Terms of Use

In addition to the Terms of Use which govern your use of this site, StackandSprout.com (the “Site”), these Terms of Sale govern any order or purchase you, the individual completing this order (herein referred to as “you”), place or make on the Site. The Site is owned and operated by Stack & Sprout, Inc. (referred to herein as “Stack & Sprout”), which is the supplier for your order. By proceeding to place an order you agree to be bound by these Terms of Sale.  If you do not agree to these Terms of Sale, do not proceed with your order.  Please print and retain a copy of these Terms of Sale for your records.

  1. Ordering Process

    All advertisements on the Site are invitations to purchase and not offers to sell. Stack & Sprout reserves the right, at its sole discretion, to accept or reject any order you have completed and placed.

    You will receive online confirmation that your order has been received by Stack & Sprout after you place your order on the Site. This online confirmation that your order has been received by Stack & Sprout does not constitute acceptance of your order. Rather, the confirmation of acceptance of your order will be delivered via an automatic e-mail to the e-mail address associated with your order.

    In some instances, you may have the opportunity to pre-order products (such as out-of-stock or unreleased products and accessories) on the Site before they are available for sale. When you place such an order, your credit card will be authorized, but it will not be charged until the item(s) ordered are given to a shipper for shipment to you. If Stack & Sprout changes its price between when you order a product, and when your item ships, you will be charged the lower of the two prices. Taxes and shipping will apply as of the date of Stack & Sprout’s acceptance of the order.

    1. Acceptance, Rejection or Cancellation of Orders

    The confirmation of acceptance of your order will be delivered via an automatic e-mail to the e-mail address associated with your order. There may be certain orders that Stack & Sprout must reject before acceptance or cancel after acceptance. Stack & Sprout reserves the right at any time after receipt of your order to accept or reject your order for any reason and Stack & Sprout will contact you at the e-mail address provided in the order form of its decision to accept or reject your order. In the event that Stack & Sprout rejects the order,

    Stack & Sprout will have no obligation to fulfill your order and you will have no obligation to pay Stack & Sprout for the order. Stack & Sprout also reserves the right, at its sole discretion, to cancel any order after acceptance for any reason. Without limiting the generality of the foregoing, and for your information only, some situations that may result in your order being rejected or cancelled are:

    • Limitations on quantities available for purchase;
    • Inaccuracies or errors in product or pricing information;
    • A product recall on the item that you have purchased; or
    • Problems identified by Stack & Sprout’s third party credit processor.

    Stack & Sprout may also require additional verifications or information before accepting any order. Stack & Sprout will contact you if all or any portion of your order is rejected after your order has been placed but before or after it is accepted by Stack & Sprout or if additional information is required to consider whether or not to accept your order.

    1. Availability and Description of Products

    The purchase of products on the Site is subject to availability. In the event that Stack & Sprout advises you that any products are no longer available, Stack & Sprout will have no obligation to fulfill your order and you will have no obligation to pay Stack & Sprout for the order.

    Product descriptions, representations, warranties, guarantees and performance claims are provided by our vendors and are not independently verified by Stack & Sprout. The accuracy of such representations is the sole responsibility of the vendors. While the Site attempts to be accurate in its product descriptions, Stack & Sprout does not represent or warrant that product descriptions or other Content on this Site is accurate, complete, reliable, current, or error-free. If you find that a product you purchase is not as described, your sole remedy is to return it in accordance with Stack & Sprout’s Return Policy

    1. Price

    By confirming your purchase at the end of the check out process, you agree to pay Stack & Sprout the amount set out as the ORDER TOTAL (the “Purchase Price”) in the Confirm Order and Shipping Address section of the checkout process, subject to adjustment as described herein. The ORDER TOTAL is quoted in US

    dollars and includes shipping and handling fees, any applicable environmental or other additional fees, and an estimate of all applicable taxes. Subject to applicable law, the Purchase Price will be charged in US dollars to your selected credit card, or PayPal account, by Stack & Sprout in one or more charges for each order you have placed.  Please note that actual sales taxes and shipping costs are calculated on items as they are ordered.

    In the event that an item is listed on the Site at an incorrect price due to an error in pricing, Stack & Sprout will have the right, at Stack & Sprout's sole discretion, to reject or cancel any orders placed at that price for that item. In the event that an item is mispriced, Stack & Sprout may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation.

    For your convenience, the Site lists some products which also are carried by retailers authorized by Stack & Sprout for that purpose.  However, please note that products and prices available for online purchase on the Site may not be the same as those available at one or more of those retailers.  Furthermore, retailers’ pricing and offers will sometimes differ from online prices and offers.

    1. Quantity Limits and Dealer Sales

    Stack & Sprout reserves the right, at its sole discretion, to limit the quantity of items ordered by a person, a household or in an individual order. These restrictions may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to you should such limits be applied. Stack & Sprout also reserves the right, at its sole discretion, to refuse to sell to dealers or resellers. For purposes of these Terms of Sale, reselling is defined as purchasing or intending to purchase any product(s) from the Site for the purpose of engaging in a commercial sale or other transfer of title in that same product(s) to a third party.

    1. Method of Payment

    You may pay for your purchase using VISA, MasterCard, or American Express or use Paypal.  By placing your order, you authorize Stack & Sprout to charge the applicable card or method for the Purchase Price and you represent and warrant that you are the cardholder of the applicable card or account holder of the applicable account. If your card is rejected by the card issuer, or account declined by Paypal, your order will not be shipped and Stack & Sprout will have no obligation to fulfill your order.

    The Terms of Sale applicable to your order are the Terms of Sale in effect on the date that you place your order, as made available to you when you complete the check out process. Stack & Sprout may modify its Terms of Sale from time to time in accordance with applicable laws and, subject to those laws, without any prior notice to any person. Any such modification will apply to any order placed after the effective date of the modification. Therefore, each time you place an order with Stack & Sprout you represent that you have accessed, read and accepted the Terms of Sale applicable to and governing that order.

    1. Shipment

    Your order will be shipped by Stack & Sprout or by one of Stack & Sprout's third party distributors at Stack & Sprout’s sole discretion. The exact carrier delivering your item(s) will be identified in the shipping confirmation email you will receive once your order has shipped.

    Stack & Sprout is not responsible for any loss of or damage to the products following transfer of possession of such products by Stack & Sprout or by an agent of Stack & Sprout or by a retailer of Stack & Sprout products to the applicable carrier for shipment to your delivery address.

    1. Cancellation, Returns, Refunds, and Exchanges

    You may have certain statutory rights to cancel your order under applicable laws, including without limitation consumer protection laws and Stack & Sprout will respect all such applicable laws.

    At this time all sales made by you with Stack & Sprout are final. Stack & Sprout does not accept any returns or exchanges and does not give any refunds on products sold.

    1. Passwords

    You are responsible for the security of your account and password on your Stack & Sprout mobile application. Stack & Sprout shall not be liable for any damages and expenses arising out of or relating to any unauthorized use of such account or password.

    1. Privacy

    Stack & Sprout’s personal information practices on the Site, including the collection, use and/or disclosure of your personal information and/or financial information, are governed by Stack & Sprout’s Privacy Policy.  Please review this Privacy Policy and print a copy for your records.

    1. Changes to the Terms of Sale

    In no event shall Stack & Sprout be liable to you for any direct, indirect, incidental, special, exemplary, punitive or consequential damages of any nature (including loss of use, loss of data, loss of profit and loss of savings) which you suffer or allegedly suffer, including without limiting the generality of the foregoing for damages arising in connection with or relating in any manner whatsoever to: (A) this Site; (B) any content, information or goods accessed, offered, purchased or sold through this Site or their use, suitability or availability (including the inability to use); (C) any transaction conducted on this Site; and (D) any unauthorized access to or alteration of your data.

    If the above exclusion or any portion thereof is found to be invalid or unenforceable for any reason, then the aggregate liability of Stack & Sprout for damages of any nature suffered by you shall in no event exceed the Purchase Price of your transaction.

    The above exclusion and limitation of liability shall apply whether or not a claim is in contract, tort (including negligence and product liability), strict liability, restitution, breach of statute or any other theory of law and even if Stack & Sprout had been advised or had reasons to know of the possibility of such damages. 

    In this Section 15, reference to Stack & Sprout means Stack & Sprout and its affiliates and their respective officers, directors, employees, contractors, and agents.

    Certain jurisdictions do not allow the exclusions of damages as provided above. If these laws apply to you, some of the exclusions referred to above may not apply to you. This Section 15 shall apply to you to the maximum extent permitted by applicable laws.

    1. Export

    You acknowledge that the goods sold on the Site, which may include technology and software, may be subject to applicable customs and export control laws and regulations. By purchasing technology or software from the Site, you agree to abide by all such applicable laws and regulations.

    1. Applicable Law

    These Terms of Sale will be governed by the laws of the Province of Ontario and the laws of Canada applicable therein unless the applicable laws of your Province, State, or Country of residence require that the laws of such state or Country

    govern, in which case, the laws of such Province, State, or Country are to govern. The exclusive jurisdiction for any claim, action or dispute with Stack & Sprout or relating in any way to your use of the Site or a purchase made on the Site will be in the courts of the Province of Ontario, unless required otherwise by applicable laws of your state or Country of residence.

    1. General

    These Terms of Sale together with the details of your order and the Terms of Use which govern your use of the Site constitute the entire agreement between you and Stack & Sprout with respect to any purchase made by you on or from the Site and supersede all previous agreements, understandings and representations relating thereto. If any provision of these Terms of Sale is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of these Terms of Sale shall remain in full force and effect. The delay or failure of Stack & Sprout to act with respect to a breach of these Terms of Sale by you or others does not constitute a waiver and shall not limit Stack & Sprout's rights with respect to such breach or any subsequent breaches. Stack & Sprout shall not be liable for any delay or failure to perform any of its obligations under these Terms of Sale if such delay or failure is due to causes beyond its control including, without limitation, weather-related and other shipping delays. You may not assign this product sale agreement to any third party without the prior written consent of Stack & Sprout. These Terms of Sale will be binding upon and will ensure to the benefit of (i) you and your heir, executor, administrator and other legal representatives; and (ii) Stack & Sprout and it successors and assigns. In the event of an inconsistency between the Terms of Use and these Terms of Sale, the wording in these Terms of Sale shall prevail. It is the express wish of the parties that these Terms of Sale and all related documents be drawn up in English.

    You may contact Stack & Sprout online on the Site or by email at support@stackandsprout.com.

    By accepting these Terms of Sale, you represent and warrant that you are of the age of majority in your jurisdiction. If you are not of the age of majority, you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Sale. If you are a parent or legal guardian agreeing to these Terms of Sale for the benefit of an individual under the age of majority, be advised that you are fully responsible for his or her use of this Site, including all financial charges and legal liability that he or she may incur.

    © 2024 Stack & Sprout, Inc. 

    May 28, 2024 Version