INFORMATION

This privacy policy governs the manner in which Born To Lawn Ltd uses, maintains and discloses information collected from customers and users of the website.

We are committed to protecting your right to privacy. We collect information about our users in order to help continually improve the services. We also use the information you provide as part of commercial arrangements, including the sale of advertising space. This Privacy Policy relates only to our use of the information you provide us and your use of the website and does not extend to your use of the Internet other than the website.

DEFINITIONS

In this statement the following terms shall have the following meanings unless the context otherwise requires. Reference in this statement to the masculine shall include the feminine and any reference to the singular shall include the plural.

“Proprietor” includes Born To Lawn Ltd or any party acting on the instructions of Born To Lawn Ltd.

“We”, “Us”, “Our” and “Organisation” includes the Proprietor, Website Administrator of the Proprietor or any party acting on the Proprietor’s instructions.

“You”, “Your”, “User” and “Customer” includes the person using the website.

“Service” and “Services” means the providing of website services and website connectivity, or any other services of the Organisation.

COOKIE POLICY

A cookie is a text-only string of information that a website transfers to the cookie file of the browser on your computer’s hard disk so that the website can remember who you are.

A cookie will typically contain the name of the domain from which the cookie has come, the “lifetime” of the cookie, and a value, usually a randomly generated unique number.

TWO TYPES OF COOKIE POLICY ARE USED ON THIS WEBSITE

Session Cookies, which are temporary cookies that remain in the cookie file of your browser until you leave the site.

Persistent cookies, which remain in the cookie file of your browser for much longer (though how long will depend on the lifetime of the specific cookie).

Cookies can help a website to arrange content to match your preferred interests more quickly. Most major websites use cookies. Cookies cannot be used by themselves to identify you.

HOW WE USE SESSION COOKIES ON OUR SITE AND WHAT INFORMATION WE COLLECT

To allow you to carry information across pages of our site and avoid having to re-enter information.

Within registration to allow you to access stored information.

To log you into the site.

HOW WE USE PERSISTENT COOKIES ON OUR SITE AND WHAT INFORMATION WE COLLECT

To help us recognise you as a unique visitor (just a number) when you return to our website and to allow us to tailor content or advertisements to match your preferred interests or to avoid showing you the same adverts repeatedly.

To compile anonymous, aggregated statistics that allow us to understand how users use our site and to help us improve the structure of our website. We cannot identify you personally in this way.

Within research surveys to ensure you are not invited to complete a questionnaire too often or after you have already done so.

To remember preferences within services across the site.

THIRD PARTY COOKIES

Third parties may serve cookies via this site. These are used for the following purposes:
To serve advertisements on our site and track whether these advertisements are clicked on by users.
To control how often you are shown a particular advertisement.

DISABLING / ENABLING COOKIES

You have the ability to accept or decline cookies by modifying the settings in your browser. However, you may not be able to use all the interactive features of our website if cookies are disabled.

For more information on cookies please see the ICO website at www.ico.org.uk.

WHAT DATA IS COLLECTED

The Organisation may request or collect personal information from online users in a variety of ways, including through online forms for ordering products and services, and other instances where users are invited to volunteer such information. In these instances the information the website collects is personal information that identifies you personally.

We may also collect information on how users access the website by using a tracking ID unique to each user through the use of cookies.

HOW DATA IS USED

We may use the personal information we collect from you to build up a profile of your interests and preferences. This information may be disclosed to other companies and carefully selected third parties and/or used to make you aware of products or services that you may find of interest.

The Organisation will not in any way share this information with a third party either for free or by selling it, unless you specifically authorise such disclosures.

PRIVACY NOTICE

Personal data relates to a living individual who can be identified from that data.

 Identification can be made by the information alone or in conjunction with any other information in the data controller's possession or likely to come into such possession. 

The processing of personal data is governed by the General Data Protection Regulation (GDPR). Born To Lawn complies with its obligation under GDPR by keeping personal data up to date, by storing and destroying it securely, by not collecting or retaining excessive amounts of data, by protecting data from loss, misuse, unauthorised access and disclosure and by ensuring that appropriate technical measures are in place to protect personal data. 

We use your personal data for the following purposes - 
1. To maintain accounts and records
2. Processing orders and quotations
3. Purchases of good, entering into a contract

Your personal data will be treated as strictly confidential and will not be sold on for marketing purpose and will be kept for no longer than reasonably necessary.

DATA SECURITY

To prevent unauthorised access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.

Although the Organisation cannot guarantee that any loss, misuse or alteration of data will not occur; every effort is made to prevent such occurrences. Any other particularly sensitive information, such as payment details collected for commercial transactions, is encrypted prior to transmission by you.

The use of Newsgroups or Forums/Chat, either within the website or on the Internet, is at your own risk. This may result in you receiving unsolicited messages from other parties who have picked up your details from such services.

THIRD PARTY ADVERTISING

Information about your visit to the Website, such as the number of times you have viewed a particular advertisement (but not information about you, such as your name, address or any other personal information) may be used by the Proprietor to decide which advertisements to serve to you.

In the course of serving advertisements to you, the Proprietor may also use cookie technology but will not use such cookies to collect any personally identifiable information about you.

LOG FILES

Like most standard websites, this website uses log files. This information may include internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks to analyse trends, administer the site, track user’s movement in the aggregate, and gather broad demographic information for aggregate use. However, none of the information stored in the log files, including but not limited to IP addresses, is linked to personally identifiable information.

YOUR RESPONSILIBILITES

Where applicable, you are responsible for the security of your account details and passwords. Make sure you keep it in a safe place and do not share it with others.

Always remember to log out after your session ends, to ensure that others cannot access your private personal information. You should take this precaution even if you are not using a public computer, such as at a library or internet cafe, but even when using your private computer in your home.

PRIVATE COMMUNICATIONS

It is our policy to respect the privacy of private communications. We will not intentionally inspect the contents of private communications sent or received using the website except as required or permitted to do so by law.

CHILDREN

We do not specifically collect information about children and believe that children should always get the consent of their parents before giving out any personal information. We recommend that parents actively participate and where possible monitor their children’s use of the website.

Protecting the privacy of the very young is especially important. For that reason, we never collect or maintain information at our website from those we actually know are under 13.

CHANGES TO THE PRIVACY POLICY

We may need to amend the Privacy Policy from time to time. Any such amendment will take effect as soon as it is posted on the website. You are therefore encouraged to familiarise yourself with the Privacy Policy on a regular basis.

DATA DISCLOSURE AND ACCORDANCE WITH THE LAW

We may need to disclose your data to appropriate persons where required or permitted by law (for example, to law enforcement authorities in relation to the investigation of a suspected criminal offence).

SERVICE ANNOUNCEMENTS

On rare occasions it is necessary to send out a strictly service related announcement, if, for instance, a service is temporarily suspended for maintenance. Generally, users may not opt-out of these communications. However, these communications are not promotional in nature.

LEGAL DISCLAIMER

Though every effort is made to preserve your privacy, the Organisation may need to disclose personal information when required to by law. If it is deemed necessary that such action needs to be taken, the Organisation will comply with judicial proceedings should a court order or legal process be served.

The website contains links to other sites. Please be aware that the Organisation is not responsible for the privacy practices of such other sites. You are encouraged to read the privacy statements of each and every website that collects personally identifiable information. The Privacy Policy as described herein applies solely to information collected by the Organisation.

The Terms and Conditions as set out below are taken as accepted by you by continuing to access this Website including placing an order. If you do not agree to be bound by these Terms and Conditions you may not use this website and any service contained within.

At the time of purchase please use the print icon on the right to print out these terms and conditions as they may change later. If print is not available use your system’s cut and paste to save a copy as a text file,

1. GLOSSARY OF TERMS

In this Agreement the following terms shall have the following meanings unless the context otherwise requires. Reference in this Agreement to the masculine shall include the feminine and any reference to the singular shall include the plural.

“Proprietor” includes Born To Lawn Ltd or any party acting on the instructions of Born To Lawn Ltd.

“We”, “Us”, “Our” and “Organisation” includes the Proprietor, Website Administrator of the Proprietor, Born To Lawn Ltd or any party acting on the Proprietor’s instructions.

“You”, “Your”, “User” and “Customer” includes the person using the website.

“Service” and “Services” means the providing of website services and website connectivity, or any other services of the Organisation.

“Agreement” means any contract for the provision of Services by the Organisation to the Customer or User which incorporates these Conditions.

“Intellectual Property Rights” means all or any registered or unregistered intellectual property rights in any part of the world, including but not limited to patents, design rights, copyrights, topographical rights, know-how, rights in inventions and ideas and rights to confidence together with any right to apply for any such intellectual property rights and the benefit of any applications for any such intellectual property rights.

“Above the fold” means the portion of any web page first viewed in the window of a browser when accessed and viewable without the need to scroll down the page.

“Home or Index Page” means the first page of any web site that is accessed by a user entering the domain name address of that site.

“Meta Tags” means the Hypertext Markup Language (HTML) coding used by web sites to aid indexing by search services by listing selected keywords in order to display those pages when a user enters such keywords into a search service.

“Web Domain Name Address” or “URL” means the text representation of a unique numerical address using the Internet Protocol address system.

“Product” means a product displayed for sale on our website.

“Working Day” means a day other than a Saturday or Sunday on which the Clearing Banks in the United Kingdom are open to the public for the transaction of business.

2. HEADINGS

2.1 The headings in this Agreement are for convenience only and shall not affect the interpretation of these Conditions.

3. OUR WEBSITE

3.1 Your use of this website and any service contained within constitutes acceptance of these Terms & Conditions.

4. LICENCE

4.1 The Organisation grants you a license to access the content, information and services contained within our website.

4.2 This license allows you to download and cache (using your browser) individual pages from our website.

4.3 This license does not allow you to download and modify individual pages or substantial parts of our website nor to make our website available via an intranet, where our website or a substantial part of it is hosted locally on the intranet in question.

4.4 Our website design, layout, content or text cannot be copied, edited or otherwise manipulated without our express prior written permission.

4.5 Our website shall not be placed within the frame-set of another site.

4.6 You are not allowed to link to pages within our website, other than the main index page, without our express prior written permission. All links (unless expressly permitted by us) should be to the main index page of our website. Furthermore, the content of such links, whether graphic or text should not be misleading, false, derogatory or in any other way offensive.

5. PROVISION OF SERVICES

5.1 Chat, Newsgroups & Forums

5.1.1 The Organisation is not responsible for any material submitted to the public areas by you (which include bulletin boards, hosted pages, chat rooms, or any other public area found on the website). Any material (whether submitted by you or any other user) is not endorsed, reviewed or approved by the Organisation. The Organisation reserves the right to remove any material submitted or posted by you in the public areas, without notice to you, if it becomes aware and determines, in its sole and absolute discretion that you are or there is the likelihood that you may, including but not limited to:

a. defame, abuse, harass, stalk, threaten or otherwise violate the rights of other users or any third parties

b. publish, post, distribute or disseminate any defamatory, obscene, indecent or unlawful material or information

c. post or upload files that contain viruses, corrupted files or any other similar software or programmes that may damage the operation of the Organisation’s and/or a third party’s computer system and/or network

d. violate any copyright, trade mark, other applicable Great Britain or international laws or intellectual property rights of the Organisation or any other third party

e. submit contents containing marketing or promotional material which is intended to solicit business

6. USERNAMES, PASSWORDS AND PERSONAL DATA

6.1 When you shop on our website, we will collect information about you such as your name, e-mail, address, telephone number and products purchased. Except if you contact us by telephone or purchase in person at our shop, your credit card and most other information related to payment will be collected by PayPal. These details will be subject to their terms and conditions and not known to us.

6.2 You must ensure that your username(s) and password(s) used in connection with the Services are kept confidential and are only used by authorised users. You must inform us immediately if you know or suspect that your username(s) or password(s) or other details have been disclosed to an unauthorised user or is being used in an unauthorised way.

6.3 We may:

a. suspend your username(s) and password(s) if at any time we think that there is or is likely to be a breach of security; and

b. ask you to change any password(s).

6.4 You must provide accurate information in your online registration form and inform us immediately if there are any changes to that information.

6.5 You accept and acknowledge that the Services, like other Internet applications, are not secure and we do not guarantee the prevention or detection of any unauthorised attempts to access the Services.

6.6 The Services provided to you hereunder and your account with us cannot be transferred or used by anyone other than you. No more than one log-in session under any one account may be used at any time by you. If you have multiple accounts, you are limited to one login session per system account at any time; user programs may be run only during log-in sessions. If your account is found to have been transferred to another party, or shows other activity in breach of this sub clause, we shall have the right to cancel the account and terminate the Services and/or this Agreement immediately.

6.7 We will not use your personal data for marketing other Organisation products and services or any third party products and services without having given you the opportunity to opt out of such marketing opportunities.

6.8 You are responsible for maintaining your own username and password, where required to access your customer or user account. You should ensure that you store your username and password securely and that the details required to access your customer or user account are not provided to another party.

6.9 By registering for the Services you consent to our using and/or disclosing your personal information for the following purposes:

a. to selected third parties for the purposes of providing and operating the Services, and providing, or arranging for third parties to provide, any additional services you request from us

b. as required or permitted by law from time to time

7. ELECTRONIC PURCHASING

7.1 The steps in creating a purchase contract between us are as follows

a. By clicking the confirm order button at the end of the checkout process on our website you place the order for your products.

b. We will send to you an order acknowledgement email detailing the products ordered. The order acknowledgement is not an order confirmation and does not imply that Arcade Flowers has accepted your order.

c. If your order is delivered by hand the contract between us will be deemed to be concluded at the time the product is delivered.

d. If your order is delivered by other means such as courier or post, the contract between us will be deemed to be concluded at the time the product is despatched from our shop at which time we will send you a despatch confirmation email.

f. In the event that we do not accept your order we will notify you of this by email. This may be the result of

(i) The product being unavailable.
(ii) Non-authorisation for your payment.
(iii) A pricing error or product description error.
(iv) You not meeting the eligibility to order criteria set out in the main Terms & Conditions.

7.2 Please note that you are entitled to cancel this contract if you so wish under the Distance Selling Regulations provided that you exercise your right and notify us no longer than 7 working days after the day on which you receive the Products.

7.3 If you cancel this contract under the Distance Selling Regulations after your order has already been delivered or despatched, provided that you notified us in writing no longer than 7 working days after the day when you received the Products, and you have taken reasonable care of the Products and not used them, we will refund the purchase price and delivery charge. Please contact us by telephone on 01425 471037 should you wish to cancel.

7.4  We reserve the right to make a charge to cover the collection cost.

7.5 Please note that your right under the Distance Selling Regulations to return Products does not apply to

a. Goods made to meet your specification
b. Perishable goods such as flowers and food
c. Unsealed recording media such as DVDs and CDs, software or videos

7.6 We will amend or cancel an order placed for flowers or gifts up to 12 noon on the day before the scheduled delivery date requested by you. In this case you would have to notify us on the Saturday prior to a Monday delivery.

7.7 Each Product is purchased subject to any additional specific terms included in the product description on our website.

7.8 In the case of flowers and plants, we retain the right to make substitutions of equal or greater quality and value. We take care to ensure that all details of Products appearing on our website are correct and up to date, but cannot guarantee that Products are available at all times as described. We will confirm the price of a Product when accepting your order as described elswhere in these terms and conditions.

7.9 Please note that all prices quoted are inclusive of UK VAT where appropriate.

8. WEBSITE LINKING

8.1 The Proposing party (You), wishes to link to the home or index page of the Accepting party (the Organisation). The parties therefore agree as follows:

a. The Proposing party shall only link to the home or index page of Accepting party’s web site and shall not at anytime link directly to any other page accessible through that web site so as to by-pass the home or index page without the express prior written approval of the Accepting party.

8.2 The parties further agree to the following:

a. That a link from the Proposing party web site to the Accepting party web site shall be in a form agreed between the parties, whether by means of a graphic or text link.

b. Any graphic link should use the graphic supplied by the Accepting party, such graphic to be supplied in a format suitable for display on a web page. Should the graphic not be supplied in a suitable format the parties agree that the Proposing party shall have permission to render the graphic into a suitable previously agreed format.

c. Such graphic shall be of a reasonable file size and shall not exceed the file size or display dimensions of any other graphics displayed on the same web page. The graphic shall be displayed in the same or similar display dimensions to any other graphics used for linking to a third party site as displayed on the same web page.

d. Furthermore the graphic shall not be displayed in a manner that distorts the dimensions or colours of the graphic so as to render it difficult to view or in the case of a logo, which dilutes the identity of the logo owner or could cause confusion to the public.

e. Any graphic shall also be coded with a text alternative (“img alt”) tag using Hypertext Markup Language (HTML) or other computer language coding producing the same result in the format of the Accepting party web site, or such other text alternative as may be agreed between the parties.

f. Any text link shall be displayed in a font in keeping with the look and feel of the Proposing party web site and shall be displayed in a font size no smaller than any other text link to another third party web site as displayed on the Proposing party web site. The content of such a text link shall consist of the words of the Accepting party web site address, or such other text link as may be agreed between the parties that accurately inform the user that they will be transferred to the Accepting party’s web site.

g. Wherever possible all links from shall be placed above the fold on any web page on which they are displayed.

8.3 In recognition that the actions listed below would impact upon the value and goodwill associated with the Accepting party’s web site, the Proposing party agrees not to do the following without the express prior written approval of the Accepting party:

a. Use the Accepting party’s name or Web Site Domain Address in keywords contained within the Meta Tags of any web page or referred to or repeated in the coding of any web page on the Proposing party’s web site; or

b. Register the Accepting party’s Web Site Domain Address or any similar sounding or similarly spelt Web Domain Name Address or any combination of the Accepting party’s web site as keywords with any search engine or directory; or

c. Refer to Accepting party’s Web Site Domain Address in any promotional material including press releases.

8.4 The named “Proposing party” and “Accepting party” in this Agreement shall include their replacements or such other party as may be appointed from time to time to manage such links.

8.5 Where required under this Agreement a request seeking prior written approval shall be correctly delivered where sent via email, fax or ordinary post.

9. COMPLAINTS

9.1 We endeavour to respond to all user complaints or queries within five working days.

10. GENERAL PROVISION

10.1 Please read the terms and conditions carefully.

10.2 If either party delays in acting upon a breach of this Agreement that delay will not be regarded as a waiver of that breach. If either party waives a breach of this Agreement that waiver is limited to that particular breach.

10.3 You are solely responsible for the content of any postings, data or transmissions using the Services or any other use of the Services by You or by any person or entity.

10.4 You represent, undertake and warrant to Us that neither You or any person or entity will use the Services for illegal, disruptive or objectionable purposes.

10.5 You will not use the Services in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will You authorise or permit any other person to do so.

10.6 You will not upload, post, link to or transmit:

a. any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, blasphemous, profane or otherwise objectionable in any way.

b. any material containing a virus or other hostile computer program.

c. any material which constitutes, or encourages the commission of, a criminal offence or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction.

10.7 You will not use the Services in any manner which interferes with, or disrupts, other network users, services or equipment including, without limitation, unsolicited advertising or chain letters, inappropriate news group or forum posts, wrongly impersonating another user and falsifying one’s network identity.

10.8 If We have reasonable grounds to believe that You are or have been utilising the Services for any such illegal, disruptive or objectionable purpose, We may immediately, without prior notice to You:

a. Suspend the Services.

b. Terminate this Agreement.

c. Amend, remove or prevent access to the offending material or content.

11. WAIVER

11.1 Failure by the Organisation to enforce any accrued rights under these Terms & Conditions is not to be taken as or deemed to be a waiver of those rights unless we acknowledge the waiver in writing.

12. LIMITATION OF LIABILITY

12.1 Nothing in this Agreement excludes either party’s liability with respect to death and personal injury resulting from the negligence of that party, its employees, agents or subcontractors or for fraudulent misrepresentation or under the tort of deceit.

12.2 Neither party will be liable to the other under this contract for any loss or damage caused by it or its employees or agents in circumstances where such loss or damage is not a reasonably foreseeable result of any such breach or any increase in loss or damages results from breach by the party suffering loss of any terms of this Agreement. Further, our liability shall not in any event include losses related to your business such as loss of data, loss of profits or business interruption.

12.3 Our liability to you in contract, tort, negligence or otherwise arising out of or in connection with this Agreement shall for any one incident or series of related incidents be limited to the value of the annual Fees paid (or payable) by you to us in the calendar year in which the liability first arose.

12.4 The Organisation shall not be liable for delay or failure to perform any obligation under these Terms & Conditions if the delay or failure is caused by any circumstances beyond our reasonable control, including, but not limited to, acts of god, war, civil disorder or industrial dispute.

13. INDEMNITY

13.1 You shall indemnify Us and keep Us indemnified and hold Us harmless from and against any breach by You of these terms of business and any claim brought against Us by a third party resulting from the provision of Services by Us to You and Your use of the Services (including use without Your consent) including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses including reasonable legal costs and expenses, howsoever suffered or incurred by Us in consequences of Your breach or non-observance of any of the terms of this Agreement.

14. FORCE MAJEURE

14.1 Neither party will be liable to the other for any failure to deliver the Services or for any breach by it of this Agreement, where such failure or breach is due to a reason outside the reasonable control of such party, including, but not limited to, failure of a third party telecommunications provider, lightning, exceptionally severe weather, fire, explosion, war, riots, industrial disputes, acts of terrorism, government action or regulation or national or local emergency.

15. DISCLAIMER

15.1 The Organisation shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party, as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, your personal information or material and information transmitted over our system. In particular, neither the Organisation nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.

16. LAW

16.1 These Terms & Conditions shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts. Your statutory rights are unaffected.

17. CHANGES TO THE TERMS AND CONDITIONS

17.1 We may change the terms of this Agreement (including any Fees) at any time and without notice.

18. SEVERABILITY

18.1 If any part, term or provision of this Agreement is held to be illegal or unenforceable, the validity or enforceability of the remainder of this Agreement will not be affected.

19. ENTIRE AGREEMENT

19.1 These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between Us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between Us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, You confirm that You have not relied on any representation other than those expressly stated in these terms and conditions and You agree that You shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.

20. COPYRIGHT NOTICE

20.1 All content, databases, graphics, buttons, icons, logos, layouts and look and feel are the copyright of the Organisation or others contributing to the content or structure of the site, unless expressly acknowledged as otherwise.

20.2 In accessing these web pages, you agree that any downloading of content is for personal, non-commercial reference only. No part of this web site may be reproduced or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without prior permission of the Organisation.