Terms and Conditions

TERMS AND CONDITIONS
The following terms and conditions (“Terms of Use”) govern the use of this Website (“Website” means the whole or any part of the web pages located at www.sproutandsparrow.com.au, and includes the layout, individual design elements, underlying code and text, sounds, graphics, or other content). By using this Website, you are deemed to have accepted these Terms of Use.

This Website is owned and operated by N Jerrard and A Stevens trading as SPROUT AND SPARROW ABN 267 481 739 86 (“SPROUT AND SPARROW”). References to “we” or “us” refer to SPROUT AND SPARROW and references to “you” mean you, the user of the Website.

As you navigate through the Website you may access other websites which are subject to different terms of use. When using these other websites, you will be bound by the terms and conditions posted on these other websites.

  1. Payment    We accept payment via the secure PayPal system worldwide. Please see PayPal’s website for their user agreement including security arrangements.
 Your SPROUT AND SPARROW product(s) will be shipped once payment has been received.
  2. Prices
     All prices are in Australian dollars and inclusive of GST. Online prices may be subject to change without notice, and may differ from prices available elsewhere. International duties, taxes or charges levied on the package on arrival in your country, or any other fees or charges you may incur in relation to a foreign transaction, are your responsibility.
  3. Products    We aim to display accurately the colour of products appearing on the website. However, as the actual colours you see will depend on the screen resolution of your monitor, we cannot guarantee that the display of any colour will exactly reflect the colour of the product on delivery.
  4. Product Availability    Some of the products offered on our website may not be available at the time of purchase. Please check the availability of the product you wish to purchase. All in stock products are promoted in good faith to be available at the time the order is received. The availability indicator applies to single products only, and where multiples are purchased, the shipment of the total order may be delayed. Once we have received your order, you will receive a confirmation email confirming receipt of your order. This is not a guarantee of availability. Unforseen supply issues or unexpected demand may occasionally result in stock being temporarily unavailable.
  5. Delivery    Please take care to ensure accuracy when entering the delivery address for your order. Unfortunately, we are unable to redirect parcels once they have been dispatched. Where the shipping address differs from the billing address, please ensure permission is obtained for the disclosure of personal information under the Privacy Act for third party recipients. Delivery times on the website relate to the delivery service and do not include despatch time. Orders placed with all stock ready to deliver will be dispatched within 2 business days. Orders for out of stock products will be sent within 2 business days of becoming available.
  6. Refunds, returns and exchanges
    All products are thoroughly checked before sending and packaged with care. However, in the unlikely event that you receive a product that is faulty or damaged, please contact us by email (info@sproutandsparrow.com.au) upon receipt of the product, to arrange a refund or replacement.
  7. Promotional Codes    We may from time to time offer promotional codes which may apply in respect of any, or certain specified, purchases made though this website. The conditions of use relating to any promotional code will be specified at the time of issue. Eligibility may also be based on meeting a minimum spend requirement or being a follower of our social media sites. When entered on the shopping cart page, the appropriate discount is deducted from the cart total. In some cases the promotion will apply automatically, without the need for a promotional code to be entered. An example is free delivery for all orders over $100 for delivery within Australia. Please note that some promotional codes may have a restricted usage, and may not be combined with other promotions. Where a refund is issued on an order containing a promotional code, the refund will match the amount tendered, net of the promotional code discount.  Where “free delivery” is specified, the method of delivery will be at SPROUT AND SPARROW’s absolute discretion.
  8. Copyright in Website material 
    This Website is subject to copyright. The copyright is owned by SPROUT AND SPARROW, or in the case of some material, a third party. You may view this Website using your web browser and electronically copy and print hard copies of parts of this Website solely for personal, non-commercial use. Any other use, including the reproduction, modification, distribution, transmission, republication or display of the content of this Website is strictly prohibited without the prior written consent of SPROUT AND SPARROW.
  9. Intellectual Property  All designs on this website are protected by Australian and International Copyright Laws.
    All trade marks, trade names, service marks and other product and service names and logos (“Marks”) displayed on the Website are proprietary to their respective owners and are protected by applicable trade mark and copyright laws. These Marks may be registered or unregistered marks of SPROUT AND SPARROW or third parties.

Nothing contained in this Website should be construed as giving you any right in or license to use any Mark of SPROUT AND SPARROW or a third party which is displayed on this Website without their express permission.

If you use any of SPROUT AND SPARROW’s Marks to refer to our activities, goods or services, you must include a statement attributing that trade mark to us. You must not use any of our Marks: (a) in or as the whole or part of your own Marks; (b) in connection with activities, goods or services which are not ours; (c) in a manner which may be confusing, misleading or deceptive; or (d) in a manner that disparages us or our information, goods or services (including this Website).
  10. Third party sites   
This Website may contain links to other websites operated by third parties. These links are provided for convenience only and may not remain current or be maintained. SPROUT AND SPARROW does not take any responsibility for the content or functionality of third party websites. You access those sites solely at your own risk. 

Unless otherwise expressly stated: (a) SPROUT AND SPARROW has no relationship with the owners or operators of the third party websites or control over or rights in those websites; and (b) links to third party websites should not be construed as a recommendation, endorsement or approval by SPROUT AND SPARROW, or preference by us of the owners or operators of the websites, or for any information, goods or services referred to on those other websites.
  11. Commercial Electronic Messages     
If you express interest in SPROUT AND SPARROW goods or services (including subscription services) through your use of this Website, you consent to us sending commercial electronic messages (including messages about our goods and services and the goods and services of third parties) to electronic addresses which you have provided to us for which you or your employer are the relevant electronic account holder.
  12. Disclaimer    
Your access to this Website is at your own risk. The information contained in this Website is provided by us in good faith on an “as is” basis. The information is believed to be accurate and current at the date the information was placed on this Website. From time to time we may change the information on the Website without notice. However, we do not undertake to keep this Website updated. We make no representation or warranty as to the reliability, accuracy or completeness of the information contained on this Website or that the Website will be uninterrupted or error free. To the extent permitted by law, all representations, warranties and other terms are excluded. SPROUT AND SPARROW will in no way be liable to you or anyone else for any losses, damages, liabilities, claims and expenses, however caused (including through negligence) which may be directly or indirectly suffered in connection with use of this Website or third party websites which are linked from this Website. This limitation applies to direct, indirect, consequential, special, punitive or other damages you or others may suffer, as well as damages for loss of profits, business interruption or loss of data or information.
  13. Viruses
    We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with use of this Website or a linked third party Website. You must take your own precautions to ensure that whatever you select for your use from this Website is free of viruses or anything else (such as worms or trojan horses) that may interfere with or damage the operations of your computer systems.
  14. Indemnity    
You indemnify SPROUT AND SPARROW, its officers and employees against any and all loss, damage, demand, cost or expense claimed by a third party as a result of or in connection with your use of or conduct on the Website.
  15. Privacy
    Any personally identifiable information that you submit through or in relation to the Website is collected and used by SPROUT AND SPARROW in accordance with its Privacy Policy.
  16. Changes to the Website and your access    
SPROUT AND SPARROW reserves the right to vary or discontinue the Website or any page of the Website, or terminate your access to part or all of the Website, at any time without notice.
  17. Changes to the Terms
   SPROUT AND SPARROW reserves the right to amend these Terms of Use at any time without notice. Any amendment will come into effect from the time the amended Terms of Use are posted on the Website. Your use of this Website after any amendment constitutes an agreement by you to comply with and be bound by the amended Terms of Use. Accordingly, you should read these Terms of Use from time to time for changes.
  18. Governing law
    These Terms of Use are governed by the laws in force in Victoria, Australia and you submit to the non-exclusive jurisdiction of the courts of Victoria, Australia and any courts which may hear appeals from those courts in respect of any proceedings in connection with these Terms of Use or this Website.

This Website may be accessed throughout Australia and overseas. SPROUT AND SPARROW makes no representations that the content of this Website complies with the laws of any country outside Australia. If you access this Website from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Website.
  19. Severance of clauses    
If any clause of these Terms of Use is held to be invalid, void, unlawful or unenforceable for any reason, that clause will be severed from the Terms of Use and it will not affect the validity and enforceability of the remainder of the Terms of Use.
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