It is important that you read and understand these Terms before using the Website. By accessing or using the Website you agree to be legally bound by these Terms, as they may be modified from time to time. If you do not agree to these Terms, please do not use the Website.
You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms, and that they comply with them.
We reserve the right to change these Terms at any time. Amendments will take effect when posted on the Website.
You acknowledge and agree that if you are an individual then once we have commenced the provision of our services you shall not be entitled to cancel the Agreement under the Consumer Protection (Distance Selling) Regulations 2000 or by such other consumer regulation as may apply from time to time.
We sell unique inspired and innovative products for trade. All products available for purchase are described on their specific product page on the Website. We always try to represent as accurately as possible every characteristic of the products via photography and copy points provided by designers, suppliers or manufacturers.
Changes to the Website and/or services
We are constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to improve, amend, or suspend the service provided on the Website or close the Website indefinitely at any time. We will not be liable if for any reason the Website is unavailable at any time or for any period. But if we do, we will bring it to your attention by placing a notice on the www.sparkinity.com website, by sending you an email, and/or by some other means.If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
Registration of your account
If you choose to open an account with us no fee is payable but you are required to register with us by completing and submitting the registration form.
Once you have registered an account with us, you can log into your account using your email address/user identification code and/or a unique password which will be sent to you by us via email, you can then change the password once you have gained access to your account.
For the purposes of verifying your identity we may use the data provided by you to establish the veracity of all the registration details you have provided when registering with the Website, and your entitlement to use the Website and any services.
You are solely responsible for the accuracy, legality, currency and compliance of such detail and will be solely liable for false, misleading, inaccurate, infringing or other actionable material contained or referred to therein.
We reserve the right to terminate suspend or restrict accounts without notice to you should you commit any breach of these Terms or in our reasonable discretion we believe that it is your intention to commit a breach of this Agreement or that you are acting contrary to the spirit of this Agreement.
Transactions concluded through the Website
Contracts for the supply of goods or services or information formed through the Website are governed by our Terms of Supply below.
Registered users may only create and maintain one account.
We grant you a limited licence to access and make use of the Website in accordance with the Agreement, but not to modify, reproduce, duplicate, copy or re-sell it or any part of it, or otherwise exploit it for any commercial purpose or gain except for those specific purposes set out in this Agreement or otherwise with our express written consent.
You must not use the Website in any way that causes, or is likely to cause, the Website or access to it to be interrupted, damaged or impaired in any way. You must not attempt to gain unauthorised access to the Website, the server on which it is stored or any server, computer or database connected to the Website. You understand that you are responsible for all electronic communications and content sent from your computer to us and you must use the Website for lawful purposes only.
You must not use the Website for any fraudulent purposes, or in connection with a criminal offence or other unlawful or immoral activity, to send, use or reuse any content or material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing or that will infringe copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties, or objectionable, or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam" - to cause annoyance, inconvenience or needless anxiety.
Information and Content Provided by You
Any information and content posted, uploaded, or otherwise sent by any means by you to the Website shall be legal, decent, honest and truthful, shall not infringe any third party's rights, shall not be obscene, blasphemous or defamatory and shall not contain any viruses or other malicious computer programming routines. Without limiting the above, all information you provide shall be accurate and complete.
You agree that you will not publish your contact information or any other information or data in the publicly-accessible parts of the Website. You agree that you will not publish the contact information or the information of any other person in the publicly-accessible parts of the Website (whether or not such persons are users of the Website) or elsewhere, or communicate such information to any other person whether in electronic or any other format.
You waive all moral rights you have in any content and information provided by you to the fullest extent permitted by law.
Your Licence to Us
By submitting any content or information to us you agree to grant us a non-exclusive license and all the necessary rights throughout the world to reproduce, edit, change, copy, adapt and otherwise make such content available on the Website. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the Website constitutes a violation of their intellectual property rights, or of their right to privacy.
Intellectual Property Controlled by Us
All content and all compilation of content included on the Website [which is not provided by you], including but not limited to text, graphics, logos, icons, photographs and images, audio clips, digital files, data compilations and software, is our property or is licensed by us and is protected by copyright, database and trade mark right laws in England and internationally.
You may download, extract and/or re-utilise parts of the contents of the Website subject to this Agreement.
For the avoidance of doubt you may not utilise any data mining, robots or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of the Website without our express written consent. You may not create and/or publish your own database that features substantial parts of the Website without our express written consent. Our status (and that of any identified contributors) as the authors of material and content on the Website must always be acknowledged. You will indemnify us against any loss, damages, costs, expenses (including reasonably legal fees) or other claims arising from any breach of the above warranties you commit.
We have no control over the content of third party sites and cannot guarantee the reliability of any links to third party sites nor can we provide any guarantees or accept any liability in respect of the content on such third party sites.
You may link to the Website homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards in this Agreement.
We may provide interactive services on the Website including, without limitation, [chat rooms, bulletin boards]. Where we do provide any interactive service we are under no obligation to oversee, monitor or moderate it and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not. The use of any of our interactive services by a minor is subject to the consent of their parent or guardian.]
You are solely responsible in all respects for all use of and for protecting the confidentiality of your account and password which may be given to or selected by you for use on the Website. You must immediately notify us of any unauthorised use of them or any other breach of security.
Any losses incurred or sustained by you in transmitting information shall be borne solely and exclusively by you and in no event shall any such losses in whole or in part be borne by us. If you are using a public computer, you must sign out when you have finished using the Website.
Compliance with Laws
You agree to comply with all applicable laws, statutes and regulations concerning your use of the Website.
We shall not be liable to you by reason of any representation (unless fraudulent) and all warranties, conditions or other terms, implied by law are excluded to the fullest extent permissible. We shall not be liable for any loss of goodwill or reputation, profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by our negligence, servants or agents or otherwise) which arise out of or in connection with the provision of the material by you.
Any content or material posted on the Website is not intended to amount to advice on which reliance should be placed and we therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Website, or by anyone who may be informed of any of its contents.
Your acceptance of this Agreement also acts as a general release of us and any of our subsidiaries (and all of their officers, directors, agents and employees) from any liability for any claims, loss, and damages (both direct and indirect, including loss of profits, goodwill and business opportunity) arising out of or in any way connected to your use of the Website.
Notwithstanding the foregoing, nothing in this Agreement is intended to limit any rights you might have under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
You will indemnify us against any loss, damages, costs, expenses (include reasonable legal fees) or other claims arising from any breach by you of any of the warranties and any other term of the Agreement.
Access to the Website
We will do everything we can to ensure that availability of the Website will be uninterrupted and that transmissions will be error-free. However, this cannot be guaranteed. The Website may be occasionally suspended or restricted to allow for repairs, maintenance or the introduction of a new facility or service. We will attempt to limit the frequency and duration of any such interruption.
Except as otherwise stated, any notices you wish to send to us should be e-mailed to us at email@example.com. Any notices that we may wish to draw to your attention will be displayed on our Website.
We and you shall endeavour to prevent the disclosure, publication or dissemination of the other’s confidential information and shall not use, reproduce, distribute, disclose or otherwise disseminate such confidential information except in connection with the performance of obligations under these Terms.
When you visit the Website or send emails to us, you are communicating with us electronically. We communicate with you by email or by posting notices on the Website. For contractual purposes, you consent to receiving communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Costs and Legal Fees
In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and legal fees.
Law and Jurisdiction
This Agreement (and any dispute, controversy, proceedings or claim of whatever nature in relation to them) shall be governed and interpreted in accordance with English law and the English courts shall have exclusive jurisdiction in relation thereto.
If any part of the terms of this Agreement is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
This Agreement contains the entire agreement between us relating to the subject matter covered and supersedes any previous agreements, arrangements, undertakings or proposals, written or oral, between us in relation to such matters or any statements made to you by any person, including (without limitation) any of our employees or agents. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
We shall be entitled to assign, transfer or sub-contract or in any way make over the benefit or burden of the Agreement to a third party.
A waiver by us of any terms of the Agreement in a particular instance shall not be deemed or construed to be a waiver of such term or condition for the future or affect our rights in respect of any subsequent breach of the terms of this Agreement. All rights and remedies contained in this Agreement shall be distinct, separate and cumulative and no action or inaction by us shall operate to exclude or deprive us of any other rights allowed by law.
Third Party Rights
No third party shall be deemed under the Agreement to have enforceable rights by virtue of the Contracts (Rights of Third Parties Act) 1999.
Nature of Agreement
This Agreement shall not constitute a partnership, agency or joint venture between the parties.
If you have any concerns about the Website please contact us at firstname.lastname@example.org.
Terms of Supply
Our Contract With You
The goods we are selling to you (“Goods”) are set out in your order (“Order”). These are the terms on which we supply Goods to you.
Please read these Terms of Supply carefully and check that the details on the Order are complete and accurate, before you submit the Order. If you think that there is a mistake, please contact us to discuss, and please make sure that you ask us to confirm any changes in writing to avoid any confusion.
We consider that these Terms of Supply and the Order constitute the whole agreement between you and us.
When you sign and submit the Order to us, this does not mean we have accepted your order for Goods. Our acceptance of the Order will take place and these Terms of Supply will become binding when we issue you with a written acceptance of an Order, at which point a contract will come into existence between you and us. If we are unable to supply you with the Goods, we will inform you of this and we will not process the Order.
If any of these Terms of Supply conflict with any term of the Order, the Order will take priority.
We shall assign an order number to the Order and inform you of it when we confirm the Order. Please quote the order number in all subsequent correspondence with us relating to the Order.
The images of the Goods on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Goods. Your Goods may vary slightly from those images and although we have made every effort to be as accurate as possible, all sizes and measurements indicated on our website may vary slightly.
Changes to order or terms
We may revise these Terms of Supply from time to time if there are changes in how we accept payment from you, including changes to payment partners; and/or changes in relevant laws and regulatory requirements.
If we have to revise these Terms of Supply, we will give you at least one (1) month's written notice of any changes to these Terms of Supply before they take effect. You can choose to cancel the contract in accordance with your cancellation rights set out below.
You may make a change to the Order for Goods at any time before we despatch the Goods by contacting us. Where this means a change in the total price of the Goods, we will notify you of the amended price in writing. You can choose to cancel the Order in accordance with your cancellation rights set out below in these circumstances.
Delivery of goods
Please note that timescales for delivery and delivery charges will vary depending on the availability of the Goods and your address. We do deliver outside the UK. We will primarily deliver within the EU and US and postage and packaging costs will be stated at checkout. We will consider delivering worldwide if you wish to purchase a few items but this will be at our discretion and on application.
We will contact you with an estimated delivery date. All delivery estimates given at the time of placing and confirming order are subject to change. In any case, we will do our best to contact you and advise you of all changes. Occasionally our delivery to you may be affected by an Event Outside Our Control (defined below). See below for our responsibilities when this happens.
Delivery of an Order shall be completed when we deliver the Goods to the address you gave us.
If we are not able to deliver the whole of the Order at one time due to operational reasons or shortage of stock, we will deliver the Order in instalments. We will not charge you extra delivery costs for this. However, if you ask us to deliver the Order in instalments, we may charge you extra delivery costs. Each instalment shall constitute a separate contract governed by these Terms of Supply. If we are late delivering an instalment or one instalment is faulty, that will not entitle you to cancel any other instalment.
The Goods will be your responsibility from the completion of delivery. Please open and check the Goods when you receive your Order and inform us of any transit damage problems immediately. It is your right and responsibility to check that your delivered Goods have arrived in perfect condition, before signing the delivery form.
You own the Goods once we have received payment in full.
If the goods are faulty
As a consumer, you have legal rights in relation to Goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms of Supply will affect these legal rights.
Each product page will indicate whether or not the Goods are returnable.
If the Goods are damaged in transit, or faulty , you may return them to us for free within 15 calendar days of receipt if you send us the proof of purchase and the product page states that the Goods are returnable. In such case we will refund you the price you paid for the Goods.
This guarantee is in addition to your legal rights in relation to the Goods that are faulty or not as described.
Price and payment
The price of the Goods will be set out in our price list in force at the time we confirm your Order. Our prices may change at any time, but price changes will not affect Orders that we have confirmed with you.
These prices include VAT.
The prices for the Goods exclude delivery costs, which will be added to the total amount due.
It is always possible that, despite our best efforts, some of the Goods we sell may be incorrectly priced. We will normally check prices as part of our despatch procedures so that, where the Goods' correct price is less than our stated price, we will charge the lower amount when dispatching the Goods to you. If the Goods' correct price is higher than the price stated on our website, we will contact you to tell you and for your instructions. 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 Goods to you at the incorrect (lower) price.
Where we are providing Goods to you, you must make payment for Goods by credit or debit card as instructed by our website or otherwise in accordance with our payment partner at such time. For every opening order with a maker you will be automatically eligible for try before you buy and payment will only be deducted from your card for goods sold after 90 days, once you have returned all the unsold items in their original condition. For repeat orders with a maker your card will only be charged after 60 days of placing the order if you have approved net 60 day day payment terms with us.
The Order will be submitted for processing as soon as you click on the “confirm” button. You will then receive an email from us to confirm the Order and availability of the product [and expected average delivery date].
We may at our sole discretion refuse to process a transaction for any reason or refuse service to anyone at any time. We will not be liable to you or any third party by reason of refusing any transaction.
Our liability to you
If we fail to comply with these Terms of Supply, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the Terms of Supply or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into this contract.
We do not exclude or limit in any way our liability for:
- death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
- fraud or fraudulent misrepresentation;
- breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
- breach of the terms implied by sections 13, 14 and 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
- defective products under the Consumer Protection Act 1987.
Events Outside Our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms of Supply that is caused by an Event Outside Our Control.
An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms of Supply we will contact you as soon as reasonably possible to notify you and our obligations under these Terms of Supply will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
You may cancel the contract if an Event Outside Our Control takes place and you no longer wish us to provide the Goods. Please see your cancellation rights in these circumstances. We will only cancel the contract if the Event Outside Our Control continues for longer than four (4) weeks in accordance with our cancellation rights set out below.
Your cancellation rights
Cancellation will be specified on the order confirmation page.
If the confirmation page states that you are able to cancel, you may cancel an Order before we despatch the Goods and if you have made any payment in advance for Goods that have not been delivered to you, we will refund these amounts to you.
Our cancellation rights
If we have to cancel an Order for Goods before the Goods are delivered due to an Event Outside Our Control or the unavailability of stock, we will promptly contact you.
If we have to cancel an Order and you have made any payment in advance for Goods that have not been delivered to you, we will refund these amounts to you.
Information about us and how to contact us
We are a company registered in England and Wales. Our company registration number is 10958055 and our registered office is at 71-75 Shelton street WC2H 9JQ London, UK.
If you have any questions or if you have any complaints, please contact us by e-mailing us at email@example.com.
If you wish to contact us in writing, or if any clause in these Terms of Supply requires you to give us notice in writing (for example, to cancel the contract), you can send this to us by e-mail, by hand, or by pre-paid post to Sparkinity Limited 71-75 Shelton street WC2H 9JQ London, UK. We will confirm receipt of this by contacting you in writing. If we have to contact you or give you notice in writing, we will do so by e-mail, by hand, or by pre-paid post to the address you provide to us in the Order.
How we may use your personal information
Other important terms
We may transfer our rights and obligations under these Terms of Supply to another organisation, and we will always notify you in writing if this happens, but this will not affect your rights or our obligations under these Terms of Supply.
This contract is between you and us. No other person shall have any rights to enforce any of its terms.
Each of the paragraphs of these Terms of Supply operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
If we fail to insist that you perform any of your obligations under these Terms of Supply, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
These Terms of Supply are governed by English law. You and we both agree to submit to the non-exclusive jurisdiction of the English courts.