(Updated 28th September 2016)
This website is operated by GroGro (referred to as “GroGro/we/our/us”). As a user of this website (referred to as “you/your”) you acknowledge that any use of this website including any transactions you make (“use/using”) is subject to our terms and conditions below, which includes any other important hyper-linked. In addition, you will find other useful information within our FAQ’s section.
Please:
- read through these terms and conditions carefully before using this website.
- print a copy for future reference.
- also read our privacy policy section regarding your personal information.
1. General
1.1 We reserve the right to change these terms and conditions at any time. Any such changes will take effect when posted on the website (see date at the top) 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.
1.2 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use this website
1.3 When you use certain GroGro services please read the additional information provided with regards to such services as this information will provide you with full details on how to use such services and the specific policies and procedures which may apply to that service.
1.4 Certain website services will require registration and subsequent access to those services will be subject to an approved login name and password (“Password Details”). Information that you provide on this website must be accurate and complete. All Passwords Details are accepted and may be withdrawn at our sole discretion and are exclusive to you and non-transferable and must be treated as strictly confidential at all times. In the event that you have any concerns regarding your Password Details or become aware of any misuse then you must inform us immediately. You may contact us using the contact us page.
1.5 By signing up for a subscription (as defined below), you represent, acknowledge and agree that you are at least 18 years of age, or if you are under 18 years of age but are at least 13 years old, that you are using the Site with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to enter into this Agreement. If you are a parent or legal guardian who is registering for a child, you hereby agree to bind your child to this Agreement and to fully indemnify, release and hold harmless GroGro if your child breaches or disaffirms any term or condition of this Agreement.
2. Terms of Sale
2.1 All subscriptions that you order on this website will be subject to acceptance in accordance with our terms and conditions.
2.2. GroGro sells children’s books (the “Product(s)”) to end-user customers who purchase monthly memberships to receive the Products (“Membership(s)”) only for their own personal, non-commercial use. You may not purchase Products or Memberships for further distribution or resale or for any other commercial or business purpose. The Membership and all rights and privileges conferred are personal and non-transferable.
2.3. Pricing for Products and Memberships (including any applicable shipping and handling fees) can be found on GroGro’s then-current product pages located on the Site at. The price that we will charge you for the Products and Memberships will be the price as posted on the Site on the date you first sign-up for a Membership to the Site. GroGro reserves the right to change prices for Products and Memberships at any time, and does not provide price protection or refunds in the event of promotions or price decreases.
3. Delivery & Skipping A Month
3.1 This website is only for delivery of products to customers in those destinations listed on the drop-down section when choosing your shipping address. All goods requiring a signature must be signed for by an adult aged 18 or over.
3.2 The shipment date will be determined according to whichever date is closer to the date of the Customer’s first purchase date. Shipping dates are estimates only. All UK shipment will be sent via Royal Mail Tracked, and international shopping’s will be sent via standard shipping.
3.3 Risk of loss and damage of products passes to you on the date when the products are delivered or on the date of first attempted delivery by us.
3.4 GroGro offers its members the ability to temporarily pause their Memberships for one (1) month. During this time, members will remain active members, but they will not receive any GroGro Products. During the paused period, members will remain a member of GroGro, continue to receive communications from GroGro via email, but will not be charged any maintenance or membership fee. Your membership will automatically start again after your skipped month.
4. Payment and Free Trial
4.1 Your Membership may start with a free trial, allowing you to receive your first box of books for free (“Free Trial”). At the time of sign-up, your Payment Method will just be charged for shipping and taxes, if applicable. For combinations with other offers, restrictions may apply. GroGro reserves the right, in its absolute discretion, to determine your Free Trial eligibility.
You will not receive a notice from us that your Free Trial period has ended or that the paying portion of your Membership has begun. To avoid being charged after the expiration of your Free Trial, you must cancel your Membership prior to the end of the first month. We will continue to bill your Payment Method on a monthly basis for your Membership fee until you cancel.
4.2 We will begin billing your Payment Method the applicable monthly Membership fees – based on the subscription you selected – at the end of the Free Trial unless you cancel your Membership prior to the end of the Free Trial. To view the specific details of your Membership, including monthly Membership price and end date of your Free Trial, visit our website and click the “My Account” page. We may authorise your Payment Method through various methods, including authorising it up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorisation during your Free Trial period.
GroGro reserves the right, in its absolute discretion, to withdraw or modify any Free Trial offerings or promotions at any time without prior notice and with no liability.
4.3 To ensure that your credit, debit, charge card or PayPal account is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.
4.4 The price you pay is the price displayed on this website at the time we receive your order apart from the following two exceptions:
a) Non-GBP prices are based on the latest published exchange rates. Though we always try to honour the price originally displayed, should any material change in exchange rates occur between the time of purchasing and the time of dispatch (material as determined by the sole discretion of GroGro), we reserve the rate to charge you any additional amount (subject to your prior consent) or cancel the sale outright and refund you in full.
b) While we try and ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of goods you have ordered, we will inform you as soon as possible and give you the option of reconfirming your subscription at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund
4.6 All prices include VAT (where applicable) at the applicable current rates but exclude delivery charges, unless expressly stated otherwise.
5. Returns, Cancellations, Substitutions and Chat Sessions
5.1 If you are dissatisfied with one of our Products for any reason, GroGro will refund the amount paid for your most recent month of service or send a replacement item. All refund requests must be made within thirty (30) days of the date of shipment by GroGro. GroGro is not liable for Products that are damaged or lost in transit to GroGro. Promptly following GroGro’s receipt of your request (typically within five (5) business days), GroGro will credit the amount paid for the returned Product (less any shipping and handling costs/fees related to the original purchase, which are non-refundable) to the Payment Method you used to make the original purchase. Notwithstanding the foregoing, GroGro does not control when a specific credit card or payment method company processes a chargeback transaction. You are responsible for contacting your credit card or payment method company if you have questions about the status of the chargeback.
GroGro will not provide a refund for a request that is received by GroGro more than thirty (30) days after the date of original shipment. GroGro also does not provide a refund for returned Products that are damaged due to misuse, lack of care, mishandling, accident, abuse or other abnormal use.
5.2 You may cancel your Membership at any time by logging on to your account page within GroGro. To cancel a membership, please log in to My Account and cancel the necessary subscription. Cancellation requests submitted in this manner must be received at least one full calendar day prior to your next shipping date to avoid being charged for that shipment. Cancellation requests received after that shall take effect the following month. Cancellation requests received by GroGro through other channels may take up to five (5) days to process. If you have any problems, please contact our Customer Service team.
5.3 GroGro offers to its Members the ability to enter into an instant messaging session (“Chat Sessions”) with a GroGro Customer Service Member. In order to maintain a high standard of service and provide a safe environment for its Customer Service Members, GroGro reserves the right to refuse, discontinue, and/or block you from Chat Sessions for acts we consider to be inappropriate, such as unreasonable demands, misrepresentations, personally threatening or offensive language, and/or erratic behaviour or acts that violate the Terms of Service. If you do not agree to the Terms of Service, including these provisions relating to the Chat Sessions, please do not use the Chat Session service.
6. Intellectual Property
6.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available as part of your use of this website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors. Such permission will always be given in writing.
6.2 You acknowledge and agree that the material and content contained within this website is made available for your personal non-commercial use only and that you may only download such material and content for the purpose of using this website. You further acknowledge that any other use of the material and content of this website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
7. Liability and Indemnity
7.1 Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under applicable law.
7.2 Subject to Section 7.1 above, GroGro will use reasonable endeavours to verify the accuracy of any information on the site but makes no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the site or that it will be 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, reliability of the website GroGro will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website and GroGro accepts no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the site.
7.3 Subject to Section 7.1 above, other than as expressly provided in these terms and conditions with respect to specific products and except for the exclusive remedies set out at Section 5 above, any indemnities, warranties, terms and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under applicable law.
7.4 Subject to Section 7.1 above, GroGro will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent on negligent misrepresentations) or otherwise out of or in connection with the terms and conditions for any:
- economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or
- loss of goodwill or reputation; or
- special or indirect losses
- suffered or incurred by that party arising out of or in connection with the provisions of any matter under these terms and conditions.
7.5 Notwithstanding the above, subject to Section 7.1 GroGro’s aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the product(s) in respect of one incident or series of incidents attributable to the same clause.
7.6 This clause 7 does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.
7.7 We will take all reasonable precautions to keep the details of your order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.
8. Miscellaneous Provisions
8.1 The contract between us shall be governed by the laws of England and any dispute between us will be resolved exclusively in the courts of England. English is the only language offered for the conclusion of the contract.
8.2 We have selected our products on the basis that they will be used for domestic use only, if you are planning to use them for business purposes please make sure that you are covered by the appropriate insurance. Where you decide to use the products in the course of a business, we exclude (to the fullest extent permitted by law) those warranties and conditions relating to fitness for a particular purpose. Our maximum liability to business users arising out of or in connection with the products shall be limited to the replacement value of the product in question (except in the case of death or personal injury caused by our negligence or in respect of fraud). In relation to business users, we do not accept liability for the fitness of goods for business purposes, nor do we accept liability for loss of use of the item nor any loss over and above the cost of the item in the event of a claim for breach of warranty or condition.
8.3 GroGro shall be under no liability for any delay or failure to deliver products or otherwise perform any obligation as specified in these terms and conditions if the same is wholly or partly caused whether directly or indirectly by circumstances beyond its reasonable control.
8.4 To provide increased value to our customers, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
8.5 You may not assign or sub-contract any of your rights or obligations under these terms and conditions or any related order for products to any third party unless agreed upon in writing by GroGro.
8.6 GroGro reserves the right to transfer, assign, novate or sub-contract the benefit of the whole or part of any of its rights or obligations under these terms and conditions or any related contract to any third party.
8.7 If any portion of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these terms and conditions shall not be affected.
8.8 These terms and conditions do not create or confer any rights or benefits enforceable by any person that is not a party (within the meaning of the U.K. Contracts (Rights of Third Parties) Act 1999) except:
a) GroGro shall have the right to enforce any rights or benefits under these terms and conditions;
b) GroGro shall have the right to enforce and take the benefit of the rights or benefits of any limitation or exclusion or limitation of liability in these terms and conditions;
c) a person who is a permitted successor or assignee under Section 8.8 above of the rights or benefits of these terms and conditions may enforce such rights or benefits.
d) No consent from the persons referred to in Section 8.9 is required for the parties to vary or rescind these terms and conditions (whether or not in any way that varies or extinguishes rights or benefits in favour of such third parties).
8.9 No delay or failure by GroGro to exercise any powers, rights or remedies under these terms and conditions will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorised representative of GroGro.
8.10 These terms and conditions including the documents or other sources referred to in these terms and conditions supersede all prior representations understandings and agreements between you and GroGro relating to the use of this website (including the order of products) and sets forth the entire agreement and understanding between you and GroGro for your use of this website.