Terms of use

Terms of Sale

1. introduction

   1. About us. We are Sowvital Ltd, a company incorporated and registered in England and Wales under company number 12584044 and whose registered office is at 22-25 Farringdon Street, London, EC4A 4AB, England (“we”, “our”, or “us”). Our VAT number is GB382882360.

   2. We operate the website at www.sowvital.com (our “Website”).

   3. How to contact us. You can write to us by email at care@sowvital.com or by post to 22-25 Farringdon Street, London, EC4A 4AB, England.

   4. How we may contact you. If we have to contact you we will do so by writing to you at the email address or postal address you provided to us in your order. Any references in these Terms of Sale to “written” communication or to “writing” includes by way of email.

   5. If you buy products from us in one of our stores or order products through our Website, you agree to be legally bound by these Terms of Sale. The terms and conditions set out on this page (the “Terms of Sale”) explain the basis on which we supply products listed on our Website (“Products”) or which are available for purchase in any one of our stores. These Terms of Sale tell how we will provide Products to you, how you and we may change or end the contract, and what to do if there is a problem. They also set out your and our legal rights and responsibilities, and certain key information required by law. Please therefore read these Terms of Sale carefully before you make any purchase with us. 

   6. Other applicable terms. In addition to these Terms of Sale, you should also read the following terms and policies:

      • our Privacy Policy, which sets out information about how we use your personal information;

      • our Cookie Policy, which sets out information about the cookies that our Website uses; and

      • our Terms of Use, which govern your use of our Website.

   7. Your key legal rights. We are under a legal duty to supply Products that conform with the contract between you and us that is governed by these Terms of Sale and that is established when we accept your order (as explained in clause 2 below). See the box below for a summary of your key legal rights in relation to Products that you purchase from us (this information is not intended to replace the Terms of Sale on the rest of this page, which you should read carefully). Nothing in these Terms of Sale will affect your legal rights.

      The Consumer Rights Act 2015 says that Products must be as described, fit for purpose, and of satisfactory quality.  During the expected lifespan of your purchased Product, you are entitled to the following: up to 30 calendar days: if your purchased Product is faulty, you can get a refund; up to 6 months: if your purchased Product is faulty and cannot be repaired or replaced, you may be entitled to a refund;  up to 6 years: if your purchased Product does not last a reasonable length of time, you may be entitled to some money back.  If you purchase Products from us through our Website, then the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that up to 14 calendar days after receiving your Products, in most cases, you can change your mind and get a full refund. This right to change your mind does not apply to certain Products or orders – please see clause 7.3 below for further details. If you purchase Products from us in store, then you don’t have a legal right to a refund or replacement just because you change your mind; however, please get in touch with us about our returns policy as we may still be able to help you.  The information in this summary box summarises some of your key rights. It is not intended to replace the Terms of Sale on the rest of this page, which you should read carefully. For detailed information from Citizens Advice please visit www.citizensadvice.org.uk or call (+44) (0) 3454 04 05 06.

2. Our contract with you

   1. When you place an order in-store. If you buy Products from us in one of our stores, then, when you decide to place an order for those Products with us, this is when you offer to buy those Products from us. Any quotation given by us before you make place an order for Products is not a binding offer by us to supply those Products. 

   2. When you place an order on our Website. Please read and check your order carefully before submitting it. When you place your order at the end of the online checkout process, we will acknowledge that you have placed the order by email. This initial acknowledgement does not, however, mean that we have accepted your order.

   3. How we will accept your order. If you place an order for Products in one our stores, then we will only accept this order when we have both confirmed this in person and emailed to you a confirmation email. If you place an order for Products through our Website, then our acceptance of your order will not take place until we have sent an email to you confirming our acceptance of your order. Only at the point of our having sent to you a confirmation email will a legally binding contract will be in place between you and us on the basis of these Terms of Sale.

   4. If we cannot accept your order. If we are unable to accept your order (or part of it), we will inform you of this in writing and will not charge you for the ordered Products that we cannot provide to you. This will typically be for one or more of the following reasons:

      1. the Products in question are unavailable;

      2. we cannot authorise your payment;

      3. you are not allowed to buy the Products in question from us;

      4. we are not allowed to sell the Products in question to you;

      5. you have ordered too many Products; or

      6. there has been a mistake on the pricing or description of the Products in question (please note that, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect price).

   5. Your order number. We will assign an order number to your order, and this will be stated in the confirmation email that we send to you pursuant to clause 2.3 above. It will help us if you can tell us the order number whenever you contact us about your order.

   6. We currently sell to UK and EEA consumers only. Unfortunately, we do not currently accept orders from or deliver to addresses outside the United Kingdom or the European Economic Area (EEA). In addition, you may only buy Products from our Website or from one of our stores for non-business reasons. This means you may not purchase our Products from our Website or from one of our stores for the purposes of your trade, business, craft, or profession. We reserve the right to decline any order that we reasonably believe is for onward commercial or business sale other than through distribution channels approved by us. If you wish to purchase Products from us for business reasons, please contact us using the contact details provided at clause 1.2 above.

   7. Certain Products may be subject to age restrictions imposed by applicable laws. We are not permitted to supply such Products to individuals who do not satisfy the relevant age requirement and, if you are underage, you must not attempt to purchase these Products from us either in any of our stores or through our Website. In addition, if you register on our Website, use our Website and/or make a purchase through our Website, you confirm and certify that the information you provide (including your date of birth) is complete, accurate, and up to date. This personal information will be handled in accordance with our Privacy Policy.

3. product information AND QUALITY

   1. Products may vary slightly from their pictures. The images of the Products on our Website or on their packaging are for illustrative purposes only. Although we have made every effort to display the colours of our Products accurately on our Website, we cannot guarantee that your device’s display of the colours accurately reflects the colour of the Products. Any Product that we deliver to you may vary slightly from those images. The packaging of a Product may vary from that shown in images on our Website or from that shown in-store.

   2. We must provide you with Products that comply with your legal rights. The Consumer Rights Act 2015 entitles you to receive Products from us that are of satisfactory quality, are fit for purpose, and match the relevant description on our Website or in our stores (but please note clause 3.1 above). We take reasonable care to ensure that the details of the Products that we make available for purchase are correct. Any Products sold at discount prices will be identified and sold as such. 

4. PAYMENT

   1. Product prices. The price of each Product indicated on our Website and in our stores includes value-added tax (VAT) at the applicable rate (see clauses 4.2 and 5.2 below) and is in British pounds sterling (£). This price does not include the cost of any carrier bags that you may request when making purchases in any of our stores (please ask us to confirm the price of this before you request a carrier bag from us) and does not include any delivery/shipping costs, which will be stated on the order pages displayed on your device at the time you place the relevant order (or, if you are placing an order for Products to be delivered to your address at one of our stores, those costs will be given to you at the time you place that order). We take all reasonable care to ensure that the price of the Products advised to you is correct. If we discover an error in the price of any Product that you order from us before we accept your order, then clause 2.3 above will apply. If any such error is discovered after we accept your order, then you may end your contract with us in accordance with clause 7.6 below. 

   2. Changes in VAT. If the rate of VAT changes between your order date and the date we supply your ordered Product, we will adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.

   3. Security of our payment mechanisms. We will do all that we reasonably can to ensure that all of the information you give us when paying for Products is secure by using an encrypted secure payment mechanism. However, in the absence of: (a) negligence on our part; (b) any failure by us to comply with this contract or our Privacy Policy; or (c) breach by us of our duties under applicable laws, we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you provide to us.

   4. Paying for Products. We card payments in-store but do not accept cash payments. If you purchase Products from us through our Website, then your credit card or debit card will be charged when you place an order with us for the relevant Products. We do not accept American Express as a payment method. Please note that all payments made by credit or debit card will also need to be authorised by the relevant card issuer, and we may also need to use extra security steps. If the relevant card issuer refuses to authorise payment, we will not accept your order and we will not be responsible for any delay or non-delivery, and we are not obliged to inform you of the reason for the refusal. We are not responsible for the relevant card issuer or bank charging you as a result of our processing of the credit or debit card payment in accordance with your order.

   5. If your payment has not been received. If we have not received your payment but you have already received the ordered Products, you must pay for those Products within 30 calendar days of your receipt of them or return them to us as soon as possible (if so, you must keep those Products in your possession, take reasonable care of them, and not use them before you return them to us). In these circumstances, please return those Products to us in accordance with clause 7.9 below. If you do not return the Products in these circumstances and have not paid for them, we may collect the Products from you at your expense. We will try to contact you to let you know if we intend to do this.

5. delivery

   1. Delivery costs. If you need Products that you order in-store to be delivered to you and ask that we do so, then we will advise you of your delivery options and costs in-store at the time you place you order. If you purchase Products through our Website, the costs of delivery of the Products will be as displayed to you on our Website at the time your place your order for them.

   2. International deliveries. UK VAT is not due where the delivery is made to a destination outside the UK but import VAT and other import duties may be due on deliveries to countries outside of the UK. We cannot be held responsible if any local customs authorities wish to confiscate any particular item or charge any import duty or import VAT, as we have no control over this. You are responsible for paying any import duty or import VAT on delivery. Please contact your local customs office for further information before placing your order. We are not responsible for any delays in customs clearance. You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.

   3. When we will deliver ordered Products. The estimated date for the delivery of your ordered Products to you will be set out in the confirmation email sent to you once we have accepted your order. Please note that this is an estimated date only, and we cannot guarantee that the ordered Products will be delivered by that date. However, we will endeavour to deliver ordered Products within 30 days after the day on which we accept your order. We may deliver your ordered Products in instalments.

   4. We are not responsible for delays outside our control. If our supply of the ordered Products is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be responsible for delays caused by the event, but if there is a reasonable likelihood of substantial delay you may contact us to end the contract and receive a refund for any ordered Products that you have paid for but not received (please see clause 7.6 below for further details).

   5. If you are not at home when ordered Products are delivered. If no-one is available at your address to take delivery and the ordered Products cannot be posted through your letterbox, a note will be left to inform you of how to rearrange delivery or collect the ordered Products from a local depot. If, after a failed delivery to you, you do not rearrange delivery or collect the ordered Products from a delivery depot, we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 7.7 below will apply.

   6. When you become responsible for and when you own ordered Products. You will become responsible for any Product that you order as soon as we deliver it to the address that you gave to us for the purposes of the order. In other words, the risk in any ordered Product passes to you when you take possession of it. However, you will not own any Product that we deliver to you until we have received payment from you for that Product in full. Please inspect your order upon receipt and contact us immediately using the contact details provided at clause 1.2 above if any Product that you have ordered is defective, faulty, or damaged or if you have receive the wrong item, so that we can evaluate the issue and make it right.

6. Rights to make changes

   1. Your rights to make changes to your order. If you wish to make a change to the Products you have ordered, please contact us as soon as possible using the contact details stated at clause 1.2 above. We will then let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the Products, the timing of supply, or anything else which would be necessary as a result of your requested change, and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end your contract with us (see clause 7 below for more information).

   2. Our rights to make changes. We may from time to time make minor changes to Products in order to reflect changes in relevant laws and regulatory requirements. If we make significant changes to Products (such as their price) or to these Terms of Sale, we will notify you in advance in writing, in which case you may then contact us to end your contract with us before those changes take effect and receive a refund for any Products that you have paid for but not yet received.

7. ENDING YOUR CONTRACT WITH US

   1. Ending your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract, as explained in the remainder of this section 7.

   2. Faulty, defective, or misdescribed Products. If Products that you have purchased through our Website are faulty, defective, or have been misdescribed, you may have a legal right to end your contract with us, or to get the Products in question replaced, or to get some or all of your money back. Please contact us using the contact details stated at clause 1.2 above if you would like us to replace faulty, defective, or misdescribed Products or to offer a price reduction, or if you would like to reject any such Products and receive a refund. Please note that you may not be entitled to a full refund of any such faulty, defective, or misdescribed Products if you do not contact us within 30 calendar days of the date on which those Products were delivered to you.

   3. Your right to change your mind. For most Products bought through our Website (but not in-store), you have a legal right under the Consumer Contracts Regulations 2013 to change your mind (without giving any reason to us for doing so) within 14 calendar days of the day on which the ordered Products were delivered to you (unless your order is split into several different deliveries over different days, in which case you can exercise this right until 14 calendar days after the day the last instalment of the order was delivered to you) and receive a refund. See clause 7.4 below for more information on how to exercise this right to cancel. Please note that this right to change your mind does not apply to any order placed by you in-store, or for any order placed by you through our Website and which is:

      1. for any Products that we have specifically personalised for you or that have been made to your specifications; 

      2. for any sealed Products that are not suitable for return due to health or hygiene reasons if they were unsealed after their delivery to you (but please see clause 7.2 above if such Products were damaged or faulty when delivered to you); 

      3. for any Products liable to deteriorate or expire rapidly; or

      4. less than £42.

   4. How to exercise your cancellation right. To exercise your right to cancel as described in clause 7.3 above, you must inform us of your decision to cancel this contract by writing to us before the cancellation period stipulated in clause 7.3 has expired using the contact details stated at clause 1.2 above. You can use the model cancellation set out in the box below to do this, but it is not mandatory for you to use the below wording (but your communication to us must be a clear statement in order to exercise your cancellation right).

      ORDER CANCELLATION REQUEST To Sowvital Ltd: I hereby give notice that I wish to cancel my contract of sale in relation to the following Products that I ordered through your website at www.sowvital.com: [Please list the Products here]. The above Products were the subject of my order no. [Please insert your order number here], which was placed on [please insert the date on which you placed the relevant order]. Name: [Please insert your full name] Address: [Please insert your address, as provided to us when you placed your order] Date: [Please insert the date on which you send this order cancellation request to us]

   5. If you exercise your cancellation right. If you cancel an order with us in accordance with clauses 7.3 and 7.4 above, we will reimburse to you all payments that we have received from you in respect of that order, including the costs of delivery and return of any Products (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery available). Products that have been delivered to you must be returned to the address stated at clause 7.9 below. We may make a deduction from the reimbursement for any loss in value of any Product supplied if you handle it in a way which would not be acceptable in-store (for example, we will reduce your refund if the Product's condition is not “as new”, price tags have been removed, the packaging is damaged, or accessories are missing; and, in certain cases, because of the way you may have treated the Product, no refund may be due). We will make the reimbursement no later than 14 days after the day we receive back from you any Products supplied, or, if earlier, no later than 14 days after the day that you provide evidence to us that you have returned the Products to us (or, if no Products were supplied, no later than 14 days after the day on which we are informed about your decision to cancel your contract with us). We will make the reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of the reimbursement.

   6. Other circumstances where you can end your contract with us. You can also end your contract with us if we have told you about an error in the price or description of a Product you have ordered and you do not wish to proceed, if there is a reasonable likelihood that the delivery of your ordered Products will be significantly delayed because of events outside our control, or you have a legal right to end the contract because of something we have done wrong. In any of these circumstances, you will need to let us know that you wish to end the contract with us by contacting us using the contact details stated at clause 1.2 above, in which case we will refund you in full for any Products that have not been provided to you.

   7. We may end our contract with you if you break it. We may end the contract with you in respect of any Product that you purchase from us at any time by writing to you if you do not make any payment to us by the time it is due or do not, within a reasonable time, allow us to deliver the Products to you. If we end our contract with you for either of these reasons, we will refund any money that you have paid in advance for ordered Products that we have not provided, but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

   8. Our right to receive money owed to us. If our contract with you is ended, it will not affect our right to receive any money which you owe to us under that contract.

   9. Returning Products to us. If you are returning Products to us in accordance with these Terms of Sale, please (unless we inform you in writing otherwise) return them in person to one of our stores or, alternatively, please contact us using the contact details provided at clause 1.2 above and, if your return is accepted, we’ll send you a return shipping label, as well as instructions on how and where to send your package. Items sent back to us without first requesting a return will not be accepted. If you opt to return Products via the latter method, please keep a receipt or other evidence from the delivery service that proves you have sent it and when you sent it. If you do not do this and we do not receive the returned Products at all or within a reasonable time, we will not be able to refund the price of those Products to you. You will also need to have kept the relevant receipt or proof of purchase in respect of the Products that you wish to return to us. Where you return a Product to us and request a refund in accordance with these Terms of Sale, we will notify you once we've received and inspected your return, and will let you know whether your refund request is approved or not. If approved, you’ll be automatically refunded on your original payment method. Please remember it can take some time for your bank or credit card company to process and post the refund too. We may reduce your refund if you have used or damaged the Product. If you handle the Product in a way which would not be acceptableå in-store, we will reduce your refund to compensate us for its reduced value. For example, we will reduce your refund if the Product's condition is not “as new”, price tags have been removed, the packaging is damaged, or accessories are missing (and, in certain cases, because of the way you may have treated the Product, no refund may be due).

8. Our responsibility for loss or damage suffered by you

   1. We are not responsible for all losses caused by us or our Products. If we fail to comply with these Terms of Sale, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen (for example, if you discussed it with us during the sales process). Subject to clause 8.2 below, we are not responsible for losses that you suffer that are caused by us if it was not obvious that those losses would happen and nothing that you said to us before we accepted your order meant we should have expected it (i.e. the loss was unforeseeable). We are also not responsible for losses caused by a delaying event outside our reasonable control or which are the result of something you could have avoided by taking reasonable action, including following our reasonable instructions for the use of our Products or any warnings or directions stated on their packaging.

   2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes our liability for any of the following: 

      1. death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors; 

      2. fraud or fraudulent misrepresentation; or

      3. breach of your legal rights in relation to the Products (as detailed in clause 3.2 above).

   3. We are not responsible for business losses. We only supply Products for domestic and private use. If you use the Products for any commercial, business, professional, trade, or resale purpose, we will have no liability to you or to anyone else for any loss of profit, loss of business, business interruption, or loss of business opportunity.

9. complaints and disputes

   1. We will try to resolve any complaints or disputes with you quickly and efficiently. If you are unhappy with any Products you receive, our service to you, or any other matter for which we are responsible, please contact us as soon as possible using the contact details stated at clause 1.2 above. If we cannot resolve any dispute with you via our internal complaint handling procedure, we will let you know this in writing. 

10. YOUR PERSONAL INFORMATION

    1. Your privacy and personal information are important to us. We will only use your personal information as set out in our Privacy Policy and Cookie Policy. These explain what personal information we collect from you, how and why we collect, store, use, and share such information, your rights in relation to your personal information, and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.

11. Other important terms

    1. We may transfer our rights and obligations under these Terms of Sale to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

    2. You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Terms of Sale to another person if we agree to this in writing. 

    3. Nobody else has any rights under our contract with you. No other person shall have any rights to enforce any of these Terms of Sale.

    4. If a court finds any of these Terms of Sale unlawful, the remainder will continue in force. Each clause in these Terms of Sale operates separately. If any court or relevant authority decides that any of them is unlawful, the other Terms of Sale will remain in full force and effect.

    5. Even if we delay in enforcing our rights under these Terms of Sale, we can still do so later. If we do not insist immediately that you do anything you are required to do under these Terms of Sale, or if we delay in taking steps against you in respect of your breaking your contract with us, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. 

    6. Which laws apply and where you may bring legal proceedings. These Terms of Sale are governed by English law and, wherever you live, you can bring claims against us in the English courts. If you live in the Wales, Scotland, or Northern Ireland, or any EEA country, then you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.