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Which? Gardening: Terms and Conditions

These terms apply to anyone using Which? Gardening. They apply in addition to the Which? general terms and Privacy Notice, so please take the time to read these because you should not use the Which? Gardening service unless you agree to them. Your subscription covers just you, and does not extend to any family members and partners who are living at the same address.

  1. Your Which? Gardening membership gives you;

    1. access to our 10 annual 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 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 below for limitations on the scope of queries the gardening advice phone service can answer);
    4. access to our gardening advice website which includes an easy to use online hub providing guidance, support and learning; and
    5. 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

    We will try and provide your membership details (membership number) as soon as possible after your membership has been processed.

  3. Paying for your Which? Gardening membership

    1. You will need to pay £5 (the "Fee") per month for a 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).
    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. You should receive your first copy of the Which? Gardening magazine within 7 working days of signing up.
  4. Cancellation

    1. You may cancel your membership at any time during the first 14 days of your membership by emailing which@which.co.uk or calling us on 01992 822852. If you cancel your membership within the first 14 days you will be entitled to a full refund of the Fee unless you used our service before the 14 days expired. If so, you’ll be refunded the first month’s subscription payment you made, minus an amount for the number of days your subscription had been running up to when you cancelled.
    2. You can use the template model cancellation form which can be found here.
    3. You can cancel your membership at any time by email us at which@which.co.uk or calling us on 01992 822800 and your cancellation will take effect from the day before your next payment would have been due, unless you request an earlier date.
  5. Data Protection

    In accordance with Which?'s Privacy Notice, the information you supply will only be used by Which? and for the purposes stated and will not be passed to any third party for marketing. Any records we keep in relation to the session will only be kept for a limited time in line with the above policy.

  6. The Email Advice Service

    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”).

    1. 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).

      We reserve the right not to answer questions you may send to us, and will not respond if we determine that your email contains abusive, offensive, inappropriate or non-gardening related content.

  7. The Call-Back Service

    1. What we can do

      The Call-Back Service is a once-a-month advice line allowing Which? Gardening members to ring us and book an appointment for one of our advisers to call back. The next monthly slot will be communicated in the Which? Gardening magazine. When you ring us we will try to fit you in for an appointment to suit you on the relevant date.

      When our adviser calls you back, you may ask questions and we will try to provide you with information and guidance in relation to your personal (non-business and non-commercial) gardening queries whilst we have you on the phone.

      If we are unable to answer your queries on the phone, we may suggest for you to submit a Request to the Email Advice Service, or call you back at a later date. We reserve the right not to answer questions you may ask us on the phone, and terminate the call at any time.

    2. What we can’t do

      We are unable to:

      1. arrange more than one call-back slot with you per month;
      2. guarantee that we will be able to fit you in for an appointment with an adviser in the next slot, or that we will be able to call you back at a time of your choosing;
      3. provide 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);
      4. give advice relating to non-gardening related products and services; and
      5. advise you in relation to any other service that is unrelated to private non-commercial use of gardening (including the use of equipment or services).
  8. Your use of the Which? Gardening service

    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.
  9. 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. 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
      8. any additional circumstances set out in our general terms.
  10. 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. is defamatory, obscene or offensive; or
      5. is 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.
  11. 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 9 (a) vii 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. Where we cannot advise you due to a conflict of interest, you will be entitled to a full refund.

    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 cannot guarantee that we will be able to provide duplicate copies of the Guidance we have provided to you.

      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 but this does not affect any right or remedy of a third party which exists or is available apart from that Act.

    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 with 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 (on 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 01992 822 800. Our offices are open Mon to Fri, 8.30am to 6pm and Sat, 9am to 1pm.

    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 will make these changes by publishing them online at: try.which.co.uk/gardening-membership

      We suggest that you check this page regularly but if we think the changes are likely to be important to you, we shall 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.
    12. The promoter is Which? Limited, a company registered in England & Wales (company number 00677665) whose registered office is at 2 Marylebone Road, London NW1 4DF ("Which?").