TERMS OF PURCHASE (Last updated July, 2018)
These Terms of Purchase have been executed and delivered by you and constitute a valid and binding agreement between you and the Company, enforceable against you in accordance with their terms. You represent that you are (1) at least 18 years of age, (2) of legal age to form a binding contract, and (3) not a person barred from receiving services under any applicable laws, rules or regulations.
You shall purchase and use the products and services available through the Company Sites, in strict compliance with these Terms of Purchase and all applicable laws, rules and regulations (collectively, “Laws”). You are responsible to comply with all applicable laws with respect to your purchase, including all applicable laws in the jurisdiction to which any products are shipped. All calls, emails and other communications between you and the Company may be recorded.
A copy of the Privacy Notice that applies to the collection, use, disclosure and other processing of personal information by the Company is located at http://www.sparkygarden.com. You consent to any personal information we may obtain about you (either via the Company Sites, by email, telephone or any other means) being collected, stored and otherwise processed in accordance with the terms of the Privacy Notice. The Company may update its Privacy Notice from time to time, in its sole discretion. Any changes to our Privacy Notice will be posted at http://www.sparkygarden.com. Your continued use of the Sites after any changes to the Privacy Notice means you accept the changes.
The Company may, in its sole discretion, choose to not process or to cancel your order in certain circumstances. This may occur, for example, when the product or service you wish to purchase is out of stock or has been mispriced, we suspect the request is fraudulent, or in other circumstances the Company deems appropriate in its sole discretion. The Company also reserves the right, in its sole discretion, to take steps to verify your identity to process your order. The Company will either not charge you or refund the charges for orders that we do not process or cancel. Without limiting the foregoing, the Company reserves the right to: (i) revoke any stated offer; (ii) correct any errors, inaccuracies, or omission; and (iii) make changes to prices, content, promotion offers, product descriptions or specifications, or other information without obligation to issue any notice of such changes (including after an order has been submitted, acknowledged, shipped, or received, except as prohibited by law).
Product and Service Descriptions
The Company attempts to provide accurate descriptions of products and services on the Company Sites. The Company does not warrant, however, that the descriptions are accurate, complete, reliable, current or error-free. If a product or service offered on the Company Sites is not as described, your sole remedy is to return the item, as specified in these Terms of Purchase.
The Company Sites may offer a quick view type feature for various products. This feature allows you to view price information about the product and add the product to your cart without opening the product page. The quick view feature and this "add to cart" feature are offered for your convenience only. The product page is where you will find more detailed information about a product, its source, features and pricing.
The Company strives to provide accurate pricing information regarding the products and services available on the Company Sites. We cannot, however, insure against pricing errors. The Company reserves the right, at its sole discretion, to not process or to cancel any orders placed for a product or service whose price was incorrectly posted on the site as a result of an error. If this occurs, the Company will notify you by email. In addition, the Company reserves the right, at its sole discretion, to correct any error in the stated full retail price.
Product and Service Availability
The Company Sites may contain information regarding the availability of merchandise. This information can be used to estimate the likelihood that an item will be shipped immediately after you place your order. Estimated delivery date to your destination address of an item will be around 30 days or less after your successful payment, it is subject to change based on shortage of an item, bad weather, transit time of your carrier, destination address etc. Unfortunately, the Company cannot guarantee that an item listed as “in stock” will actually ship right away, as inventory can change significantly from day-to-day. In rare cases, a product or service offering may be in stock when a customer places the order, and sold out by the time the Company attempts to process the order. Should this happen, the Company will notify you by email. Service offerings that are out-of-stock generally are no longer available. If Company determines that a product or service you wish to purchase is no longer available, the item will be cancelled from your order. The Company will notify you by email and delete the item from the Company Sites.
Specific Additional Disclaimers and Obligations
You are responsible for any taxes, customs duties and fees levied by the jurisdiction to which the products are shipped, including but not limited to any sales or use tax, value added taxes or tariffs.