We’re a UK-registered Limited Company and are a strictly mail order-only service at present.
Terms & Conditions of Arkham’s Botanical
Please note that we will only do business with you if you’re aged eighteen or over. It’s your responsibility to ascertain the legality of our products (e.g. botanicals) in your country before ordering, as we cannot keep up with global law.
1. Supplier identification
www.arkhamsbotanical.com is a site operated by Arkham’s Botanical Limited.
We are registered in the UK under company number 11514475 and with our registered office at 4 Finsbury Place, Head Street, Halstead, Essex, UK, CO9 2AX.
Our main trading address is: 4 Finsbury Place, Head Street, Halstead, Essex, UK, CO9 2AX. Please note that we do not accept walk-in trade at this time.
We are not currently registered for VAT number but are fully regulated by UK law.
The website is owned by Arkham’s Botanical Limited and the data controller is Will Druett.
Your personal data will be used to provide the information, goods and services offered through our website to you, for billing and order fulfilment.
If you sign up to our newsletter we may use your email address to send you information about products or services. You can opt out of these at any point and you can ask for personal data to stop being recorded at any time.
Cookies & monitoring
Strictly necessary cookies – These are cookies that are essential to the operation of our website.
Analytical/performance cookie – These cookies allow us to recognise and count the number of visitors to our website.
Functionality cookies – These cookies are used to recognise you when you return to our website.
Targeting Cookies – These cookies record your visit to our website, the pages you have visited and the links you have followed.
We may monitor traffic to our site and collect the following information:
The IP address of your computer.
The referring website from which you have got to our website from.
The reasons for this are:
To confirm whether you may purchase specific items based on your country of residence and its regulatory framework.
To make ongoing improvements to our website based on this data.
To see our most popular sources of business.
Disclosure of personal data
We may disclose your personal data:
To other companies within our group.
If we sell our business.
To agents and service providers.
In cases where we are required by law to pass on information or if we believe action is necessary for fraud, cybercrime or to protect the website, rights, personal safety of person/s.
In extremely rare cases, we may also disclose aggregate statistics about visitors to our website (customers and sales) in order to describe our services to prospective partners (advertisers, sponsors) and other reputable third parties and for other lawful purposes, but these statistics will include no personally identifiable information.
If you are concerned about your data, you have the right, subject to the payment of a small fee, to request access to personal data which we may hold or process about you.
3. Product information
Please be aware that – while Arkham’s Botanical always offers the highest possible quality products, from ethical renewable sources – due to their organic nature, we cannot absolutely guarantee either 100% seed germination viability or a live plant’s minimum lifespan, etc. Although to be fair, no-one one the planet can, whatever they might claim to the contrary!
4. Right to cancel
All customers have the right to cancel their orders under the The Distance Selling Regulations which gives consumers extra protection when buying online.
You have the right to cancel the purchase of a good without having to give a reason at any time within the “cooling off period” of seven working days, beginning on the day after you receive the goods. Please be aware that we cannot accept returns for live plants, nor seeds that have been sown, etc.
If you are in possession of the goods you are under the duty to retain them and take reasonable care of them. You must send the goods back to us (in the condition you originally received them, e.g. unsown and in their original packaging) to our contact address at your own cost (unless we delivered the item to you in error or the item is damaged or defective) as soon as possible once you have cancelled the contract.
We reserve the right to make a charge not exceeding our direct costs of recovering the goods if you do not return the goods or return them at our expense.
Once you have notified us that you wish to cancel the contract, any sum debited to us will be refunded to you as soon as possible and in any event within 30 days of your cancellation.
You will not have any right to cancel a purchase for the supply of any goods returned to us in a worse condition than you received them.
5. Recurring Payment (FuturePay) Agreements
Recurring Payment (FuturePay) agreements are online arrangements similar to Standing Orders and Direct Debits, but funds can also be debited from your debit or credit card. We use these to obtain payment on a repeat or regular basis for the ongoing subscriptions and memberships which we offer from time to time.
We currently offer one type of Recurring Payment (FuturePay) agreement:
Regular agreements: this type of agreement is used to pay a set agreed amount (differing dependent on the exact product purchased) at regular monthly, biannual or annual intervals for the duration of your subscription (usually one year or on a rolling monthly basis until cancelled). An example of this kind of subscription would be our Trichocereus Seed Club.
Setting up a FuturePay Agreement with Arkham’s Botanical
A Recurring Payment (FuturePay) agreement is automatically set up when you choose a product or service that is paid for by recurring payment (FuturePay) from our store. Any such items will be clearly described as a subscription and shall clearly explain the Recurring Payment details, duration (usually one year from time of purchase) and payment schedule (usually on an annual or on a rolling monthly basis) prior to any payment details being entered on our website. These listings will also include cancellation instructions, so you’re clear on our terms before completing your purchase.
WorldPay (our secure payments processor) then creates a unique reference number – called the FuturePay Agreement ID – for the agreement and provides you with a unique user-name and password to log in to their Shopper Management System. Your user-name, password and Agreement ID are sent to you in a confirmation email and are displayed on the payment page after you have entered your payment details.
The user-name, password and FuturePay Agreement ID enable you to login and manage your agreement using the WorldPay’s Shopper Management System, where you can view all your FuturePay agreements under one login. For each FuturePay agreement you set up, you are prompted to enter your existing Shopper Management System user-name and password (if applicable). Any subsequent agreements can then be viewed using one login user-name and password.
Once your agreement has been set up, payments will automatically be collected according to the type of agreement (monthly or annual). The agreement may be set up to take an immediate or a delayed payment.
Each time a monthly or annual payment is debited from your card or bank account as part of your agreement, a transaction confirmation email is generated by our system and sent to the email address we have on record for you entered when your agreement was created.
If your card expires or if a payment is not authorised, we will send you an email to you to inform you of the steps you need to take within the Shopper Management System to resolve the issue.
If you wish to cancel an existing FuturePay agreement at any point, simply login to the Shopper Management System or else contact us via email. Please note you’ll need to cancel your agreement a minimum of 48 hours prior to the renewal date to be sure of avoiding further charges going forward.
6. Legality and Personal Responsibility
By using this site, you are agreeing to the Terms and Conditions of doing so. One important condition is that you are ordering for legal purposes and not ordering anything which you know or believe to be illegal or otherwise restricted in your country of residence. While we try to keep up with global legal regulations, it can be difficult to stay up to date, particularly as we carry so many different products. However, to the best of our knowledge, everything which we sell is entirely legal in the UK, provided it is used for legal purposes.
We’ve added (and will continue to add) notices stating any known country restrictions, on a per-product basis – as well as to remove the “Add to Basket” button where applicable. Let us know if you see anything sold on our site which you believe should not be sold to residents of countries not yet listed.
Please take personal responsibility and don’t try to order anything you shouldn’t – we are aware of VPNs and other cloaking techniques! Any such orders which somehow make it through will be cancelled and refunded manually should this occur.
All notices you send us must be sent to the contact details on this site. We may give notice to you at either the email or postal address you provide to us when making a purchase. (Notice will be deemed received and properly served 24 hours after an email is sent or three days after the date of posting of any letter). In providing the service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed, stamped and placed in the post and, in the case of an email that the email was sent to the specified email address of the addressees.
These terms are governed by English law. Any contract for the purchase of goods from this site and any dispute or claim arising out of or in connection with any such contract will be governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident in Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident in Scotland you may also bring proceedings in Scotland.