Terms of Service
Terms and Conditions for Garden Design Services
1. Definitions
Client: The party instructing the Designer and responsible for all payments, unless otherwise agreed in writing prior to commencement. Unless stated otherwise, the Client is assumed to be the legal owner of the property at the address provided.
Designer: Blue Gerbera Horticulture Ltd, responsible for delivering the design services as described in the accompanying Contract and Quotation.
2. Statutory Rights
Nothing in these Terms and Conditions shall affect the Client’s statutory rights as a Consumer under UK law.
3. Construction (Design and Management) Regulations 2015 (CDM)
All requirements relating to the CDM Regulations 2015 will be identified and managed within the Contract documents, and designated within the project CDM Plan, which forms part of the Quotation and must be read in conjunction with it.
For CDM purposes, the Designer shall act as Principal Designer during the design phase. This responsibility ends upon completion of the design works, at which point CDM responsibilities revert to the Client unless or until a Principal Contractor is appointed.
4. Access & Information
The Client will provide the Designer with necessary access to the site for the purposes of surveying and site evaluation. The Client must inform the Designer in writing of any relevant matters concerning the property, including boundary disputes, neighbour issues, or other site-related concerns that may affect the project.
5. Instruction & Payment
Works to be performed by the Designer will be as stated in the Quotation. Payment for each stage is as outlined and is due prior to commencement of the following stage.
6. Engagement of Specialist Experts
Any specialist consultants (e.g., structural engineers, surveyors) required for surveys or technical/legal aspects of the project will be appointed and paid directly by the Client. This ensures clarity of responsibility between the Client and the specialist.
7. Additional Works and Disbursements
Any works outside the agreed scope (including, but not limited to, research into materials, sourcing samples, or additional resourcing) will be treated as Additional Works and will be subject to separate charges, including any travel or other disbursements.
8. Variations
On completion of each stage or section of the project, the Client will confirm acceptance in writing. Any subsequent alterations, additions, or reductions to completed sections will be treated as Additional Works or Variations and charged at the rates shown in the Quotation.
9. Underground Hazards
The Designer is not responsible for damage to, or costs associated with, underground hazards, obstructions, or services not made known in writing or not apparent from visual inspection before commencing design work.
10. Legal & Statutory Permissions
The Client is responsible for obtaining any required licences, permits, planning permissions, or similar legal requirements, unless such responsibility is expressly assigned to the Designer within the Contract or CDM Plan.
11. Insurance
The Designer will maintain all necessary insurance for the duration of the project, including Public Liability, Employer’s Liability, and Professional Indemnity cover.
12. Additional Site Services
Upon completion of the design phase, the Designer’s CDM responsibilities as Principal Designer cease. Any further involvement—such as planting or site supervision—will be subject to separate written agreements, with clearly defined roles as Supervisor or Contractor.
13. Limitation of Liability
The maximum value of any claim against the Designer is limited to the total fees paid by the Client to the Designer at the time the claim is made.
14. Governing Law
This Contract and all associated Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales.
Privacy Policy
Effective date: July 2025
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1. Who We Are
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PLANT25 and SketchUp for Garden Design are products of Blue Gerbera Horticulture Ltd ("we", "us", or "our"), a company registered in England and Wales (Company Number: 10094017).
Registered Office: 12 Walden Way, Hornchurch, Essex, RM11 2LB.
We are committed to protecting your privacy and complying with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.
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If you have any questions, contact us at:
Email: enquiries@sketchupforgardendesign.com
Phone: +44 1376 431781
2. What Data We Collect
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We may collect and process the following types of information:
Personal Identification Information: Name, email address, postal address (if provided), Paddle transaction details (but not your full payment card or bank details).
Technical Data: IP address, browser type, device information, operating system, usage data, and referring URLs.
Software Usage Data: License key activations, product version, usage logs, and error/crash reports (where relevant and anonymised).
Support Correspondence: Emails or messages you send to us regarding support, feedback, or queries.
Mailing List Data: If you join our mailing list, we will store your email address and (if provided) your name.
3. How We Use Your Data
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We use your data to:
Fulfil your order, provide and activate your PLANT25 license, and deliver software updates.
Manage customer support queries.
Communicate with you regarding your purchase or account.
Improve our website, software, and services.
Meet our legal obligations (such as accounting or responding to lawful requests).
Send important notifications about updates, security, or service changes.
Mailing List: If you have joined our mailing list, we use your email address to send you updates, news, offers, and relevant content about our products and services. You can unsubscribe at any time via the link in our emails or by contacting us directly.
4. How We Share Your Data
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Payment Processing:
All payments for PLANT25 are processed by Paddle.com Market Limited ("Paddle"). Paddle acts as our Merchant of Record and handles all payment information securely. We do not store or process your payment card or bank details.
Mailing List Providers:
If you join our mailing list, your email address (and name, if provided) may be stored with our trusted email marketing provider for the purpose of sending newsletters. We ensure these providers comply with data protection laws and protect your information.
Service Providers:
We may use trusted third parties for services such as email delivery, hosting, or analytics. These providers may only use your data to provide the relevant service and must protect it under contractual obligations.
Legal Compliance:
We may disclose information if required to comply with legal obligations, enforce our terms, or protect rights, property, or safety.
5. Data Security & Retention
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We take appropriate security measures to protect your data from unauthorised access, loss, misuse, or alteration.
Your data is stored in secure environments, often within the UK or EEA. If data is transferred outside the UK/EEA, we ensure appropriate safeguards are in place.
We retain your data only as long as necessary for the purposes stated in this policy, or as required by law (e.g., tax/accounting regulations).
6. Cookies & Tracking
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Our website (www.bluegerbera.co.uk may use cookies or similar tracking technologies for site functionality, analytics, or to remember your preferences. You can manage or block cookies via your browser settings. For more information, see our Cookie Policy (if you have one).
7. Your Rights
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Under UK data protection law, you have the right to:
Access the personal data we hold about you.
Request correction of inaccurate or incomplete data.
Request erasure of your data, where applicable.
Object to or restrict processing of your data.
Withdraw consent at any time, where processing is based on consent (e.g., marketing).
Request data portability.
Lodge a complaint with the Information Commissioner’s Office (ICO) at www.ico.org.uk.
To exercise any of these rights, please contact us at:
Email: enquiries@sketchupforgardendesign.com
Phone: +44 1376 431781
8. Paddle and Consumer Protections
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Paddle processes all payments for PLANT25 as our Merchant of Record. As part of this, Paddle provides additional buyer protections, including secure payment handling and support for resolving payment-related disputes, in accordance with consumer law. If you believe your issue has not been satisfactorily resolved, you may also contact Paddle’s support directly at help@paddle.com.
9. Changes to This Policy
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We may update this privacy policy from time to time. Changes will be posted on our website and, where appropriate, notified to you by email.
10. Contact Us
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If you have any questions about this privacy policy or your data, please contact:
Blue Gerbera Horticulture Ltd
Company Number: 10094017
Registered Office: 12 Walden Way, Hornchurch, Essex, RM11 2LB
Email: enquiries@sketchupforgardendesign.com
Phone: +44 1376 431781
By using our website or purchasing PLANT25, you acknowledge that you have read and understood this Privacy Policy.
Blue Gerbera Horticulture Ltd
7 The Street
White Notley
Essex
CM8 1RQ
Tel. 01376 431781 / 07903 654279
Email: enquiries@bluegerbera.co.uk
Web. bluegerbera.co.uk
Reg Co. 10094017
