Terms Of Website Use

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

What’s in these terms?

These terms outline the rules for using our website ajabotanicals.com (our site) and the content within it. Use of our site includes accessing, browsing, registering as a user of or submitting content to our site.

Who we are and how to contact us

ajabotanicals.com is a site operated by AJA BOTANICALS LIMITED (We). We are registered in England and Wales under company number 4091214 and have our registered office at Suite 1, 7^th Floor, 50 Broadway, London SW1H 0BL. Our VAT number is 441916887.

We are a limited company.

To contact us, please email customerservice@ajabotanicals.com.

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.

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.

We recommend that you print a copy of these terms for future reference.

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:

• Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
• Our Acceptable Use Policy, which sets out the terms on which you may interact with us via our social media accounts (including via Facebook, X (formerly Twitter), Instagram, Snapchat and Youtube, by ”following” us , “liking” us, “commenting” on our feeds, “retweeting” us (social media) or by adding content to our site) (permitted uses) and prohibited uses of our site. When using our site, you must comply with this Acceptable Use Policy.
• Our Cookie Policy, which sets out information about the cookies on our site.
• If you purchase goods from our site, our Terms and conditions of supply will apply to the sales.

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. These terms were last updated in September 2023.

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 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.

Our site is primarily designed for users in the UK.

Our site is directed to people residing in the United Kingdom, though products are available for purchase by customers in other countries. We do not represent that content available on or through our site is appropriate for use or available in other locations.

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 via email at customerservice@ajabotanicals.com.

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, share or report 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.

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.

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.

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 and via social media. 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.

If you wish to complain about information and materials uploaded by other users, please contact us on customerservice@ajabotanicals.com.

Our responsibility for loss or damage suffered by you.

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.

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.

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.

Social Media and uploading content to our site.

Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site via social media, you must comply with the content standards set out in our Acceptable Use Policy.

You warrant that any such contribution or use of social media does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to our site or use of social media in relation to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our site and social media accounts operated by us a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in the paragraph below headed: Rights you are giving us to use material you upload.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site or social media accounts operated by us constitutes a violation of their intellectual property rights, or of their right to privacy.

We have the right to remove any posting you make on our site or on our social media accounts if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.

You are solely responsible for securing and backing up your content.

Rights you are giving us to use material you upload.

When you upload or post content to our site or our social media accounts, you grant us the following rights to use that content:

- You grant us a perpetual, worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the goods and services supplied via our site and across different media including social media accounts operated by us. We may also use the content to promote our site and the goods and services supplied via our site;

- In addition, you grant third parties (for example, other users, partners or advertisers) a perpetual, worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content and across different media including social media accounts to use the content in connection with the goods and services promoted and supplied via our site and in accordance with the functionality of 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.

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.

No text or data mining, or web scraping.

You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our site or any services provided via, or in relation to, our site. This includes using (or permitting, authorising or attempting the use of):

• Any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the site or any data, content, information or services accessed via the same.
• Any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.

The provisions in this paragraph should be treated as an express reservation of our rights in this regard.

This paragraph shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.

Rules about linking to our site.

You may link to our site, 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.

The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.

If you wish to link to or make any use of content on our site other than that set out above, please contact customerservice@ajabotanicals.com.

We may transfer this agreement to someone else.

We can transfer our rights and obligations under these terms to any third party, provided this does not adversely affect your rights under these terms.

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.

Our trademarks are registered

You are not permitted to use any Aja Trademark without our approval, unless it is part of material you are using as permitted under: How you may use material on our site.

---

Terms and Conditions of Supply

1. These Terms

1.1 What these terms cover. These are the terms and conditions on which we supply goods to you.

1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide goods to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

2. Information About Us and How to Contact us

2.1 Who we are. We are Aja Botanicals Limited a company registered in England and Wales. Our company registration number is 4091214 and our registered office is at Suite 1, 7th Floor, 50 Broadway, London SW1H 0BL. Our registered VAT number is 441916887.

2.2 How to contact us. You can contact us by writing to us at customerservice@ajabotanicals.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 or postal address you provided in your order.

2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.

3. Our Contract With You

3.1 How we will accept your order. Your order of goods will constitute an offer by you to purchase the goods in accordance with these terms and conditions. Our acceptance of your order will be confirmed when we email you to accept it, at which point a contract will exist 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 in writing and will not charge you. This might be because the goods are out of stock, because of unexpected limits on our resources that we could not reasonably plan for, because we have identified an error in the price or description of the goods or because we are unable to meet a delivery deadline you have specified.

3.3 Your order number. We will assign a number to your order and tell you what it is when we accept your order. It will help if you can tell us this number whenever you contact us about your order.

3.4 We operate from the UK. Our website has been designed for the promotion and sale of our goods within the UK. We may, at our discretion, accept orders and ship to most countries worldwide but this site and its conditions are governed in accordance with English law. Please note that Aja Botanicals Limited is not responsible for any applicable fees or taxes that might be incurred by you in importing our goods into your destination country. Aja cannot estimate or advise on these fees or taxes, which can fluctuate or change at any time and we therefore recommend that you contact your local authority for information about import charges.

4. Our Goods

4.1 Goods may vary slightly from their pictures. The images of the goods on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the goods. Therefore your goods may vary slightly from those images.

4.2 Goods packaging may vary. 

The packaging of the goods may vary from that shown in images on our website.

5. Your Rights to Make Changes

If you wish to make a change to your order, 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 goods, the timing of supply or anything else which would be necessary as a result of your request and 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 condition 8, Your Rights to End the Contract).

6. Our Rights to Make Changes

6.1 We reserve the right to amend any specification of the goods if required by any applicable statutory or regulatory requirement, and we shall notify you in any such event.

6.2 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business; changes in technology; changes in payment methods; changes in relevant laws and regulatory requirements; changes in our system's capabilities; or for any other reason that it is our sole discretion to decide.

6.3 You will be subject to the policies and terms and conditions in force at the time that you place your order with us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you an email accepting your order (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of your receipt of the goods).

7. Providing The Goods

7.1 Delivery costs. The costs of delivery will be as displayed on our website.

7.2 When we will provide the goods. As part of the order process we will let you know when you can expect to receive your order. We will deliver the goods to you as soon as reasonably possible and ideally within 30 days of accepting your order.

7.3 We are not responsible for delays outside our control. If our supply of the goods is delayed by an event outside our control then we will contact you as soon as possible and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any goods you have paid for but not received.

7.4 If you are not at home when the goods are delivered. If no one is available at your address to take delivery, and the goods cannot be posted through your letterbox, your order may be left in a safe place or at a nearby address at the discretion of our chosen couriers. If your order is marked as delivered, we ask that you check with other members of your household and with close by neighbours before contacting us. In most non-delivery cases, the courier will either reattempt at their earliest convenience or leave a card with instruction on how to proceed with the delivery.

7.5 If you do not re-arrange delivery. If, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we, or the courier, 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 and condition 10.1 will apply.

7.6 When you become responsible for the goods. The goods will be your responsibility from the time we deliver them to the address you gave us.

7.7 When you own goods. You own the goods once we have received payment in full.

8. Your Rights to End the Contract

8.1 You can always end your contract with us. 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:

(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get some or all of your money back), see condition 11;

(b) If you want to end the contract because of something we have done or have told you we are going to do, see condition 8.2;

(c) If you have just changed your mind about the goods, see condition 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions.

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 (c) below the contract will end immediately and we will refund you in full for any goods which have not been provided and you may also be entitled to compensation. The reasons are:

(a) we have told you about an error in the price or description of the goods you have ordered and you do not wish to proceed;

(b) there is a risk that supply of the goods may be significantly delayed because of events outside our control; or

(c) you have a legal right to end the contract because of something we have done wrong (including because we have delivered late (see condition 7.2).

8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most goods bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.

8.4 Our goodwill guarantee. Please note, these terms reflect the goodwill guarantee offered by Aja Botanicals Limited registered at Suite 1, 7th Floor, 50 Broadway, London SW1H 0BL to its UK customers, which is more generous than your legal rights under the Consumer Contracts Regulations in the ways set out below. This goodwill guarantee does not affect your legal rights in relation to faulty or misdescribed goods (see condition 11.2):

Right under the Consumer Contracts Regulations 2013	How our goodwill guarantee is more generous
14 day period to change your mind	30 day period in which to change your mind and return goods to our warehouse
Consumer to pay costs of return	Subject to the terms below, we pay the costs of return

8.5 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of goods that have been removed from their packaging, even if not used, or goods which become mixed inseparably with other items after their delivery.

8.6 How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered. As you have bought goods, you have 30 days after the day you (or someone you nominate) receives the goods to send goods back to us, unless your goods are split into several deliveries over different days. In this case you have 30 days after the day you (or someone you nominate) receives the last delivery to change your mind about and return the goods.

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 the following:

(a) Email us at customerservice@ajabotanicals.com. Please provide your name, home address, details of the order and, where available, your phone number and email address. Please see the Model Cancellation Form set out at the end of these terms and conditions.

(b) By post. A return label may be obtained by contacting customer services at customerservice@ajabotanicals.com. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract, as well as details of what you bought, when you ordered or received it and your name and address. Please see the Model Cancellation Form set out at the end of these terms and conditions.

9.2 Returning goods after ending the contract. If you end the contract for any reason after goods have been dispatched to you or you have received them, you must return them to us. A return label may be obtained by contacting customer services at customerservice@ajabotanicals.com. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.

9.3 How we will refund you. We will refund you the price you paid for the goods, including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

9.4 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:

(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. Please see our Returns page for information about what handling is acceptable and examples. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.

(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a goods within 3-5 days at one cost but you choose to have the goods delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

9.5 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:

(a) Your refund will be made within 14 working days from the day on which we receive the goods back from you or, if earlier, the day on which you provide us with evidence that you have sent the goods back to us. For information about how to return goods to us, see condition 9.2.

(b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind

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 goods at any time by writing to you if:

(a) you do not make any payment to us when it is due and you still do not make payment within 10 days of us reminding you that payment is due;

(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the goods, for example, valid delivery address details; or(c) you do not, within a reasonable time, allow us to deliver the goods to you.

10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in condition 10.1 we will refund any money you have paid in advance for goods 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.

10.3 We may withdraw the goods. We may write to you to let you know that we are going to stop providing the goods. We will let you know at least 7 days in advance of our stopping the supply of the goods and will refund any sums you have paid in advance for goods which will not be provided.

11. If There is a Problem with the Goods

11.1 How to tell us about problems. If you have any questions or complaints about the goods, please contact us. You can write to us at customerservice@ajabotanicals.com.

If you discover that your goods are faulty later than 30 days after delivery, we reserve the right to request evidence, such as images of the defect, before issuing any refund of the price and/or any associated delivery charges.

11.2 Your legal rights. We are under a legal duty to supply goods that are in conformity with this contract. Nothing in these terms will affect your legal rights.

11.3 Your obligation to return rejected goods. If you wish to exercise your legal rights to reject faulty goods you must either post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please email us at customerservice@ajabotanicals.com for a return label or to arrange collection.

12. Price and Payment

12.1 Payment is due when the order has been accepted by us by email acceptance (described in condition 3.1).

12.2 Where to find the price for the goods. The price of the goods (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 goods advised to you is correct. However please see condition 12.3 for what happens if we discover an error in the price of the goods you order.

12.3 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 goods, we will adjust the rate of VAT that you pay, unless you have already paid for the goods in full before the change in the rate of VAT takes effect.

12.4 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the goods we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the goods’ correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the goods’ 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 mis-pricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.

12.5 When you must pay and how you must pay. We accept payment with Visa, Visa Debit, MasterCard, Solo and Maestro. We also accept PayPal. You must pay for the goods when the payment is due. You must pay for the goods when the payment is due and in any event, before we dispatch them.

12.6 Discounts and Promotions. From time to time, we may run promotional offers, sales, flash promotional events and issue discount codes. We will do our utmost to explain the terms of such offers at the time of issue, though please be aware that any terms noted may not be exhaustive. Any next order discount codes received in parcels will be valid for up to three months from the date of order despatch, unless otherwise stated. Please contact us for further information on specific offers. In general, discounts and promotions cannot be used in conjunction with another offer and unless stated otherwise, will not apply to Sale items. Discounts and promotions cannot be applied retrospectively to past orders.

13. Limitation of our Liability

13.1 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 goods.

13.2 We are not liable for business losses. We only supply the goods for domestic and private use. If you use the goods 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, loss of business opportunity, loss of agreement or contracts, loss of anticipated savings, loss of use or corruption of software, data or information, loss of or damage to goodwill and indirect or consequential loss.

14. How We May Use Your Personal Information

For details on how your personal information may be used, please refer to 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 (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. However, you may transfer our guarantee at condition 8.4 to a person who has acquired the goods. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item or property.

15.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in condition 15.2 in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms. This contract does not give rise to any rights under the Contract (Rights of Third Parties) Act 1999.

15.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the conditions 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 goods, we can still require you to make the payment at a later date.

15.5 Indemnity. You agree to indemnify, defend and hold harmless Aja Botanicals Limited, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from, without limitation, your breach of these terms and conditions, your infringement of any intellectual property right or any other right of any person or entity, or your breach of any duty of confidence or privacy, or any defamatory statements made by you in any form.

15.6 Which laws apply to this contract and where you may bring legal proceedings. This contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by and construed in accordance with 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.

Model Cancellation Form

(Complete and return this form only if you wish to withdraw from the contract)

To: Aja Botanicals Limited Suite 1, 7th Floor, 50 Broadway, London SW1H 0BL. Email: customerservice@ajabotanicals.com

I hereby give notice that I cancel my contract of sale of the following goods [*Include here a description of what items were ordered*],

Order number: [*Include your Order Number*]

Ordered on [*Include the order date*]. Received on [*Include the date the order was received*],

Name of consumer: [*Include your name*],

Address of consumer: [*Include your address*],

Telephone number of consumer: [*Include your preferred contact number*],

Email address of consumer: [*Include your preferred email address*],

Signature of consumer (only if this form is notified on paper).

---

Website Acceptable Use Policy

This acceptable use policy sets out the terms between you and us under which you may access our website ajabotanicals.com (our site). This acceptable use policy applies to all users of, and visitors to, our site.

Your use of our site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our terms of website use.

ajabotanicals.com is a site operated by AJA BOTANICALS LIMITED (We). We are registered in England and Wales under company number 4091214 and have our registered office at Suite 1, 7^th Floor, 50 Broadway, London SW1H 0BL. Our VAT number is 441916887.

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 bully, insult, intimidate or humiliate any person.
• 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 or any other form of similar solicitation (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.

You also agree:

• Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of website use.
• Not to access without authority, interfere with, damage or disrupt:
• any part of our site;
• any equipment or network on which our site is stored;
• any software used in the provision of our site; or
• any equipment or network or software owned or used by any third party.

Interactive Services

We may from time to time provide interactive services on our site, including, without limitation:

• Chat rooms
• Bulletin boards
• Customer gallery
• Blog comments section
• (interactive services)

Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool-proof. Minors who are using any interactive service should be made aware of the potential risks to them.

Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

Content Standards

These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it.

You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.

Contributions must:

• Be accurate (when they state facts)
• Be genuinely held (where they state opinions)
• Comply with applicable law in England and in any country from which they are posted

Contributions must not:

• Contain any material which is defamatory of any person.
• Contain any material which is obscene, offensive, hateful or inflammatory.
• Promote sexually explicit material.
• Bully, insult, intimidate or humiliate.
• Promote violence.
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Infringe any copyright, database right or trade mark of any other person.
• Be likely to deceive any person.
• Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
• Promote any illegal activity.
• Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
• Be likely to harass, upset, embarrass, alarm or annoy any other person.
• Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
• Give the impression that they emanate from us, if this is not the case.
• Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

Suspension and Termination

We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this acceptable use policy constitutes a material breach of the terms of use upon which you are permitted to use our site, and may result in our taking all or any of the following actions:

• Immediate, temporary or permanent withdrawal of your right to use our site.
• Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
• Issue of a warning to you.
• Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
• Further legal action against you.
• Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

Copyright

Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

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, but 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 from 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. The website from which you are linking must comply in all respects with the content standards set out in this acceptable use policy.

If you wish to make any use of material on our site other than that set out above, please contact us.

Links from our site

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.  We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.

How this contract can be transferred

We can transfer our rights and obligations under these terms to any third party, provided this does not adversely affect your rights under these terms.

Which Country’s Laws apply to any Disputes

Please note that the terms of this policy, its subject matter and its 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.

Changes To The Acceptable Use Policy

We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.