Terms of service

 These Terms 

These are the terms and conditions on which we supply products to you, whether these are goods, services or digital content. 

Please read these terms carefully. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. 

We are Liberties Plant Co. Ltd., trading as Hopeless Botanics. 

You can contact us by writing to us at hello@hopelessbotanics.ie

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 to us in your order. 

Our contract with you

By placing an order through the website, our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us. You agree to accept all our terms, conditions, policies and notices stated below when purchasing items from our website. 

If we are unable to accept your order, we will inform you of this as soon as possible. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.  

We reserve the right to refuse any order you place with us or limit or cancel quantities purchased per person, per household, per geographical region or jurisdiction, or per order. 

Our products

The images of the products 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 products. Your product may vary slightly from those images. 

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

Occasionally there may be information on our site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the website is inaccurate at any time without prior notice (including after you have submitted your order).

Although we only sell high graded plants, and look after them with much love and care before being sold to you, we cannot warrant that the quality of any products, information, or other material purchased or obtained by you will meet your expectations, or that any errors will be corrected.

Price and payment

The price of the product (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 product advised to you is correct. 

If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

For goods, you must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you. 

Providing the products

The costs of delivery will be as displayed to you on our website at check out. During the order process we will let you know when we will provide the products to you. If the products are goods we will deliver them to you as soon as reasonably possible and in any event within 7 business days after the day on which we accept your order. 

If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. 

If you have asked to collect the products from our premises or pop up shop, we will advise you of the date and time when you can collect them from us.

If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs.

A product which is goods will be your responsibility from the time we deliver the product to the address you gave us or you or a carrier organised by you to collect it from us. You own a product which is goods once we have received payment in full.

Our gift cards

Our gift cards entitle the holder to goods equal to the value stated on the voucher. Gift cards may only be redeemed at https://hopelessbotanics.ie or in our shop. 

They cannot not be exchanged (partly or fully) for cash. Gift cards do not expire. 

Intellectual property rights

We are the owners of all intellectual property rights on our site, and the material published on it. All such rights are reserved.Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged. You must not use any part of the materials on our site for commercial purposes without obtaining consent and/or a licence to do so.

Our liability

The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall we be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, our liability shall be limited to the maximum extent permitted by law. 

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 products.

Information about you and your visits to our site

We process information about you in accordance with our privacy policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.  

Viruses, hacking and other offences

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. And 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.

We will not be liable for any loss or damage caused by viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other material due to your use of our site.

Links from our site

Where our site contains links to other sites and resources provided by third parties, these third party websites are not affiliated with us. We have no responsibility or 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. 

Personal Information

Your submission of personal information through the store is governed by our Privacy Policy.

Governing Law 

These terms and any separate agreements whereby we provide you goods and/or services shall be governed by and construed in accordance with the laws of the Republic of Ireland.

Changes to and access to this website

We update our site regularly (including price and description of our products) and, at our discretion, may change the content at any time. If the need ever arises, we may also suspend access to our site. We may revise these terms 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 made, as they are binding on you. Some of the provisions contained in these terms may also be superseded by provisions or notices published elsewhere on our site.