Terms & Conditions
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Balsam Hill UK. The collective work includes works that are licensed to Balsam Hill UK. Copyright 2015, Balsam Hill UK, ALL RIGHTS RESERVED. Balsam Hill UK does not investigate to determine if such works are accurate nor can Balsam Hill UK provide assurance that all such works are free of typographical errors. Balsam Hill UK cannot guarantee information displayed on the site to be 100% accurate. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Balsam Hill UK or purchasing Balsam Hill UK products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Balsam Hill UK or to purchase Balsam Hill UK products. No mechanised or other systematic process for harvesting information from the web site for any purpose, including without limitation, any commercial purpose, is permitted. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorised by Balsam Hill UK. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of Balsam Hill UK used in the site are trademarks or registered trademarks of Balsam Hill UK.
Website Warranty Disclaimer
THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Balsam Hill UK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Balsam Hill UK DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Balsam Hill UK DOES NOT MAKE ANY WARRANTEES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
PRODUCTS PURCHASED ON THE Balsam Hill UK WEB SITE ARE SOLD SUBJECT TO THE TERMS AND CONDITIONS OF THE LIMITED WARRANTIES SET FORTH ELSEWHERE ON THIS SITE. OUR CURRENT WARRANTY POLICY, WHICH TOOK EFFECT AS OF AUGUST 25, 2011, IS FOUND HERE. FROM TIME TO TIME, Balsam Hill UK MAY AMEND ITS WARRANTIES. Balsam Hill UK MAKES NO FURTHER REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE PRODUCTS, AND, TO THE FULLEST EXTENT PERMITTED BY LAW, HEREBY DISCLAIMS ANY SUCH WARRANTIES, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. APPLICABLE LAW MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PRODUCTS ARE BEING SOLD FOR ORNAMENTAL AND DECORATIVE USE ONLY. THE USE OF PRODUCTS FOR ANY OTHER REASON MAY BE HARMFUL AND/OR ILLEGAL. Balsam Hill UK ASSUMES NO LIABILITY WITH REGARD TO PERFORMANCE OF THE PRODUCTS, OR FOR THE MISUSE OR MISPLACEMENT IN YOUR HOME OF THE PRODUCTS, OR FIRE HAZARDS ARISING OUT OF YOUR USE OF THE PRODUCTS. YOUR ORDERING THE PRODUCTS CONSTITUTES YOUR AGREEMENT WITH AND ACCEPTANCE OF THESE TERMS AND CONDITIONS AND RELEASES Balsam Hill UK FROM ALL LIABILITY.
Shipping & Handling Orders
Balsam Hill UK will ship products according to the shipping & handling option selected by you at checkout. Balsam Hill UK reserves the right to change the shipping options as needed. The receipt of an order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Balsam Hill UK reserves the right, with notification, to limit the order quantity on any item and/or refuse service to any customer. Verification of information may be required prior to the acceptance of any order. By choosing to ship through our network, you agree to allow the courier to leave parcels without signatures at the address provided at the time of purchase.
Limitation of Liability
Balsam Hill UK SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF Balsam Hill UK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
In the event that a Balsam Hill UK product is mistakenly listed at an incorrect price, Balsam Hill UK reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Balsam Hill UK reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Balsam Hill UK shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be modified or terminated by Balsam Hill UK without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall in all events survive any termination of these terms and conditions.
Balsam Hill UK may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Balsam Hill UK.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Balsam Hill UK or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offence, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organisation. Use of the site for any illegal or unauthorised purpose is strictly prohibited. Balsam Hill UK may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers.
You understand and agree that Balsam Hill UK cannot be responsible for the content posted on the site by users and that your use of the site is at your own risk. Balsam Hill UK is under no circumstances liable in any way for any content posted on the site or for any damages of any kind incurred as the result of the use of any content posted or otherwise made available on the site by users.
Balsam Hill UK does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Balsam Hill UK is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Balsam Hill UK reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Balsam Hill UK in its sole discretion.
You agree to indemnify, defend, and hold harmless Balsam Hill UK, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions, any content you post to or make available on the site, or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
You acknowledge and agree that Balsam Hill UK may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these terms and conditions; (c) respond to claims that any content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Balsam Hill UK, Balsam Hill UK users, and the public.
You understand that the technical processing and transmission of the site, including your content, may involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Notwithstanding anything to the contrary in these terms and conditions, with respect to content you submit or make available for inclusion on the site, you grant Balsam Hill UK the permanent world-wide, royalty free and non-exclusive license(s) to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such content on the site for any purpose.
In an attempt to provide increased value to our visitors, Balsam Hill UK may link to sites operated by third parties. However, even if the third party is affiliated with Balsam Hill UK, Balsam Hill UK has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Balsam Hill UK. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Balsam Hill UK seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
Your use of this site shall be governed in all respects by the laws of the state of California , U.S.A. , without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Balsam Hill UK products) shall be in the state or federal courts located in San Francisco, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Balsam Hill UK products) must be commenced within one (1) year after the claim or cause of action arises or be barred forever. Balsam Hill UK's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. These terms and conditions constitute the entire agreement between you and Balsam Hill UK with regard to your use of this site. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Balsam Hill UK may assign its rights and duties under this Agreement to any party at any time without notice to you.
EFFECTIVE 24 May 2018
Balsam International Unlimited Company ("Balsam International") is responsible for, and is the Data Controller of your Personal Data that it receives through the websites www.balsamhill.co.uk, www.balsamhill.fr, www.balsamhill.de, and www.treetopia.co.uk, as well as information you provide in relation to your purchase of our products, service and information requests, and participation in our marketing and promotional activities.
Balsam International shares Personal Data with its affiliate in the United States, Balsam Brands Inc. ("BBI"), which acts as a data processor. Balsam International also shares Personal Data, either directly or through BBI, with its regional operating headquarters based in the Philippines, Balsam International Unlimited – Philippine ROHQ (the "ROHQ"). In both cases, Balsam International and BBI transmit Personal Data only in accordance with contracts and protocols intended to preserve the safety and confidentiality of the Personal Data and ensure that you are able to exercise your rights under the GDPR with respect to that Personal Data.
WHAT INFORMATION DO WE COLLECT AND HOW DO WE COLLECT IT?
We may also collect and process any Personal Data that you volunteer to us in our website’s forms, such as when you sign up for information and newsletters, when you open an account with us (even if you do not purchase anything), enter a contest or sweepstakes, respond to a survey, reply to our direct marketing campaigns (for example, filling out a response card), or participate in another site feature. The information collected and processed may include your name, address, phone number, and email address. You may, however, visit our site anonymously without providing this information.
On the other hand, if you purchase anything from us – whether on our website, over the phone, or through another means –we may collect your billing name, shipping name, billing address, shipping address, phone number(s), email address, and, when necessary, credit card information and date of birth. This information is necessary to process your order. After you have purchased something from us, we may collect sales and services information relating to your purchases, including complaints and claims for warranty services. We may collect this information when you register on our website, place an order, or contact our customer hotlines. Finally, we may – directly or through third party services or websites – collect any reviews that you submit pertaining to our products or services.
HOW DO WE USE YOUR INFORMATION?
We may use the information and Personal Data we collect from you in the following ways:
- To personalize your site experience and to allow us to deliver the type of content and product offerings in which we believe you are most interested, as well as to inform you of new products, services and events.
- To process your order and provide you with customer support, services such as warranties, refunds and product recalls, as well as product delivery.
- To provide you with information about our products and services through email, direct mail, and advertisements that you may see when browsing online (more detail below).
- To administer a contest, sweepstake, promotion, survey or other promotional activities.
- To inform you of updates to, or changes in, our products and services, including changes to our terms and conditions and policies.
- To carry out market research and for product development.
- To conduct analysis of our website’s performance and shopping experience.
- To screen transactions for fraud, and, if necessary, to decline to do business with you if any of your Personal Data has been linked by us or a third-party data processor with fraudulent activity.
- To comply with legal requirements or obligations to law enforcement, regulators and the court service.
The processing of your Personal Data set out above is permitted under the GDPR on the basis of these legal grounds for lawful processing of Personal Data:
- We will use your Personal Data where you have given your affirmative consent to our use of such information. Where your consent is required for the processing of your Personal Data, you will have been presented with a consent form in relation to any such use. You may withdraw your consent at any time by following the instructions set out in the "Your Privacy Preferences" section below.
- We use your Personal Data where necessary to enter into or perform our contract with you. We use also your information where we need to use it to comply with our legal obligations.
- Your information may be used by us to achieve a legitimate interest and our reasons for using it outweigh any prejudice to your data protection rights. Our legitimate interests include promoting our business, preventing fraud, tailoring updates and offers to your profile, and research and development of Christmas trees, holiday decorations, and related products and services. This may include sending you email surveys asking questions about products your purchased, a customer service interaction, or your experience in using our website; these surveys are intended solely to help us improve our products and services, and you may receive these even if you have not opted in to receive our marketing emails.
- We may also use your Personal Data where necessary for us to defend, prosecute or make a claim against you, us or a third party.
HOW DO WE PROTECT YOUR INFORMATION?
We implement a variety of security measures to maintain the safety and integrity of your Personal Data. Your Personal Data is contained behind secured networks to prohibit unauthorized access, and is only accessible by a limited number of persons who have special access rights to such systems. When you place orders or access your Personal Data, we offer the use of a secure server. All sensitive/credit information you supply is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our databases to be only accessed as stated above.
If you have a personal password which enables you to access certain parts of our website or any other portal, app or service we operate, do not forget your responsibility to keep this password confidential. You are fully responsible for any activity that takes place by a party that is logged into our website using your user name and password, unless such activity is conducted by us or one of our agents. We ask that you not to share your password with anyone.
HOW LONG DO WE RETAIN YOUR INFORMATION?
We will not retain your information longer than is necessary for the purposes for which it was collected or as required by applicable laws. If any such information is used for two or more purposes, we will retain it only until the purpose with the latest period has been accomplished. We will, however, no longer use the information for the purpose which has already been accomplished.
Our retention periods are based on our business needs, including but not limited to ensuring our compliance with our contract with you (e.g., warranties, product recalls, after sales queries) and other legal obligations. This means that if you revoke your consent, or request for deletion of your Personal Data, we may nonetheless still retain certain of your information in order to meet relevant legal obligations and to defend or prosecute a case or claim against you, us or a third party, in which case we may retain the necessary information as long as such case or claim could be pursued. Once your information is no longer necessary for the purpose/s for which they were obtained, they will be permanently anonymized or deleted as applicable.
DO WE USE "COOKIES"?
We may contract with carefully chosen third-party service providers to assist us in better understanding our site visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business.
DO WE DISCLOSE THE INFORMATION WE COLLECT TO OUTSIDE PARTIES?
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information unless we provide you with advance notice, except as described below. The term "outside parties" does not include BBI or the ROHQ. It also does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others' rights, property, or safety.
With your affirmative consent, we may provide your e-mail address, physical address, or general shopping activity to carefully screened companies whose products we believe will be of interest to you and whose privacy practices meet or exceed our own privacy standards. In addition, non-personally identifiable visitor information, including generalized or aggregated visitor information, may be provided to other parties for marketing, advertising, or other uses. If you prefer that we do not share any of your information with these companies, please contact us.
We will ensure that we have legal grounds for the transfer of Personal Data to such countries, and that such data transfers are subject to appropriate safeguards in order to protect the safety and integrity of your Personal Data.
YOUR PRIVACY PREFERENCES AND MANAGING YOUR ACCOUNT PROFILE
Upon your affirmative consent, we may send you periodic promotional e-mails. If you change your mind and would like to discontinue receiving promotional e-mail from us, you may modify your email preferences in the "My Account" section of our website, if you have created an account with us. Even if you have not created an account, you may also opt-out from receiving our emails by following the "opt-out instructions" contained in any commercial email you receive from us or by visiting our unsubscribe page located at https://www.balsamhill.co.uk/email-unsubscribe. Please note that due to email production schedules, you may receive any emails already in production from a brief time after you have opted out of our email list.
To opt-out of our catalogue or other paper mailings, you may email our customer service team at email@example.com with "NO MAIL" in the heading, call the customer service team at 02033 686 726, or visit our unsubscribe page at https://www.balsamhill.co.uk/catalog-unsubscribe-request.
To delete all of your online account information from your profile, sign into the "My Account" section of our site and remove your shipping addresses, billing addresses & payment information. Please note that we may maintain information about an individual sales transaction in order to service that transaction and for record keeping.
To the extent that our processing of any of your Personal Data is subject to the GDPR, we rely on the legal grounds for processing described above (see section on "How Do We Use Your Information") to process your data. Upon your affirmative consent, we may also process certain information that constitutes Personal Data for direct marketing purposes and you have a right to object to our use of your Personal Data for this purpose at any time as provided above.
PRIVACY OF CHILDREN ON OUR WEBSITE
Our Website is not intended for use by children under the age of 13, and we do not knowingly collect Personal Data from children under the age of 13.
Subject to exceptions under applicable law, you have the following data subject rights:
- Request additional information on how we use your personal data;
- Access your personal data;
- Rectify or correct any inaccuracies in the personal data we hold about you;
- Object to certain of our processing activities unless our reasons for undertaking that processing outweigh any prejudice to your data protection rights;
- Remove you from any direct marketing lists when you object or withdraw your consent;
- Restrict our use of your Personal Data;
- Request for a copy of your personal data in a usable electronic format and transmit it to a third party; and
- Delete any information about you that we no longer have a lawful ground to use.
If you wish to exercise any of your data subject rights, see the contact information in the next section of this policy.
Subject to applicable law, you have the right to lodge a complaint with your local data protection authority or the Irish Data Protection Commissioner, which is our lead supervisory authority in the European Union. If you are a resident of the European Economic Area and believe we maintain your Personal Data within the scope of the General Data Protection Regulation (GDPR), you may direct questions or complaints to our lead supervisory authority:
Irish Data Protection Commissioner
Office of the Data Protection Commissioner
Canal House, Station Road, Portarlington, Co. Laois, R32 AP23, Ireland
Phone +353 57 868 4757
Fax: +353 57 868 4757
HOW TO CONTACT US TO EXERCISE YOUR RIGHTS
Phone: 02033 686 726
For GDPR and privacy-related inquiries, the email address above is the best way to reach us, as it is reserved exclusively for such inquiries. If you have any product questions, customer service requests, shipping inquiries, or need to reach us for any other reason, please visit the Contact Us page.
CHANGES TO OUR POLICY