Terms and Conditions
Terms and Conditions
These conditions shall apply to all sales transactions between Martha's Garden (Martha's Garden Natural Skincare) and the purchaser placing an order with Martha's Garden for the manufacture and/or supply of any goods.
We reserve the right, with or without notice, to cancel or reduce the quantity of any products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.
Martha's Garden reserves the right to amend their Terms and Conditions at any time; if changes are made, we will post a notice of any such changes on the website. We suggest that you revisit the Terms and Conditions from time to time to review any changes.
1. Purchasing Goods
When purchasing goods on this website you agree that the personal information which you are required to provide when you register as a customer is true, accurate and current in all respects and does not refer to any other person. Should your personal information, such as contact details, change, then you are requested to inform us (firstname.lastname@example.org) before any further orders may be taken. Likewise, the customer is expected to provide accurate, current and valid payment details that correspond to the customer alone and not another individual.
You place your order request for goods from the website by clicking on the confirm order button at the end of the on-line order process. You will be guided through the process of placing an order by a series of simple instructions on the website.
Payment for items (retail customers) is currently through Paypal, a secure online payment method, or using BACS. You have the option to log on to Paypal and use your account balance and/or registered accounts or to simply purchase items with a credit card. You are not required to have a Paypal account if you’d prefer to purchase with a card via Paypal. Payment for wholesale customers is via BACs, a 50% deposit being required on confirmation of the order and the balance payable prior to despatch.
Once you have placed your order, we will send to you an acknowledgement providing you with a payment reference and the value of your order. We will retain the legal ownership of the goods until full payment has been made by you and such payment has been received by us. Legal ownership of the goods will immediately revert to us if we refund any such payment to you.
Any unauthorised use of our site (for example, use of a coupon that is not genuine) may result in your order being refused with a full refund.
2. Pricing and description of goods
Prices for goods on the website are as quoted; VAT is not charged on any item. Cost for delivery and standard packaging will be added at checkout; these costs are as stated in section 5, ‘Delivery’. We will take all reasonable care to ensure that all details, descriptions and prices of products appearing on the website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the website as up to date as possible, the information including product descriptions appearing on this website at a particular time may not always reflect the position exactly at the moment you place an order. We endeavour to make sure pricing is correct at time of publishing, but reserve the right to change prices due to error or supplier changes. The customer will be informed of price changes accordingly.
We attempt to be as accurate as possible when describing our products on the website; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colours, information or other content available on the website are accurate, complete, reliable, current, or error-free.
Whilst every effort is made to accurately describe products on the website, the photographic image is only a general representation of the product. All items are hand made in small batches and, as such, there may be slight variations between individual products and batches in terms of colour, scent and texture, none of which will affect product quality. Martha's Garden reserve the right to make a change to a design or fragrance.
3. Care of products and precautions
Once purchased, products should be stored in a cool, dry place out of direct sunlight, until use. During warm weather, face creams and body butters may melt. Should this occurr, simply refrigerate until solid and then re-mix using an electric mixer until the desired consistency is reached. This is no way affect the efficacy of the products.
Where possible, natural and mineral colours are used. Although highly unlikely, it is possible that these may cause staining of pale fabrics.
The products are for external use only. Should any irritation occur, use should be discontinued immediately; we would be grateful for any feedback should this happen.
As with all new products, it is advisable to check on a small area of skin before main use. Some essential oils contain potential allergens that may cause adverse reactions in some individuals. These are clearly stated on the website and the product labelling in accordance with current EU regulations. If a customer has a known sensitivity to an ingredient or allergen, it is their responsibility to check the ingredients list of the product prior to purchase.
All our products (with the exception of the sprays and fairy dust) contain at least one ‘nut’ oil: many contain shea nut butter (Butyrospermum parkii) and some contain additional nut oils such as almond oil, rosehip seed oil, evening primrose, jojoba, apricot kernal, macadamia nut, hazel nut and walnut oils. Many other other products also contain one or more nut based ingredients such as Cocoa Butter and Coconut Oil.
Martha's Garden will try to use recycled boxes, envelopes and packaging and will aim to keep packaging to a minimum, both in terms of cost to customer and amount of packaging used. As far as is possible, only previously recycled plastic packaging is used. We would encourage our customers to reuse or recycle their packaging for the benefit of the environment.
We promise to ship our best-quality products to you in a safe, secure and reliable manner and to deal promptly with any concern you may have regarding your order.
We will make every effort to despatch orders within 3 working days of receipt; in most instances, orders will normally be dealt with within 24 hours. Proof of despatch will be obtained by Martha's Garden and will be available upon request.
As far as possible, we seek to reuse packaging material to help reduce our impact on the environment; this includes the outer container.
There are currently two options for delivery:
1. Royal Mail (orders up to 2kg packaged weight)
Standard delivery for parcels with goods with a value below £20 will be Royal Mail second class mail providing a 2-7 day delivery service within the UK mainland. The cost will be £3.50.
Standard delivery for parcels with goods up to 2kg packaged weight with a total packaged value between £20-£100 will be Royal Mail second class recorded mail (@ £4.50) providing a 2-7 day delivery service within the UK mainland; this will require the recipient to sign for the goods, or to nominate an alternative recipient. The Royal Mail will attempt delivery and if the recipient/nominated recipient is not at home, a card may be left with written instructions asking them to contact their local post office to arrange collection. It is then the recipient’s responsibility to contact the Royal Mail and arrange for collection. It is the purchaser’s responsibility to ensure that a recipient or nominated representative is present to sign for the delivery. If the delivery is returned to Martha's Garden, re-delivery will not be possible and the order will be cancelled and refunded in full. Proof of despatch will be obtained by Martha's Garden. The customer may request that the item be left in a nominated safe place. It will then be the responsibility of the customer, not Martha's Garden, should the order subsequently go missing or suffer damage once left by the postman/courier; no refund or replacement of goods will be offered in such a situation.
Should first class delivery be required, please contact us to arrange costs.
2. 24hr Courier Service (orders above 2kg packaged weight)
Orders that would normally exceed 2kg total packaged weight (up to 10kg total packaged weight) will be sent via 24hr courier and will require a signature on delivery. The cost for this will be £9.00.
For orders above £10kg packaged weight, please contact us to obtain a postage quote.
General information re: delivery
Martha's Garden does not accept any liability whatsoever for delayed delivery caused by any third party. As soon as you have received the goods, you will assume all risk in the goods. Upon delivery of the goods to you, we will also provide you with sufficient details to enable you to:
a) exercise your right of cancellation; and b) address any intended cancellation or complaints to the correct place of business.
If you have not received the entire order, as detailed in the order confirmation email sent to you when an order is received, please contact Martha's Garden within 3 days of receipt of goods.
If you have a rush order please let us know and we will exert extra effort to try to get your order out sooner.
Martha's Garden accepts no liability for any loss resulting from the customer’s failure to comply with our carrier’s delivery.
Other than delivery within the EU, we do not ship international orders at this time. Flat rate shipping to continental EU countries (and the Republic of Ireland) is currently £6.00 for items up to 0.5kg packaged weight and £9.00 for items up to 1kg packaged weight. For orders over 1kg, please contact us for a quote.
6. Returns and Cancellations
Unless we have notified you that we do not accept your order, or you have cancelled your order in accordance with the cancellation conditions as stated below, our acceptance of your order and the completion of the contract between you and us will take place when we have dispatched the goods ordered by you.
We may not accept your order if an item you have ordered is out of stock, we are unable to obtain authorisation for your payment or if we identify a product or pricing error. We reserve the right to reject any offer to purchase by you at any time.
If we are unable to fulfil your order following our order acknowledgement, we will contact you by email or telephone advising you of this.
If you are not satisfied and wish to return the goods ordered, you must notify us within 7 days of receiving your order. We will refund only UNUSED products, returned to us in fully re-saleable condition, including undamaged packaging and labelling for individual items ( within 21 days.
We must be notified of incorrect or damaged orders within 3 days of receipt. If you cancel an order after despatch, this will incur a 10% surcharge. Where the reason for return is NOT due to an error made by Martha's Garden, all return costs incurred will be the customer’s responsibility and a refund for items will not be issued until the goods are received back in an UNUSED (and, where applicable, unopened) and fully resaleable condition.
7. Complaints and Customer Service
The purchaser should inform Martha's Garden immediately of any problems either by emailing email@example.com or by phoning 07754702578
Customer satisfaction is very important to us and, as such, we will aim to deal with your complaint within 5 working days; in most instances we will aim to deal with your complaint within 48 hours.
The customer is welcome to contact us on any issue relating to their order, or for any general enquiries, on the email listed above.
By using the website, you are responsible for all actions that occur in relation to your account.
Martha's Garden collects the information provided by the customer at the time of ordering and uses this information lawfully and in accordance with the Data Protection Act 1998. This information is used to process the customer’s order and also to provide the highest level of customer service possible. Customer data is encrypted via a secure payment site.
Martha's Garden will not sell, or pass on, customer details to any third party. If you order from us, we may contact you about your order and we may, on occasion, e-mail or write to you with information about our products and special offers. If you would prefer not to receive any promotional material at all from us, please let us know.
9. Limitation of Liability:
We will use reasonable endeavours to carry out our obligations in a reasonable time but will not be liable to the customer for any loss, costs or expenses arising directly or indirectly from any delays and we will not be deemed to be in breach of this agreement by reason of any delay in performing or any failure to perform, any obligations in relation to this agreement, if the delay or failure was due to any cause beyond our reasonable control.
If prevented from carrying out our obligations we will notify you in writing. If we are still prevented 3 weeks from the date of such notice then either party may give notice cancelling the agreement. If the agreement is cancelled in this way we accept no liability to compensate you for any loss or damage caused by failure to perform
Except where the buyer is dealing as consumer (as defined in the Unfair Contract Terms Act 1977 section 12) we do not give any warranty, guarantee or indemnity as to quality, fitness for purpose or otherwise of the goods.
We will not be liable to the buyer for any loss of profit, any indirect special or consequential loss, damage, costs, expenses or other claims arising out of or in connection with the supply of goods other than as a result of a breach of an obligation arising under the Sale of Goods Act 1979 (as amended) and the Supply of Goods and Services Act 1973.
We attempt to be as accurate as possible when describing our products on the Site; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colours, information or other content available on the Site are accurate, complete, reliable, current, or error-free.
As with all new products, it is advisable to check on a small area of skin before main use. Some essential oils used contain potential allergens. Those are clearly stated on the reverse of the labelling in accordance with current EU regulations. In some individuals those substances can cause adverse reactions.
Our products are manufactured in strict accordance with Good Manufacturing Practice. We do not accept responsibility for the misuse of our products. It is the responsibility of the customer to use the products with discretion and check with a professional if in doubt.
All products are checked carefully before dispatch to the customer. We cannot be held responsible for deterioration of the products due to delivery or to the customer’s incorrect storage conditions eg, exposure to direct sunlight, heat etc. The customer should ensure that the products are stored in cool and dry conditions prior to use. . Balms and butters may liquefy if kept too warm. Bath bombs and creamers will deteriorate if kept in warm, damp or humid conditions. Salts will attract water if left open to the air. All products have a BBE date of 24 months post-manufacture: this is a minimum date included to ensure best condition of soap prior to use; use beyond this date does not imply deterioration at all and products kept in optimum conditions may last for many years.
All opinions expressed in my reviews of other products (via this website or my affiliated social media sites) are my own independent and impartial opinions; as such, the opinions I give may not correspond with those of other people (including the reviewee). I am not paid to do reviews, nor am I given incentives to promote a product or business. If a review request is accepted, I will aim to provide an honest opinion based upon my own experience. I will only endorse those products which, I believe, are worthy of my endorsement. As such, I have the right to decide not to review a product, or, having reviewed the product, to decide not to publish a review.
10. Wholesale, bespoke and special orders
Wholesale retail clients may purchase soap and other products at a standard wholesale rate. This carries a minimum order and is open only to trade clients who will then retail the products through their own establishments or as in the case opf therapists, use them on their clients. Wholesale prices are available on request.
Due to the legal requirements for full traceability, all Martha's Garden products will therefore carry either:
a) an attached full label to include logo, website, full INCI ingredients listing and use by date .
b) a sticker that states the company name (with full INCI ingredients, website, BBE or use by date to be included with the product at point of sale)
To meet EU compliance regulations, the product shall not be sold without a full means of tracing it (including batch number) back to Martha's Garden.
Bespoke formulations for products will carry an additional fee. This will cover cost of labour, specialist research into formulation development, trial products and any necessary administrative upgrades/documentation that the formula may require.
Unless previously agreed, all recipes will remain the exclusive, and private, intellectual property of Martha's Garden. If selling under own label, clients must include Martha's Garden contact details on their labelling to comply with EU legislative requirements. These contact details must remain with the product.
All wholesale orders will require a 50% deposit on confirmation of the order, the balance payable prior to despatch. The deposit is non-refundable for products that are:
– part of the current range but which then need to be made to order to fulfil the amount required
– products that require wrapping or boxes
– bespoke products or products not part of the standard range of Martha's Garden (eg limited edition).
Should cancellation of the order be made my Martha's Garden, the client will receive the full deposit; should the client subsequently cancel the order after the point at which products have been made/wrapped/packaged, the deposit will not be refundable.
It is not our policy to supply goods on approval nor are we currently able to supply free samples of our products on request. The sending of free samples is by our discretion.
All content available on the website is the property of Martha's Garden and is protected by UK and international copyright laws. Nothing may not reproduced in whole or part by electronic means or in print without the prior written permission of the company. We are not responsible for the content of any off-website pages or any other websites linked to or from the website.
13. Jurisdiction and Contact details
JURISDICTION: These terms and conditions shall be governed by, and construed in accordance with, relevant United Kingdom law and the relevant courts of the United Kingdom will have exclusive jurisdiction in relation to the Agreement.
None of the above terms affect your statutory rights as a consumer.
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