Terms of service
OVERVIEW
Welcome to Sparkky.eu! The terms “we”, “us” and “our” refer to Sparkky.eu. Sparkky.eu operates this store and website, including all related information, content, products, and services, to provide you with a curated shopping experience (the “Services”). Sparkky.eu is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with, or otherwise using our Services, you agree to be bound by these Terms of Service and, our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and that you have given consent for any of your minor dependents to use the Services on devices you own, purchase, or manage.
To use the Services, including accessing or browsing our online store or purchasing any of the products we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our store is correct, current, and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products in our online store. However, product colours or appearance may vary due to your device settings. Such variations do not affect functionality and do not limit your EU statutory rights regarding product conformity. The product images on Sparkky.eu are for illustrative purposes only. All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Sparkky.eu reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Sparkky.eu confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as Sparkky.eu may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the email, billing address, and/or phone number provided at the time the order was made.
EU consumers have the right to withdraw from the contract within 14 days after receiving the goods, without giving any reason, in accordance with Directive 2011/83/EU. Your purchases are subject to return or exchange in accordance with our Refund Policy.
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.
SECTION 4 - PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs, or import charges.
Prices posted in our online store may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address, credit card numbers and expiry dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.
SECTION 5 - SHIPPING AND DELIVERY
Delivery times are estimates and not guaranteed. Unless otherwise agreed, we will deliver the goods within 30 days as required by Article 18 of Directive 2011/83/EU. Delays may occur due to carriers, customs, or circumstances outside our control. For EU consumers, the risk of loss or damage to goods passes to you only when you (or a third party designated by you) physically receive the goods, in accordance with EU Directive 2011/83/EU. If you choose your own carrier (not one offered by us), the risk transfers when the goods are handed over to that carrier.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Sparkky.eu, its affiliates or licensors and are protected by EU and foreign patent, copyright and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of Sparkky.eu, Shopify or any third party. Unauthorized use of the Services may be a violation of applicable intellectual property laws. All rights not expressly granted herein are reserved by Sparkky.eu.
Sparkky’s names, logos, product and service names, designs, and slogans are trademarks of Sparkky.eu or its affiliates or licensors. You must not use such trademarks without the prior written permission of Sparkky.eu. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
SECTION 7 - OPTIONAL TOOLS
You may be provided with access to tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk.
We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
Sparkky.eu 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 Sparkky.eu. Shopify provides the technical platform used to host the store. All sales contracts are concluded solely between you and Sparkky.eu. Nothing in this section restricts your statutory rights or any rights you may have under applicable law. Shopify is not a party to your purchase contract. Nothing in this section affects your statutory rights under EU or Lithuanian law.
SECTION 10 - PRIVACY POLICY
For the purposes of the GDPR, Sparkky.eu is the data controller and Shopify acts as a data processor on our behalf when processing customer data. Where personal data is transferred outside the EEA, Shopify and its subprocessors rely on appropriate safeguards such as the Standard Contractual Clauses. All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here, and certain personal information may be subject to Shopify’s Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review our privacy policy for more details on how we, Shopify, and our partners use your personal information.
SECTION 11 - FEEDBACK
If you submit reviews, comments, photos, suggestions, or other content (“Feedback”), you grant us a non-exclusive, worldwide, royalty-free license to use, display, reproduce, and share such Feedback for the purpose of operating, promoting, and improving our products and Services.
This license does not permit us to sell your Feedback to third parties or use it in ways incompatible with data-protection laws.
You confirm that your Feedback:
- is your own or you have the rights to provide it;
- does not infringe third-party rights;
- does not contain unlawful, harmful, or misleading content;
- does not come from a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback.
We may remove Feedback that violates these Terms or applicable law.
Nothing in this section limits your statutory consumer rights or your rights under the GDPR, including the right to request removal of personal data or to withdraw consent where applicable.
Where Feedback contains personal data, this license applies only insofar as permitted by the GDPR and does not limit your rights to request deletion, correction, or restriction of such personal data.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on the Services that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).
SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Sparkky.eu, Shopify or users of the Services, or expose them to liability.
In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape; or (e) interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.
SECTION 14 - TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
SECTION 15 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
We aim to provide accurate product information and high-quality goods.
Nothing in these Terms excludes or limits the statutory rights of EU consumers. Products delivered to EU consumers are therefore covered by a legal guarantee that the goods will:
- conform to the description,
- be fit for their normal purpose,
- and possess the quality and performance that is normal for goods of the same type.
EU consumers benefit from a minimum 2-year legal guarantee for goods, as required by EU and Lithuanian law. The Services are otherwise provided “as is” and “as available,” but only to the extent permitted by applicable law and without affecting your statutory consumer rights.
SECTION 16 - LIMITATION OF LIABILITY
To the fullest extent permitted by law, we are not liable for any loss or damage that is not reasonably foreseeable when you use our products or services.
Nothing in these Terms limits or excludes any liability that cannot be limited under applicable consumer protection law.
This includes any mandatory rights relating to defective products or liability arising from negligence to the extent such liability cannot be excluded by law.
SECTION 17 - INDEMNIFICATION
You are responsible for any losses or damages we directly suffer as a result of your intentional misuse of the Services or your intentional breach of these Terms. This does not apply to normal or expected use of the Services by consumers and does not limit your statutory rights.
Nothing in these Terms requires consumers to indemnify Sparkky.eu for claims brought by third parties or for general use of the Services, as such terms are not enforceable under EU consumer law.
We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.
SECTION 18 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 19 - WAIVER; 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 of the Services constitutes the entire agreement and understanding between you and us and governs 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).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 20 - ASSIGNMENT
You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.
SECTION 21 - GOVERNING LAW
These Terms and any matters not covered by these Terms shall be governed by the laws of the Republic of Lithuania. Mandatory EU consumer-protection laws apply regardless of the governing-law clause.
If goods purchased by a consumer do not conform to the contract, the buyer has the statutory rights set out in Article 6.364(1) of the Civil Code of the Republic of Lithuania, including the right to demand repair or replacement, a proportional price reduction, or to terminate the contract and receive a refund, where the legal conditions are met.
Nothing in these Terms limits or excludes your statutory consumer rights under EU or Lithuanian law.
SECTION 22 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 23 - CHANGES TO TERMS OF SERVICE
We may update or modify these Terms of Service when necessary, including to reflect changes in our business or legal requirements. It is your responsibility to review the Terms periodically.
When required by law, we will notify users of material changes.
Changes to the Terms will apply prospectively only and will not affect existing contracts for goods already purchased.
If you do not agree to the updated Terms, you should discontinue use of the Services.
SECTION 24 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@sparkky.eu
Our contact information is posted below:
UAB Reklamdariai
info@reklamdariai.lt
Pulko g. 6, Vilnius, LT-08221 Vilnius
+37065968000
Company code: 304471611
VAT: LT100010758616