1 - Overview
Welcome to Sproutl.com website (the “website”). By accessing our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site. If you do not agree to them then you may not access the website or use any services and should leave it immediately.
Sproutl.com is an online service of The Sprout Group Limited (‘The Sprout Group Limited’,‘Sproutl.com’/‘We’/‘our’/‘us’) provided solely for your personal use for the sale of plants, accessories and other Items (‘Items’).
You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
2 - Use of Website
To be eligible to purchase Items on this Website you must:
- a) be the holder of a valid debit/credit card.
- b) warrant that the personal information which you are required to provide when you register as a customer is true, accurate and current in all respects.
- c) you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site
- d) You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
If your personal information changes then please notify us immediately by contacting Customer Care on the following email firstname.lastname@example.org.
By agreeing to these Terms of Service, you may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
3 - Orders
When you order an Item from Sproutl.com you are offering to buy it for the price stated, you do so in accordance with these terms and conditions, subject to our acceptance of your order. We shall have the right to refuse to accept any orders placed for goods.
By completing the check-out process and placing an order by clicking the "Place Order" button on the checkout page, you are offering to purchase the products from the relevant Partner (and not directly from us). Your order for the products is subject to these Terms and Conditions which are incorporated into the contract between you and the relevant Partner. All orders are subject to availability and confirmation of the order price, which is determined by the relevant Partner. After entering into the contract for the products with the Partner, the Partner will be under a legal duty to supply you with goods that are in conformity with the contract. Legal title to the product purchased will pass to you upon your payment being accepted. Risk in the product will remain with the Partner and/or Sproutl.com (as applicable) until it is delivered to you at the address specified when you placed your order.
If you require any information regarding your order(s) please contact Customer Care on email@example.com.
We may not accept your order if (i) an item you have ordered is out of stock, (ii) if your card is due to expire within 28 days of your purchase date (iii) we are unable to obtain authorisation for your payment or (iv) if we identify a product or pricing error. We reserve the right to reject any offer to purchase by you at any time and at our sole discretion.
We will try to keep our Website as up to date as reasonably possible, but cannot guarantee that any particular Item will always be available. If we can't supply any Item we will release the funds being held in your account for the purchase.
You are responsible for the accuracy of an order and for giving us any information necessary for us to perform the contract.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer.
4 - Goods, Pricing, Availability
We try to give the best representation of the goods we sell, however please note that all graphical representations (including photographs) and descriptions of goods available from us are intended as a guide only.
Pictures of live goods (plants) may be provided to give an appreciation of characteristics at a certain level of maturity or in a given setting. Depending on the sizes you select (plant maturity) the goods you receive may look significantly different.
Plant sizes are approximate and are provided for indicative purposes only. It is inevitable that variations in size, shape and colour will occur between different specimens and whilst we make every effort to ensure that all plants supplied are at the size range indicated, occasionally plants may be under or over the size selected.
If a plant size is unavailable we may, at our discretion, replace it with a suitable alternative without an increase in price.
All pricing information on the website is correct at the time of going online. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary.
If prices increase between the date of your order and the date of dispatch, we reserve the right to email you to ask if you wish to proceed. If not, you will be entitled to cancel the order without charge.
If you are viewing the Website from the UK, the product prices advertised on the Website from Partners located within the UK are inclusive of the VAT charged by the relevant Partner. Delivery costs are not included in the prices and will be charged in addition. The delivery costs (which will include VAT charged by us) will vary depending on the products that you have ordered and your delivery address. Please see the "Shipping Information" section below for further details. The delivery costs applicable to your order will be clearly displayed at checkout before you place your order (and are included in the "Total Cost" amount shown on the order summary page).
We neither represent nor warrant that goods will be available. Given the nature of our business, availability of plants may vary according to seasonal and market factors across our network of growers. If after having received your order we are unable to source goods we reserve the right to cancel the order.
5 - Payment
When you submit your order, we carry out a standard pre-authorisation check on your payment card on behalf of the relevant Partner, and products will not be dispatched until the details you have provided are verified. We accept no liability if delivery of the goods is delayed by the supply of incorrect payment details. If we cannot gain full payment for the goods when the order is placed, we reserve the right to cancel the contract and delivery.
Once we have verified your payment details and the Partner has accepted and approved your order for delivery, we will email you to inform you of this. In the unlikely event that we or the Partner encounter a problem when processing your order, we will contact you and may possibly request further information to try and resolve the issue.
We reserve the right not to submit your order to the Partner, and the Partner reserve the right not to accept your order if, for example, the product ordered is out of stock, has been withdrawn or is otherwise not available, is incorrectly priced, or if we are unable to obtain authorisation for your payment or if you do not meet the eligibility criteria.
6 - Delivery
The estimated delivery time is 3-5 working days. The Partners supply delivery services to you and we will try to ensure that your order is delivered by the estimated delivery date if given, but there may be circumstances where delivery is delayed because of events beyond our reasonable control. If this happens, we will try and arrange for your products to be delivered as soon as possible, but we will not be liable to you for any losses caused as a result of such delay.
Delivery times may vary depending on the availability of the products and your delivery address. Delivery times, are estimates only and cannot be guaranteed. The product(s) will be delivered to you directly by the Partner(s) so your order may arrive in multiple deliveries and at different times.
If no one is available at your address to sign for your order, our delivery partner will leave you a note and you will need to contact them to rearrange delivery.
In certain circumstances the delivery partners may provide you with optional services when delivering your order, such as: (a) signature release: opting out of the requirement to provide a signature on delivery; (b) leave with neighbour, reception or security: re-directing the delivery to a neighbour, reception or security; (c) reschedule a new delivery date: selecting a delivery date that best suits you; and/or (d) re-directing to a collection point: collecting your package from a collection point nearby. By selecting any of these services, including through any default preferences you may have selected with our delivery partner separately, you acknowledge and agree that Sproutl.com shall bear no responsibility or liability for any loss or damage that may result from delivering your order in that way
Delivery shall be deemed to occur at the time when the goods first arrive at the delivery address provided to us by you. The goods shall remain our property until you have paid for them in full or we have delivered the goods to you (whichever occurs later).
Risk of damage to or loss of the goods will be your responsibility from the time we deliver, or first attempt to deliver, the goods to the delivery address you provided whether or not a signature of receipt has been obtained.
7 - Cancellations, Returns and Refunds
Customer satisfaction is always our top priority, and as such we handle each query on an individual basis to the best of our ability. While we hope that you are delighted with your order, if you are not perfectly satisfied email us at helpme@sproutlcom.
Your rights if you cancel the contract will depend on the type of goods purchased, whether there is anything wrong with them, how we are performing and when you decide to end the contract:
7b - Plants and Perishable Goods
Cancellation Before Dispatch: Orders for plants may be cancelled up to the point of dispatch. We reserve the right to charge a cancellation fee of up to 50% of the value, the cancellation fee applied will depend on the costs incurred and future maintenance costs.
Cancellation After Dispatch: We are committed to providing you with the highest quality plants and ensure all our plants are carefully inspected before dispatch, to reach you in the best condition.
We aim to be fair and reasonable in our approach to supplying plants to you. If you have any concerns about your plants upon receipt, please notify us within 24 hours so we can resolve this for you. You can return your plants within 7 days from the day of delivery for a refund or replacement, however you must retain the original packaging so that plants can be returned to us in an appropriate manner.
We can assist you with the return and instructions for care and repacking. We do require you to contact us beforehand to agree the return and we reserve the right to ask you to send digital photographs to understand any issues.
Where plants have become damaged in transit to you and will not recover or you have received incorrect plants, returns are free of charge.
If you have changed your mind you can return your plants to us within 7 days at your cost.
We will refund the cost of the plants in full, provided that they are in no worse condition on return to us than at the time of delivery. Unfortunately, we are not able to refund the cost of delivery in this situation. Dried out or damaged plants will not be accepted. We reserve the right to refuse a refund of returned items if they are not received in good order.
Our 7 day returns policy does not apply to plants that have been repotted from their original grow pots and we are unable to accept returns or refund the cost of plants that have been repotted.
After 7 days from the day of delivery (or first attempted delivery) you have expressed your satisfaction with the plants, you recognise they are perishable and that we have no control over the conditions in which you plant or maintain them and we will have no further liability in respect of the plants for any failure to establish and thrive.
8 - Privacy
9 - Limitation Of Liability
While we will use reasonable endeavours to verify the accuracy of any information we place on the website, we make no warranties, whether express or implied in relation to its accuracy.
The website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the website, or any transaction that may be conducted on or through the website, including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
We make no warranty that the website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, and reliability of the website.
We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website. We make no warranty that this website is intended to constitute advice and the content of this website should not be relied upon when making any decisions or taking any action of any kind.
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the goods. This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights.
We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the terms and conditions for: any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or any loss of goodwill or reputation; or any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Terms and Conditions.
Nothing in the Terms and Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
10 - Matters Beyond Our Control
We will have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
11 - Intellectual Property
All content included on the website, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of The Sprout Group Ltd, our affiliates or other relevant third parties.
By continuing to use the website you acknowledge that such material is protected by applicable United Kingdom and international intellectual property and other laws. You may not reproduce, copy, distribute, store or in any other fashion re-use material from the website unless otherwise indicated on the website or unless given our express written permission to do so.
12 - Changes to the Service and these Terms and Conditions
We reserve the right to change the website, its content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the website following the changes.
If we are required to make any changes to these Terms and Conditions pertaining to the sale of goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
13 - Links To Other Websites
This website may contain links to other sites. Unless expressly stated, these sites are not under the control of The Sprout Group Ltd or that of our affiliates.
We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this website does not imply any endorsement of the sites themselves or of those in control of them.
14 - No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
15 - Severability
In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
16 - Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
17 - Third Party Rights
Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and The Sprout Group Ltd.
18 - Law and Jurisdiction
These Terms and Conditions and the relationship between you and Sprout Ltd shall be governed by and construed in accordance with English law. Sprout Ltd and you agree to submit to the exclusive jurisdiction of the English Courts.
19 - Contact Us
To contact us, (including to discuss any complaint), please email firstname.lastname@example.org or visit the Contact Us page on the website for more details. Any formal legal notices should be sent to us at the postal address specified in the Definitions section of these Terms and Conditions.