THE UK

  • 16.1 Please contact us at info@devilsbotany.com if you wish to make an order from outside of Mainland UK by providing us with information about which product(s) you would like to purchase together and where you would like them to be delivered. We will respond by informing you of the estimate costs and time for delivery.
  • 16.2 If you change your mind after receiving the goods and return them to us, we will provide you with a refund of the product price only (not the outward or inward postage).
  • 16.3 We will inform you as soon as possible, once we have received your order and if we can deliver to the address requested.
  • 16.4 If you have ordered products to be delivered outside of the UK using our website, and standard delivery has been applied to the order, if additional charges are incurred for the postage you agree that you will be liable for such additional charged and pay this to us before delivery.
  • 16.5 You will be solely responsible for any custom, import and / or export tax applied to the products, together with any local taxes or duties that may be applied to the products on delivery or return. The products will be deemed delivered to you if they are seized by any customs, tax or any; other authority for the non-payment of local or national taxes.

WEBSITE TERMS OF USE

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

These terms were most recently updated on [10 December 2020]. 

1. What's in these terms?

These terms tell you the rules for using our website www.devilsbotany.com (“our site”). 

2. Who we are and how to contact us.

www.devilsbotany.com is a site operated by Devil’s Botany Ltd ("We"). We are registered in England and Wales under company number 10330594 and have our registered office at 16a Heybridge Way, Lea Bridge Road, London, England, E10 7NQ. Our main trading address is 16a Heybridge Way, Lea Bridge Road, London, England, E10 7NQ. Our VAT number is GB 263022147. Our AWRS URN is XHAW00000115101.

To contact us, please email info@devilsbotany.com or telephone our customer service line on 0208 558 8300. 

3. By using our site you accept these terms

By using our site, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms, you must not use our site. We recommend that you print a copy of these terms for future reference.

4. There are other terms that may apply to you

These terms of use refer to the following additional terms, which also apply to your use of our site:

5. We may make changes to these terms

We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. 

6. We may make changes to our site

We may update and change our site from time to time to reflect changes to our products, our users' needs and our business priorities.

7. We may suspend or withdraw our site

Our site is made available free of charge. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

8. We may transfer this agreement to someone else

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

9. Our site is only for users in the UK

Our site is directed to people residing in the United Kingdom. We do not represent that content available on or through our site is appropriate for use or available in other locations.

10. You must keep your account details safe

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at info@devilsbotany.com. 

11. How you may use material on our site

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it.  Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

12. Do not rely on information on this site

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

13. We are not responsible for websites we link to

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.

14. User-generated content is not approved by us

This website may include information and materials uploaded by other users of the site, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.

15. How to complain about content uploaded by other users

If you wish to complain about content uploaded by other users, please contact us.

16. Our responsibility for loss or damage suffered by you

(a) Whether you are a consumer or a business user:

  • -We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
  • -Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our Terms and conditions of supply.

(b)If you are a business user:

  • -We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
  • -We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
  • -use of, or inability to use, our site; or
  • -use of or reliance on any content displayed on our site.
  • -In particular, we will not be liable for:
  • -loss of profits, sales, business, or revenue;
  • -business interruption;
  • -loss of anticipated savings;
  • -loss of business opportunity, goodwill or reputation; or
  • -any indirect or consequential loss or damage.

(c) If you are a consumer user:

  • -Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  • -If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

17. How we may use your personal information

We will only use your personal information as set out in our Privacy Policy.

18. We are not responsible for viruses and you must not introduce them

We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

19. Rules about linking to our site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

20. Which country's laws apply to any disputes?

If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

21. Our trade marks are registered

Devil’s Botany is a UK registered trade marks of Devil’s Botany Ltd (Trademark Number UK00003487561). You are not permitted to use them without our written approval. 

 

COOKIE POLICY

INFORMATION ABOUT OUR USE OF COOKIES  

Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our site. By continuing to browse the site, you are agreeing to our use of cookies. 

A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer’s hard drive.

We use the following cookies:

  • Strictly necessary cookies. These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services.
  • Analytical or performance cookies. These allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
  • Functionality cookies. These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
  • Targeting cookies. These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. 

You can find more information about the individual cookies we use and the purposes for which we use them in the table below:

COOKIE TITLE/NAME: SHOPIFY ANALYTICS

PURPOSE:

Examples of purposes for which a cookie may be used:

These cookies are essential for our site to:

(a) Estimate our audience size and usage pattern.

(b) Store information about your preferences, and so allow us to customise our site and to provide you with offers that are targeted to your individual interests.

(c) Speed up your searches.

(d) Recognise you when you return to our site.

(e) Allow you to use our site in a way that makes your browsing experience more convenient, for example, by allowing you to store items in an electronic shopping basket between visits. If you register with us or complete our online forms, we will use cookies to remember your details during your current visit, and any future visits provided the cookie was not deleted in the interim.

MORE INFORMATION:

Shopify Analytics is a reporting platform that gives insight into how our site is performing.

______________________________________

Please note that third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which we have no control. These cookies are likely to be analytical/performance cookies or targeting cookies.

You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site.

RETURN TO TOP OF OUR TERMS & CONDITIONS PAGE

 PRIVACY POLICY 

1. IMPORTANT INFORMATION AND WHO WE ARE

INTRODUCTION

Welcome to Devils’ Botany Privacy Policy.

This privacy policy aims to give you information on how Devil’s Botany Ltd collects and processes your personal data through your use of this website, including any data you may provide through this website when you:

  • -sign up to receive news on our products and promotions; 
  • -purchase a product or service; or 
  • -take part in a competition. 

This website is not intended for children and we do not knowingly collect data relating to children.

It is important that you read this Privacy Policy together with any other privacy policy or fair processing policy we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This Privacy Policy supplements other notices and privacy policies we may publish or send to you from time to time and is not intended to override them.

CONTROLLER

Devil’s Botany Ltd is the controller and responsible for your personal data (collectively referred to as “we”, “us”, or “our” in this Privacy Policy).

We have appointed a Data Privacy Manager who is responsible for overseeing questions in relation to this Privacy Policy. If you have any questions about this Privacy Policy, including any requests please contact our Data Privacy Manager using the details below.

CONTACT DETAILS

If you have any questions about this Privacy Policy or our privacy practices, please contact our Data Privacy Manager in the following ways:

Full name of legal entity: Devil’s Botany Ltd

Email address: info@devilsbotany.com 

Postal address: 16a Heybridge Way, Lea Bridge Road, London E10 7NQ

You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.

CHANGES TO THE PRIVACY POLICY AND YOUR DUTY TO INFORM US OF CHANGES

We keep out Privacy Policy under regular review. It is important that any personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

THIRD – PARTY LINKS

This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy policy of every website you visit. This site is run through Shopify. For more information on how Shopify deal with personal data, we refer you to their privacy policy: https://www.shopify.com/legal/privacy. Payments are collected through Shopify.

2. THE DATA WE COLLECT ABOUT YOU

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

  • -Identity Data includes first name, maiden name, last name, username or similar identifier, title, date of birth and gender.
  • -Contact Data includes billing address, delivery address, email address and telephone numbers.
  • -Financial Data includes bank account and payment card details.
  • -Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.
  • -Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this website.
  • -Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
  • -Usage Data includes information about how you use our website, products and services.
  • -Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

IF YOU FAIL TO PROVIDE PERSONAL DATA

Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.

3. HOW IS YOUR PERSONAL DATA COLLECTED.

We use different methods to collect data from and about you including through:

  • Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms, completing an order, or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you: 
  • -apply for our products or services;
  • -create an account on our website;
  • -subscribe to our service or publications;
  • -request marketing to be sent to you;
  • -enter a competition, promotion or survey; or
  • -give us feedback or contact us.
  • Automated technologies or interactions. As you interact with our website, we will automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies and other similar technologies. Please see our cookie policy for further details.
  • Third parties or publicly available sources. We may receive personal data about you from various third parties as set out below:
  • Technical Data from the following parties:
  • Contact, Financial and Transaction Data from providers of technical, payment and delivery services such as Stripe based outside the EU.
  • Identity and Contact Data from publicly available sources such as Companies House and the Electoral Register based inside the EU.

4. HOW WE USE YOUR PERSONAL DATA

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

  • -Where we need to perform the contract we are about to enter into or have entered into with you.
  • -Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
  • -Where we need to comply with a legal obligation.

Generally, we do not rely on consent as a legal basis for processing your personal data although we will get your consent before sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.

PURPOSES FOR WHICH WE WILL USE YOUR PERSONAL DATA

We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

PURPOSE/ACTIVITY:

To register you as a new customer

TYPE OF DATA:

(a) Identity; (b) Contact

LAWFUL BASIS FOR PROCESSING INCLUDING BASIS OF LEGITIMATE INTEREST:

Performance of a contract with you.
___________________________________

PURPOSE/ACTIVITY:

To process and deliver your order including:

(a) Manage payments, fees and charges. (b) Collect and recover money owed to us.

TYPE OF DATA:

(a) Identity; (b) Contact; (c) Financial; (d) Transaction (e) Marketing and Communications

LAWFUL BASIS FOR PROCESSING INCLUDING BASIS OF LEGITIMATE INTEREST:

(a) Performance of a contract with you. (b) Necessary for our legitimate interests (to recover debts due to us).

___________________________________

PURPOSE/ACTIVITY:

To manage our relationship with you which will include:

(a) Notifying you about changes to our terms or privacy policy. (b) Asking you to leave a review or take a survey.

TYPE OF DATA:

(a) Identity; (b) Contact; (c) Profile; (d) Marketing and Communications.

LAWFUL BASIS FOR PROCESSING INCLUDING BASIS OF LEGITIMATE INTEREST:

(a) Performance of a contract with you. (b) Necessary to comply with a legal obligation. (c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services).

___________________________________

PURPOSE/ACTIVITY:

To enable you to partake in a prize draw, competition or complete a survey.

TYPE OF DATA:

(a) Identity; (b) Contact; (c) Profile; (d) Usage; (e) Marketing and Communications

LAWFUL BASIS FOR PROCESSING INCLUDING BASIS OF LEGITIMATE INTEREST:

(a) Performance of a contract with you. (b) Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business).

___________________________________

PURPOSE/ACTIVITY:

To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data).

TYPE OF DATA:

(a) Identity; (b) Contact; (c) Technical

LAWFUL BASIS FOR PROCESSING INCLUDING BASIS OF LEGITIMATE INTEREST:

(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise).

(b) Necessary to comply with a legal obligation.

___________________________________

PURPOSE/ACTIVITY:

To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you.

TYPE OF DATA:

(a) Identity; (b) Contact; (c) Profile; (d) Usage; (e) Marketing and Communications; (f) Technical

LAWFUL BASIS FOR PROCESSING INCLUDING BASIS OF LEGITIMATE INTEREST:

Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy).

___________________________________

PURPOSE/ACTIVITY:

To use data analytics to improve our website, products/services, marketing, customer relationships and experiences.

TYPE OF DATA:

(a) Technical; (b) Usage

LAWFUL BASIS FOR PROCESSING INCLUDING BASIS OF LEGITIMATE INTEREST:

Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy).

___________________________________

PURPOSE/ACTIVITY:

To make suggestions and recommendations to you about goods or services that may be of interest to you.

TYPE OF DATA:

(a) Identity; (b) Contact; (c) Technical; (d) Usage; (e) Profile; (f) Marketing and Communications

LAWFUL BASIS FOR PROCESSING INCLUDING BASIS OF LEGITIMATE INTEREST:

Necessary for our legitimate interests (to develop our products/services and grow our business).

___________________________________

MARKETING AND PROMOTIONAL OFFERS FROM US

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.

We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).

You will receive marketing communications from us if you have requested information from us or purchased goods or services from us and you have not opted out of receiving that marketing.

THIRD-PARTY MARKETING

We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.

OPTING OUT

You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you OR by contacting us at any time.

Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase, warranty registration, product/service experience or other transactions.

COOKIES

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly. 

CHANGE OF PURPOSE

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

5. DISCLOSURES OF YOUR PERSONAL DATA

We may share your personal data with the parties set out below for the purposes set out in the above in Section 4 under Purposes for which we will use your personal data.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

6. INTERNATIONAL TRANSFERS

We do not transfer your personal data outside the European Economic Area (EEA). We may transfer your personal data abroad if required for the Permitted Purposes as described above. Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

7. DATA SECURITY

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions, and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

8. HOW LONG WILL YOU USE MY PERSONAL DATA FOR?

We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.

9. YOUR LEGAL RIGHTS

Under certain circumstances, you have rights under data protection laws in relation to your personal data and we will deal with you requests in a manner that is consistent with applicable law. Some of the rights you may have include the right to:

  • -Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
  • -Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
  • -Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
  • -Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
  • -Request restriction of processing your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:
  • -If you want us to establish the data’s accuracy.
  • -Where our use of the data is unlawful but you do not want us to erase it.
  • -Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims.
  • -You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
  • -Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
  • -Right to withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

If you wish to exercise any of the rights set out above, please contact us. You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.