Welcome to Sparq Creations. Throughout the site, the terms “Sparq Creations”, “we”, “us”, and “our” refer to Sparq Creations Corp. We offer this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here. By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features that are added to the current store are also subject to the Terms of Service. You can always review the most recent version of the Terms of Services on this page. Sparq Creations does have the right to update, change, or replace any part of these Terms of Services by updating or applying changes to our website. It will be deemed your responsibility to check for any changes on this page. Your continued use of the website services following certain updates or changes constitutes acceptance of the changes.
- Our Services
a. Products. All features, content, availability, specifications, products, and prices of products described or depicted within the Services are subject to change at any time without notice. Certain products may have limited quantities and are subject to return or exchange only according to our Returns & Exchanges Policy. The inclusion of any products at a particular time does not imply or warrant that these products will be available at any time.b. Accuracy of Content. We make all reasonable efforts to accurately display the attributes of our products and ensure that information is complete, accurate, and up-to-date. The actual colours you see will depend on the device you are using, thus we cannot guarantee that your display will accurately reflect the colour of the products upon delivery. Despite our efforts, the information provided within the Services may occasionally be inaccurate, incomplete, or out-of-date. We make no representation as to the completeness, accuracy, or currency of any information within the Services.
c. Shipping. When a product order is placed, it will be shipped to the address designated by you, as long as such shipping address is compliant with the shipping restrictions contained on the Services.
d. Confirmation, Cancellation, and Coupons. While it is our practice to confirm online orders via email, the receipt of an email order confirmation does not constitute our acceptance of an order nor our confirmation of an offer to sell a product or service. We reserve the right to limit the order quantity on any product and/or to refuse fulfillment of any order or to any customer.
- Product Disclaimer
Sparq Creations takes pride in its unique designs and products. While we may draw inspiration from various sources, our candles are original creations that do not intend to copy or infringe upon the intellectual property rights of any other entity. We do incorporate elements that are “inspired by” certain themes, designs, or scents, which may occasionally bear a resemblance to other brands. Any resemblance to other brands stems from our admiration for their craftsmanship and creativity. - Proprietary Rights
The Services and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and music (the “Sparq Content”), and all intellectual property rights related thereto, are the exclusive property of Sparq Creations and its licensors.
- Payment
Sparq Creations uses a third-party payment processor to handle credit card transactions. The processing of payments will be subject to the terms, conditions, and privacy policies of the Payment Processor in addition to these Terms. By utilizing the Services, you agree to pay us, through the Payment Processor, in accordance with the applicable payment terms.
- Refund Policy
a. All of our products are carefully inspected before they are shipped. We do offer a full refund, less shipping and handling, within 7 days of delivery if the candle was unused. The customer is responsible for paying return shipping charges.b. We will replace or refund products damaged during shipment if photographic proof of damage is submitted to us within three (3) days of delivery.
c. We offer free replacements for any incorrect items received or items that are defective. To be eligible for a free replacement, you must notify us of the incorrect or defective item within seven (7) days of delivery.
d. Additional items ineligible for refund:
• Sale Items (including items purchased with a Discount Code)
• Gift Cards
• Items returned more than 7 days after delivery
• Lost or stolen items
• Any item that has been used or is not in its original condition, is damaged, or missing parts for reasons not due to our errore. Once your return is received and inspected, we will send you an email to notify you of the approval or rejection of your refund.
f. If you are approved, then your refund will be processed, less the return shipping fees, and a credit will automatically be applied to your original method of payment within 3-10 business days, depending on your bank institution.
g. To request to return your product(s), please email us and we will provide you with more information on where to ship your product and how to complete your return. You will be responsible for paying the shipping costs for returning your item.
- Privacy
Sparq Creations’s privacy practices are governed by Sparq Creations’s privacy policy. The Privacy Policy does not cover the information practices exercised by any third parties that Sparq Creations does not own or control.
- Security
We take commercially reasonable administrative, physical, and electronic measures designed to safeguard and protect the Services, content, materials, and data therein from unauthorized access, use, modification, deletion, and/or disclosure.
- Third-Party Links and Information
The Services may contain links to third-party materials that are not owned or controlled by Sparq Creations. Sparq Creations does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services.
- Indemnification
You agree to defend, indemnify, and hold harmless Sparq Creations from all claims, demands, losses, liabilities, costs, expenses, obligations, and damages of every kind and nature.
- No Warranty
a. The Services are provided on an “as is” and “as available” basis. Sparq Creations does not warrant that the content is accurate, reliable, or correct; that the Services will meet your requirements; that the Services will be uninterrupted or secure; that any defects or errors will be corrected; or that the Services are free of viruses or other harmful components.b. Sparq Creations may change, suspend, or discontinue the services in whole or in part at any time for any reason without notice or cost. You agree that Sparq Creations may place advertisements on the services and those advertisements are subject to change.
c. If you are dissatisfied with the services and/or products purchased through our store, your only recourse is to discontinue its or their use.
- Limitation of Liability
a. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE CANADIAN LAW, UNDER NO CIRCUMSTANCES SHALL SPARQ CREATIONS, ITS AFFILIATES, AGENTS, DIRECTORS, OR EMPLOYEES BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, WHETHER ARISING FROM BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF SPARQ CREATIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
b. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE CANADIAN LAW, SPARQ CREATIONS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICES OR PRODUCTS; (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN; (IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (V) BUGS, VIRUSES, TROJAN HORSES, OR SIMILAR ISSUES THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; AND/OR (VII) DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. UNDER NO CIRCUMSTANCES SHALL SPARQ CREATIONS, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO SPARQ CREATIONS HEREUNDER OR $100.00, WHICHEVER IS GREATER.
c. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT PROVIDES YOU WITH SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM PROVINCE TO PROVINCE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE CANADIAN LAW.
- Law and Dispute Resolution
a. We strongly encourage you to contact us first to seek a resolution of any dispute or claim by emailing support@sparqcreations.com. You and Sparq Creations agree that any and all disputes or claims that have or may arise between you and Sparq Creations shall be resolved without the use of court. - Termination
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
- Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
- Changes to Terms of Service
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
These Terms were last updated on January 26, 2024.
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Most orders ship within 2-7 business days.
