Terms & Conditions
These are the Terms and Conditions on which we supply our products to you.
Please read them carefully before ordering with us. These terms tell you what you need to know about buying with us. We may revise these terms and conditions without notice by posting revised terms and conditions of sale on our website. The terms and conditions posted on our website at the time you place your order will govern that purchase.
1. Who We Are
This website is owned by Fungarium Ltd (trading as ‘Wild Fungarium’) a company incorporated and registered in Scotland (company registration number SC834445) whose main trading address is Wild Fungarium, 13 Randolph Place, Edinburgh, EH3 7TA. Our registered VAT number is GB48517174.
How to contact us: You can contact us via our email hello@wildfungarium.com or in writing addressed to: Katrina & James, Wild Fungarium, 13 Randolph Place, Edinburgh, EH3 7TA.
How we may contact you: If we have to contact you, we will send an email to the email address you provided to us when placing your order online or when making a purchase in store.
2. Your Details
2.1 When you register with the Wild Fungarium website, you will be required to choose a contact email address and password. You are responsible for all sessions and transactions taken under these details. You should keep your password safe and not disclose it to anyone. You should change it immediately if you feel it has been compromised.
2.2 If any of your details change, such as your credit card billing address, you must inform Wild Fungarium as soon as possible. You may update your details by signing into your account on the Wild Fungarium website, and update the relevant section.
3. The Contract Between Us
3.1 Any contract for purchases made through the website will be with Fungarium Ltd, whose registered office is situated at 29 Commercial Street, Dundee, Scotland, DD1 3DG and trading address is Wild Fungarium, 13 Randolph Place, Edinburgh, EH3 7TA.
3.2 Wild Fungarium must receive payment of the whole of the price for the goods that you order before your order can be accepted, and the contract formed. Once payment has been received Wild Fungarium will confirm that your order has been received by sending an email to you at the email address you provide in your registration form. The shipment email will include your name, the order number and the total price. Wild Fungarium’s acceptance of your order brings into existence a legally binding contract between us on these terms. Any term sought to be imposed by you in your order will not form part of the contract.
3.3 Wild Fungarium is entitled to withdraw from any contract in the case of obvious errors or inaccuracies regarding the goods appearing on our website. If an error or inaccuracy is discovered with regards to the advertised price of the goods that you have ordered, we will contact you as soon as possible by email. This will be to inform you of the correct price of the goods, and to ask you if you wish to continue with the order at the amended price, or to cancel the order altogether.
4. Our Rights to Cancel Your Order
4.1 If we cannot fulfil your order. In the unlikely event that we’re unable to fulfil your order (e.g. because the product is out of stock, we haven’t been able to verify the billing information you’ve provided, you have requested delivery to a country that we do not currently ship to, or there has been an error in the pricing or description of the products), we will let you know by email that we are cancelling your order and we won’t charge you for the product.
4.2 Unusual or suspicious activity. We provide our products for your personal use only. We may cancel an order if we notice something unusual or suspect that the products we sell are being exploited for any commercial, business or re-sale purpose. If this happens to you and you think we’ve made mistake, get in touch with our team by email at hello@wildfungarium.com.
4.3 Suspending the supply of products. We may have to suspend the supply of a product to you to:
4.3.1 deal with technical problems or make minor technical changes;
4.3.2 update the product to reflect changes in relevant laws and regulatory requirements; and/or
4.3.3 make changes to the product as notified by us to you.
5. Our Products
5.1 What we provide. We provide books and various gifts about wildlife, nature or the natural world from various suppliers including but not exclusively wildlife books, gardening equipment, ceramics, board games, seeds and stationary.
5.2. Product descriptions. The picture of the products (and packaging) on our website are for illustrative purposes only. We work to ensure that colours are displayed accurately but we cannot guarantee that a device’s display of the colours exactly reflects those of the products.
5.3. Gift Vouchers. You can purchase gift vouchers from us in the same way as any of our other products, however:
5.3.1 if you purchase a gift voucher online from wildfungarium.com it will be issued in the form of a digital code; and if you purchase a gift voucher in store you will receive the code and a physical gift voucher;
5.3.2 gift vouchers are valid for 24 months from the date of purchase;
5.3.3 gift vouchers purchased from our website or in store may only be redeemed on our website or in our physical store;
5.3.4 gift vouchers cannot be exchanged for cash, resold or transferred and you cannot purchase a gift voucher using another gift voucher as payment. No cash change or credit will be given on purchases made using a gift voucher;
5.3.5 we accept no responsibility for lost, stolen, destroyed or damaged gift vouchers, or if any gift voucher is used without your permission; and we are unable to replace gift vouchers if lost, stolen, destroyed or damaged; and
5.3.6 to check your gift voucher balance, please ask in store or contact us by email at hello@wildfungarium.com.
6. Your Rights to End the Contract
6.1 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, as set out below. We’re under a legal duty to supply products that are in conformity of the contract and nothing in these terms will affect your legal rights.
6.2 If what you have bought is faulty or differs substantially from how it is described on our website you may have the legal right to end the contract (or to get the product replaced or to be given a refund). In this case, the refund will be free in the United Kingdom provided you return the product to us within 14 days (unless stated otherwise on our website) from the date you receive it. Before you return a product to us, you must contact us to arrange a return and provide evidence supporting that the item is damaged or differs substantially from how it is described on our website.
6.3 If you want to end the contract because of one of the reasons set out below, the contract will end immediately, we will refund you in full for any products which you have paid for but which have not been supplied to you. The reasons are:
6.3.1 we have told you about any upcoming change to the product or these terms which you do not agree to;
6.3.2 we have told you about an error in the price or description of the product you have ordered, and you do not wish to proceed;
6.3.3 we have told you that supply of the products may be significantly delayed because of events outside our control;
6.3.4 we have suspended supply of products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than four weeks; or
6.3.5 you have a legal right to end the contract because of something we have done wrong.
6.4 If you have changed your mind about a product. You have 14 days from the day you (or someone you nominate) receives the products to change your mind. You must contact our team to arrange a return before retuning any products to us. If your products are split into several deliveries over different days, you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind. In either case, you will be liable to pay the cost of the return postage as set out in our Returns Policy or you can return the products directly to our physical store (but you’ll need to bring the original order number and receipt with you to do this). Please note that some products can’t be returned, such as:
6.4.1 Foods and drink products (e.g. teas, chocolates) due to food health, safety and hygiene standards;
6.4.2 any products that have been sealed (e.g. seed packets, board games) that have been unsealed after you receive them or are not in their original packaging or have had any tags removed;
6.4.3 goods that are custom-made or have been personalised e.g. greetings cards with personalised messages;
6.4.4 any product which has been damaged, worn, used in any way or has had the care label cut and/or removed;
6.4.5 any product which is missing any component part(s) when returned by you (unless this is because the item is faulty); or
6.4.5 any products that become mixed inseparably with other items after their delivery.
6.5 In all other case (if we are not at fault and there is no right to change your mind). Even if we are not at fault and you do not have the right to change your mind, you can still end the contract before the products have been dispatched for delivery and paid for - just contact us to let us know.
7. Returns and Refunds
7.1 Tell us you want to end the contract. To end the contract with us, ask us any questions or in the unlikely event that you have any complaints about a product, please let us know by contacting our team by email at hello@wildfungarium.com. Please provide your name, order number and email address so we can help you as quickly and easily as possible.
7.2 Returning products after ending the contract. If you end the contract for any reason after products have been sent to you or you have received them, you must return them to us. The process for returning products to us is set out in our Returns Policy. If you return a product purchased through our website to our physical store, you’ll need to bring your original order number and receipt with you. Unless stated otherwise on our website, please make sure that the products are returned to us within 14 days.
7.3 How and when we will refund you. We will refund you the price you paid for the products (including delivery costs where applicable) by the method you used for payment. For purchased made by part-card and part-gift card, the refund will be applied to the gift card first. If you used a discount code to buy the product, the amount refunded will be reduced to take into account the benefit of any discount which you received when buying the product. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind, your refund will be made within 14 days from the date we receive the unused product by you.
8. Our Right to End the Contract
8.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
8.1.1 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, the address for delivery; or
8.1.2 you do not, within a reasonable time, allow us to deliver the products to you,
8.2 Refunds. If we end the contract in the situations set out in clause 8.1, we will refund any money you have paid to us for products we have not provided.
9. Availability of Goods in your Order
9.1 In some circumstances, we may place a limit on the number of copies or a particular book or product, or series of books or products, that you can order. This may be, for example, be where we have limited stocks of a particular book or product, whether caused by limitations placed on us by our suppliers, where a book os signed by an author or otherwise.
9.2 Where we are aware of this, we will notify you prior to your order being made. Whether or not we have notified you before you have placed an order, if Wild Fungarium has insufficient stock to deliver some or all of the goods ordered by you, or where you have ordered or sought to order (whether in one transaction or multiple transactions, and whether from one or more customer accounts) goods in excess of any quantity limits we have imposed, we will notify you as soon as possible of which parts of your order we will accept and which we will reject.
9.3 Sums debited (if any) by Wild Fungarium from your debit or credit card, or from any other source of payment in respect of goods we are unable or unwilling to supply to you will be re-credited to the payment method used when purchasing the goods and Wild Fungarium will notify you by email at the address given by you in your order form which orders have been satisfied and which have been rejected. Any refund will be made as soon as possible and in any eve t within 30 days of your order. Wild Fungarium will not be obliged to offer any additional compensation for disappointment suffered.
10. Delivery of Goods to You
10.1 Wild Fungarium will post, or arrange a courier on your behalf, for the goods ordered by you to the person and address you give Wild Fungarium at the time you make your order. For goods delivered outside of the UK, the consignee (I.e the person to whom the consignment is sent) will be the declarant and importer into the country for which the consignment is destined. The consignee will be responsible for both customs duties and local taxes where required.
10.2 Delivery will be made as soon as possible after your order is accepted and in any event within 30 days of dispatch of the order. All delivery times quoted on the website are estimates only, based on availability, normal processing and delivery companies.
10.3 You will become the owner of the goods you have ordered when the goods are dispatched to you from our shop.
11. Customs Charges
If you are ordering goods for delivery outside of the UK, please note that your consignment may be subject to VAT (Value Added Tax), other taxes, customs duties and/or fees levied by the destination country. Any such charges levied in relation to customs clearance must be borne by you. It is accepted by you that Wild Fungarium has no control over additional charges in relation to customs clearance. Wild Fungarium recommends that you check with your local customs officials or post office for more information regarding importation taxes/duties that may be applicable to your online order.
12. Liability
12.1 This is as follows:
12.1.1 If the goods Wild Fungarium delivers are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, Wild Fungarium shall have no liability to you unless you notify Wild Fungarium of the problem, in writing by email to hello@wildfungarium.com within 14 days of the delivery of goods in question.
12.1.2 If you do not receive goods ordered by you within 30 days of the date on which they were dispatched to you, Wild Fungarium shall have no liability to you unless you notify Wild Fungarium in writing by email at hello@wildfungarium.com of the problem within 40 days of the date in which the goods were dispatched to you.
12.1.3 If you notify a problem to Wild Fungarium under this condition, Wild Fungarium’s only obligation will be, at its option, to make good any shortage or non-delivery; to replace or repair any goods that are damaged or defective; or to refund to you the amount paid by you for the goods in question to the original method of payment, unless such method is no longer valid in which case Wild Fungarium gift vouchers will be issued to the value of the refund due.
12.1.4 Wild Fungarium will not be liable to you for any indirect or consequential loss or damage arising out of any problem you notify to Wild Fungarium under this condition and Wild Fungarium shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 12.1.3 above.
12.1.5 Nothing in this condition is, however, intended to limit any rights you might have as a consumer under applicable local law that may not be excluded nor in want way to exclude or limit Wild Fungarium’s liability to you for any death or personal injury resulting from its negligence.
12.2 Nothing in this contract creates any right which is enforceable by any person who is not a party to the contract.
13. Force Majeure
Wild Fungarium shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond its reasonable control.
14. Invalidity
If any part of these conditions is unenforceable (including any provision in which Wild Fungarium excludes its liability to you) the enforceability of any other part of these conditions will not be affected.
15. Complaints
Wild Fungarium operates a complaints handling procedure which is used to try to resolve disputes when they first arise. If you have a complaint, please contact owners, Katrina or James at the following address:
Katrina & James, Wild Fungarium, 13 Randolph Place, Edinburgh, EH3 7TA or via email at hello@wildfungarium.com
16. Governing Law
The contract between us shall be governed by and interpreted in accordance with Scottish law, and the Scottish courts shall have jurisdiction to resolve any disputes between us.
17. Entire Agreement
These Terms and Conditions, together with the current Wild Fungarium website prices, delivery details and Wild Fungarium contact details, set out the whole of our agreement relating to the supply of the goods to you by Wild Fungarium. These Terms and Conditions cannot be varied except in writing signed by a director of Wild Fungarium. In particular nothing said by any sales person on behalf of Wild Fungarium should be understood as a variation of these Terms and Conditions or as an authorised representation about the nature or quality of any goods offered for sale by Wild Fungarium. Wild Fungarium shall have no liability for any such representation being untrue or misleading.
18. Disclaimer
18.1 The nature of Internet communications means that your communications may be susceptible to data corruption, interception and delays. Wild Fungarium shall not be responsible for any detrimental reliance you place on this website or its contents.
18.2 Wild Fungarium is providing this site and its contents (including any downloadable data or software) on an 'as is' basis and makes no representations or warranties of any kind with respect to this site or its contents and disclaims all such representations and warranties, whether express or implied, to the fullest extent permitted by applicable law. In addition, Wild Fungarium makes no representations or warranties about the accuracy, completeness or suitability for any particular purpose of the information and related graphics published in this site or that any software or the server that makes it available are free of viruses or other harmful components.
18.3 The information contained in this site may contain technical inaccuracies or typographical errors. All liability of Wild Fungarium howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by applicable law.
18.4 Neither Wild Fungarium nor any of its Directors, employees or other representatives will be liable for damages arising out of or in connection with the use of this site in any way. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
19. Hyperlinks
Our website may contain hyperlinks which are intended to improve your experience with us. These hyperlinks connect you to sites of other organisations which are not our responsibility. We have used our reasonable endeavours in preparing our own website and the information included in it is done so in good faith. However, we have no control over any of the information you can access via other websites. Therefore, no mention of any organisation, company or individual to which our website is linked shall imply any approval or warranty as to the standing and capability of any such organisations, company or individual on the part of Wild Fungarium.
20. Copyright Notice
All design, text, graphics and the selection or arrangement thereof are the copyright of Wild Fungarium, or of other copyright owners. Permission is granted to electronically copy and print in hard copy portions of this site for the sole purpose of placing an order with Wild Fungarium, or using this site as a shopping resource. Any other use of materials on this site (including reproduction for purposes other than those noted above and modification, distribution, or republication) without the prior written permission of Wild Fungarium is strictly prohibited.
21. Interpretation
In these Terms and Conditions:-
‘Wild Fungarium' means Fungarium Ltd of Fungarium Ltd, 29 Commercial Street, Dundee, DD1 3DG, any connected organisation that actually supplies goods ordered by you and any successor to its business;
'working day' means every day of a calendar year apart from weekends and statutory and public holidays;
'us' means Wild Fungarium and you together; and
'you' and 'your' means the person ordering goods under these Terms and Conditions.