Terms of service

1. Who we are

Canwood Botanical is a trading name of DM Tools Ltd, a company registered in England and Wales under company number 13391167.

Registered office: 7 Bell Yard, London, WC2A 2JR, United Kingdom.
Email: hello@canwoodbotanical.com

In these terms, “we”, “us” and “our” mean DM Tools Ltd trading as Canwood Botanical. “You” means the person using our website or buying from us.

We are an online nursery. Our growing site is not open to the public and we do not operate a shop or trade counter.

2. About these terms

These terms apply to your use of our website and to every order you place with us. Please read them before ordering. By placing an order you agree to these terms.

These terms are governed by the law of England and Wales, and are written in English.

Our website and these terms are intended for consumers buying for personal or household use. If you wish to buy for resale or on trade terms, please contact us first — separate terms will apply.

Nothing in these terms affects your legal rights as a consumer. You always have the rights given to you by the Consumer Rights Act 2015 and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, whatever these terms say.

3. Our plants and seeds are living things

This section matters more than any other, so please read it.

Plants vary naturally. Every plant we send is an individual grown outdoors. Height, spread, habit, leaf colour, number of stems and flowering time will differ from plant to plant and from any photograph. Photographs on our website show a representative example, often at peak season, and are for illustration.

Plants change with the seasons. Depending on when you order, a plant may arrive dormant, cut back, without flowers, or with autumn colour. A herbaceous perennial bought in winter may look like little more than a pot of compost. This is normal and healthy.

Sizes are approximate. Pot sizes are nominal and plant heights are given as a guide at the time of listing, not a guarantee of the size on arrival.

Some travel stress is normal. Wilting, leaf drop, yellowing of lower leaves and bent stems are common after transit and usually resolve within a week or two of planting and watering.

None of this reduces your rights if a plant arrives genuinely unhealthy, damaged or not what you ordered. See section 9.

4. Seeds and germination

We supply seed that is within date and stored correctly, and we state the packet quantity.

We cannot guarantee germination. Whether seed germinates depends on sowing depth, compost, temperature, moisture, light and timing — all of which are under your control once the seed leaves us. Where we state a germination rate, it reflects testing under controlled conditions and is not a promise of the result in your conditions.

If you believe a packet was faulty rather than the sowing conditions, contact us with details of how and when you sowed it and we will look into it fairly.

5. Safety, toxicity and allergies

Many garden plants are poisonous if eaten, and some cause skin irritation. Unless a listing expressly describes a plant or seed as edible, you should assume it is not for human or animal consumption.

Please:

• Keep plants, seeds, bulbs and packaging away from children and pets.
• Wear gloves when handling plants if you have sensitive skin, and wash your hands after handling plants or compost.
• Check the specific plant before eating any part of it, and never rely on a general resemblance to an edible species.
• Seek medical or veterinary advice immediately if you suspect a plant has been eaten.

Where we sell edible crops such as vegetable or herb seed, produce you grow is for your own use and you are responsible for growing, harvesting and preparing it safely.

Plant information on our website is general horticultural guidance, not professional, medical or veterinary advice.

6. Placing an order

Your order is an offer to buy. A contract is formed only when we send you an email confirming that your order has been dispatched — not when you receive an order acknowledgement and not when payment is taken.

We may decline an order, for example if an item is unavailable, if we cannot deliver to your address, if we have crop failure, or if we identify a pricing or description error. If we decline, we will tell you and refund any payment in full.

Crop failure and substitution. We grow to order and a batch can occasionally fail. If we cannot supply what you ordered, we will contact you and offer a substitute of equal or greater value, a later delivery date, or a full refund — your choice. We will never substitute without asking you first.

We may limit quantities available to any one customer.

7. Prices and payment

Prices include VAT where applicable and exclude delivery, which is shown separately before you pay. The price you pay is the price shown when you place your order.

If we spot an obvious pricing error before dispatch, we will contact you to confirm whether you wish to proceed at the correct price, or cancel and receive a full refund. We will not simply charge you the higher amount.

8. Delivery

Risk stays with us until the goods reach you. If a parcel is lost or the contents are damaged in transit, that is our responsibility, not yours — contact us and we will put it right.

We dispatch on selected days each week so that plants are not sitting in the postal system over a weekend. Delivery estimates are given in good faith but are not guaranteed times.

We may hold dispatch in extreme weather. Hard frost and heatwaves can kill a plant in transit. If conditions are dangerous for your order we will delay dispatch and let you know. Delivery within 30 days remains the default; if we cannot meet that, you may cancel for a full refund.

Please give an address where someone can receive the parcel, and tell us any safe-place instruction at checkout. If you ask us or the carrier to leave a parcel in a specified safe place, risk passes to you once it is left there. A living plant left outdoors for several days may not survive, and we cannot be responsible for that.

If delivery fails because the address you gave was wrong or incomplete, or because the parcel was not collected after a card was left, we may charge the cost of redelivery.

We currently deliver to the United Kingdom only. Plant health rules restrict sending plants and seeds across many borders.

9. If something is wrong with your order

Please check your order as soon as it arrives. For living plants, please contact us within 48 hours if anything is wrong, since condition can change quickly and it helps us tell transit damage from later problems.

Email hello@canwoodbotanical.com with your order number and a photograph.

Under the Consumer Rights Act 2015, goods must be as described, of satisfactory quality and fit for purpose. If they are not, you have the right to reject them within 30 days for a full refund, and we cover all costs. In most cases we will not ask you to send a plant back.

For cancellations, returns and refunds generally, see our Refund Policy.

10. After your plants are planted

We are responsible for the condition of a plant when it reaches you. We cannot be responsible for what happens to it afterwards.

Whether a plant establishes and thrives depends on soil, drainage, aspect, watering, feeding, pruning, pests, local wildlife and weather — none of which we control or can inspect. We do not guarantee that a plant will survive, establish, flower or fruit once it has been planted, and we do not offer a replacement guarantee for plants that fail after planting.

That said, we would rather help than argue. If a plant fails soon after arrival, send us a photograph and tell us where and how you planted it — we will give you honest advice, and if we think the plant was at fault we will put it right.

11. Our responsibility to you

We do not exclude or limit our liability in any way where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, for breach of your legal rights in relation to the goods, and for defective products under the Consumer Protection Act 1987.

Subject to that, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or failing to use reasonable care and skill. We are not responsible for loss or damage that is not foreseeable.

We do not supply goods for business use. We will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Where we are liable, and except where the law says otherwise, our liability is limited to the price you paid for the order concerned.

12. Events outside our control

We are not liable for failure or delay caused by events outside our reasonable control, including extreme weather, crop failure or disease, plant health restrictions, carrier failure, fire, flood, power or network failure, or government action. If such an event occurs we will contact you as soon as possible, and if the delay is substantial you may cancel and receive a full refund for undelivered goods.

13. Using our website

You may use our website for lawful purposes only. You must not misuse it by knowingly introducing malicious code, attempting to gain unauthorised access, interfering with its operation, or using it to send unsolicited commercial messages.

You must not extract or reuse substantial parts of our website content, including systematic scraping of our product listings, images or descriptions for republication.

If you create an account, keep your password secure and do not share it. Tell us promptly if you think someone else has used it.

We may suspend or withdraw access to our website, or to an account, where we reasonably believe these terms have been breached. Where practical we will give notice first.

14. Our content

The content of our website — including text, plant descriptions, growing guides, photographs, our name and our logo — belongs to us or our licensors and is protected by copyright and trade mark law in the United Kingdom and elsewhere.

You may view, download and print pages for your own personal use. You may not otherwise copy, republish or commercially exploit our content without our written permission. Our photographs and growing guides in particular are our own work and are not free to reuse.

15. Reviews and anything you send us

If you send us a review, photograph, comment or suggestion, you give us permission to use it in connection with our business, including on our website and social media, without payment. You keep ownership of what you send.

You confirm that anything you send is your own, is accurate, is not unlawful or offensive, and does not infringe anyone else’s rights. Please tell us if you received anything free or at a discount in return for a review.

We may decline to publish, or may remove, anything we reasonably consider unlawful, offensive or misleading. We are not obliged to publish reviews, but we will not remove a review simply because it is critical.

16. Your privacy

We handle your personal information in accordance with our Privacy Policy. Our website is hosted by Shopify, which processes personal information on our behalf in order to provide the service.

17. Our relationship with Shopify

Canwood Botanical is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Canwood Botanical. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Canwood Botanical, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Canwood Botanical.

18. Other websites

Where our website links to other sites, those links are provided for information only. We have no control over their content and are not responsible for it.

19. Changes to these terms

We may update these terms from time to time, for example to reflect changes in the law or in how we operate. The terms that apply to your order are the ones published when you placed it — we will not change the terms of an order you have already placed.

20. Complaints

If something has gone wrong, please email hello@canwoodbotanical.com with your order number. We aim to acknowledge complaints within 2 working days and to resolve them within 14 days.

If we cannot resolve matters between us, you may be able to use an alternative dispute resolution scheme, and you retain the right to bring court proceedings. You can also get free consumer advice from Citizens Advice.

21. General

If any part of these terms is found to be unlawful or unenforceable, the remaining parts continue to apply.

If we do not insist that you do something you are required to do under these terms, or delay in taking action, that does not prevent us from taking action later.

We may transfer our rights and obligations under these terms to another business; we will tell you if that happens and it will not affect your rights. You may not transfer your rights or obligations without our written consent.

These terms are between you and us. No other person has any right to enforce them under the Contracts (Rights of Third Parties) Act 1999.

These terms are governed by the law of England and Wales. You and we both agree that the courts of England and Wales will have jurisdiction, except that if you live in Scotland or Northern Ireland you may also bring proceedings in your own country, and you keep the benefit of any mandatory protections of the law where you live.

22. Contact us

DM Tools Ltd, trading as Canwood Botanical
7 Bell Yard, London, WC2A 2JR, United Kingdom
Company number 13391167
hello@canwoodbotanical.com