Terms Of Use

Effective Date: [•]

Last Updated: [•]

WHAT’S IN THESE TERMS?

These terms tell you the rules for using our website www.fairbotanicals.eu (our “Site”). WHO WE ARE AND HOW TO CONTACT US

www.fairbotanicals.eu is a site operated by FairBotanicals Limited (“We”, “us”, “our”). We are registered in Ireland under company number 814159 and have our registered office at Unit 3D, North Point Business Park

Park, Cork T23 AT2P, Ireland. Our VAT number is [ ]

This Site is intended for business customers only. If you are a consumer (an individual purchasing wholly or mainly for personal use), you must not use this Site to place orders. Our separate Terms and Conditions of Supply (available on our Site) apply only to business customers. To contact us, please email: info@fairbotanicals.eu  

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.

OTHER TERMS MAY APPLY TO YOU

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

• Our Privacy Policy – available on our Site
• Our Cookie Policy – available on our Site

If you purchase goods from our Site, our Terms and Conditions of Supply (B2B) will apply to the sale

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.

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.

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 uninterrupted. We may suspend, 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 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.

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 these terms.

INTERNATIONAL USE OF OUR SITE

Our Site is intended for international use, but we do not represent that content available on or through our Site is appropriate or available in all locations. You are responsible for compliance with all local laws when accessing our Site from outside Ireland. If you access our Site from outside Ireland, you are solely responsible for ensuring that your use of the Site and any purchase of products complies with all applicable local laws, including import, export, customs, and sanctions laws. 

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@fairbotanicals.eu 

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 internal business use only, 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; use any illustrations, photographs, video or audio sequences, or any graphics separately from any accompanying text; remove any copyright, trademark or other proprietary notices from any copies of materials from our Site; use any part of the content on our Site for commercial purposes (other than your own internal business use in connection with purchasing products from us) without obtaining a licence to do so from us or our licensors. Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged. 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.

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; our Site will be compatible with your devices or software; our Site will be secure, error-free or free from viruses or other harmful components. 

WE ARE NOT RESPONSIBLE FOR THE 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. Your use of any third-party websites is at your own risk and subject to their own terms and conditions and privacy policies.

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU (BUSINESS USERS ONLY) 

You agree that you are using our Site for business purposes only, not as a consumer. 

Limitations and exclusions of liability 

Nothing in these terms excludes or limits 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; fraud or fraudulent misrepresentation; any matter for which liability cannot be lawfully excluded or limited.

Exclusions

Subject to the above, we exclude all implied conditions, warranties, representations or other terms that may apply to our Site or any content on it, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement. 

No liability for Site use

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.

Specific excluded losses

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; loss of or corruption to data or information; or any indirect or consequential loss or damage.

Separate terms for product supply

Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which are set out in our separate Terms and Conditions of Supply.

HOW WE MAY USE YOUR PERSONAL INFORMATION 

We will only use your personal information as set out in our Privacy Policy – available on our Site.

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. 

Prohibited actions

You must not misuse our Site by knowingly: introducing any viruses, trojans, worms, logic bombs, or other material that is malicious or technologically harmful; attempting 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; attacking our Site via a denial-of-service attack or a distributed denial-of-service attack; using any robot, spider, scraper or other automated means to access our Site for any purpose without our express written permission.

Criminal offence 

By breaching this provision, you would commit a criminal offence under the Criminal Justice (Offences Relating to Information Systems) Act 2017 (Ireland) . 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.

RULES ABOUT LINKING TO OUR SITE

Permitted linking

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.

Prohibited linking

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; establish a link to our Site in any website that is not owned by you; frame our Site on any other site; create a link to any part of our Site other than the home page.

Withdrawal of permission 

We reserve the right to withdraw linking permission without notice.

Requests for other use

If you wish to link to or make any use of the content on our Site other than that set out above, please contact info@fairbotanicals.eu  

PROHIBITED USES 

You may use our Site only for lawful purposes. You may not use our Site:

in any way that breaches any applicable local, national or international law or regulation; in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect; for the purpose of harming or attempting to harm minors in any way; to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards; to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material (spam); to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

ACCEPTABLE USE POLICY

When using our Site, you must:

Provide accurate, current and complete information when creating an account or placing an order; maintain the security and confidentiality of your account login credentials; notify us immediately of any unauthorised use of your account or any other breach of security; be responsible for all activities that occur under your account.

You must not:

Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; interfere with or disrupt the operation of our Site or the servers or networks used to make our

Site available; attempt to bypass any measures we may use to prevent or restrict access to our Site.

SUSPENSION AND TERMINATION

We may, in our sole discretion and without liability to you, suspend or terminate your access to our Site (or any part of it) at any time, with or without notice, if: you breach any provision of these terms of use; we are required to do so by law; we suspect fraudulent, abusive or illegal activity by you. Upon termination, your right to use our Site will cease immediately.

NO WAIVER

Our failure to enforce any right or provision of these terms of use shall not constitute a waiver of such right or provision. Any waiver of any provision of these terms will be effective only if in writing and signed by an authorised representative of FairBotanicals.

SEVERABILITY

If any provision of these terms of use is held to be invalid, illegal or unenforceable for any reason, such provision shall be severed, and the remaining provisions shall continue in full force and effect. The parties shall negotiate in good faith to replace any invalid provision with a valid provision that achieves the same commercial purpose.

ENTIRE AGREEMENT 

These terms of use, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and FairBotanicals regarding your use of our Site and supersede all prior agreements, understandings, representations and warranties, whether written or oral. 

GOVERNING LAW AND JURISDICTION

If you are a business user (which you are, as this Site is intended only for business customers): These terms of use, their subject matter, and their formation (including any non-contractual disputes or claims) are governed by the laws of Ireland.

We both agree to the exclusive jurisdiction of the courts of Dublin, Ireland, for the resolution of any dispute or claim arising out of or in connection with these terms or your use of our Site.

LANGUAGE

These terms of use are drafted in the English language. In the event of any translation, the English language version shall prevail.

CONTACTUS

If you have any questions about these terms of use, please contact us:

• Email: info@fairbotanicals.eu
• Postal address: FairBotanicals registered address, Unit 3D, North Point Business Park, Cork T23 AT2P, Ireland

FairBotanicals Limited