Terms & Conditions

1 In General

You are dealing with Carbon Trap Ltd for the purpose of these terms and conditions referred to as “Carbon Trap” or simply "the company". Access to and use of this Web site and the products and search services available through this Web site (collectively, the "Services") are subject to the following terms, conditions, and notices (the "Terms of Service"). By using the Services, you are agreeing to all these terms, conditions, and notices, without modification. Furthermore, you acknowledge that the Terms of Service may be updated by us from time to time and are supplemented by other information throughout the web site. This Web site may also contain links to other Web sites, Web pages and services, which are not operated by Carbon Trap (the "Linked Sites"). Your use of such Linked Sites will be subject to the terms of service contained within each such site and the respective terms of service will control the use of the respective site. In any event your link through to such a site will be subject to these Terms of Service. You recognise that Carbon Trap has no control over such Linked Sites and information, and you accept that Carbon Trap provides no guarantee as to the accuracy or reliability of such sites or the information contained in them and you agree that we shall have no responsibility as to whether such links locate unintended or objectionable content or otherwise cause you distress, loss or damage.

2 Privacy policy

Under Carbontrap.org privacy policy we may disclose to third parties certain information contained in our Users' registration applications, but we will not disclose your name, address, email address or telephone number unless we have informed you, been authorised by you, or are required to do so by law, subject to the Data Protection Act 1998. Our privacy policy may be found at Privacy Policy.

You will not: commit or encourage a criminal offence; send or receive any material which is in any way offensive or obscene, or in breach of confidence, copyright, privacy or any other rights; act contrary to the acceptable use policies of any Linked Sites or community standards generally; transmit or distribute a virus; hack into any aspect of the Service; corrupt data; cause annoyance to other Users; infringe upon the rights of any other person's trademarks or other proprietary rights; send any unsolicited advertising or other promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through the Carbon Trap Web site.

All correspondence between Carbon Trap, its management, officers, employees, consultants, agents, and affiliates, from any and all third-party contacts is strictly private and confidential. You will not leave messages or publish any information regarding the above and any correspondence in any newspaper, magazine, television or radio broadcast, customer review website, blog or forum without first seeking prior written confirmation of accuracy and agreement on any such content from a director of Carbon Trap. Where any such dissemination of information occurs, legal action may be taken to rectify and correct any inaccuracies, and damages may be sought from the organisations used as the medium of publication and individuals concerned with any publication of such information, where in the opinion of Carbon Trap, the reputation or the business of Carbon Trap, its subsidiaries or sister companies is or may be adversely affected in any way.

3 Intellectual Property, Software and Content

The intellectual property rights in all software made available and content supplied to you remains the property of Carbon trap, its licensors, advertisers, or content suppliers. You will comply with the terms of any agreement required by the owner of intellectual property rights in all software and content supplied to you as notified to you and you hereby acknowledge that all software that is not made readily available to you is confidential, and that all other rights including but not limited to database rights and copyright are asserted and reserved by Carbon Trap, its licensors, advertisers or content suppliers. You may store, manipulate, analyse, reformat, print, and display the content supplied solely for your own personal use. In no event are you permitted to publish, distribute or otherwise reproduce in any format any of the content or copies of the content supplied to you or which appears on the Carbon Trap.org site and you are prohibited from using any such content in connection with any business or commercial enterprise including, without limitation, any media business or enterprise. You shall not modify, translate, reverse engineer, decompile, disassemble (except to the extent that applicable laws expressly or impliedly prohibit such restriction) or create derivative works based on any software or any documentation accompanying such software supplied Carbon Trap, its licensors, advertisers or content suppliers. Carbon Trap.org are trademarks belonging to Carbon Trap. No license or consent is granted to you to use these marks in any way, and Carbon Trap reserves all rights in these and any related marks. You agree not to use these marks or any marks which are colourably similar without the written permission of Carbon Trap. Images used online are for guidance only of the expected results from plants upon maturity. Different growing conditions may vary results considerably.

4 E-tail of Products and Services

By making a request/order you are offering to purchase a product which we will accept to sell to you on the following Terms and Conditions. All requests are subject to availability and confirmation of the order price by us. Dispatch times may vary according to availability and any guarantees warranties or representations made as to delivery times are limited to mainland UK and are on the basis that we are not responsible for any delay in delivery occurring due to postal delays or force majeure. Carbon Trap are absolutely entitled to refuse any request made by you. If your order is accepted, we will inform you by emailing you. We will also provide the identity of the party you have contracted with. This may be carbon Trap or in certain cases a third party. Where a contract is made with a third-party Carbon Trap is not acting as either agent or principal and the contract is made between yourself and that third party. When making a request you undertake that all details you provide to us requesting goods or services or bids made at auction are true and accurate, that you are an authorised user of the credit or debit card used to make your request or bid and that there are sufficient funds to cover the cost of the goods, services or bid. It is your responsibility to inform us of any changes to these details as soon as possible. Our returns policy. The cost of products and services may fluctuate. All prices advertised are subject to change without prior notice.

Product Availability

All items on our website are generally in stock for immediate delivery when you place your order unless you are reserving Miscanthus Rhizome in advance when it is out of season. Rhizome are living products and occasionally availability can be affected by adverse weather conditions and external factors beyond our control. In the event an item you have ordered is not available we will arrange a full refund.  Sizes and measurements of rhizome may vary, as living items there will always be some variation. 

Fair use Policy

In the case of special offers, discount products and promotions, Carbon Trap operates a 'fair use policy' and shall absolutely retain the right to accept, decline or vary orders placed for any products, if it is felt they go against the spirit of any offer made. For example, we reserve the right to cap the maximum quantity of a product any individual or household may order, and will reimburse orders in part or in full where we feel over-ordering that goes against the spirit of offers and this 'fair use' has occurred. This policy exists to ensure the maximum number of customers can benefit from these offers and ensure we will be able to continue offering the maximum value for money for our products to consumers throughout the UK.

Delivery of Subscriptions

All of our subscription certificates are delivered via email.  You will receive your subscription certificate usually within 24 hours to the email address provided in the checkout.

Delivery of non subscription products 

Carbon Trap delivers all year round to anywhere in mainland UK. It is important that you specify a delivery address and it is vital that the information is accurate. Subject to stock, all items should be received within 5 working days, but please allow up to 10 working days at certain times

Please remember that many items on the site are for ordering in advance, out of season, in which case, these will be delivered at the appropriate time for those items. We suggest you have the items sent to an address where there will be somebody to receive your order. If this is not possible please be precise about where you would like the goods left if a suitable location exists. Carbon Trap will not be liable under any circumstance should a delivery be delayed due to external influences beyond our control.

5 DISCLAIMERS OF WARRANTIES

THE SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT INCLUDED IN OR ACCESSIBLE FROM THIS WEB SITE AND THE LINKED SITES, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. TO THE FULLEST EXTENT PERMITTED BY LAW, Carbon Trap DISCLAIMS AND EXCLUDES ALL REPRESENTATIONS AND WARRANTIES (EXPRESS, IMPLIED AND STATUTORY, INCLUDING BUT WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE SERVICES AND ALL INFORMATION, PRODUCTS AND CONTENT INCLUDED IN AND ACCESSIBLE FROM THIS WEB SITE OR THE LINKED SITES.

6 DISCLAIMERS OF LIABILITY

UNLESS EXPRESSLY STATED TO THE CONTRARY TO THE FULLEST EXTENT PERMITTED BY LAW Carbon Trap, ITS CONTENT PROVIDERS, ADVERTISERS OR LINKED SITES SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT WITHOUT LIMITATION TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES, DAMAGE TO GOODWILL OR REPUTATION, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, PERFORMANCE OR FAILURES OF THIS WEB SITE OR THE LINKED SITES, EVEN IF Carbon Trap HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IRRESPECTIVE OF WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT, EQUITY, RESTITUTION, BY STATUTE, AT COMMON LAW OR OTHERWISE. YOU HAVE READ THIS DISCLAIMER AND AGREE TO IT ON THE BASIS THAT YOU AGREE IT IS REASONABLE.

7 DISCLAIMERS AS TO OWNERSHIP OF TRADEMARKS (®, - etc)

Except where expressly stated to the contrary all persons, products, services, and locations featuring on the Carbon Trap web site are in no way connected, associated, linked, or affiliated to Carbon Trap. furthermore, unless it is expressly stated on the Carbon Trap web site that a certain product, service or location is connected, associated, linked or affiliated to the makers, right owners or breeders (the "makers") of a product or breeders of a plant you should not make such an assumption, or rely in any way on the existence of such a connection, association or affiliation, by implication or otherwise. any trademarks/names as may be featured on the Carbon Trap web site are owned by the respective trademark owners and carbon trap claims no connection, association, or affiliation with them. where a trade mark (brand name) is referred to it is used to describe or identify the products, services or locations (the "goods") or else it is used to identify the maker of a product or breeders of a plant.

8 Indemnity

You agree to indemnify, defend and hold harmless Carbon Trap, its management, 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 use of the Carbon Trap services, your breach of the Terms of Service, 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.

9 Variation of content

Carbon Trap shall have the right in its absolute discretion at any time and without notice to amend, remove or vary any of the content supplied in connection with the Service or which appears on any page of the Carbon Trap Web site.

10 Submissions

All information and material submitted by you to Carbon Trap or that you publish on any public area of the Carbon Trap Web site shall be provided by the submitter and accepted by Carbon Trap on a non-confidential basis subject to paragraph 2 above. Furthermore, Carbon Trap shall be granted a perpetual royalty-free non-exclusive license in the copyright of any material submitted and Carbon Trap shall be free to use, edit, copy, republish and distribute (for any purpose) and authorise others to do the same, any such information or material and any ideas contained in such information or material.

11 Termination

Carbon Trap may at any time terminate or suspend any part of the Service without notice to you.

13 Invalidity

If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

14 Governing law & Legal information

These terms and conditions shall be construed in accordance with English law and the courts of England OR the jurisdiction in which you are resident or domiciled (at Carbon Traps’ election) shall have jurisdiction to resolve any disputes between you and Carbon Trap, without regard to any choice of law provisions or private international law. You hereby consent to the exclusive jurisdiction and venue of the UK, for any and all disputes relating to the Terms of Service, use of this Web site or any Linked site in the event that Carbon Trap have elected England as the jurisdiction. The legal entity of the company is Carbon Trap ltd Privacy Policy

Your Privacy

Carbon Trap and its associated companies are totally committed to protecting the privacy of our site visitors, suppliers, and customers with how we use personal information collected on our website.

We never pass on your details to any other third-parties separate to who we directly use for processing your order(s) and sending you information (which you have opted-in to receive). This also includes sending you newsletters for the mailing list(s) you have opted-in to.

All third-party solutions that we use are trusted, fully industry standard secure, safe, and compliant.

This policy may change from time to time, so please check this page as required to check for changes. By using the Carbon Trap website, you are agreeing to this policy.

How & what we collect & share your information?

Your personal data is collected via the following methods:

        Website Checkout - Contact details provided by you directly (name, address, telephone number, email address) when purchasing from our website. Your IP address is also collected at this time. We use these details only for the processing of your order and contacting you with information regarding your order. The only details contained within our website are your contact details. All encrypted financial details are entered directly into our payment provider ‘Stripe’ secure system directly using iframe technology.

        Website Checkout – You can opt-in at our checkout to join our main mailing list. Our mailing list facility is provided by MailChimp (www.mailchimp.com). Your email address, demographic details, and order details are sent to MailChimp.

        Website Checkout & on each page of the site – Main mailing list sign-up. The mailing list facility is provided by MailChimp (www.mailchimp.com). Your name and email address are sent through if you are not logged into your Carbon Trap account. If you are logged into your Carbon Trap account and you have not signed up for the main mailing list already then, your demographic details, and order details are also sent to MailChimp.

        Website when you abandon your shopping cart – If for whatever reason you do not proceed with checking out, and you are a logged in Carbon Trap account holder then the system will send out a one off prompter email to you asking if you still want to check out. It is only your email address and name which is collected for this process.

        Processing of Orders – Your order details are passed through securely to Parcel Force and other delivery services using correct protocol in line with GDPR requirements.

        Website in general – Cookies – this is a small information file that is sent to your computer and is stored on your hard drive. If you continue to browse through our website, then your computer or device will store various identifying cookies to enhance your experience interacting with our website. You can change the settings on your browser to prevent cookies being stored on your computer without your explicit consent. By continuing to browse our website, you are consenting to our use of these cookies. it is only your IP address which this process uses.

        Website in general – Google Analytics – ‘Google Analytics’ analytics.google.com/analytics/web collect non-specific demographics data based on your IP address. This helps us to understand what works and does’t work within out website.

        Website in general – Demographics Data – We collect additional to Google Analytics data which is then used to present targeted online advertising. These solutions are supplied at times by third parties such as Facebook, Instagram & Twitter

How is your information used?

Your information can be used as follows:

        To process any order(s) that you have placed with us.

        To communicate any pertinent information regarding order(s) that you have placed with us.

        To send you any informational product alerts (e.g. ‘out of stock’ products or abandoned shopping cart).

        Send you information relating to new products or special deal products using email newsletters which may be of interest to you.

        Notify you of any service changes.

Communication & Marketing

The newsletters which you receive (if you’ve opted-in) can be opted-out of receiving at any time. This is done by clicking the ‘unsubscribe’ link at the bottom of any newsletter received.  Please note this will permanently remove your email address and it cannot be re-added again. 

Accessing, updating and your right to be forgotten

You can access the personal information which we hold for you at any time by logging into your Carbon Trap account. Where you can edit the information held by us.

Please note we are legally obliged to retain details of our financial transactions with each individual customer for a period of 6 years. Under these terms, even if you ask us to remove your data under 'the right to be forgotten' then we will only be able to block your access to your account and remove your email address from our marketing database.

This is because we may be requested by a government organisation to provide a record of financial transactions and the individuals concerned with these over a specific period.

If you wish us to remove your information under 'the right to be forgotten' then please contact us by sending an email to hello@carbontrap.org

Checking your details

If you wish to verify the details you have submitted to Carbon Trap you may do so by contacting us via the e-mail address at hello@carbontrap.org. Our security procedures mean that we may request proof of identity before we reveal information. We would strongly recommend that you do not use the browser's password memory function as that would permit other people using your terminal to access your personal information.

Contacting us

We are an internet only based company and are contactable by email at hello@carbontrap.org

Our registered office is located at: Floor 2, TriGate House, 210-222 Hagley Road West, Birmingham, B68 0NP.  Registered company number: 12395176.  Please note, this address is not open for visits by any third party without prior appointment. Please email us at hello@carbontrap.org

15 Entire agreement

The above Terms of Service constitute the entire agreement of the parties in conjunction with other stated policies and FAQ's published by Carbon Trap and supersede any and all preceding and contemporaneous agreements between you and Carbon trap. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a director of Carbon Trap.