Which? Gardening: Terms and Conditions

1. Your Which? Gardening membership
2. Your membership details
3. Paying for your Which? Gardening membership
4. Cancellation
5. Data Protection
6. The Email Advice Service
7. Your use of Which? Gardening
8. Our responsibility to you
9. What you must do
10. General

1. Your Which? Gardening membership

1. Access to our 10 monthly magazine issues (no issues in February and August), packed with member-exclusive advice, articles and test results delivered to your door


2. One-to-one gardening advice and support by email (the “Email Advice Service”) (please see section 6 below for limitations on the scope the email advice service)


3. Once a month one-to-one gardening advice and support by phone (the “Call-Back Service”) (please see section 7 below for limitations on the scope of queries the gardening advice phone service can answer)


4. If you are a new member, an A3-sized wall planner (to be delivered with your first magazine) to help you keep track of your fruit, veg and herbs

2. Your membership details

3. Paying for your Which? Gardening membership

1. You can pay in either monthly or annual installments.
   
   
   1. Monthly - You will need to pay the agreed fee per month as set out in your introductory email for your Which? Gardening membership. The first month must be paid in full prior to commencement of your membership and you will continue to pay the fee every month unless you choose to cancel (see Cancellation below at section 4)
   
   
   2. Annually – You will need to pay the agreed fee per year as set out in your introductory email for your Which? Gardening membership.
   
   


2. You can pay the fee using most credit and debit cards and all such payments will be subject to validation checks and authorisation by the card issuer. If the issuer of the card refuses to authorise payment to us, then we will not be able to confirm your order and no contract will exist between us and you.


3. If you're taking advantage of one of our introductory offers your membership will, unless you cancel, continue as a monthly or annual membership at the standard rate applicable to that membership when the introductory offer period ends. We will collect your payments each month or year in advance as applicable unless you cancel your membership.


4. You can change your membership at any time, please contact us to discuss the most appropriate option for you.


5. We aim to send you your first copy of the Which? Gardening magazine so that you receive it within 7 working days of signing up.


6. To purchase a Which? Gardening membership you must be aged 18 or over.

4. Cancellation

1. You have an initial 14 day cancellation period in which to cancel your membership, this cancellation period will end 14 days after the day on which you receive your first print magazine. If you cancel within the cancellation period you will be entitled to a full refund of the membership fee you have paid unless you have used the Email Advice and Call-back Services before the 14 days expired. If you did use our Email Advice and Call-back Services before the 14 days expired, you’ll be refunded the membership fee you have paid minus an amount for the number of days your membership had been running up to when you cancelled.

Monthly memberships


2. Once the initial 14 day cancellation period has expired you can tell us at any time that you want to cancel your membership; your membership will end the day before your next payment is due. We will not provide a full or partial refund of your monthly membership fee but you will continue to receive all the member benefits you have paid for up to when your membership ends and no further payments will be taken.

Annual memberships


3. In the first year of your annual membership after the 14 day cancellation period has expired you can tell us at any time that you do not want your membership to continue beyond the year you have paid for; we will not provide a full or partial refund of your annual payment but you will continue to receive all the member benefits you have paid for up to when your membership ends and no further payments will be taken.



4. After the first year of your annual membership, each time your membership renews you will again have a 14 day cancellation period in which to cancel your membership. If you cancel within this cancellation period you will be entitled to a full refund of the membership fee made following the relevant renewal. After this cancellation period has expired you can tell us at any time that you want to cancel your membership; your membership will end 30 days after we receive your cancellation request. We’ll provide a pro-rata refund of the membership fee paid for the year you’re cancelling in; we’ll base this on the number of days left on your membership for that year.

How to cancel


5. You can cancel by emailing us at which@which.co.uk or calling us on 029 2267 0000.

5. Data Protection

6. The Email Advice Service

1. What we can do

The Email Advice Service allows members to send technical queries to our team via an online form or by emailing gardeninghelp@which.co.uk. You may submit a request for information or guidance in relation to your personal (non-business and non-commercial) gardening queries (“Request”).


2. What we can't do

We are unable to provide the following services:

1. consultancy services (this can include but is not limited to advice on commercial gardens, public gardens or any garden not owned by a consumer for personal use);


2. advice relating to non-gardening related products and services; and


3. any other service that is unrelated to private non-commercial use of gardening (including the use of equipment or services).

7. Your use of Which? Gardening

1. The suitability of the guidance and information we provide in response to a Request (“Guidance”) depends on the accuracy and completeness of the information you provide us with. We will not investigate your circumstances beyond the information disclosed by you. Please take care to ensure you tell us everything that you think may be relevant to your Request and answer our questions as fully as possible.


2. We will use our reasonable endeavours to provide a response to your Request within two business days of us receiving your Request but in times of high demand our London-based team may need a little longer to provide a response.


3. We will use reasonable care and skill when providing you with Guidance. Due to a variety of factors such as changes in the climate, we cannot provide any assurances that the Guidance provided will remain appropriate to your Request. We don’t undertake to carry out any future review of the Guidance provided or your circumstances to check whether the Guidance we have provided is still appropriate to your Request. The responsibility for ensuring that the Guidance remains appropriate rests with you and you may use the Which? Gardening service to request further Guidance.

8. Our responsibility to you

1. Except where we have failed to use reasonable care and skill in providing the Which? Gardening service, we will not be responsible for any damage or loss suffered as a result of:

1. any delay in providing a response to a Request or to provide Guidance;


2. any unavailability of the Which? Gardening website;


3. acts beyond our reasonable control;


4. any failure on your part to provide us with information relevant to your Request;


5. changes in your circumstances or current UK gardening practice that may affect the suitability of the Guidance;


6. third party interference (including but not limited to defects in gardening products and plants you may use) following your use of the Email Advice Service or the Call-Back Service;


7. viruses, technical defects or third party interference to any computer, tablet, phone or other device you use to access the Which? Gardening website or any Guidance provided (“Device”) or any services you access through a Device, following your use of the Which? Gardening services;


8. any obligation we have to contact the relevant authorities and disclose information pertaining to any illegal act Which? become aware of or suspect due to information you have provided or indicated to us; and


9. any additional circumstances set out in our general terms

9. What you must do

1. You agree that you will not use Which? Gardening in any way that is:


1. illegal or unlawful, or likely to encourage illegal or unlawful behaviour;


2. likely to damage the reputation of Which?;


3. likely to be a nuisance, harmful or deceptive to any other person;


4. for the purposes of commercial gain;


5. defamatory, obscene or offensive; or


6. likely to, or will, infringe the copyright, trademarks or any other intellectual property rights of another person.


2. You confirm you are over 18 years old or otherwise have the express permission of your parent or guardian to use the Which? Gardening service.

10. General

1. Suspension or termination by Which?

Where we think you are misusing Which? Gardening, we may suspend your use of any or all of our services until the matter is resolved. In serious cases or in the case of repeated misuse or where we cannot resolve the matter with you, we may terminate your Which? Gardening membership. Examples of misuse include, but are not limited to, being abusive to our staff or other inappropriate behaviour, using the service for illegal or improper purposes, or where we have been obliged to make a notification under section 9 (a) viii of these terms.

We cannot advise you where this could cause a conflict of interests between your interests and those of Which? or another Which? customer. Where a conflict of interest arises, we may be unable to provide you with exact details due to data protection legislation.


2. Keeping a record of the guidance we provide

We will respond to your Request by email and we recommend that you print or save a copy of the Guidance we provide for future reference as we cannot guarantee that we will be able to provide duplicate copies of the Guidance we have provided to you.

As set out in our Privacy Notice, we (or companies acting on our behalf) may record and review telephone calls or emails to enable us to monitor quality standards and for training purposes.


3. Third party rights

No person other than you has any right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these terms and conditions.


4. Viruses and security

Though we take reasonable commercial measures to ensure the safety of your data and devices, due to the nature of electronic communications and the possibility of third party interference, we cannot guarantee that our website and/or any email we send in response to a Request will be free of viruses and technical defects of any description or any forms of computer misuse.


5. Engaging third parties to provide the user services

We may engage the services of third parties to provide or assist us in providing any of the Which? Gardening services to you. You agree that we may pass on to such third parties that we engage for this purpose, any data or information that you provide to us in accordance with our Privacy Notice when you contact us with a request for information.


6. Third party content and linking

Our Guidance may include links to other websites operated by third parties. We do not endorse these third parties and we do not have any control over the nature or accuracy of content on these websites or the way in which they will use the data you provide to them.


7. Your use of our content

Please ensure any content you print, copy or download from our website is for your personal use only. You must not use or encourage others to use our website (or its contents) for their or your commercial gain or in a way that could damage the reputation of Which?.


8. Contact us

If you have any questions, queries or complaints, then please email us (at which@which.co.uk) and we will be happy to help you. Our offices are open 9am-5pm, Monday-Friday.


9. Can we help you with anything else?

Our Member Services team is always happy to help. You can contact them by email at which@which.co.uk or by telephone on 029 2267 0000.


10. Changes to the terms and conditions

Which? may vary any of the terms of your contract to the Which? Gardening service at any time where such changes:


1. are required for legal or regulatory reasons;
2. improve or clarify the services or the terms; or
3. are otherwise necessary.

We may make changes from time to time, and we suggest you check the website regularly for updates. Where any important changes are made, we will write to notify you of the change. We will endeavour to give you at least 4 weeks’ notice of the change. Where you suffer, or are likely to suffer, a detriment as a result of a change, you will be entitled to cancel your contract with immediate effect and to receive a full or partial refund dependant on the circumstances.

Which? reserves the right to withdraw or amend either this promotion or these terms and conditions at any time, without notice if this is necessary for reasons beyond its reasonable control.


11. These terms and conditions shall be governed by and construed in accordance with English law and any disputes arising from these terms and conditions shall be subject to the exclusive jurisdiction of the Courts of England and Wales.