Terms & Conditions
These terms and conditions set out the basis on which you can visit and use our Website. Please read them carefully as they contain important information.
1.2 This Website is owned and operated by Grow Brand Ltd When you purchase Goods on the Website, you enter into a Contract (as defined below) with Grow Brand Ltd, registered office: Grow Brand Ltd, 2nd Floor Dagnall House, Lower Dagnall Street, St Albans, Herts, AL3 4PA (“us”, “we”, “our”). Registered number 13120201, VAT No: GB . If you want to ask us anything about these Terms and Conditions or have any comments or complaints on or about this Website, please email us at email@example.com.
1.3 In these Terms and Conditions, unless the context requires otherwise:
- "Contract" means each contract for the supply of Goods by us into which these Terms and Conditions shall be incorporated;
- "Card" means the credit or debit card which you use to make payment for the Goods;
- "Goods" means the goods which we supply in accordance with these Terms and Conditions;
- "Order" means a purchase order in respect of the Goods issued by you to us.
1.4 We reserve the right to change these Terms and Conditions from time to time. Any such changes will take effect when posted on the Website, and it is your responsibility to read the Terms and Conditions on each occasion you use this Website, and your continued use of the Website shall signify your acceptance to be bound by the latest Terms and Conditions regarding your use of the Website.
1.5 We sell children’s products for purchase by adults. We require that all purchases be made by adult individuals 18 years of age or older. Each time you purchase a product on this site, you are representing to us that you are an individual 18 years of age or older. We cannot prohibit minors visiting this site. We rely on parents, guardians and those responsible for supervising children under 18 to decide which materials are appropriate for such children to view or purchase. If you are under 18, you must use this site only with the involvement of a parent or guardian.
2. ORDER PROCESS
2.1 You can select products to add to your shopping basket by clicking on the 'Add to Cart' button when viewing an item. Before placing an order with us (by clicking on ‘Check Out’), you will be able to add/amend/delete any items that you have placed in your bag.
2.2 We will request information from you as required to process your order. Here a user must provide contact information (such as name, delivery address, telephone number) and financial information (such as credit card number, expiration date). This information is used for billing purposes and to fill customers' orders. If we have trouble processing an order, this contact information is used to get in touch with the user.
2.3 When you place an order with us online you will be taken through a secure check-out process.
3. ACKNOWLEDGEMENT AND ACCEPTANCE OF YOUR ORDER
3.1 All Orders are subject to our acceptance in accordance with these Terms and Conditions. Once you have submitted your Order, we will send you a confirmation of the receipt of your Order to the email address you have supplied us with. Please note that the receipt is not an order confirmation. No binding contract has been made until you receive the final order confirmation from us at the email address disclosed by you during check-out. We may, until the time of the order confirmation, cancel your Order in accordance with condition 3.4. Our acceptance of your Order and the completion of the Contract between you and us will take place upon dispatch to you of the Goods ordered. You will be sent another email on dispatch of your Goods.
3.2 Any offers for Goods at discounted prices, including those detailed on the Website, may be made available from time to time for you to Order (subject to our acceptance) for a limited period of time as stated in that offer.
3.3 We have taken every care in the preparation of the content of this Website, and in particular, to ensure that (i) prices quoted are correct at the time of publishing; (ii) Goods displayed are available to order; and (iii) the Goods have been fairly described. However, please note that if there is an error in the content of the Website that is so obvious that you should have realised that it is an error, or if we have made changes to the content of the Website before your Order has been placed, the prices quoted or any incorrect description of the Goods will not be binding on us.
3.4 We may reject an Order as a result of one of the following:
3.4.1 One or more of the Goods you ordered are unavailable. We will inform you as soon as possible if the Goods you have ordered are not available and you may either cancel the Order or ask us to process a new order for Goods that we have in stock;
3.4.2 Our inability to obtain authorisation for your payment. We may contact you to check your card details;
3.4.3 The identification of a pricing or product description error as referred to in condition 3.3;
3.4.4 You not meeting the eligibility to order criteria as set out in these Terms and Conditions;
3.4.5 Where we have reasonable grounds to suspect that you have committed fraud.
4.1 Subject to condition 6 in respect of delivery charges, the prices stated by us at the time we receive your Order are the prices you pay except where we discover an error in the price of the Goods you have ordered (see condition 3.3 and 3.4).
4.2 All prices are displayed on the Website in Pounds Sterling and are inclusive of VAT at the prevailing rate.
5. METHOD OF PAYMENT
5.1 We accept the following payment options on the Website: VISA, Mastercard, American Express, Discover, Diners Club, Maestro, Shop Pay, Apple Pay, and Google Pay. If you pay by credit or debit card, it is imperative that you provide the cardholder's name as it is shown on the card and address exactly as it appears on the card statement.
5.2 Card fraud is illegal and will lead to prosecution.
5.3 Ownership of the Goods you order on the Website shall pass to you on delivery provided that we have processed and received payment in full for such Goods.
6.1 We are able to deliver your Goods to any address within the UK mainland excluding the Highlands of Scotland, Northern Ireland and the Isle of Man. We are unable to deliver to the Channel Islands at this time.
6.2 You will, as part of the order process, be presented with the option to choose between various delivery methods. The costs of delivery will vary depending on the choice of delivery method, and the prices for these will appear before your final submission of your Order. See our Delivery Page for current delivery fees.
6.3 Please note that on delivery, our carriers may need to obtain a signature from you. If a signature is required, our carriers will not be able to deliver Goods without such signature.
6.4 Selecting the delivery address:
6.4.1 Delivery to your Card address: When you have selected the Goods that you wish to purchase from us, the delivery address will default automatically to the billing address associated with your Card.
6.4.2 Selecting an alternative address: However, should you wish to send the Goods to an alternative address, then you can enter this in the delivery address form as you proceed through the checkout process. The alternative address can be either residential or business.
6.5 To make life easier for you, if you set up an account with thegrowbrand.co.uk then you can store your favourite addresses so that when re-ordering you can just select from your delivery address book saving you time and the inconvenience of filling out the form again.
6.6 We aim to dispatch all Orders from our warehouse the same weekday as ordered, providing that the Order is received before 1pm. Orders received after 1pm on weekdays are, if possible, shipped the next weekday. Delays are occasionally inevitable due to unforeseen factors. Please note that the given delivery times are estimates only and not binding on us.
6.7 Where possible, we try to ship all ordered Goods at the same time. However, please note that we reserve the right to make split deliveries so that you receive the ordered Goods as soon as possible. There are no additional delivery costs associated with such split deliveries. If we are late delivering a part of a split Order or one part of a split Order is faulty, that will not entitle you to cancel any other part of the split Order.
6.8 Risk of loss or damage to the Goods shall pass to you at the time the Goods have been handed over to you or come into your possession at which point you will bear the risk.
7. TRACKING YOUR ORDER
7.1 Once your Goods have been dispatched for delivery then you will receive a confirmation email informing you that your goods are on their way. The email will also contain details of how you can track your Order with our chosen carrier.
7.2 Should you have any query with regards to the receipt of your Order then please contact our customer services team via firstname.lastname@example.org
8. RETURN OF GOODS POLICY
8.1 We hope you will be satisfied with Goods purchased on our Website. However, you may return to us any Goods for any reason within 14 days of your receipt of the Goods. We will refund the price of the Good(s), provided they are in a saleable unworn condition and in their original, undamaged packaging. This does not affect your statutory rights.
8.2 If you would like to return any Goods to us we will refund the price of the returned Goods in full, including the original delivery costs if the whole Order is returned to us (except that if you have chosen a means of delivery other than the cheapest standard delivery method offered by us, the delivery charge paid by you is non-refundable to the extent it exceeds the standard delivery charge). We will refund you without undue delay and we aim to refund you no later than 14 days from receipt of the Goods in our warehouse.
8.3 We process refunds using the same payment method which you used to purchase the Goods unless you have explicitly agreed to a different method of repayment. You will not be billed for any fees because of the repayment.
8.4 If you wish to receive replacement Goods, please request an 'exchange' during the returns process.
8.5 To return any goods via our online returns process please email our team at email@example.com. We will provide you with a link to process your return and you will receive a QR code to post your item at no cost to you. Please ensure you obtain a receipt for the parcel as proof of return. We are not responsible for any return until it has come into our possession.
8.6 For our records you will be asked to complete the reason for your return and this form needs to be completed before return of the Goods to enable us to identify your Goods on receipt and process your return immediately. Once the returned goods have been received and checked by our Returns centre then you will be automatically credited to the value of the Goods returned at the time of purchase.
8.7 Without prejudice to any of your rights set out above, you also have the general statutory right to withdraw from your purchase and rescind the Contract within 14 days of your receipt of the Goods. You cannot withdraw from the purchase by refusing receipt without giving us prior notification. Please include your name and order number and a clear statement that you want to exercise your right to withdraw in relation to all or part of the Order. For your convenience, we include a return form and label in the package with your Order although you do not have to use them. You must return the Goods to us without undue delay and no later than 14 days from the date of which you informed us of your withdrawal. The deadline is met as long as you have shipped the Goods. You bear the risk pertaining to the Goods until the Goods have come into our possession. If you send your message on exercise of your right to withdraw after the above mentioned 14 days, the withdrawal period will have lapsed, and your statutory right of withdrawal will no longer apply. However, you may still be able to return the Good(s) under our standard return policy set out above.
8.8 If you have any queries about your return you can contact us:
8.8.1 By email: at firstname.lastname@example.org;
9. QUALITY ISSUES
9.1 We strive to deliver Goods that are of satisfactory quality. Should you nevertheless receive Goods which do not meet your expectations, please contact us on email: email@example.com in order to correct any errors.
9.2 If you wish to return to us any Goods in respect of which you find a manufacturing fault or defect, you may do so in accordance with your statutory rights and without prejudice to your general right of return at condition 8 above. You must inform us within a reasonable time after having noticed the defect, subject to conditions 9.3, 9.4 and 9.5 below.
9.3 If you return defective Goods to us within 30 days of receipt of the Goods, you are entitled to a full refund or a replacement if the Goods were faulty or defective at the time of purchase. If the Goods are found to be defective we will refund the purchase price and any expenses incurred in returning the faulty or defective Goods. In the case of a replacement, discontinued or unavailable models will be replaced with a model up to the value of the original purchase.
9.4 We may request that you return the defective Good(s) to us in order for us to inspect them. We will not issue a refund or a replacement if the Goods:
9.4.1 were not purchased from this Website;
9.4.2 become damaged due to normal wear and tear;
9.4.3 have exceeded their reasonable lifespan; or
9.4.4 have been damaged by abuse, negligence or misuse (including but not limited to exposure to open flames, high heat, sharp objects or use for activities other than their intended use).
10. WARRANTIES AND LIABILITY
10.1 Nothing in these Terms and Conditions excludes or limits liability for death or personal injury caused by negligence or fraudulent misrepresentation.
10.2 In the absence of any negligence other than a breach of duty by us, your use of any Goods other than in accordance with their manuals and/or instructions is entirely at your own risk.
10.3 Please note that the colours of the Goods are as accurate as the Website allows, as the actual colours you see will depend on your monitor. We cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the product on delivery.
10.4 We will make every effort to deliver Goods within a reasonable time from the date of your Order and to comply with our obligations under these Terms and Conditions, but we cannot be held liable for delays or failures due to adverse weather, traffic delays, mechanical breakdowns, strike, lockout, fire, government-imposed restrictions, changes in legislation, eruption or re-eruption of epidemics or pandemics, import-, export- or customs restrictions, or any other circumstances beyond our reasonable control.
10.5 The information contained in the material on this Website is only for information purposes. By permitting the use of this Website, we do not hold ourselves out as providing any legal, financial or other advice. We also do not make any recommendation or endorsement as to any investment, advisor or other service or product or to any material submitted by third parties or linked to this Website. The material on this Website does not constitute advice and you should not rely on any material in this Website to make (or refrain from making) any decision or take (or refrain from taking) any action.
10.6 The Goods are sold in accordance with the manufacturer's specification, subject to any qualification or representation contained on the Website. We do not make any other promises or warranties about the Goods.
10.7 We will make every effort to keep the Website available but we cannot guarantee that the Website will always be available, reliable, free from technical inaccuracies and typographical errors or other types of error. Further, we often review the content of the Website to keep it up to date, but we cannot guarantee that it will always be up to date. Please see condition 3.3 above in respect of errors on the Website. We do not make any other promises or warranties about the Website.
10.8 This Website contains material submitted and created by third parties. Where this is the case, we shall let you know. We have not been able to verify the accuracy of such material and so you should confirm its accuracy with the relevant third party.
10.9 This Website also contains links to other websites and resources which are not under the control of and are not maintained by us. We have no control over such websites and resources. We provide these links for your convenience only but does not necessarily endorse the material on these websites. Your visiting of any external websites via links from this Website is entirely at your own risk. Where it is possible for you to transact through any linked website with a third party, such transactions shall be (and any rights and obligations shall arise) solely between you and the third party. Therefore, you should ensure that you carefully read the terms and conditions for the accessing and use of such websites and resources and, if you suffer losses as a result of accessing and/or using such third-party websites and resources, you must claim against the third party and not us.
10.10 Unless otherwise specified, the materials on this Website are directed solely at those who access this website from the United Kingdom. We make no representation that any products or services referred to in the materials on this Website are appropriate for use, or available, in other locations. Those who choose to access this Website from other locations are responsible for compliance with local laws if and to the extent local laws are applicable.
10.11 Our liability is limited to direct losses. We shall not be liable for any indirect loss of profit, loss of business or depletion of goodwill or consequential loss or any claims for consequential compensation whatsoever which arise out of or in connection with the Contract. Furthermore, our liability for any claimed direct loss or damage shall be limited to the value of the Order. We accept product liability towards you to the extent legally required under mandatory law.
11. INTELLECTUAL PROPERTY
11.1 Unless otherwise specified, the copyright in the contents of all the pages in this Website is owned by or licensed to us. Unless otherwise specified, the authors of the literary and artistic works in the pages in this Website have asserted their moral right pursuant to Section 77 of the Copyright Designs and Patents Act 1988 to be identified as the author of those works.
11.2 All trademark, service marks and trade names of Grow Brand Limited are unregistered or registered trademarks of Grow Brand Limited. The Website's graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of thegrowbrand.co.uk. Grow Brand Limited's trademarks and trade dress may not be used in connection with any product or service that is not thegrowbrand.co.uk, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits thegrowbrand.co.uk. All other trademarks not owned by thegrowbrand.co.uk that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by thegrowbrand.co.uk.
11.3 Except as stated in this condition 11.3, the contents of this Website may not be modified, copied, reproduced, distributed, republished, downloaded, displayed, posted, re-posted or transmitted in any form or by any means without the prior express written permission of thegrowbrand.co.uk. You may not distribute, display or copy any of the contents of the pages contained in this Website to third parties including, but not limited to, "caching" any material on this Website for access by third parties and "mirroring" any material on this Website. You may reproduce the contents of an individual page of this Website for the purpose of private and personal non-commercial use.
12.1 We hope that you do not have reason to complain about the goods or services we offer. However, we understand that issues do arise from time to time and we aim to deal with all complaints as effectively as possible. Our complaints handling procedure is designed to be fair, confidential, easy to use, speedy and informative. If you wish to make a complaint, please contact us:
8.10.1 By email: via our contact form or at firstname.lastname@example.org
Please provide full details of the nature of your complaint, including the Goods purchased, your Order number, your name, address, daytime telephone number, email address and any other information which you think will assist us in resolving your problem as quickly as possible.
13. GOVERNING LAW AND VENUE
13.1 These Terms and Conditions are subject to and shall be governed by and construed in all respects in accordance with English law and the parties hereby submit to the exclusive jurisdiction of the English courts.
13.2 Where national regulatory authorities have jurisdiction over the contents of this Website, we have attempted to ensure compliance with the requirements of such regulatory body. However, some of the information in the pages contained in this Website is not to be accessed from certain jurisdictions and no representation or warranty is made as to whether the information available in this Website complies with the regulatory regime of countries from which the pages in this Website should not be accessed.
14.1 A person who is not a party to this agreement shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement. This clause does not affect any right or remedy of any person who exists or is available otherwise than pursuant to that Act.
14.2 We may from time to time make available services on the Website which require registration. Information that you provide on this Website must be complete and accurate. 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.
14.3 Subsequent access to such services shall require input of appropriate account and password details ("Login Details"). You are responsible for maintaining the confidentiality of your Login Details and any activities that occur under your account. We shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your Login Details. In the event that you have any concerns regarding your Login Details or become aware of any misuse then you should inform us immediately by contacting our customer services team via email: email@example.com. We may deactivate your account at any time which will mean that your Login Details will no longer provide access to your account. We will let you know if we do this using the contact details you provided.
15. DATA PROTECTION AND COOKIES
16.1 We realise how important it is to securely store any information that you provide us. Our Website currently uses high-level Secure Socket Layer (SSL) encryption technology, the most advanced security software currently available for online transactions. You can therefore rest assured that we take the security of your payment and personal details very seriously. We may vary this in the future if we feel you will benefit from greater security whilst using our Website.
16.2 You can tell whether a webpage is secure as 'https' will replace the 'http' at the front address bar of your browser window and a small locked padlock will appear in your browser window.
16.3 Phishing is the practice of tricking someone into giving confidential information. Examples include falsely claiming to be a legitimate company when sending an email to a user, in an attempt to get the user to send private information that will be used for identity theft and fraud. We will never ask you to send any personal details via email. Should you receive an email claiming to be from thegrowbrand.co.uk, or Grow Brand Ltd requesting this kind of information please do not respond but contact us immediately.