GARDENING CLUB TERMS & CONDITIONS
Hillier Gardening Club Terms and Conditions as at 01/09/2014
1A) The ‘Hillier Gardening Club’ hereafter known as ‘the ‘Club’ rewards members with points redeemable as vouchers when they make qualifying purchases at Hillier Nurseries Ltd.
1B) These terms and conditions hereafter known as ‘the ‘Conditions’ show how you can earn points and receive reward vouchers to spend at Hillier Garden Centres. They are also the terms relating to data protection.
1C) If you join the Club or use a Card you automatically accept these Conditions.
2. Joining the Club and using your Card
2A) Your name, full postal address, email address, and signature must be provided for a Card to be registered. Applicants must be aged 18 or over and must have a resident UK address. The Club reserves the right to refuse an application at its sole discretion.
2B) Your Card is issued by, and remains the property of, the Club. It must be returned to the Club on request or destroyed when no longer valid for use.
2C) If you do not register your Card you will not become a member or receive any points.
2D) If the Club reasonably believes that you have breached these Conditions and/or abused the Club, Cards may be terminated without prior notice.
The Club reserves the right to take any action deemed necessary where a Card is found to have been used in a way that abuses the Club.
2E) The Club 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 Club; 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 Club. We may close your account if the Card has not been used for a period of 12 months or more.
2F) You may terminate your Card at any time in which case all points on the Card and vouchers issued shall be lost.
2G) 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 or password information relating to it you should notify your local Hillier
Garden Centre immediately. Lost, damaged or stolen Cards can be replaced by visiting your local Hillier Garden Centre. A Card and vouchers issued should be treated like cash. The Club is not responsible for any unauthorised use of the Card or any lost or stolen vouchers.
2H) A Card and any points on it are non-transferable, and can only be used by the registered card holder.
2I) The Club is not open to employees of Hillier Nurseries Ltd.
2J) The Club is not open to Hillier Trade / Account Customers or Concession Staff located on Hillier premises.
3. Points and reward vouchers
3A) Collect points at any Hillier Garden Centre. You must present your Card at the till at the time of purchase or within 28 days of the date of purchase. In the case of the latter, proof of purchase, using a valid 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 Club.
3B) Points will be awarded on all goods sold in Hillier Garden Centres, with the exception of gift vouchers, home delivery, products from concessions and other products from time to time as notified.
3C) Product discounts related to, and offered as part of the Club are not valid for redemption against the excepted goods noted in section 3B.
3D) You will receive points on qualifying transactions in Hillier Garden Centres. Points are awarded at a rate of 5 points for every £1.00 spent or a pro-rata amount rounded up or down to the nearest pound depending on the capabilities of the Club’s software systems. These rates can be altered at the Club’s discretion on reasonable notice. The Club reserves the right to give such notice via post, email or our website. The Club may also display notices detailing any variation to the points earning ratio in its garden centres. The number of points issued may vary between qualifying purchases.
3E) The Club reserves the right to offer bonus points on certain products as selected by the Club from time to time in its sole discretion.
3F) The Club reserves the right to terminate any points offers, including but not limited to such points offers referred to at section 3E above, at its sole discretion. The Club will give Cardholders as much notice as it reasonably can of any decision to terminate or vary any points offers. The Club reserves the right to give such notice via post, email or our website. The Club may also display notices detailing any termination or variation to any points offers in its garden centres.
3G) Each point has a redemption value of 1p against qualifying goods, and will count towards your reward voucher. The Club reserves the right to vary the rates at any time on reasonable notice. The Club reserves the right to give such notice via post, email or our website. The Club may also display notices detailing any variation to the points redemption value in its garden centres. All points awarded and all reward vouchers issued have no monetary value.
3H) Twice a year the Club will arrange for you to be sent, either via email or post, the chosen means to be at the Club’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 Club shall not be responsible for vouchers lost in the post or rejected via email.
3I) The Club is entitled to vary the qualifying points balance and the number of mailings a year, from time to time at its sole discretion. The Club 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 Club reserves the right to give such notice via post, email or our website. The Club may also display notices detailing any variation to the qualifying points balance and/or the number of mailings a year, in its garden centres.
3J) 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 Club ends, noted in section 2E. 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.
3K) If the Club 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.
3L) 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 Club deems to be damaged, defaced or photocopied will not be accepted.
4. General Terms
4A) The Club may vary these Conditions and will give Cardholders as much notice as it reasonably can. The Club reserves the right to give such notice via post, email or our website. The Club may also display notices detailing any variations to these Conditions in its garden centres. Earning further points or using vouchers following such variation shall constitute acceptance of the changes the Club makes.
4B) Cardholders should check our website and specifically these Conditions frequently in order to ensure they are aware of any changes that the Club has made to these Conditions.
4C) If the Club 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.
4D) The Club will not be liable to Cardholders for losses suffered by Cardholders. This limit on liability does not exclude or limit the Club’s liability for death or personal injury caused to a Cardholder as a result of the Club’s negligence. These Conditions prevail if they conflict with any other material issued by the Club to Cardholders in connection with the operation of the Club.
4E) The Club 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 Club’s obligations to Cardholders in respect of the Club are contained in these Conditions and nowhere else.
5. Data Protection Act 1998 (The Act)
5A) Use of your personal data (a) By joining up to the Club and providing your personal data you agree to your name, postal address, email address and other personal data you supply (‘personal data’) being used by Hillier Nurseries Ltd. (b) You agree to your personal data being used by the Club so that we can send you updates and information by email and/or post about the Club: (i) “Gardening Club” mailings and notification of any changes. (ii) Marketing and promotional materials about goods and/or services on offer at Hillier Garden Centres and website.
5B) Retention: We will hold your personal data on our systems for as long as is necessary to administer your membership with the Club. If you cancel your registration as a member we will mark your record accordingly and retain your details for administration purposes prior to deletion before the end of any period required by law.
5C) Security: Your personal data shall be held and stored on secure computers . The Club 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 Act.
5D) Access to Personal Data: The Act gives you the right to access information held about you by the Club. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £15 to meet our costs in providing you with details of the information we hold about you.
6. Contact Details
The Gardening Club can be contacted by email at email@example.com by post to Hillier Gardening Club, Hillier Garden Centres Head Office, The Stables, Ampfield House, Ampfield, Romsey, Hampshire, SO51 9BQ or by telephone on 01794 368 966. Website: www.hillier.co.uk