Terms and Conditions
1. Introduction
Welcome to Stem Story. This webpage contains the Terms and Conditions (the "Terms") that govern the use of our website and the purchase of our products and services. By accessing, using or making a purchase from the Stem Story website, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our website or purchase our products or services.
2. Definitions
In these Terms:
"Stem Story," "us," "we,", “seller” or "our" refers to the owner of the website.
"You", "Your" or “Buyer” refers to the website user, purchaser, or viewer.
"Services" refers to any services listed for sale on our website.
"Products" or “Collections” refers to any items listed for sale on our website.
3. Use of the Website
You agree not to use the website for any unlawful purpose or in a way that is prohibited by these Terms. You will respect all intellectual property rights and will not reproduce, redistribute, sell, publish, broadcast or circulate any information or products obtained from the website.
4. Products/Collections and Services
All products/collections and services are subject to availability.
Prices for products and services may change without notice.
We reserve the right to refuse or cancel any order you place for any reason at any time
5. Payment and Refunds
All payments must be made at the time of purchase.
All major credit and debit cards are accepted.
Refunds will be provided at our sole discretion.
6. Delivery of Products/Collections
Any delivery times quoted are an indication only and may in no event be regarded as being of the essence, unless otherwise expressly agreed in writing. The Seller will not be liable for any loss incurred by the Buyer as a result of delays beyond the delivery time quoted.
Should the Seller not be able to perform (part of) an order, they will inform the Buyer as soon as possible. If the Seller is not able to deliver the ordered quantity, he may deliver other products that are similar or of the same value.
Unless otherwise expressly agreed in writing the Seller’s warehouse or processing area or any other place indicated by the Seller will be regarded as the place of delivery. The risk is transferred to the Buyer at the moment of delivery or, in the event of transportation, at the moment the products are handed over to the haulier or leave the delivery location to be transported, irrespective of whether the transportation takes place from the delivery location and/or whether the Buyer or the Seller pays the transportation costs.
Delivery will be free only if and to the extent as so agreed and stated by the Seller in the order confirmation.
If the Buyer has not taken delivery of the products at the agreed time and place, the Buyer will be in default and liable for any loss in quality. The products ordered will be available to the Buyer during storage and will be stored to the Buyer’s account and at the Buyer’s risk.
If, however, the Buyer has not taken delivery of the products after a limited storage period (that may be considered reasonable in view of the product type) and if in the opinion of the Seller the risk of loss of quality and/or decay of the products so demands in order to limit loss, the Seller will be entitled to sell the products in question to a third party.
Non-performance by the Buyer does not relieve him of his obligation to pay the full price.
The Seller will not be liable for any loss incurred as a consequence of non-delivery.
7. Force Majeure
In the event of force majeure the Seller may fully or partly rescind the agreement or postpone delivery for the duration of the force majeure.
‘Force majeure’ includes, but is not limited to, circumstances such as civil commotion, war, strikes, natural disasters, epidemics, pandemics, terrorism, weather conditions, traffic conditions such as roadblocks, road work or traffic jams, fire, government measures or the , such, also if these circumstances relate only to the execution of the agreement by enlisted third parties such as a supplier of the Seller or a haulier.
An example of force majeure explicitly includes the situation that the Seller's (main) bank applies or will apply regulations, which may result in the Seller's relationship with this bank being terminated or at risk of being terminated if the agreement between the Seller and the Buyer is maintained, such in the opinion of the Seller.
8. Packaging
The products will be packaged in the manner that is customary in the flower and plant wholesale trade in such a way as will be determined by the Seller in accordance with sound business practice, unless otherwise agreed in writing.
9. Refunds, Replacements and Complaints
Notification regarding complaints concerning visible defects, including quantities, sizes and/or weight, must be received by the Seller by e‑mail or using our online form immediately after discovery but at the latest within 24 hours of receipt. The Buyer or recipient of the products must also note any visible complaint upon delivery on the transport documents in question.
Complaints concerning non-visible defects in products delivered must be notified to the Seller immediately after discovery. If the complaint was not submitted in writing, it must be confirmed to the Seller in writing within 24 hours.
A complaint must in any event contain: a. a detailed and accurate description of the defect(s), supported by evidence in the form of, for example, photos or an expert report; and b. a statement of any other facts from which it can be inferred that the products delivered and the products rejected by the Buyer are one and the same.
The Buyer is to enable the Seller to investigate, or instigate an investigation of, the validity of the complaints on location and/or to take back the products delivered, unless the Seller has explicitly agreed in writing to waive an investigation on location. The products must be kept in the original packaging.
Complaints that concern only a part of the products delivered will not entitle the Buyer to reject the entire delivery. 6. Once the time limits referred to in VII.1 and 2 have elapsed, the Buyer will be deemed to have accepted the products delivered and the invoice rendered. The Seller will then no longer be obliged to handle any claims submitted by the Buyer.
If a complaint submitted by the Buyer proves unfounded, the Buyer shall reimburse the Seller for any costs incurred in connection with the investigation.
10. Liability
The Seller is not liable for any loss incurred by the Buyer, unless and to the extent the Buyer proves, that the loss was caused by intent or gross negligence on the part of the Seller.
Defects concerning any possible phytosanitary and/or other requirements that are applicable in the country of importation do not entitle the Buyer to any indemnification or rescindment of the agreement, unless and to the extent that the Buyer has informed the Seller of these requirements beforehand in writing.
The Seller is never liable for any consequential loss suffered by the Buyer. Should the Seller nevertheless have to indemnify a loss, liability of the Seller for any loss incurred by the Buyer will not exceed the invoice value of the part of the products delivered to which the claim applies.
Unless otherwise expressly stated, the products delivered are intended exclusively for decorative purposes and are not suitable for internal consumption. The Seller notes that the products may have harmful effects on humans and/or animals in the event of incorrect use, consumption, contact and/or hypersensitivity. In addition, moisture dripping from some products can cause damage to materials that it comes into contact with. The Buyer must pass on this warning to its customers and indemnifies the Seller against any and all claims from third parties, including end users, in respect of these consequences.
11. Intellectual Property
The website and all content, including but not limited to text, graphics, logos, and images, are the property of Stem Story and are protected by international copyright laws.
12. Termination
We reserve the right to terminate your access to our website or any related service for violating any of the terms mentioned herein.
13. Indemnification
You agree to indemnify and hold Stem Story harmless from any claim or demand, including legal fees, made by any third party due to or arising out of your breach of these Terms or your violation of any law or the rights of a third party.
14. Governing Law
These Terms are governed by and interpreted in accordance with the laws of the jurisdiction in which Stem Story operates. Any disputes arising out of or relating to these Terms will be subject to the exclusive jurisdiction of the courts of that jurisdiction.
15. Changes to the Terms
We reserve the right to change, modify, or revise these Terms at any time. Any changes will be effective immediately upon posting to our website, and your continued use of the website after such changes are posted will signify your agreement to these revised terms.
16. User Comments and Feedback
Any comments or feedback you provide to us shall be and remain the exclusive property of Stem Story. We may use such comments and feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
17. Privacy
Your submission of personal information through the website is governed by our Privacy Policy, which can be found on a separate page on our website.
18. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.
19. Entire Agreement
These Terms and any policies or operating rules posted on the website constitute the entire agreement between you and Stem Story and govern your use of the website and the purchase of any products or services.
20. No Waiver
The failure of Stem Story to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
21. Contact Information
Any questions or concerns about these Terms should be directed to:
Stem Story
hello@stemstory.co.uk
By using our website or purchasing our products or services, you agree to abide by these Terms and Conditions. Please read them carefully before using the website or making a purchase.