The 'Gardening Club' Terms and Conditions

1. Introduction

1.1 The 'Gardening Club' (the 'Club') is the trading name for the loyalty card scheme that rewards members with points redeemable as vouchers when they make qualifying purchases run by operators of the 'Gardening Club' stores and websites (which are currently Wyevale, Blooms, Old Barn, Heighley Gate and Peter Barratt's Garden Centres, Bridgemere Garden World, Sanders Garden World, Woodlands Nurseries, and Jack's Patch Garden Centre). An up-to-date list of operators and participating stores and websites is available at www.yourgardeningclub.co.uk or on request.

1.2 These terms and conditions (the 'Conditions') set out the terms on which you can join the Club, earn points and convert these points into reward vouchers to spend at qualifying 'Gardening Club' stores and websites. They are also the terms on which the Club can use your personal information.

1.3 If you apply to join the Club or use a Card you automatically accept these Conditions.

2. Joining the Club and using your Card

2.1 Your name, full postal address, 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 Club reserves the right to refuse an application for any good reason.

2.2 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 It must be returned to the Club on request or destroyed when no longer valid for use. Your Card is not and must not be used as a credit card, guarantee card or as any other form of security against sums you might owe to third parties.

2.3 If you do not register your Card you will not be able to redeem your points nor will you be eligible for other Club offers and promotions from time to time.

2.4 If you breach these Conditions, or 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.

2.5 In addition to section 2.4 above, 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, withdraw or cancel the Cards and/or the points (including the redemption and issue of such) and/or terminate the Club. In particular, we may close your account if sufficient points have not been earned to qualify for the issuance of vouchers for 12 months.

2.6 You may terminate your Card at any time in which case all points on the Card and vouchers issued shall be lost.

2.7 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 Customer Services immediately. Lost, damaged or stolen Cards can be replaced by calling Customer Services. Customers requiring multiple cards should contact Customer Services as any such arrangement will be subject to different terms and conditions available from Customer Services. 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.

2.8 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.

2.9 The Club is not open to employees of 'Gardening Club' stores, a list of which is available at www.yourgardeningclub.co.uk or on request.

3. Points and reward vouchers

3.1 To collect points in store, 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. To collect points for a transaction online, the unique number on your Card must be entered at any participating website at the time of purchase. You cannot claim points on purchases made before they joined the Club.

3.2 Points will be awarded on all merchandise sold in participating Club stores, or websites, with the exception of gift vouchers, home delivery, financial services, products from in-store concessions and other products from time to time as notified.

3.3 Product discounts related to, and offered as part of, the Club are not valid for redemption against the excepted merchandise noted in section 3.2.

3.4 The Club currently offers any member over the age of 60, double points for any valid purchase made on a Tuesday. 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.

3.5 You will receive points on qualifying transactions. In-store and online 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 point depending on the capabilities of the Club's software systems. These rates can be altered at the Club's discretion on reasonable notice. The number of points issued may vary between qualifying purchases.

3.6 Each point has a redemption value of 1p, and will count towards your quarterly mailing voucher, for use in store only. The Club reserves the right to vary the rates at any time on reasonable notice. All points awarded and all mailing vouchers issued have no monetary value.

3.7 Each calendar quarter, you will receive a mailing, including printed vouchers, the denominations and number of which will be dependant on the number of points in your account at the time of mailing. The mailing will only contain vouchers if you have a qualifying points balance. The Club shall not be responsible for vouchers lost in the post.

3.8 Each mailing can contain up to a maximum of four vouchers, and any unallocated points remaining will be carried forward. Points have no expiry date but are lost if the relevant Card account is closed or the Club ends, noted in section 2.5. 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 condition stated on the voucher or otherwise publicised.

3.9 If the Club reasonably suspect 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.

3.10 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.

3.11 General Terms

(a) The Club may vary these Conditions and will give Cardholders as much notice as it reasonably can. Such variations will also be published at the Club's stores and on its website at www.yourgardeningclub.co.uk. Earning further points or using vouchers following such variation shall constitute acceptance of the changes the Club makes.

(b) 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.

(c) The Club will only be liable to Cardholders for losses Cardholders suffer from the Club's breaches of these Conditions. Subject to point 3.9 above, the Club's sole liability shall be to credit to the relevant account any points that have been wrongly deducted or should have been credited but were not. 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.

(d) 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.

4. Data Protection

4.1 This section sets out how the Club collects your personal data, how the Club uses it and who the Club shares it with. Under the Data Protection Act 1998 (the "Act"), your data controller is the legal entity that operates the "Gardening Club" store or website from which you joined the Club.

4.2 Use of your personal data (a) By joining up to the Club and providing your personal data you agree to your name, age, date of birth, postal address, email address and other personal data you supply ('personal data') being used by operators of 'Gardening Club" stores and websites (which currently include Wyevale, Blooms, Old Barn, Heighley Gate and Peter Barratt's Garden Centres, Bridgemere Garden World, Sanders Garden World, Woodlands Nurseries and Jack's Patch Garden Centre). An up-to-date list of operators and participating stores and websites is available at www.yourgardeningclub.co.uk or on request. (b) Club members also agree to their personal data being used by the Club to send the following by e-mail and/or by post: (i) 'Gardening Club' mailings and notification of any programme changes. (ii) marketing and promotional materials about goods and/or services on offer at 'Gardening Club' stores and websites.

4.3 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 'red flag' your details on our database and retain your details on our database for the longer of 3 years for administration purposes or for any longer period required by law before deleting your profile automatically.

4.4 Security: Your personal data shall only ever be held and stored on secure and encrypted computer servers. 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.

4.5 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 £10 to meet our costs in providing you with details of the information we hold about you.

5. Contact Details

The Club can be contacted by email at enquiries@yourgardeningclub.co.uk, by post to "The Gardening Club" at 258 Bath Road, Slough, Berkshire, SL1 4DX or by telephone on 0844 335 1735.