Terms and Conditions
Terms and Conditions.
Terms and Condition statements for WebShops are a legally complex process. We have tried our best to divide the various elements notwithstanding each other statements on multiple sections of this WebShop. If the Terms and Conditions are too short then they are not acceptable by legal bodies and too long are perceived as small print that no one reads. You may see some repeat statements in this section to other parts of our T&C. We will refine them as time goes on as they are in constant review and the nature of online shops and associated changing GDPR dictates constant re-assessment of what you see in these sections. Please do let us know if you see an obvious issue and we will do our utmost to correct them. Here are the essential elements found on this page or other sections of the site.
If one chooses the direct payment gateway to complete your purchase, then the webshop does store your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.
All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
We require full payment for your purchase and it must be received before shipment from our warehouse. We reserve the right to change and revise our payment methods from time to time if necessary. All payments must be made to GBP equivalent.
We reserve the right to cancel or refuse any order or service requested at our discretion and prompt refunds are made if payment is already received. Reasons for doing so can be stock levels, or if Quality Control has decided the goods are not of the quality to be ship worthy.
We reserve the right to modify prices without notice or apply discounts from time to time while a product is being shipped. There can not be a price match promise for any of our products and services with third-party or our store at a different time stamp. The price we charge is for the goods at the time of purchase only.
We have now made it a policy to ensure all our shipped products are entirely discrete and no mention of the product name on the Royal Mail Dispatch Note.
Please ensure the delivery information is accurate and if you have other requirements to take the delivery, then do let us know at the same time as you make the order. All Encasa Botanic's shipments are made via Royal Mail unless otherwise stated and we are not accountable for delays caused by an incorrect address entry or delivery information and we reserve the right to charge you extra postage if the original Address given was incorrect. Where an order has been cancelled or delayed due to supply issues, Encasa Botanics will take all reasonable measures to inform customers and provide updates where necessary.
REFUND POLICY FOR THE UK DISPATCH
A fourteen-day refund policy applies to all the products we sell in our webshop. If find that the product you have received does not match the description or the quantity is incorrect or you find other issues with the product then, please contact us no later than fourteen-days from the date of purchase and notify us with details of the product and the order number and a detailed description of the issue. You can also reach us with completing our contact form here. Please ensure that the original packaging is used where possible and the products are unopened to be eligible for a refund. Postage costs are non-refundable. If the refund is accepted then please do send the goods back to us within seven days.
REFUND POLICY FOR OVERSEAS PURCHASES
All the above terms do apply for overseas shipments. However we do not cover import duty you may have incurred or the postage costs. Where a product is being returned, it must be in its original packaging and unopened to be eligible for a refund. Postage costs are non-refundable. If the refund is accepted then please do send the goods back to us within 7 days.
PRODUCTS WITH MANUFACTURERS WARRANTY
For products that come with manufacturer's warranty, Encasa Botanics will support you to process a refund or replacement if appropriate from the manufacturer. We offer our products and services exclusively from our premisses and do not dropship and it is at our discretion to sell or refuse to sell to individuals that we feel may not comply with the best practice in using our products and therefore, we reserve the right to refuse and/or restrict sales to any individual, broker or 3rd party.
PRODUCTS EXEMPT FROM RETURN
- Gift cards
- Downloadable software products
- Some health and personal care items
- To complete your return, we require a receipt or proof of purchase.
- Please do not send your purchase back to the manufacturer.
- There are certain situations where only partial refunds are granted (if applicable)
- Book with obvious signs of use
- CD, DVD, VHS tape, software, video game, cassette tape, or vinyl record that has been opened
- Any item not in its original condition, is damaged or missing parts for reasons not due to our error
- Any item that is returned more than 14 days after delivery
We normally do not sell Perishable goods or intimate and sanitary Perishable goods such as food, flowers, newspapers or magazines cannot be returned. We also do not accept products that are intimate or sanitary goods, hazardous materials, or flammable liquids or gases. However, if in the future we do sell a product that either all or part of it comes under the stated list, then it cannot be accepted back for a refund. Please note that we do video the packaging process of all shipped products. in the case of a damaged goods or inacurately weighted item we do require a photograph that must compair with the dispatch video footage.
REFUNDS (IF APPLICABLE)
All accepted returns will follow up with an email to notify you for the approval or rejection of your claim or the refund status. On approval, we will be processed the refund, and a credit will automatically be applied to your credit card or original method of payment, within the usual card chargeback process. If requested we can re-send the product or compensate you with additional approved product.
LATE OR MISSING REFUNDS (IF APPLICABLE)
If an approved refund has not reached you within a reasonable length of time then, please do contact your credit card company or bank and ask them for the length of time for processing a refund. If you’ve done all of the above and you still have not received your refund yet, please contact us at firstname.lastname@example.org.
SALE ITEMS (IF APPLICABLE)
We reserve the right to decline refund on sale items unless there is a manufacturer's fault or genuine issue with what you receive.
EXCHANGES (IF APPLICABLE)
We only replace items if they are defective or damaged. If you need to exchange it for the same item, send us an email at email@example.com
CONDITIONS OF USE
We endeavour to ensure the products sold by Encasa Botanics are legal in the country they are shipped to. The level of THC is regulated and strictly within the guidelines. However, they may cause sedation or stimulation, and therefore, users are advised to avoid driving or operating dangerous machinery if they feel tired after consuming any of our products. Please also do read the dosage in the package and comply with the recommended dosage in a single day or other periods as stated.
Please do consult your physician for any potential conflicts, in particular if you are taking any other prescription medicines, The documentation supplied may not be clear enough on for your specific condition and therefore, we recommend that you avoid combining our CBD products with any other prescription medications. Clever Botanics or TheGreensome could not be accountable or responsible in the event of any medical clash. We recommend that customers always consult their doctor before consuming any product and their ingredients sold via our webshop.
Please note that all the products in our store are for adults over 18 years of age. We recommend that guardians consult doctor/physicians and take care to reduce the dosages significantly if administering to children. Under no circumstance should a guardians administer adult doses to children or provide children access to products that have an age restriction of 18 years and above.
THIRD PARTY SERVICE
In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us. However, certain third-party service providers, such as payment gateways and other payment transaction processors or the shipping agents, have their privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.
For these providers, we recommend that you read their privacy policies so you can understand the manner in which these providers will handle your personal information. In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.
As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.
SHIPPING METHODS AND POLICY
Majority of our shipments are done via Royal Mail. However, if the size of the product or weight is too high then we may be shipping with alternative shipping company like DPD. All shipments are with recorded delivery option on, and orders are dispatched using a signature and tracked service with Expected delivery time of 2-4 days.
All international orders will be sent by Air-mail Signature and Tracked service. Delivery times can vary according to the destination and can be from 4 – 15 days. There are no shipment on Saturday or Sundays unless we have publicised exceptions.
Issues resulting from the shipping agent not delivering within the specified quoted time, will be managed by the shipping agent and administered by Encasa Botanics.
Encasa Botanics takes special care in choosing the products we sell as well as consistently observe Quality Control when goods are shipped. All shipped products are being recorded with date timestaped. From time to time we may stop the sale or review the marketing collaterals at short notice without any obligation or liability to purchasers or suppliers.
We give special care and attention to all the Hemp and CBD products sold on our webshop or obtained via wholesale and ensure where possible, products are natural, organic and sourced from reputable growers, farmers or manufacturers within EU or North America. However, the nature of the products dictates small variations, and therefore, Encasa Botanics cannot be held accountable for any variation in colour, smell or flavour or performance for the same product that was purchased at different times as they may have been produced from a different batch or different production line or the same product from a different grower.
All the personnel in our support team have a strict directive not to provide medical or otherwise advice on our product range even though it may be done in its simplest form. We can only state the manufacturer’s documentation or refer you to Forums and Groups that deal with the product line we sell. If you are not sure about any aspects of our products then please do consult your physician for advice or ask the professional bodies that can make informed recommendations — none of the products sold to offer medicinal or cure for an ailment and medical conditions. Please do ask for third party advice before you make a purchase. Any information supplied on the website or individual products in the webshop, blogs or links from the website or physical stores by partners as well as by phone or conference calls are only stating general guideline and may vary from person to person if you suffer from any form of allergy then please consult your physician before consuming any of our products as they may contain certain ingredients that may conflict with your condition.
DISPLAY AND MARKETING COLLATERALS
All CleverBotanic's edible products will have appropriate labelling that should clearly state the total milligram content of CBD and another relevant ingredient when applicable and include recommended dosage instructions. We will do our best to go beyond general food labelling guidelines provided by the manufacture or by the UK authorities when possible.
We can provide you with independent 3rd party Certificate of Analysis (Lab Reports) for any of our products that may have cannabinoid profiles.
At Encasa Botanics, we fully comply with the UK laws for all the products sold from our Webshop. We also hold valid premisses insurance in respect of public and employers’ liability. We endeavour to ensure that all reasonable efforts are made to abide by the UK laws and regulations governing the manufacture, import, distribution, and sale of CBD products, and if we sell overseas, then we ensure that the products we sell comply with the destination. However if we fell overseas purchases may conflict with local laws or the local laws are not set in stone, then we do make sure that we let you know before we ship the product.
At Encasa Botanic all employees have a strict directive not ever knowingly to sell or misrepresent the products sold on our webshop. We go through an extensive KYC to identify counterfeit or substandard products, and if on occasion we find a manufacturer description is not what is seen by one of our customers or us, then we either cease the sale or refine the product description to match the product description.
At Encasa Botanics we have placed as many tests to ensure we comply with over 18 requirements for our customers. We do not knowingly sell CBD products and their derivatives to anyone under the age of 18. Please do make sure you are above 18 years old before making the purchase. We encourage the responsible use of all the products in our store.
ALL SUPPLIES BY Encasa Botanics
Encasa Botanics is a subsidiary/branded trading name owned by Encasa Botanics Ltd Incorporated in England
Shop URL: https://encasabotanics.co.uk
RELEVANCE (LEGAL TERMS)
These general conditions/terms apply to any offer of Encasa Botanics and every finalised Order Request between Encasa Botanics and Customer/User. Before the order is placed by the customer/user on the webshop we do provide the short text of the general conditions/terms and the link to this page.
If the Order Request is concluded electronically, notwithstanding the previous article and before the Order Request is concluded, the text of the general conditions/terms is made available electronically to the Customer in such a way that the text can be saved simply on a Data Store. All products will have the link to this page. If you are unsure then please let us know and we will send you the details via email.
PURCHASE OR OFFER (LEGAL TERMS)
Product purchase/offers in the Clever Botanics Web Shop or associated iOS and Android Apps, are described in detail with all their associated specifications displayed.
The purchase option or offer contains a complete and accurate description of the offered products and services. The description is sufficiently detailed to enable a proper customer’s assessment of the products/services provided on the webshop. The images used by Encasa Botanics are accurate representations of the products and services. Where possible Clever Botanics takes photographs of the products or if sufficiently accurate then uses the manufacturer's photos. Occasional mistakes and errors should be notified and Clever Botanics will ensure the errors are eliminated from the webshop.
Each purchase offer contains the necessary information that it is clear for the customer which rights and obligations are related to the proposal when it is accepted by the Customer. This concerns in particular:
THE SALE (LEGAL TERMS)
The customer or users can use Clever Botanics Web Shop, are urged to give general considerations for web-based purchases. Subject to the provisions in a typical electronic/web-based online shopping (Offer legal terms), at the moment the Customer accepts the digital/electronic Offer that meets the conditions stated in the description and the associated Terms and Conditions, then the support or the automated response at Encasa Botanics Web Shop will reply by email and confirm the receipt of customer acceptance.
If the agreement electronically executed, Encasa Botanics will take appropriate procedural and administrative measures to protect the electronic data transfer and that he will ensure a safe web environment. If the customer can pay electronically, Encasa Botanics and the SSL enabled Payment Gateway Supplier will observe the necessary security measures to protect the personal data of the Customer.
The Customer agrees that Encasa Botanics can request any compliance checks permissible under UK Law or EU laws for Overseas purchases to ensure that the Customer can meet the payment obligations and that payment is from an acceptable source. If Encasa Botanics based on research, has good reasons not to agree then he is entitled to refuse an Order Request or apply additional conditions to the execution of the offer.
Encasa Botanics shall provide the Customer with the following information with every Order Request:
- All prices are inclusive taxes except for overseas purchases where extra local tax or duty may apply, and it would be the buyer's responsibility to pay for those costs
- Shipping costs are calculated with the best of our shipping agent's abilities
- Full details of the method of payment, delivery and performance of the contract are stated
- The deadline if any for accepting the offer or the period within which
- Encasa Botanics guarantees the price includes the manner in which the Customer, before executing the agreement, can be check and if necessary also restore the information provided by them under the agreement
TERMINATION NOTICE ON PRODUCTS AND SERVICES (LEGAL TERMS)The webshop user (customer) has two weeks (14 days) from the date of execution of the Web Shop Order (Product purchase) Request to cancel the agreement (the Grace Period) withstanding the following conditions:
During the Grace Period) the customer must ensure not to damage or disfigure the product or the product packaging. Clever Botanics will seal goods that if opened can no longer be re-sold. If the Customer has opened the product and made use of the product, they can only as for refund or dispute its condition as per the agreement and return the product in case of a valid complaint or fault. If the Customer wishes terminate/cancel/return, they must first notify us by email (Support@encasabotanics.co.uk) Encasa Botanics will acknowledge the notice of termination within one day of receipt of notice by the reply of email and the agreement will cease to apply once the notice period is complete. During the serving notice period, the customer will have the option to cancel the termination and continue to use the products and service.
If the return is accepted based on the supplied direction, the customer can return the product with all accessories in their original packaging. The customer is requested to specify the reason for the return and make it clear if they want to apply for a refund or a replacement. The customer is responsible for ensuring that the product being returned is properly packaged during postage to ensure it arrived safely back at Encasa Botanics address.
If there is a contract/agreement for subscription or repeat orders with a fixed duration, the Customer can give the notice to terminate once the fixed period is complete or option to end early is given on execution. For example, an annual subscription to receive goods on a monthly can be terminated once the subscription period has completed or option to cancel early is given.
If the webshop user (customer) executes our returns policy returns the Termination Notice and products, Encasa Botanics will refund the cost of the products in the relevant Order Request. The Customer will be responsible for all postage, duty and overseas specific costs associated with the transaction or withdrawal costs.
EXCLUSION OF TERMINATION NOTICE
Encasa Botanics can exclude the Termination Notice of the Customer only if Encasa Botanics has explicitly mentioned this before the conclusion of the agreement. Encasa Botanics can Exclude the Termination Notice in the following cases:
- The product was sourced specially for the Customer to meet their needs and cannot be resold easily by Encasa Botanics.
- Any product that is personal and therefore cannot be legally resold.
- Products that cannot be returned because of their nature or ingredients that if exposed to air then may not longer function as intended.
- Products that have been spoiled or have a shelf life of less than a month
- roducts with a volatile price that can change with no influence from Encasa Botanics or are subject to currency change above 10% of the original exchange rate
- Products which have were not supplied by Clever Botanics but are sold on the Webshop. We require proof of purchase that matches timestamp of the product being shipped by Clever Botanics
PRICING (LEGAL TERMS)When Encasa Botanics makes a product visible on the Web Shop and When Encasa Botanics makes a product visible on the Web Shop and available to users, the offer will have a timestamped price associated with the good as well as associated shipping costs. Encasa Botanics will honour the prices for the duration of the proposal – except for any changes due to local tax rates on in the case of overseas purchase in accordance to the laws associated to the customer's local requirements.
Notwithstanding the previous paragraph Encasa Botanics can offer products and services with variable prices if the price of those products or services are subject to price fluctuations where Encasa Botanics has no influence, and in the case of overseas purchase and shipments, there may be extra charges that will be communicated to the customer before shipping. This exclusion will be mentioned by Encasa Botanics as part of the Offer when it is made available to Customers. All prices in the UK are inclusive of local taxes. However, overseas shipments may be subject to local VAT and payable by the customer.
WARRANTIES (LEGAL TERMS)
Encasa Botanics ensures that the products and services conform up to the specifications found in the agreement and that each offer mentions the specifications or products and services supplied by the grower/producer/manufacturer. Encasa Botanics will ensure that products sold on the webshop are reasonable, useful and sound and that on the date of publication/sale of the product and the products and services meets existing legal provisions and government regulations. Manufacturer's guarantees do not alter the rights of the customer as a consumer concerning claims under the agreement.
SHIPPING AND DELIVERY (LEGAL TERMS)
Encasa Botanics shall observe the utmost care when requesting products or services and placing orders for execution. The webshop user customer) must ensure that the address they provide is the correct place of delivery of products and services. Encasa Botanics will execute all accepted Order Requests following the Offer (legal terms) and the general terms & conditions. Encasa Botanics undertakes to execute all accepted Order Requests as quickly as practically possible, but no later than within 14 days unless a longer period has been agreed. If the delivery is delayed by circumstances outside of the control of Encasa Botanics the Customer will be notified about the delay no later than 14 days after the date the order was placed. In such a case the Customer has the right to terminate the agreement without any further cost and be given a refund.
If one or more ordered products become unavailable due to circumstances outside the control of Encasa Botanics, Encasa Botanics must attempt to source a replacement product and offer this to the Customer. In case a replacement product has been found the Customer must be notified in a clear and understandable manner that a replacement product will be delivered and they must be given the option to cancel the order or accept the replacement.
Encasa Botanics assumes responsibility for damage and/or loss of products until the moment of delivery at the Customer or a pre-designated and an announced representative of the Customer. In case the Customer receives any products in the damaged state, the Customer must report this by email within three days of receipt. In such a case if the Customer wishes to return the damaged product, they must refrain from opening the package any further or making use of the product(s).
TERMINATION AND EXTENSIONS (LEGAL TERMS)
On occasions where a repeat order or subscription is developed for the Web Shop, the customer can terminate an agreement or subscription based on the terms of that particular campaign at the time of subscribing.
COMPLAINTS AND DISPUTES (LEGAL TERMS)
Encasa Botanics provides a well presented and easy to access public channel for Customers to make complaints. Encasa Botanics will handle all complaints according to this procedure. The webshop user (customer) can find the link to the Complaints webpage in the Feedback page on the website. Customers are required to complete all the mandatory fields before a complaint can be submitted.
Complaints must be described fully and clearly and submitted within a reasonable time of occurrence to Encasa Botanics. Encasa Botanics will acknowledge all complaints within a day of receiving them. Encasa Botanics will provide first response to the Complaint within 14 days of receiving the complaint. Where a complaint requires longer to process, Encasa Botanics will answer within 14 days and indicate when the Customer can receive a detailed explanation.
Any legal disputes between Customers and Supplier are subject to English law. Both Encasa Botanics and the Customer submit to the non-exclusive jurisdiction of the courts of England.