Terms of service

OVERVIEW

Welcome to Spark & Gadget. The terms "we", "us" and "our" refer to Truman Hart, trading as Spark & Gadget. We operate this store and website, including all related information, content, features, tools, products and services (the "Services"). Spark & Gadget is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service, together with our Privacy Policy, Refund Policy and Shipping Policy, describe your rights and responsibilities when you use the Services. Please read them carefully, as they include important information about your legal rights. By using our Services, you agree to be bound by them.

Nothing in these Terms affects your statutory rights as a consumer under UK law.

1. ACCESS AND ACCOUNT

By agreeing to these Terms, you confirm that you are at least 18 years old, or that you have the permission of a parent or guardian to make a purchase.

To place an order you will be asked for information such as your email address and billing, payment and delivery details. You confirm that the information you provide is correct, current and complete.

You are responsible for keeping any account credentials secure.

2. OUR PRODUCTS

We make every effort to represent our products accurately. Colours and appearance may differ from how they look on your screen, depending on your device and its settings.

Product descriptions and specifications are provided by our suppliers. We may change or discontinue any product at any time, and we may limit quantities.

3. ORDERS

When you place an order you are making an offer to buy. Your order is accepted when we send you a dispatch confirmation. We may decline an order, for example if the item is unavailable, if there is a pricing error, or if we cannot deliver to your address. If we decline or cancel an order, we will refund you in full.

If you need to change or cancel an order, contact us at info@sparkandgadget.co.uk as soon as possible. We may not be able to change an order once it has been sent to our supplier, but your cancellation rights under our Refund Policy still apply.

4. PRICES AND PAYMENT

Prices are shown in pounds sterling and include UK VAT where applicable. We are not currently VAT registered, so no VAT is charged on our prices.

Prices may change at any time, but the price you pay is the one shown when you place your order. Delivery is free; see our Shipping Policy.

If a product is listed at an incorrect price due to an error, we will contact you before dispatch and give you the choice of continuing at the correct price or cancelling for a full refund.

5. SHIPPING AND DELIVERY

Delivery times are estimates. Our products are shipped from overseas suppliers, so please allow the times set out in our Shipping Policy.

Goods remain our responsibility until they are delivered to you. If your order arrives damaged or does not arrive at all, contact us and we will put it right.

6. INTELLECTUAL PROPERTY

The content of this website, including text, images, graphics and the way they are arranged, is owned by us or our licensors and is protected by UK and international copyright, trade mark and other intellectual property laws.

You may use the website for your own personal, non-commercial purposes. You may not copy, reproduce, republish or distribute any part of it without our written permission.

Product names, logos and trade marks belonging to other companies remain the property of their owners.

7. THIRD-PARTY LINKS AND TOOLS

Our Services may include links to, or tools provided by, third parties. We do not control these and are not responsible for their content, accuracy or practices. Any use of them is at your own risk and subject to the third party's own terms.

8. RELATIONSHIP WITH SHOPIFY

Spark & Gadget is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with Spark & Gadget. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Spark & Gadget, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Spark & Gadget.

9. PRIVACY

All personal information we collect is handled in accordance with our Privacy Policy. Because our Services are hosted by Shopify, Shopify also collects and processes information about your use of the site. Shopify's Consumer Privacy Policy explains how.

10. REVIEWS AND FEEDBACK

If you send us ideas, suggestions or reviews, you grant us permission to use them, including publicly and for commercial purposes. You confirm that anything you send is your own, is accurate, and does not infringe anyone else's rights.

We may remove content that is unlawful, offensive or misleading.

11. ERRORS AND OMISSIONS

Our website may occasionally contain errors relating to descriptions, pricing, delivery times or availability. We may correct these and update or cancel orders where information was inaccurate, including after you have ordered. Where we cancel, we refund in full.

12. ACCEPTABLE USE

You may use our Services for lawful purposes only. You must not use them to break the law, infringe anyone's rights, harass anyone, send spam, upload malicious code, scrape or copy the site, or interfere with its security.

13. TERMINATION

We may withdraw access to our Services at any time. Sections that by their nature should continue after termination will do so, including those covering intellectual property, liability and governing law.

14. LIABILITY

We do not exclude or limit our liability where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence, for fraud, and for breach of your statutory rights as a consumer.

Subject to that, we are not liable for losses that were not foreseeable, or for business losses such as loss of profit, loss of business or loss of opportunity, as our products are supplied for private and domestic use.

Where we are liable, our liability is limited to the price you paid for the product concerned.

15. EVENTS OUTSIDE OUR CONTROL

We are not responsible for delays or failures caused by events outside our reasonable control, such as postal strikes, customs delays, extreme weather or supplier failure. If such an event occurs, we will contact you and you may cancel your order for a full refund.

16. COMPLAINTS

If something goes wrong, email info@sparkandgadget.co.uk and we will respond within two working days. We aim to resolve complaints within 14 days.

17. GENERAL

If any part of these Terms is found to be unenforceable, the rest continues to apply. Our failure to enforce a term does not mean we give up the right to do so later. We may transfer our rights and obligations under these Terms; you may not transfer yours without our consent.

18. GOVERNING LAW

These Terms are governed by the law of England and Wales. Any dispute will be subject to the non-exclusive jurisdiction of the courts of England and Wales. If you live in Scotland or Northern Ireland, you may also bring proceedings in your own country's courts.

19. CHANGES TO THESE TERMS

We may update these Terms from time to time. The version in force is the one published on this page when you place your order.

20. CONTACT

Truman Hart, trading as Spark & Gadget
44 Kempton Drive, Warwick, CV34 5FT, United Kingdom
info@sparkandgadget.co.uk