Terms & Conditions
These are the terms and conditions for the use of the www.binnyplants.com website. Please consider them carefully. By using the www.binnyplants.com website you agree to be bound by these terms and conditions (such use includes, but is not limited to, browsing, registering, making purchases and contributing content to the www.binnyplants.com website).
Please contact us by email if you have any questions about the terms and conditions.
‘Customer’ means any User who places an order on the Site for the purchase of Plants;
‘Plant’ means any plant, bulb, rhizome, corm, tuber, seed or similar product, which is offered for sale on the Site;
‘Binny Plants’ means Binny Plants LLP, and references to ‘we’ and ‘us’ shall be construed accordingly;
‘Site’ means the website at www.binnyplants.com;
‘Terms’ means the terms and conditions set out here on this page, and any other such terms and conditions which may be substituted in their place by Binny Plants from time to time; and
‘User’ means any user of the Site, and references to ‘you’ shall be construed accordingly.
In these Terms, words in the singular include the plural and vice versa.
You warrant that all of the information that you provide during registration is true, accurate, current and complete, and further, that you will update the information so that it continues to be true, accurate, current and complete. You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
You must contact us immediately upon becoming aware of any breach of security or unauthorised use of your account.
You will keep your password safe. You agree not to share your password with any third party. We will not be responsible for any loss or damage resulting from a failure to keep your password safe.
All orders placed on the Site are subject to acceptance by Binny Plants and the availability of the Plants. Binny Plants may be offering our Plants for sale at our own premises or through other channels, as well as on the Site, so items can sell out at short notice.
When Customers place their orders, they will receive an email acknowledgment of their order. This is not an acceptance of the order. It is only an acknowledgment of the order details.
Binny Plants reserves the right not to accept any order where the Plant is out of stock; where payment cannot be authorised; where delivery of the Plant to the Customer is not possible or not economical; or where there is any other reasonable and proper concern in connection with fulfilling the order.
Also, Binny Plants may refuse to process any transaction for any reason or refuse service to any person at any time at our sole discretion. We will not be liable to such person or any third party for the effect of any such refusal.
Customers warrant that the credit card, debit card or other account that is being used for payment is theirs or that they are authorised to use it.
Binny Plants may (at its sole discretion and without the need for prior notice), suspend or terminate a Users’ account at any time, where Binny Plants believes that a User is acting in breach of the letter or the spirit of the Terms or has committed improper or fraudulent acts.
You agree to indemnify, defend and hold us, and our officers, directors and employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Terms by you or any other liabilities arising out of your use of this Site, or the use by any other person accessing this Site using your account with your personal information.
6. THIRD PARTY LINKS
We may provide links to other websites from time to time. You agree that we are not responsible for the availability of these websites and that we do not endorse and are not responsible or liable (directly or indirectly) for these websites.
7. LIMITATION OF LIABILITY
We make no warranties, whether express or implied in relation to the accuracy of any information on the Site. The Site is provided on an “as is” and “as available” basis without any representation or endorsement and we make no warranties of any kind, whether express or implied, in relation to the Site or any transaction that may be conducted on or through the Site, including but not limited to implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranties arising from course of dealing or usage or trade.
We make no warranty that the Site will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the Site or the server that makes it available are free of viruses or bugs or represent the full functionality, accuracy, reliability of the Site. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Site.
No transmission of data on the internet can be guaranteed as entirely secure. We take care to protect your information, but we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is done so at your own risk.
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Plants. This does not affect your statutory rights as a consumer.
We will not be liable, in contract, delict or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Terms for:
• any economic losses (including, without limitation, loss of revenue, profits, contracts, business or anticipated savings);
• any loss of goodwill or reputation; or
• any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Terms.
Nothing in the Terms shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
If any part of the Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Terms and shall not affect the validity and enforceability of any of the remaining provisions of the Terms.
No waiver by us shall be construed as a waiver of any preceding or subsequent breach of any provision.
10. ENTIRE AGREEMENT
The Terms in force at the date of despatch of your order govern our relationship with you. You confirm that in agreeing to accept the Terms you have not relied on any representation and you agree that you shall have no remedy in respect of any representation. Your statutory rights are not affected by the Terms. Nothing in this clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation.
The Terms shall be governed by and construed in accordance with the laws of Scotland and you irrevocably submit to the exclusive jurisdiction of the courts of Scotland.
We take the security and privacy of our users very seriously and we recognise that it is important to safeguard the information about our users. Any personal data collected through this website will be treated as confidential in line with the Data Protection Act 1998.
1. SECURE TRANSACTIONS
Under the Data Protection Act, we have a legal duty to protect any information we collect from you. Our website uses high-level SSL encryption technology to safeguard your data.
2. WHAT INFORMATION DO WE COLLECT?
We collect, store and use two kinds of information: (1) your personal details, when you choose to register with us in order to purchase plants or when you subscribe to our email newsletter; and (2) site usage information, such as the pages of our website that you viewed, the search terms that you entered, your browser type, the length of your visit and the broad geographical area of where your your computer is located.
4. USING YOUR DATA
We use your personal data in order to improve our website and understand our users better.
We may also use your personal data to process your orders. Any personal data that is collected during the purchase process is only used by us and such other reputable companies as are necessary to provide services such as the delivery of your order.
Where you have specifically agreed by subscription, we may send you our email newsletter to inform you about things which we think could be of interest. You can cancel your subscription at any time by following the relevant link at the bottom of the newsletters.
We may collate information about our website such as the website traffic, sales, wish list and other commercial information which we may share with third parties, but this information is strictly anonymous and does not include anything which may identify you personally.
We will not pass your personal data on to any third parties for marketing purposes. However, we may share personal information of any of our users if we are obliged to do so by the police or any other regulatory or government authority investigating suspected illegal activities.
5. CHANGES TO THE POLICY