Terms & Conditions

Last updated - 13 June 2021

1 - Overview

Our Partners and Our Services

When you purchase Items from the Website, you are purchasing Items from one or more third party retailers who are named on the Website (each a “Partner”, and together the “Partners”). The contract for the purchase of the Items is between you and the Partner. We are not selling to you, and you are not buying from us. Each Partner has authorised us to act on their behalf as their agent - they are the principals on whose behalf we conclude the contract but we are not party to the contract between you and the Partner. We do provide ancillary services including arranging Item delivery, customer service and payment processing (see further on these below). When you pay Sproutl, that payment is in full and final settlement of your obligations to pay the Partner for the Item(s).

These Terms and Conditions

These terms and conditions, including those additional terms and conditions, policies, documents and information referenced here and/or available by hyperlink (“Terms and Conditions”, “Terms”) set out the legal terms that apply to your use of this website (www.Sproutl.com) and any application developed by us or on our behalf (together, the “Website) and any other service(s) that we may provide from time to time (“Services”).

By using our Services, you agree to be bound by these Terms. If you do not agree to the Terms, then you may not access the Website or use any Service and should leave the Website immediately. Your continued use of the Website and/or your ordering of Items confirms your acceptance of these Terms.

You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms. It is your responsibility to check this page periodically for changes, and we recommend you review these Terms each time you access the Website to ensure you understand the terms that apply at the time of your use. Your continued use of or access to the Website or our Services following the posting of any changes constitutes acceptance of those changes. You can read more below at Section 12 (Changes to the Service and these Terms and Conditions).

2 - Use of this Website

To be eligible to purchase Items on this Website you:

a) must be the holder of a valid debit/credit card;

b) warrant that the personal information which you provide is true, accurate and current in all respects;

c) represent that you are at least 18 years old; and

d) 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: helpme@sproutl.com.

You may not use the Website for any illegal, fraudulent or unauthorized purpose nor may you, in the use of the Services or the Website, violate or breach 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, or illegal, offensive, infringing or defamatory material through the Website or our Services. You must not use the Website in any way that causes, or may cause, the Website to be damaged, impaired or interrupted. If we reasonably believe that your breach of these provisions would constitute an offence under the Computer Misuse Act 1990, we may notify local enforcement authorities to report such breach and disclose your identity.

A breach or violation of any of the Terms will result in an immediate termination of our Services to you. Further, you will indemnify us in full against all costs, expenses, liabilities, damages and losses (excluding any indirect, incidental or consequential loss), including any interest, fines and legal or other professional fees and expenses awarded against or incurred or paid by us arising from or in connection with your breach.

We reserve the right, and shall not be liable to you if for any reason we decide, to withdraw or change the Website without notice.

3 - Orders

When you order an Item from Sproutl.com you are offering to buy it from one or more of our Partners (and not directly from us) for the price stated, in accordance with and subject to these Terms and Conditions and the Partner’s acceptance of your order.

These Terms and Conditions are incorporated into the contract between you and the relevant Partner from whom you purchase the Item(s).

All orders are subject to availability and confirmation of the order price, as determined by the Partner. Once you have entered into the contract for the Item 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 Item purchased remains with the Partner until your payment is accepted. Risk in the Item will remain with the Partner 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 helpme@sproutl.com.

We reserve the right not to submit your order to the Partner, and the Partner reserves the right not to accept your order if, for example:

(i) the Item ordered is out of stock, has been withdrawn or is otherwise not available, is incorrectly priced, or (due to the fragile characteristics of plants) is unable to be shipped;

(ii) if we are unable to obtain authorisation for your payment, or if your card is due to expire within 28 days; or

(iii) if you do not meet the eligibility criteria set out above.

We reserve the right, but are not obligated, to limit the sales of our Items 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 Items or Services that we offer.

When you place an order, you will receive an email confirming receipt of your order. This email is only an acknowledgement for information purposes and it does not constitute acceptance of your order by the Partner. The contract between you and the Partner in relation to the Items will not be formed until we have checked that the Partner accepts your order. If your order for the Items is accepted, we will send you a dispatch confirmation email, which concludes the contract between you and the Partner. The confirmation email will include a description of the Items purchased in the order and certain other information about your rights to cancel the contract between you and the Partner (please see Section 7 below for further information on your rights to cancel the contract). Only those Items listed in the dispatch confirmation email are included in the contract between you and the Partner.

4 - Goods, Pricing, Availability

Goods

We try to give the best representation of the Items for sale on the Website, however please note that all graphical representations (including photographs) and descriptions of Items made available are intended as a guide only.

Pictures of live goods (plants) may be provided on the Website 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 Item(s) 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.

Pricing

We reserve the right to change prices and alter or remove any special offers from time to time and as necessary.

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.

Availability

We will try to keep our Website as up-to-date as reasonably possible but we neither represent nor warrant that the Items will be available. Given the nature of our business, availability of plants may vary according to seasonal and market factors across our Partner network.

You are responsible for the accuracy of an order and for giving us any information necessary for us to perform the Services. We recommend that you read and check your order at each page of the checkout process.

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 Items will not be dispatched until the details you have provided are verified. We accept no liability if delivery of the Items is delayed by the supply of incorrect payment details. If we cannot gain full payment for the Items 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.

6 - Delivery

Delivery is being provided by us to you. You are therefore entering into a contract for delivery services provided by us. Your contract with us is concluded once the Items have been delivered to you or have been collected by you from a Partner.

You can find more information about our Delivery promise, including costs, estimated delivery times and postcodes/areas that we do not deliver to here.

Delivery Costs

Delivery costs are not included in the Items prices and will be charged in addition and shown at checkout. The delivery costs will vary depending on the Items that you have ordered and your delivery address. 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).

Delivery Times

Delivery times may vary depending on the availability of the Items and your delivery address. We endeavour to set out the estimated delivery time for each Item on our Website however delivery times are estimates only and cannot be guaranteed. We 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 Items 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.

The Item(s) will be delivered to you directly by the Partner(s) so your order may arrive in multiple deliveries and at different times if you have bought Items from more than one Partner.

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.

Delivery shall be deemed to occur at the time when the goods first arrive at the delivery address provided to us by you.

Risk of damage to or loss of the goods will be your responsibility from the delivery time of, or first attempt to deliver, the Items 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 your cancellation and refund rights are set out below. If you have any questions, please contact us at helpme@sproutl.com.

Your return and refund rights if you cancel the contract will depend on the type of Items purchased, whether there is anything wrong with them, how we are performing and when you decide to end the contract. You can read more about our approach to Returns and Cancellations here.

7a - Perishable Goods (e.g. plants)

Cancellation Before Dispatch:

Orders for plants may be cancelled up to the point of dispatch and we will give you a full refund.

Cancellation After Dispatch:

Faulty, Damaged or Incorrect Plants

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.

If you have any concerns about your plants upon receipt, including that they have been damaged in transit and will not recover, or you have received incorrect plants, please notify us at helpme@sproutl.com within 24 hours of delivery so we can resolve this for you. We reserve the right to ask you to send digital photographs to understand any issues.

We will pay for the return shipping to the Partner(s). We can assist you with the return and instructions for care and repacking.

You will be entitled to a full refund if you contacted us within 24 hours from delivery, the Items are returned to the Partner(s) within 7 days from the day of delivery, and you have the original packaging so that Items can be returned in an appropriate manner. We will refund you by the method you used for payment as soon as we can.

Changing your mind - within 3 days of delivery

If you have changed your mind about your plants, please notify us at helpme@sproutl.com within 3 days of the delivery date of the Items to get a full refund. You bear the cost of returning the plants to our Partner(s), which must be returned to the Partner within 7 days of delivery to you.

We reserve the right to withhold a full refund if (a) the plants arrive at our Partner in poor condition, are dried out or damaged; or (b) the plants that have been repotted from their original grow pots.

Changing your mind - after 3 days from delivery

After 3 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 and the relevant Partners will have no further liability in respect of the plants for any failure to establish and thrive.

7b - Non-perishable Items (e.g. furniture, accessories, pots)

Cancellation Before Dispatch

Orders may be cancelled up to the point of dispatch and we will give you a full refund.

Cancellation after Dispatch

Faulty, damaged or incorrect Items

We are committed to providing you with the highest quality Items, to reach you in the best condition.

If you have any concerns about your Items upon receipt, including that they have been damaged in transit, are faulty, or you have received an incorrect Item, please notify us at helpme@sproutl.com within 24 hours of delivery so we can resolve this for you. We reserve the right to ask you to send digital photographs to understand any issues.

We will pay for the return shipping to the Partner(s). We can assist you with the return and instructions for care and repacking.

Changing your mind - up to 14 days from delivery

You may be entitled to return your Item under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 ("Regulations")

Under the Regulations, you can cancel your order and get a full refund if you let us know that you wish to do so within 14 days from the date of delivery of the Item (“cooling-off period”). If you have ordered multiple Items in one order that are delivered separately, the 14 day cooling-off period runs from the date of delivery of the last Item.

You will have to pay for the full delivery cost of returning the Item(s) to the Partner.

Your right to return or cancel Items does not apply where the Item is perishable, made to measure or is bespoke/made to your specification, and to Items previously sealed for hygiene or health protection purposes once unsealed after you receive them.

You must let us know that you wish to return the Item(s) by sending an e-mail to helpme@sproutl.com (or by a letter sent by post), giving your name, address and order reference. The email must be sent within 14 days of delivery of your Item(s). We have provided an cancellation template below, which you may use although it is not mandatory.

You must return the Item(s) within 14 days after letting us know you wish to return them. The Item must comply with the following Return Conditions:

the Item must be undamaged and unused
soil, compost and other sealed Items must be returned unopened and fully sealed
all original tags must be attached to the Item, and the original packaging included and in its original condition
if an Item arrived flat-packed or semi-assembled, it must be returned in the same condition as it was delivered in.

We will give you a full refund, including the original costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us). We may make a deduction from the refund for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.

We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have agreed otherwise.

We will process the refund to you no later than 14 days after (i) the day on which the Partner received your return, or if earlier, (ii) the day on which we receive evidence that you have returned the Item(s) to the relevant Partner’s address.

Model Cancellation Form

To Sproutl at helpme@Sproutl.com

I give notice that I wish to cancel my contract for the sale of the following goods ordered on [insert date]

Name of consumer(s): [insert]

Address of consumer(s): [insert]

Order Reference: [insert]

Date

Changing your mind - after 14 days from delivery

After 14 days from the day of delivery (or first attempted delivery) you have expressed your satisfaction with the Item(s), and returns will not be accepted.

8 - Privacy

We are committed to protecting and respecting your privacy and security. Our Privacy Policy sets out the terms on which we process any information we collect from you or that you provide to us and provides information about the cookies on our website.

By using our Website, you consent to such processing and you warrant that all information provided by you is accurate. Please read our Privacy Policy for more information.

9 - Limitation Of Liability

While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, as the descriptions are based on information provided to us by the Partners, we make no warranties, representations or guarantees, whether express or implied, that the information is accurate, up-to-date, error free or complete

This Website is not 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.

The Website is provided on an "as is" and "as available" basis without any representation, or endorsement made and to the fullest extent permitted by law, we exclude all warranties, guarantees, conditions and representations of any kind, whether express or implied, in relation to our Services and 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, fitness for purpose, 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.

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 Items. This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights as we have set out above in Section 7 (Cancellations, Returns and Refunds).

We will not be liable, in contract, tort (including, without limitation, negligence), breach of statutory duty, pre-contract or other representations or otherwise, for any loss or damage, including without limitation: economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); any loss of goodwill or reputation; or any special, consequential or indirect losses, arising out of or in connection with the Terms, use of or inability to use the Website, or our Services, the Items and use of or reliance on any content displayed on the Website or through our Services.

Nothing in the Terms and Conditions shall exclude or limit our liability in any way for (a) death or personal injury resulting from our negligence or that of our servants, agents or employees; (b) fraud or fraudulent misrepresentation and (c) any other liability that cannot be limited by law.

10 - Matters Beyond Our Control

We and our Partners will have no liability to you for any failure to perform, or delay in performance of, any of our obligations, or for any damage or defect to Items delivered to you, that is caused by any event or circumstance beyond our reasonable control including, without limitation, terrorist attacks, act(s) of God, wars, embargos, riots, strikes, lock-outs and other industrial disputes, breakdown of systems or network access (including without limitation telecommunications and transport networks), flood, fire, earthquake or other natural disaster, explosion, pandemic, government action, or accident.

11 - Intellectual Property

The Website and its content, 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 Limited, our affiliates or other relevant third parties. All rights are reserved.

By continuing to use the Website you acknowledge that such material is protected by applicable intellectual property and other laws. You may not reproduce, copy, distribute, reverse engineer, decompile, publish, store or in any other fashion re-use any material from the Website unless otherwise indicated on the Website or unless given our express written permission to do so.

Any trademarks and/or brand names shown on the Website are owned by the respective trademark owners.

12 - Changes to the Service and these Terms and Conditions

These Terms are the entire agreement between you and us.

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.

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.

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 Limited 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.

You may link to this Website provided such linking is fair, legal, and does not damage our reputation or take advantage of it (for example, by linking to this Website to imply an association with or endorsement by us). If instructed to do so, you must remove a link to this Website immediately.

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 - 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 Partner as it relates to purchase of the Items, and you and us as it relates to our provision of the Services.

17 - Law and Jurisdiction

These Terms and Conditions, your use of the Website, anything related to your order and the relationship between you and us, and you and the Partner, shall be governed by and construed in accordance with English law. The Sprout Group Limited and you agree to submit to the exclusive jurisdiction of the English Courts.

18 - Contact Us

To contact us, (including to discuss any complaint), please email helpme@sproutl.com 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 set out above.