1.1 This disclaimer shall govern your use of our website.
1.2 By using our website, you accept this disclaimer in full; accordingly, if you disagree with this disclaimer or any part of this disclaimer, you must not use our website.
2.1 This document is an SEQ legal document from website contracts (www.website-contracts.co.uk).
3. Copyright notice
3.1 Copyright (c) 2018 Blackbrooks Garden Centre Ltd.
3.2 Subject to the express provisions of this disclaimer:
a. we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
b. all the copyright and other intellectual property rights in our website and the material on our website are reserved.
4. Licence to use website
4.1 You may:
a. view pages from our website in a web browser;
b. download pages from our website for caching in a web browser; and
c. print pages from our website, subject to the other provisions of this disclaimer.
4.2 Except as expressly permitted by section 4.1 or the other provisions of this disclaimer, you must not download any material from our website or save any such material to your computer.
4.3 Unless you own or control the relevant rights in the material, you must not:
a. republish material from our website (including republication on another website);
b. sell, rent or sub-license material from our website;
c. show any material from our website in public;
d. exploit material from our website for a commercial purpose; or
e. redistribute material from our website.
4.5 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
5. Acceptable use
5.1 You must not:
a. use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
b. use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
c. use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
d. conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
e. access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing; or
g. use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
5.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.
5.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
6. Limited warranties
6.1 We do not warrant or represent:
a. the completeness or accuracy of the information published on our website;
b. that the material on the website is up to date; or
c. that the website or any service on the website will remain available.
6.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in this disclaimer, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
6.3 To the maximum extent permitted by applicable law and subject to section 7.1, we exclude all representations and warranties relating to the subject matter of this disclaimer, our website and the use of our website.
7. Limitations and exclusions of liability
7.1 Nothing in this disclaimer will:
a. limit or exclude any liability for death or personal injury resulting from negligence;
b. limit or exclude any liability for fraud or fraudulent misrepresentation;
c. limit any liabilities in any way that is not permitted under applicable law; or
d. exclude any liabilities that may not be excluded under applicable law.
7.2 The limitations and exclusions of liability set out in this Section 7 and elsewhere in this disclaimer:
a. are subject to section 7.1; and
b. govern all liabilities arising under this disclaimer or relating to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this disclaimer.
7.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
7.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
7.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
7.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.
7.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
7.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or this disclaimer (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
8.1 We may revise this disclaimer from time to time.
8.2 The revised disclaimer shall apply to the use of our website from the time of publication of the revised disclaimer on the website.
9.1 If a provision of this disclaimer is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
9.2 If any unlawful and/or unenforceable provision of this disclaimer would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
10. Law and jurisdiction
10.1 This disclaimer shall be governed by and construed in accordance with English law.
10.2 Any disputes relating to this disclaimer shall be subject to the non-exclusive jurisdiction of the courts of England.
11. Our details
11.1. This website is owned and operated by Blackbrooks Garden Centre Ltd.
11.2. We are registered in England and Wales under registration number 07894087, and our registered office is at 0 Eversley Road, Bexhill on Sea, East Sussex TN40 1HE
11.3. Our principal place of business is at Blackbrooks Garden Centre LTD, 0 Eversley Road, Bexhill on Sea, East Sussex TN40 1HE
11.4. You can contact us:
a. by post, using the postal address;
b. using our website contact form;
c. by telephone, on 01424 870710; or
d. by email, using email@example.com
12.1 We have the right to refuse to accept any orders placed for goods.
12.2 When you place an order with us, you are offering to buy the item(s) in your basket at the price stated. Please note that your order will NOT be accepted at this stage. Only when we confirm our acceptance of your order in writing will a contract exist between us. If we do not accept your order we will notify you via email.
12.3 Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose.
12.4 Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your own specific requirements.
13.1 Dates and times for delivery are estimates only and are not guaranteed. They are also subject to any matter beyond our reasonable control. Details of delivery are set out on the Website against each individual item.
13.2 Different areas within the UK may or may not have different pricing and arrival times or are exempt from delivery.
13.3 We reserve the right to change the price for delivered goods after you request an order & you have the right to cancel the order at this point
14.1 Where applicable, you may cancel your order in accordance with your rights under the Distance Selling Regulations.
14.2 You have the right to cancel the contract for the purchase of goods within seven working days of delivery of the goods to you.
14.3 The ability to cancel orders does not apply to goods which have been worn, washed and/or otherwise used.
14.4 To cancel your order you can email us at firstname.lastname@example.org with your instructions, entering the words ‘Order cancel’ in the subject title quoting your order number. You must return the goods to us in their original packaging, quoting the order number. We advise that you return any goods using a signed for postal service in order to ensure a safe return.
14.5 We will only refund the purchase price if we have received payment of the price, when we have received the Goods from you in an undamaged state. Returns will be at your cost.
15. Price and payment
15.1 The price you pay is the price displayed in respect of the relevant goods on this website at the time we receive your order plus the applicable delivery charges.
15.2 Delivery charges and prices are subject to change.
15.3 All prices are inclusive of VAT (where applicable) at the current rate.
15.4 While we try and ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of the goods you have ordered we will inform you as soon as possible and give you the option of either reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel an order due to an error in price and we have already received payment for the affected goods, you will receive a full refund.
15.5 Payment is due at the time you place your order. We use a third party, Sagepay, to take your payment for the goods by either debit or credit card. By ordering goods from our website you are giving us your consent to pass details essential for purchasing goods to Datacash. We will not store these payment details.
16.1 If you discover the goods are faulty, you must notify us of the defect within seven days of the date of delivery.
16.2 We may inspect the goods by asking you to send the goods to us as soon as possible.
16.3 If we agree with you that the goods are faulty, and that the fault was not caused by your neglect or misuse of the goods, we will, at your choice replace, refund or repair (if possible under warranty ) the faulty goods at no cost to you. We will refund any reasonable costs you prove that you have incurred in returning the faulty goods to us. We recommend that you keep postal receipts for this purpose.
16.4 If we send you incorrect goods, you must notify us as soon as you discover the mistake and within a 7 days.
16.5 We will either:
16.5.1 arrange for a carrier to collect the goods from you.or
16.5.2 ask you to return the goods to us by post.
16.6 We will then:
16.6.1 send you the correct items as soon as possible after receipt of the returned goods; or
16.6.2 refund the price of the goods and delivery
By joining the Blackbrooks Garden Centre Reward Card scheme, you agree to receive the postal updates from us about the Reward Card, Blackbrooks Garden Centre and your benefits. To opt out of receiving such updates you can terminate your membership by email@example.com.
a. The loyalty card scheme hereafter known as ‘the scheme’ rewards members with points redeemable as vouchers when they make qualifying purchases at Blackbrooks Garden Centre.
b. These terms and conditions hereafter know as ‘the conditions’ set out the terms on which you can join the scheme, earn points and convert these points into reward vouchers to spend at Blackbrooks Garden Centre. These are also the terms relating to data protection.
c. If you join the scheme or use a reward card, you automatically accept these conditions.
2. Joining the Scheme and using your card
a. Your name, full postal address, email address, date of birth and signature must be provided for a card to be registered. Applicants must be aged 16 or over and must have a resident UK, Channel Island or Isle of Man address. The scheme reserves the right to refuse an application at its sole discretion.
b. Your card is issued by, and remains the property of, the scheme. It must be returned to the scheme on request or destroyed when no longer valid for use.
c. If you do not register your card you will not become a member or be able to redeem your points nor will you be eligible for other scheme offers and promotions from time to time.
d. If the scheme reasonably believes that you have breached these conditions and/or abused the scheme, cards may be terminated without prior notice. The scheme reserves the right to take any action deemed necessary where a card is found to have been used in a way that abuses the scheme.
e. The scheme also reserves the right to: (a) stop issuing cards at any time; (b) on notice to you, alter or amend these conditions of operation of the card and/or scheme; and (c) on notice to you, amend, withdraw or cancel the cards and/or the points (including the value, redemption and issue of such) and/or terminate the scheme. In particular, we may close your account if sufficient points have not been earned to qualify for the issuance of vouchers for 12 months or if the card has not been used for a period of 12 months or more.
f. You may terminate your card at any time in which case all points on the card and vouchers issued shall be lost.
g. You are responsible for the security of your card and all vouchers issued on that card. If you believe an unauthorised person has compromised the security of the card by, for example, its theft or the theft of personal information relating to it you should notify Blackbrooks Garden Centre immediately. Lost, damaged or stolen cards can be replaced by visiting Blackbrooks Garden Centre. A card and vouchers issued should be treated like cash. The scheme is not responsible for any unauthorised use of the card or any lost or stolen vouchers.
h. Any card issued is personal to the person whose personal details were submitted with their registration. A card and any points on it are non-transferable, and can only be used by the registered cardholder.
i. Only one membership per household. We reserve the right to refuse, merge or close additional accounts at any time.
j. Please keep us informed of any changes of address or email address. To update your details, please email firstname.lastname@example.org or call 01424 870710
3. Points and reward vouchers
a. To collect points at Blackbrooks Garden Centre, you must present your card at the till at the time of purchase or within 30 days of the date of purchase. In the case of the latter, proof of purchase, using a validated till receipt, will be required for the points to be credited to the card. You cannot claim points on purchases made before you joined the scheme.
b. Points will be awarded on all merchandise sold in Blackbrooks Garden Centre, with the exception of gift tokens, bottled gas and other products from time to time as notified. Gardens Reward Card Vouchers cannot be redeemed against restaurant purchases and against any promotional vouchers running at any one time.
c. Product discounts related to, and offered as part of the scheme are not valid for redemption against the excepted merchandise noted in section 3b.
d. You will receive points on qualifying transactions in centre and online. Points are awarded at a rate of 1 point for every £1.00 spent. These rates can be altered at the scheme’s discretion on reasonable notice. The scheme reserves the right to give such notice via post, email or our website. The scheme may also display notices detailing any variation to the points earning ratio in-store. The number of points issued may vary between qualifying purchases.
e. The scheme reserves the right to offer bonus points on certain products as selected by Blackbrooks Garden Centre from time to time in its sole discretion.
f. The scheme reserves the right to terminate any points offers, including but not limited to such points offers referred to in sections 3e above, at its sole discretion. The scheme will give cardholders as much notice as it reasonably can of any decision to terminate or vary any points offers. The scheme reserves the right to give such notice via post, email or our website. The scheme may also display notices detailing any termination or variation to any points offers in-store.
g. Each point has a redemption value of 1p against qualifying merchandise, and will count towards your mailing voucher. The scheme reserves the right to vary the rates at any time on reasonable notice. The scheme reserves the right to give such notice via post, email or our website. The scheme may also display notices detailing any variation to the points redemption value in-store. All points awarded and all mailing vouchers issued have no monetary value.
h. Several times a year the scheme will arrange, either via its own systems or via its outsourced service providers, for you to be sent, either via email or post, the chosen means to be at the scheme’s sole discretion, your printed vouchers corresponding to the number of points in your account at the time of the mailing extract. The mailing will only contain vouchers if you have a qualifying points balance of £1.00. The scheme shall not be responsible for vouchers lost in the post or bounced via email.
i. The scheme is entitled to vary the qualifying points balance and the number of mailings a year, from time to time at its sole discretion. The scheme will give cardholders as much notice as it reasonably can of any variation to the qualifying points balance and/or the number of mailings a year. The scheme reserves the right to give such notice via post, email or our website. The scheme may also display notices detailing any variation to the qualifying points balance and/or the number of mailings a year, in-store.
j. When points are redeemed for vouchers carrying a specific cash discount or benefit, the voucher will have an expiry date specified on it and will be subject to any other terms and conditions stated on the voucher or otherwise publicised. Any unallocated points remaining will be carried forward. Points expire after 2 years from issue and are lost if the relevant card account is closed or the scheme ends, noted in section 2e.
k. If the scheme reasonably suspects abuse, fraud or misconduct in respect of use of the card, it may refuse to issue and/or cancel points or vouchers. You may not rely on any human or software error which results in the award of points or vouchers to which you are not entitled under these conditions.
l. Vouchers are personal to you, non-transferable and cannot be exchanged for cash. They can only be used when presented with the registered card. Vouchers that the scheme deems to be damaged, defaced or photocopied will not be accepted.
4. General Terms
a. The scheme may vary these conditions and will give cardholders as much notice as it reasonably can. The scheme reserves the right to give such notice via post, email or our website. The scheme may also display notices detailing any variations to these conditions in-store. Earning further points or using vouchers following such variation shall constitute acceptance of the changes the scheme makes.
b. Cardholders should check our website and specifically these conditions frequently in order to ensure they are aware of any changes that the scheme has made to these conditions.
c. If the scheme decides to transfer the scheme to another legal entity, it may transfer all of its rights and obligations under these conditions without your consent and may disclose information about you to any potential or new owner.
d. The scheme will not be liable to cardholders for losses suffered by cardholders. This limit on liability does not exclude or limit the scheme’s liability for death or personal injury caused to a cardholder as a result of the scheme’s negligence. These conditions prevail if they conflict with any other material issued by the scheme to cardholders in connection with the operation of the scheme.
e. The scheme and cardholders rights and obligations under these conditions and any dispute in relation to them shall be governed by English law and heard to the exclusion of all other forums in the English courts. The scheme’s obligations to cardholders in respect of the scheme are contained in these conditions and nowhere else.
5. Data Protection
b. What personal information we collect about you
a. information that you provide when completing your Reward Card application on our website or in-store (including your name, date of birth, relationship status, interests and hobbies, postal address, email and phone number);
b. information relating to your membership
c. information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters including your name and email address (you can unsubscribe from our marketing communications at any time by clicking on the link at the bottom of our emails);
d. When you use Reward Card to shop with us, or use Reward Card vouchers or coupons, we may collect transaction information, including the in-store and online purchases you earn Reward Card points for and how you use your Reward Card coupons and vouchers within Blackbrooks Garden Centre, and
e. Any other personal information that you choose to send to us
c. How we will use your personal information
a. By joining up to the scheme and providing your personal data listed above, you agree to your name, date of birth, postal address, email address and other personal data you supply (‘personal data’) being used by Blackbrooks Garden Centre for the following purposes:
b. To organise and administer the scheme, your application and your account;
c. with your agreement, to send you information regarding your Reward Card (if you have subscribed to our Reward Card), including your statement, vouchers and coupons, details of events and any other information that we believe will be of interest to you (you can cancel your Reward Card membership at any time by contacting email@example.com);
d. To send you non-marketing commercial communications;
e. To send you goods purchased through our website, in-store or by phone;
f. To send you email notifications that you have specifically requested;
g. With your agreement, send you birthday vouchers by post or email (you can unsubscribe to these at any time by emailing firstname.lastname@example.org or by clicking unsubscribe on the email);
h. With your agreement, send you marketing communications by post or email (you can unsubscribe to these at any time by clicking unsubscribe on the email);
i. To deal with enquiries and complaints made by or about you relating to our website, reward card scheme or business;
j. We will not, without your express consent, supply your personal information to any third party for the purpose of their or any other third party’s direct marketing.
d. Retaining Personal Information
We will hold your personal data on our systems for as long as is necessary to administer your membership with the scheme. If you cancel your registration as a member we will mark your record on our database and retain your details for administration purposes prior to deletion before the end of any period required by law.
e. Security of Personal Information
Your personal data shall be held and stored on secure and encrypted computers. The scheme confirms that it has in place adequate safety and security measures to keep your personal information safe and secure in accordance with its obligations under the law.
f. Access to Personal Data and Correction
You have the right to request a copy of the personal information that we hold about you; provision of such information will be subject to the supply of appropriate evidence of your identity (for this purpose, we will usually accept a photocopy of your passport certified by a solicitor or bank plus an original copy of a utility bill showing your current address).
We want to make sure that your personal information is accurate and up to date. You may ask us to correct or remove information you think is inaccurate. Please contact email@example.com.
6. Data Protection Registration
a. We are registered as a data controller with the UK Information Commissioner’s Office.
b. Our data protection registration number is A8323760
7. How to Contact Us
a. This website is owned and operated by Blackbrooks Garden Centre LTD.
b. We are registered in England and Wales under registration number 07894087, and our registered office is at 0 Eversley Road, Bexhill on Sea, East Sussex TN40 1HE
c. Our principal place of business is at Blackbrooks Garden Centre LTD, 0 Eversley Road, Bexhill on Sea, East Sussex TN40 1HE
d. You can contact us: