Terms of Service

These Terms of Service ("Terms") govern your use of the Fill My Garden platform operated by Fill My Garden Ltd ("Fill My Garden", "we", "us", or "our"). By accessing or using the platform, you agree to be bound by these Terms.

Definitions

• "Platform" — The Fill My Garden website, application, and all related services available at fillmygarden.co.uk and associated subdomains and custom domains.
• "Store" — An online storefront created and managed by a Business User on the Platform.
• "Business User" — A garden centre, nursery, or other horticulture business that uses the Platform to sell products online.
• "Customer" — An individual who browses, purchases, or otherwise interacts with a Store on the Platform.

Please read these Terms carefully. If you do not agree with them, you should not use the Platform.

To use the Platform, you must:

• Be at least 18 years of age
• Provide accurate, complete, and current information during registration
• Keep your account credentials secure and confidential

Business Users

To register as a Business User, you must be a UK-based business engaged in the sale of horticultural products, garden supplies, or related goods. You must provide valid business details, including your company name, registered address, and Companies House registration number (if applicable).

Account Security

You are responsible for all activity that occurs under your account. You must notify us immediately at support@fillmygarden.co.uk if you become aware of any unauthorised use of your account. We are not liable for any loss arising from unauthorised access to your account where you have failed to maintain the security of your credentials.

Fill My Garden provides a software-as-a-service (SaaS) eCommerce platform that enables Business Users to create and manage online stores for selling horticultural products. The Platform includes:

• Branded online storefronts with custom domain support
• Product catalogue and inventory management
• Order processing and fulfilment tools
• Stripe Connect payment integration
• Customer management and communications
• Analytics and reporting

Availability

We aim to maintain 99.9% platform uptime but do not guarantee uninterrupted access. We may occasionally carry out scheduled maintenance, during which the Platform may be temporarily unavailable. We will endeavour to provide advance notice of planned maintenance where possible.

No Sales Guarantees

Fill My Garden provides the tools and infrastructure for selling online. We do not guarantee any particular level of sales, traffic, or revenue for Business Users. The success of your online store depends on many factors outside our control, including product quality, pricing, and marketing efforts.

Product Listings

Business Users are solely responsible for the accuracy, legality, and completeness of their product listings, including descriptions, images, prices, and availability. All listings must comply with applicable UK law, including the Consumer Rights Act 2015 and the Consumer Protection from Unfair Trading Regulations 2008.

Order Fulfilment

Business Users are responsible for fulfilling all orders placed through their Store in a timely manner, in accordance with the delivery timeframes and methods advertised. Business Users must handle customer complaints, returns, and refunds in compliance with the Consumer Rights Act 2015.

Stripe Connect

Payments are processed through Stripe Connect. By using the Platform, Business Users agree to Stripe's Connected Account Agreement and Privacy Policy. Fill My Garden facilitates the payment process but is not a party to the transaction between the Business User and the Customer.

Compliance

Business Users must comply with all applicable laws and regulations in connection with their use of the Platform, including consumer protection law, plant health regulations, and data protection legislation.

Contract with the Garden Centre

When you purchase products through a Store on the Platform, your contract of sale is with the garden centre or nursery operating that Store — not with Fill My Garden. We provide the technology platform but are not a party to the sale. Any issues with products, delivery, or returns should be directed to the relevant garden centre in the first instance.

Consumer Rights

As a Customer, you benefit from the protections of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, including:

• A 14-day cooling-off period for most online purchases, starting from the day you receive your goods
• The right to a full refund if you cancel within the cooling-off period (you may need to cover return delivery costs)

Exceptions to the Cooling-Off Period

Certain products are exempt from the 14-day cancellation right, including:

• Perishable goods — Live plants, cut flowers, and other perishable items that may deteriorate or expire rapidly
• Sealed goods — Items that are not suitable for return due to health protection or hygiene reasons, where the seal has been broken
• Custom or personalised items — Products made to your specification

Each garden centre's specific returns policy will be displayed on their Store.

Subscription Fees

Business Users pay a monthly or annual subscription fee to use the Platform, as set out in our current pricing. Subscriptions are billed in advance and are non-refundable except where required by law.

Payment Processing Fees

Stripe charges payment processing fees on each transaction. These fees are deducted automatically from the payment before it reaches the Business User's bank account. Current Stripe fees are displayed in the Platform dashboard.

VAT

All prices quoted to Business Users are exclusive of VAT unless stated otherwise. VAT will be added at the applicable rate. Fill My Garden Ltd is registered for VAT in the United Kingdom.

Price Changes

We reserve the right to change our subscription fees and platform charges. We will provide at least 30 days' written notice of any price increases. If you do not agree to a price change, you may cancel your subscription before the new pricing takes effect.

Your Content

You retain ownership of all content you upload to the Platform, including product images, descriptions, blog posts, and store branding. By uploading content, you grant Fill My Garden a non-exclusive, worldwide, royalty-free licence to use, display, and distribute that content solely for the purpose of operating and promoting the Platform.

Fill My Garden IP

The Platform, including its design, code, features, branding, and documentation, is the intellectual property of Fill My Garden Ltd. You may not copy, modify, distribute, or reverse-engineer any part of the Platform without our written permission.

Shared Plant Database

Fill My Garden maintains a shared plant database that Business Users may use to populate their product catalogues. This database is proprietary to Fill My Garden and may not be exported, scraped, or used outside the Platform.

You must not use the Platform to:

• List or sell illegal products, including controlled substances, prohibited plant species, or invasive non-native species as defined by UK law
• Provide misleading or false product descriptions, including incorrect botanical names, health claims, or provenance information
• Scrape, crawl, or harvest data from the Platform or its stores without express written permission
• Breach plant health regulations, including the Plant Health (England) Order 2015, the Plant Health (Forestry) Order 2005, or equivalent legislation in Scotland, Wales, and Northern Ireland
• Engage in any activity that could damage, disable, or impair the Platform or interfere with other users' access
• Use the Platform for any purpose that is unlawful, fraudulent, or harmful
• Resell or sub-license access to the Platform without our written consent

We reserve the right to suspend or terminate accounts that breach these terms.

Fill My Garden is committed to protecting personal data in accordance with the UK GDPR and the Data Protection Act 2018.

• As a data controller — We are responsible for personal data collected directly through the Platform (e.g. account registrations, platform analytics).
• As a data processor — We process personal data on behalf of Business Users (e.g. customer order data). Business Users remain the data controller for their customers' data and must ensure they have appropriate privacy notices and legal bases in place.

For full details on how we collect, use, and protect your data, please see our Privacy Policy.

To the fullest extent permitted by law:

• Our total liability to any Business User arising out of or in connection with these Terms shall not exceed the total fees paid by that Business User to Fill My Garden in the 12 months preceding the claim.
• We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, or business opportunity, whether arising in contract, tort, or otherwise.

Statutory Exceptions

Nothing in these Terms excludes or limits our liability for:

• Death or personal injury caused by our negligence
• Fraud or fraudulent misrepresentation
• Any other liability that cannot be excluded or limited under applicable law

Fill My Garden is not liable for the products sold by Business Users, the accuracy of their listings, or any disputes between Business Users and Customers.

Termination by You

You may close your account or cancel your subscription at any time by providing 30 days' written notice via the Platform dashboard or by emailing support@fillmygarden.co.uk. Your subscription will remain active until the end of your current billing period.

Suspension and Termination by Us

We may suspend or terminate your account if:

• You breach these Terms and fail to remedy the breach within 14 days of notification
• You engage in activity that poses a risk to the Platform, other users, or our reputation
• You fail to pay subscription fees when due
• We are required to do so by law or regulation

Data Export

Upon termination, Business Users will have a 30-day period to export their data (product listings, order history, customer data) from the Platform. After this period, we may delete your data in accordance with our data retention policies.

Informal Resolution

If you have a dispute with Fill My Garden, we encourage you to contact us first at support@fillmygarden.co.uk so we can try to resolve the matter informally. Most issues can be resolved quickly through direct communication.

Mediation

If we are unable to resolve a dispute informally within 30 days, either party may refer the dispute to mediation administered by a mutually agreed mediator before commencing legal proceedings.

Governing Law

These Terms are governed by and construed in accordance with the laws of England and Wales. Any legal proceedings shall be brought in the courts of England and Wales.

Online Dispute Resolution

If you are a consumer, you may also use the European Commission's Online Dispute Resolution (ODR) platform, available at ec.europa.eu/consumers/odr. Please note that the UK is no longer part of the EU ODR scheme, but this link is provided for reference for any EU-based customers.

• Entire agreement — These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Fill My Garden regarding your use of the Platform.
• Severability — If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
• Waiver — Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
• Force majeure — We shall not be liable for any failure or delay in performing our obligations where such failure or delay results from circumstances beyond our reasonable control, including but not limited to natural disasters, pandemics, utility failures, or government actions.
• Assignment — You may not assign or transfer your rights under these Terms without our written consent. We may assign our rights and obligations without restriction.

If you have any questions about these Terms of Service, please contact us:

• Email: support@fillmygarden.co.uk
• Address: Fill My Garden Ltd, [Registered Address], United Kingdom
• Companies House: [Company Registration Number]