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Terms and Conditions

  • Updated

1. WELCOME TO SPAARKD

These terms and conditions, together with the information and policies contained in the "Help and Support" pages on the website or mobile app and any other documents referred in these terms and conditions, including but not limited to our Privacy Policy (“Privacy Policy”) (together, "Terms and Conditions") set out the legal terms that apply to your use of our website https://www.spaarkd.com, any of its sub-domains and any other websites operated by us or on our behalf as well as any mobile device application or desktop application developed by us or on our behalf (together, the "Websites" and “Website” being a reference to any one of them) and the other services that we provide (the “Services”), except where we expressly state that separate terms and conditions (and not these Terms and Conditions) apply.

 

Please read these Terms and Conditions carefully and make sure that you understand them before using the Website or Services. Please note that by using the Services, you agree to be bound by these Terms and Conditions. If you do not accept these Terms and Conditions, you will not be able to use the Services and you should leave the Website immediately. If you continue to use the Website or Services, we will take this as your acceptance of these Terms and Conditions.

 

2. UNDERSTANDING THE TERMS AND CONDITIONS

When certain words and phrases are used in these Terms and Conditions, they have specific meanings (these are known as 'defined terms'). You can identify these defined terms because they start with capital letters (even if they are not at the start of a sentence). Where a defined term is used, it has the meaning given to it in the section of the Terms and Conditions where it was defined (you can find these meanings by looking at the sentence where the defined term is included in brackets and quotation marks).

 

When we refer to "SPAARKD", "we", "us" or "our", we mean SPVRKD AG or, where relevant, its subsidiaries or affiliates. Where we refer to "you", "your" or “user” we mean you, the person using the Services.

 

We have used headings to help you understand the Terms and Conditions and to easily locate information. These Terms and Conditions are only available in the English language. We will not file copies of the contracts between us and you relating to our supply of the Services, so we recommend that you print or save a copy of these Terms and Conditions for your records (but please note that we may amend these Terms and Conditions from time to time so please check the Website regularly, and each time you use the Services, to ensure you understand the legal terms which apply at that time).

 

3. ABOUT SPAARKD

We are SPAARKD and, along with certain of our affiliates, we operate the Website and provide the Services. SPVRKD AG is incorporated and registered in Switzerland with company number CHE-260.912.0934 and whose registered office is at Baarerstrasse 78, 6300 Zug, Switzerland.

 

SPAARKD is a platform on a mission to enable anyone and everyone to become a creator. Responsibly. SPAARKD allows creators, influencers, media personalities, established brands, impactors, and other companies or organizations to create and customize their own brands and designs.

 

We envision a world where anyone and everyone can become a responsible product creator, democratizing the entire industry.

 

4. OUR SERVICES

Our Website and Services are a free to use and allow you to:

  • - Create your own brand and customized designs using the SPAARKD Studio (please note that, at the moment, this function is only available to approved creators;
  • - Explore and engage with creators and their SPAARKD products, as well as other members of the SPAARKD Community with the option to vote for and purchase those products using the Store section; and
  • - Post, share, and support photos and videos on the Website's Social function.

 

5. CREATOR TERMS

If you have been approved to become a creator, the Creator Terms and Conditions will apply in addition to these Terms and Conditions. To the extent there is an inconsistency between these Terms and Conditions and the Creator Terms, the Creator Terms shall prevail.

 

6. TERMS OF USE

Your use of the Website and the Services is subject to the Terms of Use set out in this section 6.

 

6.1 About you

Whilst the SPAARKD Community, i.e., the collective of users and creators on SPAARKD (“Community”), is all inclusive, you must be 18 years old or over to use the Website and the Services.

If you are under the age of 18: You should have your parent or legal guardian’s permission to use the Website and Service. Please have them read these Terms of Use with you.

If you are a parent or legal guardian of a user under the age of 18: By allowing your child to use the Service, you are subject to the terms of these Terms of Use and responsible for your child’s activity on the Service.

 

6.2 Third-party operations

Those third parties (including, but not limited to, Google and Apple) will have their own terms and conditions and privacy policies which apply to the services that they provide in addition to our Terms of Use. Please make sure you read and understand their terms before you use those parts of the Service.

 

6.3 Changes or suspension

From time to time, we may automatically update the Website and change the Services to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the Website for these reasons.

If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the Website and the Services.

Whilst we want you to be able to use the Website to your heart's content, we do not guarantee that our Website or the Services will always be available or be uninterrupted.

We may suspend or withdraw or restrict the availability of all or any part of the Website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

 

6.4 Creating an account

Whilst you can view and use certain features of the Website without registering to create an account, you must register to create an account (“Account”) to use all the features of our Website.

You may register directly via the Website (including using your existing accounts with Apple or Google) by completing the fields presented to you on the Website. We will create your Account based upon the information that you provide to us or that you permit Apple or Google to provide to us. More details about our collection of your personal information are set out below (see section 6.5 (Privacy Policy)).

 

You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. This allows us to continue providing our best service possible.

If you choose, or you are provided with, a user identification code, password, or any other piece of information as part of our security procedures, you must treat such information confidentially. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.

If you know or suspect that anyone other than you knows your user identification credentials or password, you must promptly notify us via our contact form.

 

6.5 Privacy Policy

We respect your privacy and value the trust you place in us when you share your personal information.

The personal information that you submit to SPAARKD and that we otherwise collect in connection with your use of the Website and/or Services is governed by our Privacy Policy.

To the extent there is an inconsistency between these Terms and Conditions and the Privacy Policy, the terms of the Privacy Policy (as the case may be) shall prevail.

 

When we receive information from you or content which is otherwise generated in connection with your use of the Website or the Services, you grant to us a royalty-free, perpetual, non-exclusive, worldwide, fully, and freely transferable and sub-licensable, irrevocable right and license to use such information and content. On any termination of these Terms and Conditions, the license granted pursuant to this section 6.5 shall continue in perpetuity.

 

6.6 Permission to use the Website and the Services

While you comply with these Terms, we grant you a non-exclusive, non-transferable, personal, revocable limited license to access and/or use the Website (but not any related object and source code) for your own personal, private use, in each case provided that such use is in accordance with these Terms of Use. You agree not to use the Website for anything else.

If you download or stream the Website onto any telephone or other device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these Terms of Use whether you own the phone or other device.

 

6.7 Responsibility for other websites

To provide the best service possible, the Website may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).

You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.

 

6.8 Liability for loss and damage

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Website or to your downloading of any content on it, or on any website linked to it.

You are responsible for configuring your information technology, computer programs and platform to access and use the Website, and you should use your own virus protection software.

 

6.9 Interaction on the Website and adherence to Community Standards

Whenever you make use of a feature that allows you to upload or share content to our Website, or to contact other users of our Website, you must at all times comply with our Global Community Standards laid out in section 16.

 

Additionally, you must not:

  • - infringe our intellectual property rights or those of any third party in relation to your use of the Website or Service, including by the submission of any material (to the extent that such use is not licensed by these Terms of Use). Please see section 6.10 (Intellectual property rights) below for further information;
  • - use the Website in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms of Use, or act fraudulently or maliciously (e.g., by hacking into or inserting malicious code, viruses or harmful data, into the Website or any operating system);
  • - use the Website in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
  • - collect or harvest any information or data from the Website or our systems or attempt to decipher any transmissions to or from the servers running the Website or our systems;
  • - rent, lease, sub-license, loan, provide, or otherwise make available, the Website or the Services in any form, in whole or in part to any person without prior written consent from us;
  • - not copy the Website or Services, except as part of the normal use of the Website or where it is necessary for the purpose of back-up or operational security;
  • - not translate, merge, adapt, vary, alter or modify, the whole or any part of the Website or Services nor permit the Website or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the Website and the Services on devices as permitted in these Terms of Use;
  • - not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Website or the Services nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the Website to obtain the information necessary to create an independent program that can be operated with the Website or with another program (“Permitted Objective”), and provided that the information obtained by you during such activities:
    • (i) is not disclosed or communicated without the Licensor's prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective;
    • (ii) is not used to create any software that is substantially similar in its expression to the Website;
    • (iii) is kept secure; and
    • (iv) is used only for the Permitted Objective; or
  • - comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the Website or any Service.

 

We want every member of our Community to have the best experience possible when using the Website and the Services. Please beware: We take any breaches of the above restrictions very seriously. They spoil the experience for other users and can prevent us from providing our Services.

You warrant that any such content and use of the Website does comply with the above standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

 

6.10 Intellectual property rights

All intellectual property rights on the Website and the Services belong to us (or we have permission to use that intellectual property from our licensors) and the rights on the Website and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the Website or the Services other than the right to use them in accordance with these Terms of Use.

As set out in section 6.9 (Interaction on the Website and adherence to Community Standards), you must not infringe our intellectual property rights or those of any third party in relation to your use of the Website or Service, including by the submission of any material (to the extent that such use is not licensed by these Terms and Conditions).

Please pay particular attention to this part: You agree to indemnify us for any loss suffered either by us as a result of your non-compliance with this section 6.10.

 

6.11 Reliance on information

The Website allows users to access the Services offered by SPAARKD. The Website and the Services are provided for general information and entertainment purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action based on information obtained from the Website or the Service.

Although we make reasonable efforts to update the information provided by the Website and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete, or up to date.

We commit to save trees (or engage a third party to do so) on your behalf (either as a customer or a creator) in various locations across the world. The Website uses graphics and other visual materials to present this information to you. Please note that we make no representations, warranties, or guarantees, whether express or implied, that such information (including, but not limited to, the total number of trees which have been planted as part of the initiative or the exact location of the tree(s) planted on your behalf) is accurate, complete, or up to date.

 

6.12 Termination of usage

We can terminate these Terms of Use or stop providing any part of the Website and Services at any time and for any reason. We may also change, suspend, terminate, or discontinue any aspect of the Website or the Services including availability of certain features at any time and for any reason. Where possible, we will give you notice before doing so.

You can terminate these Terms of Use insofar as they are applicable to you for any reason by giving us immediate notice. In addition, either party may terminate these Terms of Use immediately if the other is breaching any of its responsibilities under these Terms and Conditions (including the license restrictions under section 6.9 (Interaction on the Website and adherence to Community Standards)).

On any termination of these Terms and Conditions, your right to use the Website and the Services will stop and we may terminate your access to and use of the Website and Services and invalidate all or any relevant access details. For the avoidance of doubt, without the right to use the Website, you will be unable to order products under the Terms of Sale.

Termination of these Terms and Conditions will not affect:

  • - any rights, liabilities or obligations which accrued before such termination; or
  • - any of these Terms of Use that are intended to continue to have effect after such termination.

 

7. TERMS OF SALE

All sales of products via the Website will be based on the Terms of Sale set out in this section 7.

Please read these Terms of Sale carefully before you place an order. These Terms of Sale tell you how we will provide products to you, how you and we may change or end the contract of sale, what to do if there is a problem as well as additional important information.

 

7.1 About you

You must be 18 or over to accept these Terms of Sale on your own behalf, as well to purchase any products from us.

If you are under the age of 18: You should have your parent or legal guardian’s permission to purchase products from us. Please have them read these Terms of Sale with you.

If you are a parent or legal guardian of a user under the age of 18: By allowing your child to purchase products from us, you are subject to the terms of these Terms of Sale and responsible for your child’s purchases.

 

7.2 Voting process

Voting & order window: The Community can vote for designs from on Monday ("Voting Window"). Registered users can support designs with one vote per design per week. For a design to become available for purchase in the Store from Tuesday to Sunday ("Order Window"), it must receive a minimum of 100 votes during one (1) Voting Window. All votes are reset to zero (0) at the beginning of a new Voting Window.

The length of the Voting Window and Order Window as well as the voting mechanism and all related implications are subject to modification and termination by the Company at any time without prior notice.

Being among the first 100 voters of a design: The first 100 users to vote for a product during a Voting Window will collectively share 5% of the revenue from the same product’s sales for one (1) subsequent Order Window, if and only if the product is made available for sale in the Store during this Order Window.

In the event that the product does not receive 100 votes or is not made available for sale in the Store during the subsequent Order Window, none of the abovementioned 100 voters shall be entitled to any revenue. Participation in the voting process is subject to the Company's verification, and any fraudulent or improper activity may result in disqualification.

 

7.3 Order process

Placing your Order: Once you have placed your order for products on the Website (“Order”), we will send you an Order acknowledgement email detailing the products you have ordered. This is not an order confirmation or an acceptance of your Order by us. Your Order is an offer to buy a product or products from us and your offer will not be deemed to have been accepted by us until we have sent you a dispatch confirmation.

Accepting your Order: Our acceptance of your Order will take place when we email you to confirm that your Order has been dispatched from the distribution center at which point a contract will come into existence between you and us.

Whilst we try to minimize this as much as possible, there may be occasions where we are unable to accept your Order once it has been placed via the Website. We will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline.

 

7.3.1 Our products

We attempt to be as accurate as possible in the description of the products displayed on the Website. However, as the descriptions are based on information provided to us by the creators, we cannot guarantee that all details are always accurate, complete or error free. The images of the products on the Website are for illustrative purposes only, and although we attempt to display colors accurately, we cannot guarantee that your computer's display of the images accurately reflects the true color of the products.

The packaging of the product may vary from that shown in images on our Website.

 

7.3.2 Order changes

If you wish to make a change to the product you have ordered, please contact us and we will let you know if the change is possible. Please note that we will do our best to make your requested change within the 15 (fifteen) minute period after you have placed your order, but we cannot guarantee that we will be able to implement the change you have requested (either during that 15 (fifteen) minute period or afterwards) once you have placed an Order via the Website.

If the change is possible, we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see section 7.10 (Termination of contract)).

 

7.3.3 SPAARKD's right to make changes

We may make minor changes to the product:

  • to reflect changes in relevant laws and regulatory requirements; and
  • to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the product.

In addition, as we informed you in the description of the product on the Website, we may make more significant changes to the product, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.

 

7.4 Order dispatch

The costs of delivery will be as displayed to you on the Website.

During the order process will let you know when we will provide the products and will deliver them to you as soon as reasonably possible. Please note that due to the 'made-to-order' nature of our products, delivery will usually take between 7 and 21 business days.

In any event, delivery will take place within 30 days after the day on which we accept your order or if you have selected a specific delivery date during the order process, by the delivery date agreed between us.

If our supply of the products is delayed by an event outside our control, we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.

 

7.5 Order delivery

If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will ensure that our third-party carriers inform you of how to rearrange delivery or collect the products from a local depot.

If you do not collect the products from us or our third-party carriers as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery we may end the contract and section 7.13 (Our rights to end the contract) will apply.

 

7.6 Late delivery

You have legal rights if we deliver any goods late in accordance with the delivery times set out in section 7.4 (Order dispatch) above. If we miss the delivery deadline for any goods, then you may treat the contract as at an end straight away if any of the following apply:

  • we have refused to deliver the products;
  • delivery within the delivery deadline was essential (considering all the relevant circumstances); or
  • you told us before we accepted your Order that delivery within the delivery deadline was essential.

If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under this section 7.6 you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.

If you do choose to treat the contract as at an end for late delivery under this section 7.6 you can cancel your Order for any of the products or reject products that have been delivered. If you wish, you can reject or cancel the order for some of those products (not all of them), unless splitting them up would significantly reduce their value.

After that, we will refund any sums you have paid to us for the cancelled products and their delivery. If the products have been delivered to you, you must post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please use our FAQs for information on how to initialize a return.

We will notify you in advance in case we suspend supply of the product unless the problem is urgent or an emergency. If we have to suspend the product for longer than 30 (thirty) days, you may contact us to end the contract, or tell you we are going to suspend it, in each case for a period of more than 30 (thirty) days and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract entered into between us.

 

7.7 Transfer of ownership

A product will be your responsibility from the time we deliver the product to the address you gave us. You own a product once we have received payment in full.

We may have to suspend the supply of a product to:

  • - deal with technical problems or make minor technical changes;
  • - update the product to reflect changes in relevant laws and regulatory requirements; or
  • - make changes to the product as requested by you or notified by us to you (see section 7.3.3 (SPAARKD's right to make changes)).

 

7.8 Statutory rights in relation to returns

Whilst we aim to reduce returns (and the impact on our environment), we understand that there may be issues with your product or things may just not work out. Your rights under the Consumer Contracts Regulations 2013 will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:

  • - If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back), see section 7.14 (Complaints or inquiries);
  • - If you have just changed your mind about the product, see section 7.9 (Refunds) you may be able to get a refund if you are within the 14-day cooling-off period, but this may be subject to deductions.
  • - If you want to end the contract because of something we have done or have told you we are going to do, see clause below in this section 7.10 (Termination of contract); or

If you are ending a contract for a reason set out below, the contract will end immediately, and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:

  • - we have told you about an upcoming change to the product or these Terms and Conditions which you do not agree to (see section 7.3.3 (SPAARKD's right to make changes)).
  • - we have told you about an error in the price or description of the product you have ordered, and you do not wish to proceed;
  • - there is a risk that supply of the products may be significantly delayed because of events outside our control;
  • - we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 (thirty) days; or you have a legal right to end the contract because of something we have done wrong (including because we have delivered late (see section 7.6 (Late delivery)).

 

7.9 Refunds

You may be entitled to change your mind within 14 days and receive a refund under the Consumer Contracts Regulations 2013.

However, please note that you do not have the right to change your mind in respect of:

  • - products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; and
  • - products that are made to your specifications or are clearly personalized (including, but not limited, to products that you may have customized using the Studio feature of the Website).

You have 14 days after the day you (or someone you nominate) receives the products unless your products are split into several deliveries over different days. In this case, you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the products.

 

7.10 Termination of contract

To terminate your contract with us, please use the settings section on the Website or visit our FAQs to find out more.

If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must post them back to us at Petratex - Confecções, S.A., (SPAARKD), R. do Bande 429, Carvalhosa, Portugal, 4590-049, or (if they are not suitable for posting) allow us to collect them from you. Please use our contact form to request a return label. If you are exercising your right to change your mind, you must send off the goods within 14 days of telling us you wish to end the contract.

 

7.11 Cost of returning products

We will pay the costs of return:

  • - if the products are faulty or misdescribed; or
  • - if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.

In all other circumstances (including where you are exercising your right to change your mind), we may ask you to pay the costs of return.

If you are responsible for the costs of return and we are collecting the product from you, we may charge you the direct cost to us of collection. The costs of collection will be the same as our charges for standard delivery.

 

7.12 Processing refunds

We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

If you are exercising your right to change your mind:

  • - We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the products if this has been caused by your handling them in a way which would not be permitted in a physical shop. If we refund you the price paid before we can inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
  • - The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.

We will make any refunds due to you as soon as possible.

If you are exercising your right to change your mind and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us.

 

7.13 Our rights to end the contract

We may end the contract for a product at any time by writing to you if:

  • - you do not make any payment to us when it is due, and you still do not make payment within 30 (thirty) days of us reminding you that payment is due;
  • - you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, your size; or
  • - you do not, within a reasonable time, allow us to deliver the products to you.

If we end the contract in the situations set out in this section 7.13 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

 

7.14 Complaints or inquiries

If you have any questions or complaints about the product, please visit our FAQs or contact our Customer Service team.

We are under a legal duty to supply products that are in conformity with this contract. Please find your key legal rights in relation to the product below. Nothing in these terms will affect your legal rights.

 

Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

If your product is a good, for example, items of SPAARKD clothing, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:

a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.

b) between 30 days and 6 months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.

c) after 6 months: if your goods do not last a reasonable length of time, you may be entitled to some money back.

 

If you wish to exercise your legal rights to reject products, you must post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please visit our FAQs to learn how to return an item.

 

7.15 Pricing and payment

We take all reasonable care to ensure that the price of the product advised to you on the Website is correct. However, we are very busy providing the best Service possible to the Community and it is always possible that, despite our best efforts, mistakes happen. As such, some of the products we sell may be incorrectly priced on the Website from time to time.

If we accept and process your Order where a pricing error is obvious and unmistakable and could reasonably have been recognized by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any products provided to you.

If the rate of VAT changes between your Order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

You must pay for the products before we dispatch them.

If you think an invoice is wrong, please promptly contact our Customer Service team. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.

 

7.16 Promotions

From time to time, we may provide you with codes that you can use on the Website to reduce the price of specified products (a “Promotional Code”). It is your responsibility to enter any such Promotional Codes at the checkout section of the Website in order for them to apply to your order.

Separate terms and conditions (including relevant exclusions) will apply to each Promotional Code that we issue. We will notify you of where to find such terms and conditions at the point of issuing the relevant Promotional Code.

If we provide you with a Promotional Code which is unique to you, you must not share that Promotional Code to any other person, including (but not limited to) making that Promotional Code publicly available (for example, posting it on social media or uploading it to third party website) or selling that Promotional Code to any third parties. If you misuse (or we suspect you are misusing) a Promotional Code, we can withdraw your right to use that Promotional Code with immediate effect.

If we become aware of (or where relevant, reasonably suspect): (a) any widespread misuse of the Promotional Code; (b) an event which is outside of our control; and/or (c) any other issues or circumstances, in each case which prevent the promotion running fairly and reasonably and as we intended, we reserve the right to amend, suspend or withdraw the Promotional Code at any time with immediate effect.

 

8. RESPONSIBILITY FOR LOSS OR DAMAGE

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms and Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms and Conditions or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these Terms and Conditions, both SPAARKD and you knew it might happen.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence; the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products, as summarized at section 7.14 (Complaints or inquiries); and for defective products under the Consumer Protection Act 1987.

 

9. RESPONSIBILITY FOR BUSINESS LOSS OR EVENTS BEYOND OUR CONTROL

If you use the Website for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We are also not responsible for failure to meet any of our obligations under the Terms and Conditions where such failure is due to events beyond our reasonable control.

The use of the Website and Services and/or its contents is at your own risk. The contents of the Website could include technical inaccuracies or typographical errors.

Nothing in these Terms and Conditions is intended to affect or limit your rights under the law. For more information about your rights contact your local Citizens Advice Bureau or Trading Standards Bureau.

 

10. TRANSFER OF AGREEMENT

We may transfer this agreement to someone else. We may transfer our rights and obligations under these Terms and Conditions to another organization. We will always notify you in writing if this happens and we will ensure that the transfer will not affect your rights.

You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Terms and Conditions to another person if we agree in writing.

 

11. ADDITIONAL IMPORTANT INFORMATION

Each of the paragraphs of these Terms and Conditions 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.

Even if we delay in enforcing these Terms and Conditions, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms and Conditions, or if we delay in taking steps against you in respect of your breaking these Terms and Conditions, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

 

12. THIRD-PARTY RIGHTS AND DEALINGS

A person who is not a party to these Terms and Conditions will not have any rights to enforce its terms.

We may at any time transfer or deal in any other manner with all or any of our rights or obligations under these Terms and Conditions, but you may not do so without our prior written consent.

 

13. ENTIRE AGREEMENT

Except as expressly provided in a particular notice or disclaimer posted by or on behalf of SPAARKD on the Website, these Terms and Conditions (including the Global Community Standards) together with the Privacy Policy, and where relevant, the Creator Terms, constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.

You acknowledge that in entering into these Terms and Conditions you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms and Conditions, the Privacy Policy and where relevant, the Creator Terms.

 

14. GOVERNING LAW

These Terms and Conditions, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of England and Wales.

You can bring legal proceedings in respect of these Terms and Conditions in the English courts.

 

15. SPAARKD TRADEMARKS

You may not use any automated technology to scrape, mine or gather any information from our Website or Services or otherwise access the content for any unauthorized purpose. If you are blocked by SPAARKD from accessing the Website and Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). The technology and software underlying the Website and Services or distributed in connection therewith are the property of SPAARKD and our affiliates. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. The Website and Services may contain images, artwork, fonts, and other content or features that are protected by intellectual property rights and laws. Except as expressly authorized by SPAARKD, you agree not to modify, copy, frame, rent, lease, loan, sell, distribute, or create derivative works, in whole or in part. Any use of the Website and Services other than as specifically authorized herein is strictly prohibited. Any rights not expressly granted herein are reserved by SPAARKD. The SPAARKD name and logos are registered trademarks of SPVRKD AG. You are not permitted to use them without our approval.

Other company, product and service names and logos used and displayed on our Website and Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to SPAARKD. Nothing in these Terms and Conditions should be construed as granting any license or right to use any of our trademarks displayed on the Website and Services, without our prior written permission in each instance. All goodwill generated from the use of our trademarks will inure to SPAARKD’s exclusive benefit.

 

16. GLOBAL COMMUNITY STANDARDS

SPAARKD is a global Community of one heart and many hands. As part of our Community, when using the SPAARKD Website, we expect you to respect the other members of the Community and accordingly, adhere to our Global Community Standards whenever you:

  • - upload content to our Website, such as photographs or videos;
  • - create content and product designs on the Website using the Studio function;
  • - make contact with other users on our Website;
  • - link to our Website; or
  • - interact with our Website in any other way.

 

 16.1 What you are prohibited from doing

You must not use our Website:

  • - in any way that breaches any applicable local, national or international law or regulation;
  • - in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;
  • - for the purpose of harming or attempting to harm minors in any way;
  • - to bully, insult, intimidate or humiliate any person;
  • - to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards;
  • - to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam);
  • - to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
  • - to upload terrorist content;
  • - in any way that SPAARKD reasonably considers goes against our ethos as an ethical and responsible company; and/or
  • - in any way that we reasonably consider brings the SPAARKD brand into disrepute.

 

You also agree:

  • - not to reproduce, duplicate, copy or re-sell any part of our Website in contravention of the provisions of these Terms and Conditions;
  • - not to access without authority, interfere with, damage, or disrupt:
    • (i) any part of our Website;
    • (ii) any equipment or network on which our Website is stored;
    • (iii) any software used in the provision of our Website; or
    • (iv) any equipment or network or software owned or used by any third party.

 

16.2 Interactive services

We may provide interactive services on the Social sections of our Website, including, but not limited to:

  • - video sharing facilities;
  • - imagery sharing facilities;
  • - audio sharing facilities;
  • - facilities which enable you to support, comment on and interact with the content uploaded by other users of the Website;
  • - direct messaging facilities which can be used to communicate with other users (together, the “Interactive Services” and each an “Interactive Service”).

 

Where we do provide any Interactive Service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

We will do our best to assess any possible risks for users (and in particular for children) from third parties when they use any interactive service provided on our Website, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks.

However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our Website 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 child under the age of 18 is subject to the consent of their parent or guardian. We advise parents who permit their children to use an Interactive Service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Children who are using any Interactive Service should be made aware of the potential risks to them.

Where we do moderate an Interactive Service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise. You will also be able to report to the moderator any use of the Interactive Services which you suspect breaches these Global Community Standards.

 

16.3 Content standards and contribution to our Website and Services

The Content standards apply to all content which you contribute, upload or share on our Website and to any Interactive Services associated with it, including but not limited to content in the form of text, voice, video or imagery (“Contribution”).

SPAARKD has the right, at its sole discretion, to decide whether a Contribution breaches these Content Standards.

 

A Contribution must:

  • - be accurate (where it states facts);
  • - be genuinely held (where it states opinions); and
  • - comply with the law applicable in England and Wales and in any country from which it is posted.

 

A Contribution must not:

  • - be defamatory of any person;
  • - be obscene, offensive, hateful or inflammatory;
  • - bully, insult, intimidate or humiliate;
  • - include or promote sexually explicit material;
  • - include or promote child sexual abuse material;
  • - include or promote violence or harmful material;
  • - include any classified material
  • - include or promote discrimination based on racial or ethnic origin, nationality, sex, gender, religion or belief, nationality, disability, age or sexual orientation;
  • - infringe any copyright, database right or trademark of any other person or owner of these rights;
  • - be likely to deceive any person;
  • - breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
  • - promote any illegal content or activity;
  • - be in contempt of court;
  • - be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;
  • - be likely to harass, upset, embarrass, alarm or annoy any other person;
  • - impersonate any person or misrepresent your identity or affiliation with any person;
  • - give the impression that the Contribution emanates from SPAARKD, if this is not the case;
  • - advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse;
  • - contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation, or instigation of acts of terrorism;
  • - contain any advertising or promote any services or web links to other sites or mobile applications;
  • - containing advertising for any of the following:
    • (i) cigarettes and other tobacco products, electronic cigarettes or electronic cigarette refill containers;
    • (ii) prescription-only medicine;
    • (iii) alcoholic drinks that are not aimed specifically at people over the age of 18 and encourage immoderate consumption of alcohol.

 

16.4 Breach of Global Community Standards

When we consider that a breach of these Global Community Standards has occurred, we may take such action as we deem appropriate.

Failure to comply with the Global Community Standards constitutes a material breach of the Terms of Use upon which you are permitted to use our Website and the Services, and may result in our taking all or any of the following actions:

  • - immediate, temporary or permanent withdrawal of your right to use our Website and Services;
  • - immediate, temporary or permanent removal of any Contribution uploaded by you to our Website and Services;
  • - issue of a warning to you;
  • - legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
  • - further legal action against you; and
  • - disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

 

We exclude our liability for all action we may take in response to breaches of these Global Community Standards. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

 

Last updated: 22 May 2023

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