In these terms and conditions, “we” and “us” means Pippa Greenwood.
2. Who We Are
Here are the details that the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regards to the processing of personal data and on the free movement of such data, known as General Data Protection Regulation (GDPR) says we have to give you as a ‘data controller’:
- Our site address is www.pippagreenwood.com
- Our company name is Pippa Greenwood
- Our registered address is 99 Weyhill, Haslemere, Surrey, GU27 1HT
- Our Data Protection Officer is Pippa Greenwood and they can be contacted at firstname.lastname@example.org
3. What we may collect
We may collect and process the following data about you:
- Information you put into forms or surveys on our site at any time
- A record of any correspondence between us
- Details of transactions you carry out through our site
- Details of your visits to our site and the resources you use
- Information about your computer (e.g. your IP address, browser, operating system, etc.) for system administration and to report aggregate information to our advertisers
Under GDPR we will ensure that your personal data is processed lawfully, fairly, and transparently, without adversely affecting your rights. We will only process your personal data if at least one of the following basis applies:
a) you have given consent to the processing of your personal data for one or more specific purposes;
b) processing is necessary for the performance of a contract to which you are a party or in order to take steps at the request of you prior to entering into a contract;
c) processing is necessary for compliance with a legal obligation to which we are subject;
d) processing is necessary to protect the vital interests of you or of another natural person;
e) processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller; and/or
f) processing is necessary for the purposes of the legitimate interests pursued by us or by a third party such as our credit card payment processing, except where such interests are overridden by the fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.
Please note: Where you opt to register on the appropriate section of the website to seek advice, order plants and seeds or to purchase a voucher for gifts you shall be issued with a unique passcode. Use of the passcode is set out in section 24, clause 24.2. Please keep the passcode secret, as you are entirely responsible if you do not maintain the confidentiality of it. You are entirely responsible for all orders placed with us or information given to us under your e-mail address in combination with your passcode. You must immediately notify us of any unauthorised use of your e-mail address and/or passcode or any breach of security known to you.
A few of the cookies we use last only for the duration of your web session and expire when you close your browser. Other cookies are used to remember you when you return to the site and will last for longer.
All cookies used on our site are set by us.
Most computer and some mobile web browsers automatically accept cookies but, if you prefer, you can change your browser to prevent that or to notify you each time a cookie is set. You can prevent the setting of cookies by adjusting the settings on your browser. By using your browser controls, you are always in control of the cookies we store and access on your computer. More information on how to control cookies and limit personal data processing can be found at: www.youronlinechoices.com/uk/five-top-tips.
Please note, however, that by blocking or deleting cookies you may not be able to take full advantage of the site.
Our cookies will be used for:
Essential session management
- creating a specific log-in session for a user of the site in order that the site remembers that a user is logged in and that their page requests are delivered in an effective, secure and consistent manner;
- recognising when a user of the site has visited before allowing us to identify the number of unique users we receive to the site and make sure we have enough capacity for the number of users that we get;
- recognising if a visitor to the site is registered with us in any way;
- we may also log information from your computer including the existence of cookies, your IP address and information about your browser program in order to allow us to diagnose problems, administer and track your usage of our site.
- customising elements of the promotional layout and/or content of the pages of the site.
Performance and measurement
- collecting statistical information about how our users use the site so that we can improve the site and learn which parts are most popular to users.
5. How we use what we collect
We use information about you to:
- Present site content effectively to you.
- Provide information, products, and services that you request, or (with your consent) which we think may interest you.
- Carry out our contracts with you.
- Allow you to use our interactive services if you want to.
- Tell you our charges.
- Tell you about other services that might interest you. We will also let other people do this, and we (or they) may contact you.
If you are already our customer, we will only contact you electronically about things similar to what was previously sold to you.
If you are a new customer, you will only be contacted if you agree to it.
Please note: We don’t identify individuals to our advertisers, but we do give them aggregate information to help them reach their target audience, and we may use information we have collected to display advertisements to that audience.
In addition, if you don’t want us to use your personal data for any of the other reasons set out in this section in 5, you can let us know at any time by contacting us at email@example.com and we will delete your data from our systems. However, you acknowledge this will limit our ability to provide the best possible services to you.
In some cases, the collection of personal data may be a statutory or contractual requirement, and we will be limited in the services we can provide you if you don’t provide your personal data in these cases.
6. Where we store your data
We may transfer your collected data to storage outside the European Economic Area (EEA). It may be processed outside the EEA to fulfil your order and deal with payment.
By giving us your personal data, you agree to this arrangement. We will do what we reasonably can to keep your data secure.
Payment will be encrypted. If we give you a password, you must keep it confidential. Please don’t share it. Although we try to provide protection, we cannot guarantee complete security for your data, and you take the risk that any sending of that data turns out to be not secure despite our efforts.
We only keep your personal data for as long as we need to in order to use it as described above in section 5, and/or for as long as we have your permission to keep it. In any event, we will conduct an annual review to ascertain whether we need to keep your personal data. Your personal data will be deleted if we no longer need it.
7. Disclosing your information
We are allowed to disclose your information in the following cases:
- If we want to sell our business, or our company, we can disclose it to the potential buyer.
- We can disclose it to other businesses in our group.
- We can disclose it if we have a legal obligation to do so, or in order to protect other people’s property, safety or rights.
- We can exchange information with others to protect against fraud or credit risks.
We may contract with third parties to supply services to you on our behalf. These may include payment processing, search engine facilities, advertising and marketing. In some cases, the third parties may require access to some or all of your data. These are the third parties that have access to your information:
- Social media analytics
- Google Analytics
- Google Tag Manager
Where any of your data is required for such a purpose, we will take all reasonable steps to ensure that your data will be handled safely, securely, and in accordance with your rights, our obligations, and the obligations of the third party under GDPR and the law.
8. Your rights
You can ask us not to use your data for marketing. You can do this by ticking the relevant boxes on our forms, or by contacting us at any time at firstname.lastname@example.org.
Under the GDPR, you have the right to:
- request access to, deletion of or correction of, your personal data held by us at no cost to you;
- request that your personal data be transferred to another person (data portability);
- be informed of what data processing is taking place;
- restrict processing;
- to object to processing of your personal data; and
- complain to a supervisory authority.
You also have rights with respect to automated decision-making and profiling as set out in section 11 below.
9. Links to other sites
Please note that our terms and conditions and our policies will not apply to other websites that you get to via a link from our site. We have no control over how your data is collected, stored, or used by other websites and we advise you to check the privacy policies of any such websites before providing any data to them.
11. Automated Decision-Making and Profiling
11.1 In the event that we use personal data for the purposes of automated decision-making and those decisions have a legal (or similarly significant effect) on you, you have the right to challenge to such decisions under GDPR, requesting human intervention, expressing their own point of view, and obtaining an explanation of the decision from us.
11.2 The right described in section 11.1 does not apply in the following circumstances:
a) the decision is necessary for the entry into, or performance of, a contract between the you and us;
b) the decision is authorised by law; or c) you have given you explicit consent.
11.3 Where we use your personal data for profiling purposes, the following shall apply:
a) Clear information explaining the profiling will be provided, including its significance and the likely consequences;
b) Appropriate mathematical or statistical procedures will be used;
c) Technical and organisational measures necessary to minimise the risk of errors and to enable such errors to be easily corrected shall be implemented; and
d) All personal data processed for profiling purposes shall be secured in order to prevent discriminatory effects arising out of profiling.
12. Dispute Resolution
12.2 If any such dispute cannot be settled amicably through ordinary negotiations between the parties, or either or both is or are unwilling to engage in this process, either party may propose to the other in writing that structured negotiations be entered into with the assistance of a fully accredited mediator before resorting to litigation.
12.3 All negotiations connected with the relevant dispute(s) will be conducted in confidence and without prejudice to the rights of the parties in any further proceedings.
12.4 If the parties agree on a resolution of the dispute at mediation, the agreement shall be reduced to writing and, once signed by the duly authorised representatives of both parties, shall be final and binding on them.
12.5 If the parties fail to resolve the dispute(s) within 60 days (or such longer term as may be agreed between the parties) of the mediator being appointed, or if either party withdraws from the mediation procedure, then either party may exercise any right to seek a remedy through arbitration by an arbitrator.
13. Access to the web site and content
13.1 We will endeavour to allow uninterrupted access to the web site, but access to the web site may be suspended, restricted or terminated at any time.
13.2 We reserve the right to change, modify, substitute or remove without notice any information on the web site from time to time.
13.3 We assume no responsibility for the contents of any other web sites to which the web site has links.
14. Purchasing Goods & Services
14.1 Please read these terms carefully. By using or submitting an order (and any subsequent orders) on this web site you are agreeing to these terms that appear below.
14.2 To register with and purchase goods or services in respect of advice you must be eighteen years of age or over. We make available for purchase via this website, plants, seeds and publications as well as providing a facility for submitting enquiries.
14.3 All use and purchases made on this web site are governed by these Terms and Conditions at any time although the Terms and Conditions governing any given use or purchase will be those in effect at the date of your order or specific use. If you order goods after we have published any changes you will be bound by those changes.
14.4 We will confirm acceptance of your order using the website. This will occur either by message on the website immediately after you have confirmed your order, or by us sending an e-mail to the e-mail address you have provided to us. At the point of acceptance the purchase contract will be made and we will supply the goods or services to you in accordance with your order and these Terms and Conditions.
15. Price and Delivery Charges
15.1 The price of goods will be as quoted on the web site at the time you confirm your order (usually by clicking the “checkout” button).
15.2 The prices stated on the website will be inclusive of any VAT payable. Carriage charges for delivery in the mainland UK are added at a rate of £3.95 per order.
16. Methods of Payment
16.1 Payment may be made by PayPal, debit, credit or charge card. You cannot pay for your order by cash or cheque.
16.2 The debit, credit and charge cards accepted by us are those listed on the web site on the date on which your order is placed.
16.3 Authority for full payment will be requested from your card issuer at the time of your order. We reserve the right to terminate our agreement with you if we are refused authority for payment or reasonably believe that payment will be refused at any stage.
17.1 Delivery will be made by Royal Mail or such other carrier company (this is usually Hermes or DX ) as we may from time to time decide to use to the address specified by you when you register as a member on the website (please see section 25 below). You have the ability to change this address on the web site.
17.2 In respect of an order comprising plants, these are grown specifically to order, however we reserve the right to substitute any part of your order with similar plants.
17.3 In respect of any order comprising plants, in order to ensure that such plants are not damaged, you are obliged to open packaging immediately upon receipt of delivery. In the event that any delivery of plants is left unattended at your address or is not opened immediately upon receipt, we expressly disclaim all liability which may arise by virtue of the delivery being left unattended or plants not being unpacked immediately upon receipt. This includes but is not limited to theft. In the case of any order that comprises seeds and/or non-perishable items we expressly disclaim all liability which may arise by virtue of such delivery being left unattended. This includes but is not limited to theft.
17.4 With stock permitting we aim to dispatch orders within 1-2 working days of receipt of your order. For Grow Your Own with Pippa Greenwood Gift Cards these will be dispatched within 1-2 working days of receipt of the order. Orders for live plants will be dispatched at a time suitable in terms of growing conditions and planting suitability. This is usually mid-May for summer vegetable plants and early to mid September for autumn planting vegetables. The precise dispatch date will be emailed to you in advance of dispatch. Goods should arrive within 5 days of dispatch, usually sooner. Precise delivery schedule will depend on the carrier used.
18. Defective Goods, Refund & Cancellation Policy
18.1 We guarantee the quality of our goods. You must inspect the goods immediately upon receipt and notify us promptly by e mail in respect of any defects. We will promptly and fully refund the price of any goods that do not meet with your reasonable satisfaction or arrange for the delivery of replacement goods, provided that you notify us by return on delivery of the goods. We will arrange with you for the goods to be returned to us if required.
18.2 Subject to section 20 below, we will not accept any further claims for loss from or in connection with the supply of faulty goods, whether direct, indirect, consequential or otherwise, howsoever arising.
18.3 If non-living goods (ie. not plants or biological controls) are purchased and on receipt you realise that the good are non suitable for the purpose intended, you can return them in perfect condition and in their original packaging within 14 days. Provided the goods are received by us in perfect and re-sale-able condition and in their original and undamaged box/container/product packaging, we will provide a full refund of the purchase price of those goods. Return postage/courier charges are the responsibility of you the purchaser. Return postage will only be refunded if the item(s) are damaged or faulty or if you have been sent the wrong item by us. We do not accept responsibility for lost or damaged parcels on return, so it advisable to obtain a postal receipt and/or send the goods by recorded delivery.
Should you need to return an item for any of the above reasons, please contact us via the ‘Contact Pippa’ emailing form on the website and we will get back to you promptly and advise you whether we need to arrange for the item to be collected from you by courier (faulty goods), or whether you need to return the item back to us via the post/courier yourself. If the item received was damaged or faulty then you may not need to return the item to us, but we will advise you once we have received your contact-form email.
NB Plants and live pest control items are non-returnable and are exempt from cancellation.
19. Amendments and Cancellation Rights
19.1 In the case of plants, these are grown to order. In respect of any order that consists of or includes plants or perishable eg live pest control items you do not have the right to cancel the contract.
20. Warranty and Liability
20.1 Nothing in these Terms and Conditions will restrict our liability for death or personal injury resulting from our negligence, breach of contract or breach of statutory duty, nor will any of these terms restrict any of your statutory rights.
20.2 We will not be deemed to be in breach of contract or of these Terms and Conditions as a result of any delay in our performance or failure to perform our obligations if that delay or failure to perform is due to any cause or circumstance beyond our reasonable control including, but not limited to, fire, flood and other acts of God, strikes, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism or war, breakdown of equipment.
20.3 Other than as set out in section 20, clause 20.1, our maximum liability arising out of any order for the supply of goods to you under this contract will be limited to the price of the goods contained in that order.
21. Customer Complaints
21.1 Any complaints should be addressed to Pippa Greenwood you will find an e-mail link on our website in the “Contact” section and we shall do our best to resolve any such complaint.
22. Intellectual Property
22.1 The copyright in the material contained in the website, together with the website design, text and graphics, and their selection and arrangement, and all software compilations, underlying source code and software (including applets) belongs to Pippa Greenwood, its subsidiaries or the providers of such information. All rights are reserved. None of this material may be reproduced or redistributed without our written permission. You may, however, download or print a single copy for your own non-commercial off-line viewing.
22.2 PIPPA GREENWOOD and GROW YOUR OWN WITH PIPPA GREENWOOD are trade marks of Ms Pippa Greenwood. Other product and company names mentioned on this web site may be the trademarks or registered trademarks of their respective owners.
22.3 You shall retain ownership of all copyright in data you submit to the web site. You grant us a world-wide exclusive, royalty-free, non-terminable licence to use, copy, distribute, publish and transmit such data in any manner.
23. Exclusions of liability
23.1 We use reasonable endeavours to ensure that the data on the web site is accurate and to correct any errors or omissions as soon as practicable after being notified of them. We do not monitor, verify or endorse information submitted by third parties for posting on the web site and you should be aware that such information may be inaccurate, incomplete or out of date. To the extent permitted by applicable law, we disclaim all warranties and representations (whether express or implied) as to the accuracy of any information contained on the web site. We do not guarantee that the web site will be fault free and do not accept liability for any errors or omissions.
23.2 Due to the nature of electronic transmission of data over the internet, and the number of users by whom data is posted on to the web site, any liability we may have for any losses or claims arising from an inability to access the web site, or from any use of the web site or reliance on the data transmitted using the web site, is excluded to the fullest extent permissible by law. In no event shall we be liable for any indirect loss, consequential loss, loss of profit, data, revenue, business opportunity, anticipated savings, goodwill or reputation whether in contract, tort or otherwise arising out of or in connection with this agreement or use of the web site save where such liability cannot be excluded by law.
23.3 We do not give any warranty that the web site is free from viruses or anything else which may have a harmful effect on any technology.
23.4 We exclude all liability for loss or damage in the event that you either do not follow advice provided or you follow such advice incorrectly, as regards the care of any plants sold by us, whether in plant or seed form.
24. User name and password
24.1 On registering with the Grow Your Own With Pippa Greenwood service, you will be issued with a pass code which must be used in order to access certain restricted parts of the web site. The pass code is personal to you and is not transferable.
24.2 Your pass code is the method used by us to identify you and so is very important. You are responsible for all information posted on the web site by anyone using your pass code and any payments due for services accessed through the web site by anyone using your passcode. Any breach of security of a user name and password should be notified to us immediately.
24.3 You may not adapt or circumvent the systems in place in connection with the web site, nor access the web site other than through normal operations.
25.1 We may terminate your access to the web site and the services within it on not less than 3 days’ written notice to you.
25.2 All disclaimers, indemnities and exclusions in these terms and conditions shall survive termination of the agreement between us for any reason.
26.1 If any provision of these terms and conditions is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and the validity and enforceability of the remaining provisions of these terms and conditions shall not be affected.
26.2 We may modify these terms and conditions at any time by publishing the modified terms and conditions on the web site. Any modifications shall take effect 3 days after posting on the web site.
26.3 We shall not be deemed to be in breach of these terms and conditions by reason of any delay in performance or non-performance of any of our obligations to you to the extent that such delay or non-performance is due to any cause beyond our reasonable control including but not limited to the acts, defaults or omissions of suppliers or sub-contractors or strike, lockout or other form of industrial action (an “Event of Force Majeure”).
27. Governing law
27.1 These terms and conditions shall be governed by and construed in accordance with English law.
27.2 Any disputes shall be subject to the exclusive jurisdiction of the English courts, to which both parties submit.