Terms and Conditions

New Sprout Organic Farms, LLC is the owner and operator of this website, www.newsproutfarms.com.

BINDING AGREEMENT.

BY BROWSING, ACCESSING OR OTHERWISE USING THE NEWSPROUT ORGANIC FARMS, LLC. WEBSITE, ("the Site") YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. New Sprout Organic Farms, LLC operates the Site, subject to the following TERMS OF USE AGREEMENT ("Agreement") concerning the use of the Site. If you are not willing to accept the terms of this Agreement, do not use the Site.

The information contained on the Site is subject to change without notice. The information on the Site is provided by New Sprout Organic Farms, LLC as a service and while we make reasonable effort to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the Site or the information, products, services, or related graphics contained on the Site for any purpose. Any reliance you place on such information is therefore strictly at your own risk. Reasonable effort is made to keep the Site up and running smoothly. However, New Sprout Organic Farms, LLC takes no responsibility for, and will not be liable for, the Site being unavailable due to technical issues beyond our control.

PRICES ARE SUBJECT TO CHANGE WITHOUT NOTICE. Our business involves products, such as organic fertilizers, that experience fluctuations in price due to changes in commodity inputs in the broader marketplace. We will do our best to maintain prices on the website that reflect market conditions, however, prices are subject to change without notice.

POLICY ON RETURNS AND CANCELLED ORDERS. Cancellation of any order will be subject to a service fee of up to 10% of the order total. Returned items are subject to inspection to insure they have not been opened. Shipping and Handling costs are not refundable. New Sprout Organic Farms, LLC will not accept the return of any items without authorization. Authorization can be obtained by calling Grower Support at 828 357 5501. Unauthorized returns will be refused and sent back at the customer’s expense. Authorized returns will be subject to a 10% restocking fee. Live plant stock cannot be returned. Any order that you submit shall be subject to the terms of this Agreement. Any order accepted and any products shipped by New Sprout Organic Farms, LLC, shall be subject to the terms of this Agreement.

PRODUCT DESCRIPTIONS.

New Sprout Organic Farms, LLC, its suppliers and affiliates attempt to be as accurate as possible. However, New Sprout Organic Farms, LLC does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free.

ALL PRICES IN US DOLLARS.

CHANGES IN PRICES, PROMOTIONS AND POLICIES.

New Sprout Organic Farms, LLC may change prices, promotions, and/or policies at any time or from time to time without advance notice. All such changes will be posted on the www.newsproutfarms.com website where applicable and will be effective when posted. Your continued use of the Site constitutes your affirmation that you have read and understood such notices and agree to the terms contained therein.

SALES TAX.

Unless otherwise noted, items sold by New Sprout Organic Farms, LLC are subject to sales tax in select states in accordance with the applicable laws of that state. Sales tax is required for orders shipping into states where we have or may have nexus for state tax purposes and under applicable laws. Therefore all orders shipping into North Carolina will be charged applicable sales tax according to the applicable tax rate, unless we're provided valid Resale Sales Tax Exemption or Agriculture Sales Tax Exemption documentation, and any other documentation required, authorizing exemption from sales tax collection. There may be other laws requiring collection of sales tax in certain states and we will collect sales taxes in accordance with those laws as well.
We do not collect sales or use tax in all states. For states imposing sales or use taxes, your purchase is subject to use tax unless it is specifically exempt from taxation. Your purchase is not exempt merely because it is made over the internet or by other remote means. Many states require purchasers to file a sales/use tax return at the end of the year reporting all of the taxable purchases that were not taxed and to pay taxes on those purchases. Details on how to file these returns may be found at the websites of your respective taxing authorities.

ORDER ACCEPTANCE OR REJECTION.

New Sprout Organic Farms, LLC, reserves the right at any time after receipt of an order for products or services to accept or decline the order for any reason. Certain products may not be available to ship to all states.

DISCLAIMER OF OTHER WARRANTIES.

NEW SPROUT ORGANIC FARMS, LLC, IS A DISTRIBUTOR ONLY. PRODUCTS SOLD BY NEW SPROUT ORGANIC FARMS INC. ARE NOT MANUFACTURED BY NEW SPROUT ORGANIC FARMS, LLC. ALL PRODUCTS AND SERVICES SOLD THROUGH NEW SPROUT ORGANIC FARMS, LLC ARE PROVIDED "AS-IS" WITHOUT ANY WARRANTY OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IF ANY IMPLIED WARRANTY CANNOT BE DISCLAIMED IN ANY STATE OR TERRITORY WHERE A PRODUCT IS SOLD, THE DURATION OF SUCH IMPLIED WARRANTY SHALL BE LIMITED TO THIRTY (30) DAYS, IF PERMITTED IN THAT STATE OR TERRITORY. THE ENTIRE RISK AS TO THE QUALITY, SELECTION AND PERFORMANCE OF ANY PRODUCTS OR SERVICES PURCHASED OR NOT PURCHASED FROM NEW SPROUT ORGANIC FARMS, LLC UNDER THIS AGREEMENT IS WITH YOU.

THE FOREGOING LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU DEPENDING ON THE APPLICABLE LAW IN THE STATE OR TERRITORY IN WHICH YOU RESIDE.

DISCLAIMER: WHILE WE DO OUR BEST TO CONFIRM ORGANIC STATUS AND CURRENT OMRI LISTINGS FOR ALL OF OUR PRODUCTS, IT IS YOUR RESPONSIBILITY TO DETERMINE IF ANY PRODUCT WILL PASS YOUR CERTIFIER AND/OR THE USDA REQUIREMENTS PRIOR TO PURCHASING AND USING THEM FOR YOUR CERTIFIED ORGANIC OPERATION.

LIMITATION OF LIABILITY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEW SPROUT ORGANIC FARMS, LLC, AND ITS SUPPLIERS SHALL NOT BE LIABLE UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DAMAGES OF ANY KIND OR NATURE, INCLUDING BUT NOT LIMITED TO, LOSS DUE TO THE USE OF THIS SITE OR ANY THIRD PARTY LINKED SITE, LOSS OF USE OF ANY PRODUCTS OR SERVICES PURCHASED UNDER THIS AGREEMENT, FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, LOST PROFITS, INCIDENTAL AND/OR CONSEQUENTIAL DAMAGES of any kind (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOOD WILL, WORK STOPPAGE, BUSINESS INTERRUPTION, CROP LOSS OR YIELD REDUCTION, FIELD DAMAGE, SOIL DAMAGE, COMPUTER FAILURE OR MALFUNCTION, LOSS OF INFORMATION OR DATA CONTAINED IN, STORED ON, OR INTEGRATED WITH ANY COMPUTER OR OTHER PRODUCT, OR OTHER PECUNIARY LOSS OF ANY KIND) OR ANY OTHER DAMAGES OR LOSSES RESULTING FROM THE USE OR INABILITY TO USE ANY PRODUCT OR SERVICE PURCHASED FROM NEW SPROUT ORGANIC FARMS, LLC UNDER THIS AGREEMENT OR RESULTING FROM ANY SERVICES PROVIDED OR NOT PROVIDED UNDER THIS AGREEMENT OR FOR BREACH OF ANY OTHER PROVISION OF THIS AGREEMENT, EVEN IF NEW SPROUT ORGANIC FARMS, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY ACTION FOR BREACH OF ANY OTHER PROVISION OF THIS AGREEMENT MUST BE COMMENCED WITHIN ONE (1) YEAR FROM THE DATE OF BREACH OR ELSE BE BARRED BY THE STATUTE OF LIMITATIONS.

THE FOREGOING LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU DEPENDING ON THE APPLICABLE LAW IN THE STATE OR TERRITORY IN WHICH YOU RESIDE.

THIS AGREEMENT DOES NOT PROVIDE YOU WITH THE RIGHT TO USE ANY TRADEMARKS OF NEW SPROUT ORGANIC FARMS, LLC.

New Sprout Organic Farms, LLC and the New Sprout Organic Farms, LLC logo (collectively "New Sprout Organic Farms, LLC Trademarks") are registered trademarks of New Sprout Organic Farms, LLC. This Agreement does not grant you a license or give you permission to use the New Sprout Organic Farms, LLC Trademarks. No party is authorized to use any of the New Sprout Organic Farms, LLC Trademarks without first obtaining express written permission from New Sprout Organic Farms, LLC to use the New Sprout Organic Farms, LLC Trademarks. If you are interested in obtaining a license to use the New Sprout Organic Farms, LLC Trademarks, please contact New Sprout Organic Farms, LLC at info@newsproutfarms.com.

CONTENT USE; COPYRIGHT NOTICE.

Contents of the Site may be viewed, downloaded, printed by you subject to the following conditions: i) the purpose for doing so is informational only, and ii) no content may be altered or modified. Any republishing, distribution, or usage of content on this Site, unless prior written approval is obtained from New Sprout Organic Farms, LLC is not permitted.

PRIVACY.

New Sprout Organic Farms, LLC has a Privacy Policy which can be viewed here.

THIRD PARTY WEBSITES.

Through this website you may be able to link to other third party websites which are not under the control of New Sprout Organic Farms, LLC These links to other websites are provided for your convenience only. We have no control over the nature, content, accuracy and availability of those sites. The inclusion of any third party links on the Site does not imply a recommendation or endorse the views expressed within them. You agree that we are not responsible for the content, links, privacy practices of these third party sites or the accuracy of the information located on those websites. You further agree that New Sprout Organic Farms, LLC will not be held liable for any loss or damage of any kind related to your use of any third party websites or the content therein. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every website that collects personally identifiable information.

GOVERNING LAW, VENUE, AND ENFORCEABILITY.

If any provision of this Agreement is held to be unenforceable, that shall not affect the enforceability of the remaining provisions. This Agreement, shall be interpreted under the laws of the United States and the State of North Carolina except, however, as to whether the implied warranties of merchantability and fitness for a particular purpose may be disclaimed and whether remedies for breach of such warranties may be limited, all of which shall be governed by the laws of the state where you purchased the product. You agree that any action to interpret or to enforce this Agreement shall be brought in a court of competent jurisdiction in Buncombe County, North Carolina.

FORCE MAJEURE.

New Sprout Organic Farms, LLC shall not be liable for nonperformance, delay, errors, data loss or other loss caused by any event reasonably beyond the control of New Sprout Organic Farms, LLC including, but not limited to acts of God, war, terrorist activities, hostilities, revolution, civil disorder, national emergency, strikes, lockouts, unavailability of supplies, non-use of product, epidemics, pests, diseases, fire, flood, tornado, lightning, earthquake, force of nature, brown-outs, black-outs, electrical outage caused by infrastructure failures or other causes, explosion, embargo or any law, proclamation, regulation, ordinance or other act or order of any court, government or governmental agency.

ENTIRE AGREEMENT.

This Agreement constitutes the entire agreement between the parties with respect to all products and services offered by and purchased from New Sprout Organic Farms, LLC This Agreement supersedes all prior or contemporaneous understandings, writings, proposals, representations or communications, oral or written, made by either party regarding the subject matter of this Agreement. No amendment to or modification of this Agreement shall be effective unless in writing and signed by both parties.

INDEMNIFICATION.

You agree to defend, indemnify, and hold harmless New Sprout Organic Farms, LLC, its employees, attorneys, and agents ("Indemnitees") against all claims, expenses, liabilities, losses, costs, and damages, including reasonable attorney's fees, that the Indemnitees may incur in connection with your use of the Site or any hyperlinked web site.

CUSTOMER CONTACT INFORMATION.

To request information about New Sprout Organic Farms, LLC or if you have questions about the Terms of Use, please contact us in writing or by electronic-mail at:

New Sprout Organic Farms, LLC
1070-1 Tunnel Road, Suite 10-225
Asheville, NC 28805
ATTN: New Sprout Organic Farms, LLC Customer Inquiry.
info@newsproutfarms.com

Web Hosting:
CommerceV3
13045 Mountain Trail
Clermont, FL 34715
(912) 964 7848