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Terms of service

Effective date: 31 August 2026

Overview

Welcome to OzSprout.

These Terms of Service (Terms) govern your access to and use of ozsprout.com.au and your purchase of products from OzSprout.

In these Terms, OzSprout, we, us and our refer to the operator of the OzSprout online store:

Legal entity / proprietor: Sole trader trading as OzSprout
ABN: 89 688 307 526

Our online store is powered by Shopify. Shopify provides the ecommerce platform through which we offer our products, but the contract for products purchased from OzSprout is between you and the operator of OzSprout, not Shopify.

By accessing our website or placing an order, you agree to these Terms together with our Privacy Policy, Refund Policy and Shipping Policy.

Nothing in these Terms excludes, restricts or modifies any right or remedy that cannot lawfully be excluded, including rights under the Australian Consumer Law.

1. Using the Website

You may use the OzSprout website for lawful purposes.

When creating an account, placing an order or otherwise providing information to us, you agree to provide information that is accurate, current and complete.

You are responsible for keeping any customer-account login details secure and for activity occurring through your account where that activity results from your failure to protect those credentials.

You must not use our website:

  • for an unlawful or fraudulent purpose;

  • to interfere with the operation or security of the website;

  • to introduce malicious software, viruses or harmful code;

  • to attempt unauthorised access to our systems or another person's account;

  • to scrape, copy or reproduce substantial website content without permission where prohibited by law; or

  • in a way that infringes the rights of another person.

We may restrict access to the website where reasonably necessary to protect our customers, systems, business or legal rights.

2. Products and Product Information

OzSprout sells products including seeds, growing equipment, food products and fresh sprouts and microgreens.

We take reasonable care to ensure that product descriptions, photographs, specifications, availability and other information are accurate.

However, some products are natural or agricultural products and may show normal variation in characteristics such as:

  • seed size, shape or colour;

  • natural appearance;

  • crop appearance;

  • fresh-produce size or colour; and

  • other characteristics that normally vary between agricultural batches.

Such normal variation does not permit us to supply a materially different product from the one ordered.

Images are provided to help identify and illustrate products. Colours and appearance may vary slightly depending on screens, photography and natural product variation.

If we identify a material error in a product listing, we will correct it as soon as reasonably practicable.

3. Seed Germination and Growing Results

Seeds are living agricultural products, and growing results can be affected by factors outside OzSprout's control, including:

  • storage conditions;

  • temperature;

  • moisture;

  • growing medium;

  • sowing density;

  • water quality;

  • hygiene;

  • airflow;

  • light;

  • environmental conditions; and

  • growing method.

Any germination percentage displayed for a seed product represents the relevant germination information available for that seed lot or batch where stated. It does not mean that every customer will achieve exactly the same germination percentage under all growing conditions.

Growing times, seeding rates, harvest times and other growing information supplied by OzSprout are practical guidance and may vary according to growing conditions.

Where OzSprout provides an additional seed germination guarantee, its terms are described in our Refund Policy.

Nothing in this section limits any rights you may have under the Australian Consumer Law.

4. Fresh Sprouts and Microgreens

Some fresh sprouts and microgreens are grown to order and are perishable products.

Availability may depend on:

  • crop availability;

  • growing time;

  • production schedules;

  • seasonal or environmental conditions; and

  • successful crop development.

We will advise you where a material issue affects our ability to fulfil a fresh-produce order.

Because fresh products may be grown specifically for an order, change-of-mind cancellations may not be available once production or growing has commenced.

This does not affect any rights or remedies available under the Australian Consumer Law.

5. Orders

Submitting an order through the OzSprout website is an offer to purchase the products in your order.

You will receive an electronic confirmation when your order is submitted.

We may decline or cancel an order before fulfilment where reasonably necessary, including where:

  • a product is unavailable;

  • there is a genuine pricing or listing error;

  • payment cannot be authorised or verified;

  • we reasonably suspect fraud or unauthorised payment activity;

  • a delivery or biosecurity restriction prevents us from lawfully supplying the product;

  • the order appears to involve unlawful activity; or

  • another circumstance outside our reasonable control prevents fulfilment.

If we cancel an order after payment has been received, we will refund the amount paid for the cancelled products and any corresponding delivery charge that is no longer applicable.

We will not cancel an accepted order merely to charge a customer a higher price.

6. Order Changes and Cancellations

Please check your order carefully before submitting it.

If you need to request a change or cancellation, contact us as soon as possible.

We will try to assist where reasonably practicable, but an order may not be able to be changed or cancelled once:

  • it has been packed or dispatched;

  • fulfilment has commenced;

  • a fresh grow-to-order crop has entered production; or

  • other work specific to the order has already begun.

Our change-of-mind policy and your Australian Consumer Law rights are explained in our Refund Policy.

7. Prices and Payment

Unless otherwise stated:

  • prices are displayed in Australian dollars (AUD);

  • applicable GST is included where required;

  • shipping charges are calculated separately where applicable and displayed before you complete checkout; and

  • the amount payable will be shown before you submit payment.

We may change product prices at any time, but a price change will not alter the agreed price of an order already accepted by us, except where there is an obvious or genuine pricing error and applicable law permits the order to be corrected or cancelled.

Promotions, discount codes and special offers may be subject to additional stated conditions and availability periods.

Where more than one promotion applies, promotions may not be combined unless expressly stated.

You must be authorised to use the payment method selected for your purchase.

Australian pricing laws require businesses to display a clear total price including applicable taxes and unavoidable charges. OzSprout will display charges in accordance with applicable law.

8. Payment Processing

Payments may be processed through Shopify, PayPal or other payment providers made available at checkout.

Payment providers may apply their own terms and privacy policies.

OzSprout does not generally receive or store your complete payment-card details where those details are processed directly by our payment provider.

9. Shipping and Delivery

Shipping arrangements, estimated handling times, delivery information and applicable charges are described in our Shipping Policy.

Delivery estimates are estimates rather than guaranteed delivery dates unless we expressly agree otherwise.

Delays may sometimes occur because of courier networks, weather, public holidays, regional conditions or other circumstances outside our direct control.

However, this does not remove any responsibility OzSprout has under the Australian Consumer Law.

If an order:

  • does not arrive;

  • arrives materially damaged;

  • contains an incorrect item; or

  • has another delivery-related problem,

please contact us so that the matter can be investigated and an appropriate remedy provided where required.

We do not treat our responsibility for an order as automatically ending merely because the parcel has been handed to a courier.

10. Local Pickup

Where local pickup is offered, the applicable pickup arrangements will be displayed on the website or communicated to you.

Please wait until OzSprout confirms that your order is ready before travelling to collect it.

A person collecting an order may be asked to provide reasonable proof of the order or identity before goods are released.

11. Australian Biosecurity Restrictions

Some seeds, plants, agricultural products or related materials may be subject to Australian state or territory biosecurity restrictions.

Where a known restriction applies to a product or destination, OzSprout may:

  • prevent checkout to that destination;

  • contact you for further information;

  • remove the affected product from an order; or

  • cancel and refund the affected part of the order.

Customers must not knowingly order a product where possession or import into their destination is prohibited by law.

12. Australian Consumer Law

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law.

You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage.

You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

Your consumer guarantees apply automatically and are separate from any additional guarantee or warranty offered by OzSprout.

Nothing in these Terms, our Refund Policy or any other OzSprout policy is intended to exclude, restrict or modify those rights.

13. Refunds, Returns and Remedies

OzSprout's change-of-mind policy and procedures for requesting a refund, replacement or other remedy are set out in our Refund Policy.

We may ask for reasonable evidence when assessing a problem, including:

  • proof of purchase;

  • photographs;

  • packaging or batch information; or

  • information about the circumstances of the problem.

Our right to assess a product does not remove a remedy to which you are entitled under the Australian Consumer Law.

14. Intellectual Property

Unless otherwise stated, website content including:

  • the OzSprout name and branding;

  • text;

  • product descriptions;

  • graphics;

  • photographs;

  • videos;

  • layouts; and

  • other original website materials

is owned by, licensed to, or lawfully used by OzSprout and may be protected by copyright, trade mark and other intellectual-property laws.

Third-party trade marks, photographs and other materials remain the property of their respective owners.

You may view and use the website for normal personal or commercial purchasing purposes.

You must not reproduce, republish, commercially exploit, systematically scrape or distribute protected OzSprout content without permission except where permitted by law.

15. Reviews, Feedback and User Content

If you submit a product review, photograph, suggestion, testimonial or other content to OzSprout, you confirm that:

  • you have the right to submit it;

  • it does not knowingly contain unlawful, defamatory or infringing material; and

  • it does not intentionally contain malicious code.

You grant OzSprout a non-exclusive, worldwide, royalty-free licence to display, reproduce and use that content in connection with:

  • the OzSprout website;

  • product reviews;

  • customer communications; and

  • OzSprout marketing and promotional materials.

This licence does not transfer ownership of your content to OzSprout.

We may moderate or remove user content where reasonably necessary because it is unlawful, abusive, misleading, irrelevant, infringes another person's rights or violates these Terms.

Personal information associated with reviews is handled in accordance with our Privacy Policy.

16. Third-Party Tools and Services

The website may use or provide access to services operated by third parties, including services such as:

  • Shopify;

  • PayPal;

  • Google;

  • Meta;

  • Judge.me;

  • shipping providers; and

  • other applications or integrations.

Third-party services may be subject to their own terms and privacy policies.

OzSprout is not responsible for the independent operation of a third-party service, except to the extent that responsibility cannot lawfully be excluded.

17. Third-Party Links

Our website may contain links to websites operated by third parties.

A link does not necessarily mean OzSprout endorses the third party or all information on that website.

We are not responsible for third-party website content or practices that we do not control.

You should review the applicable terms and privacy policies before using third-party services.

18. Relationship With Shopify

OzSprout uses Shopify as its ecommerce platform.

Shopify provides technology and related services that enable us to operate the online store.

The contract for the sale of OzSprout products is between the customer and the operator of OzSprout.

Shopify is not the seller or merchant of record for products sold by OzSprout.

19. Privacy

Personal information collected through the OzSprout website is handled in accordance with our Privacy Policy.

Our Privacy Policy explains matters including:

  • what personal information we collect;

  • how it is used and disclosed;

  • cookies and analytics;

  • Google Analytics;

  • Meta advertising technologies;

  • Judge.me;

  • PayPal;

  • Shopify;

  • overseas processing;

  • access and correction; and

  • privacy complaints.

20. Website Availability

We aim to keep the OzSprout website available and functioning correctly.

However, we do not guarantee uninterrupted or error-free access to the website.

The website may occasionally be unavailable because of:

  • maintenance;

  • upgrades;

  • technical failures;

  • internet or hosting interruptions;

  • third-party platform outages; or

  • circumstances outside our reasonable control.

Where reasonably practicable, we will take steps to restore affected Services.

Nothing in this section excludes any guarantee that applies by law.

21. Errors and Corrections

Occasionally, the website may contain an error relating to:

  • price;

  • product information;

  • availability;

  • specifications;

  • promotions; or

  • other content.

We may correct genuine errors when discovered.

If a material error affects an order you have already placed, we will contact you where reasonably practicable and provide an appropriate option, which may include:

  • proceeding on corrected terms with your agreement; or

  • cancelling the affected product and providing a refund.

Nothing in this section allows OzSprout to unilaterally alter an agreed transaction in a way that is prohibited by law.

22. Prohibited Conduct

You must not:

  • use the website for unlawful purposes;

  • commit or attempt fraud;

  • interfere with another customer's use of the website;

  • transmit malware or malicious code;

  • attempt to bypass website security;

  • harvest personal information unlawfully;

  • impersonate another person;

  • infringe intellectual-property rights; or

  • use automated systems in a manner that materially disrupts or overloads the website.

We may take reasonable steps to protect our website and customers where prohibited conduct occurs.

23. Suspension or Termination of Website Access

We may suspend or restrict website access where we reasonably believe this is necessary because of:

  • fraud;

  • unlawful activity;

  • a material breach of these Terms;

  • security threats;

  • misuse of the website; or

  • conduct that materially harms OzSprout or other users.

Any suspension or termination of website access does not remove rights relating to orders already paid for or any rights available under applicable law.

24. Liability

Nothing in these Terms excludes, restricts or modifies any liability, consumer guarantee, right or remedy that cannot lawfully be excluded or restricted.

To the extent permitted by law, OzSprout is not responsible for loss or damage that:

  • was not caused by any act or omission of OzSprout;

  • results from a customer's unlawful or unreasonable misuse of a product;

  • results from failure to follow applicable storage, safety or growing instructions; or

  • was not reasonably foreseeable.

This section does not exclude liability for reasonably foreseeable loss or damage arising from a failure to comply with an applicable consumer guarantee.

25. Growing Information

Growing guides, product instructions, articles and other horticultural information published by OzSprout are provided as general practical guidance.

Growing conditions differ between locations and growers, and results may vary according to matters such as temperature, light, water, equipment and growing practices.

Customers should consider their own conditions when applying general growing information.

Nothing in this section limits any consumer guarantee applying to the products sold.

26. Food and Growing Safety

Customers should use appropriate hygiene and food-safety practices when growing or handling sprouts, microgreens and other foods.

This includes following relevant product instructions and using clean equipment, suitable water, appropriate storage and safe food-handling practices.

Do not consume produce that shows signs of spoilage, abnormal odour or other indications that it may be unsafe.

General information provided by OzSprout is not a substitute for applicable food-safety requirements.

27. Events Outside Reasonable Control

OzSprout will not be responsible for a delay or failure caused by circumstances genuinely outside our reasonable control to the extent permitted by law.

These circumstances may include:

  • natural disasters;

  • severe weather;

  • transport interruptions;

  • postal or courier network disruptions;

  • widespread telecommunications or internet outages;

  • government restrictions;

  • biosecurity actions; or

  • other comparable events.

Where such an event materially affects an order, we will take reasonable steps to communicate with the affected customer and resolve the order.

This clause does not remove any rights that cannot lawfully be excluded.

28. Changes to These Terms

We may update these Terms from time to time to reflect changes in:

  • our website or Services;

  • our products or business operations;

  • technology;

  • payment or delivery systems; or

  • applicable laws and regulatory requirements.

Updated Terms will be published on this page with a revised effective date.

Changes will generally apply to future use of the website and future transactions.

We will not use a later change to these Terms to retrospectively remove or reduce rights attaching to an order already made, except where required by law or agreed with the customer.

29. Severability

If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions will continue to operate to the extent permitted by law.

30. No Waiver

If OzSprout does not immediately enforce a right under these Terms, this does not necessarily mean that right has been waived.

31. Governing Law

These Terms are governed by the laws applicable in New South Wales, Australia and applicable Commonwealth laws.

Subject to any rights you have to bring proceedings in another jurisdiction under applicable law, the courts and tribunals of New South Wales may hear disputes arising from these Terms.

Nothing in this section limits rights available under the Australian Consumer Law or other mandatory laws.

32. Contact Information

If you have questions about these Terms, please contact:

OzSprout

Email: admin@ozsprout.com.au
Phone: 0404 312 209
Address: 20 Piccadilly Street, Riverstone NSW 2765, Australia

Legal entity / proprietor: Sole trader trading as OzSprout
ABN: 89 688 307 526