TERMS & CONDITIONS

Guaranteed Shipping

Our guaranteed shipping policy ensures that you are covered in the event of a lost package during transit. Please refer to Overgrow's *shipping policy.

48 Hours Payment Window

To secure your items, we provide a payment window of 48 hours from the time of placing your order. After this period, we reserve the right to cancel your order and return the products to stock on our website.

No Returns Policy

Please note that all sales are final, and we do not accept returns. If you wish to cancel your order before it has been shipped, we can accommodate that. However, once an item has been shipped, it cannot be returned to us.

Legal Notice

Seeds are used at one’s own discretion for souvenirs, bird feed, fishing bait, or for private adult use in the privacy of one's own home. By placing an order on our website, you confirm that you are of legal age, 18 years or older and agree to comply with the applicable laws of your country. 

With the order, the customer declares that he knows the respective legal situation. Should the customer transgress the laws in force in his country, he hereby acknowledges that the company Overgrow does not take responsibility for it.

Typos & Mislabelled Descriptions

Occasionally, with a wide range of products on our site, errors may occur, such as incorrect pricing, freebies, or strain listings. We regret any mistakes made and will not be held accountable for these errors, as they can negatively impact our seed bank over time. We apologise for any inconvenience caused.

Germination Warranty

Considerations

Essentially seeds are living organisms, that may occasionally fail to germinate. The viability, growers error or less than ideal environmental conditions can contribute to a seed not germinating. It is not our intention to assign blame, but rather to highlight the inherent variability in the germination process.

Conditions

Discounted packs labelled Clearance do not carry any warranties.

• There is a 60 day replacement policy from date of purchase.
• One must have germinated all the seeds from the same order
• You need to have followed one of Overgrow's recogmended gemination techniques guides.

What to do

• Contact us as soon as possible
• Include the order number
• How many seeds of which brand, strain/s failed to germinate
• Any supporting photos &/ videos are most welcome

Replacment

• No refunds
• We will credit your account
• Account credits excludes shipping costs

Product Details 

The products on Overgrow details are provided by the suppliers. They nurtured the plants indoors under optimal conditions. Consider the information as a helpful guide for choosing a strain, but please be aware that Overgrow is not liable if the seeds do not meet ones expectations. 

General Terms

By accessing and placing an order with Overgrow, you acknowledge and agree to be bound by the following Terms & Conditions. These terms apply to the entire website and any communication between you and Overgrow, including email correspondence.

Overgrow and its team shall not be held liable for any direct, indirect, special, incidental, or consequential damages, including loss of data or profit, arising from the use or inability to use the materials on this site. Should your use of these materials result in the need for equipment servicing, repair, or data correction, you assume any associated costs.

Overgrow is not responsible for any outcomes that may arise during the use of our resources. We reserve the right to change prices and revise our usage policies at any time. Please note that seeds are sold strictly as novelty items, and we do not provide grow advice. There are dedicated forums and YouTube channels available to address any questions you may have.

License

Overgrow grants you a revocable, non-exclusive, non-transferable, and limited license to download, install, and use the website in accordance with the terms of this agreement.

These Terms & Conditions serve as a contract between you and Overgrow, the provider of the Overgrow website and services accessible through it (referred to as the "Overgrow Service"). By using the Overgrow Service, you agree to be bound by these Terms & Conditions. The term "you" refers to both individuals and entities. Violation of these Terms & Conditions may result in the cancellation of your account or restricted access without notice.

Definitions and Key Terms

To ensure clarity, the following terms used in this document are strictly defined as follows:

• Cookie: A small amount of data generated by a website and saved by your web browser to identify and provide certain functionalities such as analytics and remembering user preferences or login information.
• Company: Refers to Overgrow, responsible for your information under these Terms & Conditions.
• Country: Indicates the location of Overgrow or its owners/founders, which in this case is South Africa.
• Device: Any internet-connected device, including phones, tablets, computers, or other devices used to access Overgrow and its services.
• Service: Refers to the services provided by Overgrow as described in the relevant terms (if available) and on this platform.
• Third-party service: Refers to advertisers, contest sponsors, promotional and marketing partners, and others who provide content or products/services that may be of interest to you.
• Website: Refers to the Overgrow site accessible via the URL: https://overgrow.co.za
• You: An individual or entity registered with Overgrow to use its services.

Restrictions

To ensure a fair and secure environment, you agree to the following restrictions:

• You will not license, sell, rent, lease, distribute, or make the Overgrow website available to any third party.
• Modification, reverse engineering, or removal of any proprietary notices of Overgrow or its affiliates is prohibited.

Payment

When using our one-time payment plans, you are responsible for timely payment according to the fees and billing terms in effect. Overgrow is authorised to verify your payment information and invoice your account without additional notice. You must notify Overgrow of any billing address or credit card changes. Any collection costs incurred due to delinquent payments will be your responsibility. No contract is in effect until Overgrow confirms your order.

Please note that you are responsible for any third-party fees incurred while using our service.

Return and Refund Policy

Any concerns regarding the seeds must be addressed directly to Overgrow. We will address all complaints on a case by case basis and may or may not replace the seeds at our discretion. Note that our decision is final. Please refer to *Overgrow's germination terms.

Your Suggestions

Any feedback, comments, ideas, improvements, or suggestions (collectively referred to as "Suggestions") you provide to Overgrow regarding the website will be considered the exclusive property of Overgrow. We are free to use, copy, modify, publish, or redistribute these Suggestions without providing credit or compensation to you.

Your Consent

By using our website, creating an account, or making a purchase, you consent to our updated Terms & Conditions. We strive for transparency and want you to have a clear understanding of how your information is used when you visit our site.

Links to Other Websites

Our Terms & Conditions apply solely to the Services provided by Overgrow. The Services may contain links to external websites not operated or controlled by Overgrow. We do not endorse or take responsibility for the content, accuracy, or opinions expressed on these external websites. When you navigate to another website through a link on our platform, please note that our Terms & Conditions no longer apply, and you are subject to the rules and policies of that website. These third-party websites may use their own cookies or similar methods to collect information about you.

Cookies

Overgrow uses "Cookies" to identify the areas of our website that you have visited. Cookies are small pieces of data stored on your computer or mobile device by your web browser. While non-essential to the basic functionality of our website, Cookies enhance performance and functionality. Disabling Cookies may result in limited access to certain features or the need to repeatedly enter your login information. We do not store Personally Identifiable Information in Cookies.

Changes to Our Terms & Conditions

Overgrow reserves the right to cease providing the Service, either temporarily or permanently, at our sole discretion and without prior notice. You may choose to discontinue using the Service at any time without notifying Overgrow. If access to your account is disabled, you may lose access to the Service, your account details, and any files or materials contained within.

Modifications to Our Website

Overgrow may modify, suspend, or discontinue the website or any connected services, with or without notice, and without liability to you.

Updates to Our Website

Overgrow may provide enhancements or improvements to the website's features and functionality, including patches, bug fixes, updates, upgrades, and other modifications (collectively referred to as "Updates"). These Updates may modify or remove certain features and functionalities. Overgrow has no obligation to provide Updates or maintain specific features or functionalities.

You acknowledge that all Updates are an integral part of the website and subject to the terms and conditions of this Agreement.

Third-Party Services

Overgrow may display, include, or provide access to third-party content, products, or services ("Third-Party Services"). You acknowledge that Overgrow is not responsible for the accuracy, completeness, legality, or any other aspect of these Third-Party Services. Your use of Third-Party Services is at your own risk and subject to the terms and conditions set by the respective third parties.

Term and Termination

This Agreement remains in effect until terminated by you or Overgrow. Overgrow reserves the right to suspend or terminate this Agreement at any time and for any reason without prior notice. You may terminate this Agreement by deleting the website from your computer. Upon termination, you must cease all use of the website and delete all copies.

Copyright Infringement Notice

If you believe any material on our website infringes your copyright, please contact us with the required information outlined in our Copyright Infringement Notice section.

Indemnification

You agree to indemnify and hold Overgrow and its affiliates, officers, employees, and agents harmless from any claims or demands, including reasonable attorney's fees, arising from your use of the website or violation of this Agreement or any applicable laws or rights of third parties.

No Warranties

The website is provided "AS IS" and "AS AVAILABLE" without any warranties, express or implied. Overgrow disclaims all warranties, including but not limited to merchantability, fitness for a particular purpose, and non-infringement. Overgrow does not guarantee that the website will meet your requirements, operate without interruption, be error-free, or that any errors or defects will be corrected.

Limitation of Liability

Overgrow and its suppliers shall not be liable for any special, incidental, indirect, or consequential damages arising from the use or inability to use the website, even if advised of the possibility of such damages. In no event shall the liability of Overgrow and its suppliers exceed the amount paid by you for the website.

Severability

If any provision of this Agreement is deemed unenforceable or invalid, the remaining provisions shall remain in full force and effect. This Agreement constitutes the entire agreement between you and Overgrow regarding your use of the website.

Amendments to this Agreement

Overgrow reserves the right to modify or replace this Agreement at any time. We will provide notice of any material changes. By continuing to access or use the website after the changes become effective, you agree to be bound by the revised terms.

Intellectual Property

The website and its contents are owned by Overgrow and protected by copyright and other intellectual property laws. Unauthorized use of the material is prohibited.

Agreement to Arbitrate

This section outlines the process for resolving disputes between you and Overgrow. Please refer to the full Terms & Conditions for the complete agreement regarding dispute resolution.

Notice of Dispute

In the event of a dispute, the party initiating the dispute must provide a written Notice of Dispute to the other party. The parties will attempt to resolve the dispute through informal negotiation within a specified period. If unresolved, arbitration may be commenced.

Binding Arbitration

If you and Overgrow are unable to resolve a dispute through informal negotiation, any further attempt to resolve the dispute will be conducted through binding arbitration. This means that you waive the right to have the dispute heard in court before a judge or jury. The arbitration will be carried out in accordance with the commercial arbitration rules of the Arbitration act of 1965.  However, either party may seek interim injunctive relief from a court to protect their rights or property during the arbitration process. The prevailing party in the arbitration may also be entitled to recover legal costs and expenses from the non-prevailing party.

Submissions and Privacy

Any submissions or posts you make to Overgrow, such as ideas, suggestions, or creative content, will be treated as non-confidential and non-proprietary. Overgrow and its affiliates may use these submissions without providing any compensation or credit to you. By submitting content, you grant Overgrow the right to use the ideas contained in your submissions for any purpose, including product development, marketing, and manufacturing.

Promotions

Overgrow may run contests, promotions, sweepstakes, or other activities that require you to provide personal information. These activities may have separate rules and eligibility requirements, which you must review and comply with. Additional terms and conditions may also apply to purchases made through the Services.

Typographical Errors

In the event that a product or service is listed with incorrect information or pricing due to a typographical error, Overgrow reserves the right to refuse or cancel any orders placed for that product or service. If your order is cancelled and you have already been charged, Overgrow will issue a credit to your account.

Miscellaneous

If any provision of these Terms & Conditions is found to be unenforceable, the remaining provisions will still be valid and in effect. Any waiver of a provision must be in writing and signed by an authorised representative of Overgrow. Overgrow may seek injunctive relief in the event of a breach by you. The Terms & Conditions are governed by the laws of the country where Overgrow operates. These Terms & Conditions constitute the entire agreement between you and Overgrow and cannot be changed or modified by you.

Disclaimer

Overgrow is not responsible for any content or inaccuracies on the website. The Service is provided "as is" and "as available" without warranties or guarantees. Overgrow will not be liable for any damages arising from the use of the Service or its contents. The Service may be changed or modified without prior notice.

Contact u

If you have any questions or concerns about Overgrow Terms & Conditions, please contact us:

• Website: https://overgrow.co.za
• Email: [email protected]