Website Terms and Conditions
1 The contract between us
We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Once payment has been received by us we will confirm that your order has been accepted by sending an email to you at the email address you provide when you place your order. Our acceptance of your order brings into existence a legally binding contract between us.
2.1 The images of the goods on the website are for illustrative purposes only. Although we have made every effort to display the images accurately, we cannot guarantee that your computer’s or device’s display accurately reflect the goods. The goods you receive may vary slightly from those images in small details due to them being handmade (and availability of materials). Please be aware that colour values may differ according to your monitor/screen.
2.2 Our goods contain small pieces that may become loose or detached and are not guaranteed colour fast. Our goods should only be used for the purposes for which they were designed. Our goods are not suitable for children
3.1 The prices payable for non-custom goods that you order are as set out in our website and in our Etsy shop.
3.2 We are unable to display prices for custom items in our website as these items are individual to each order. You will be informed of the price of custom items before you place your order.
3.3 You will be required to pay extra for delivery and it might not be possible for us to deliver to some locations. Our delivery charges are set out in our website.
4 Right for you to cancel your contract
4.1 You may cancel your contract with us for the goods you order at any time up to the end of the fourteenth working day from the date you receive the ordered goods. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty. However, this does not apply to items which we have made, personalised or customised specifically for you.
4.2 To cancel your contract you must notify us by email: email@example.com (there is no ‘e’ on the end of ‘sparkl’).
4.3 If you have received the goods before you cancel your contract then you must send the goods back to our contact address at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.
4.4 Once you have notified us that you are cancelling your contract, any sum debited to us from your credit card will be re-credited to your account as soon as possible and in any event within 30 days of your order PROVIDED THAT the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.
4.5 We may be unable to re-sell custom items as they are individual to each order and therefore we may not be able to accept returns if you have a change of mind.
5 Cancellation by us
5.1 We reserve the right to cancel the contract between us if:
5.1.1 we have insufficient stock to deliver the goods you have ordered;
5.1.2 we do not deliver to your area; or
5.1.3 one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
5.2 If we do cancel your contract we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
6 Delivery of goods to you
6.1 We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order.
6.2 Delivery will be made as soon as possible after your order is accepted and in any event within 30 days of your order.
6.3 You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
7.1 If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing by email of the problem within 10 working days of the delivery of the goods in question.
7.2 If you do not receive goods ordered by you within 30 days of the date on which you ordered them, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 40 days of the date on which you ordered the goods.
If you notify a problem to us under this condition, our only obligation will be, at your option:
7.2.1 to make good any shortage or non-delivery;
7.2.2 to replace or repair any goods that are damaged or defective; or
7.2.3 to refund to you the amount paid by you for the goods in question in whatever way we choose.
7.3 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 6.2(c) above.
7.4 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
7.5 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to us by email and all notices from us to you will be displayed on our website from to time.
9 Events beyond our control
We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
10 Intellectual Property
10.1 Unless otherwise stated, we are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
10.2 Permission is granted to electronically copy and to print in hard copy portions of this website for the sole purpose of placing an order with us. Any other use of materials on this website without our prior written permission is strictly prohibited.
11.1 We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.
11.2 You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
14 Third party rights
Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
15 Links to other websites
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources.
16 Governing law
The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.
17 Entire agreement
THE SHORT VERSION:
The only information I keep about you is your order details, name and address and email address. I do not use analytics on my website. I will not put you on a mailing list unless you request it.
This website is hosted by Weebly who gave me the following answer about user privacy when I contacted them:
“Apart from the information they submit via the contact form the only other thing we track is the commentor’s IP address, which we make visible to you via the website editor. […]
We don’t do anything else with the information submitted. We do not contact them, sell their information, or anything like that. What they submit is used only by you, as you see fit!”
Please be aware that other sites that this site links to, such as Etsy and Instagram, will have their own Privacy policies.
THE LONG VERSION:
1.1 Sparkle Malarkey ("We") are committed to protecting and respecting your privacy.
1.2 This policy (together with our Website Terms and Conditions and any other documents referred to on it) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. By visiting www.sparklemalarkey.co.uk you are accepting and consenting to the practices described in this policy.
1.3 For the purpose of the Data Protection Act 1998 (the Act), the data controller is Sparkle Malarkey of 72 Fountains Cresecent, London N14 6BE.
2 Information We May Collect From You
2.1 We may collect and process the following data about you:
2.1.1 Information you give us. You may give us information about you by corresponding with us by phone, e-mail or otherwise. This includes information you provide when you place an order and when you report a problem with our site. The information you give us may include your name, address, e-mail address and phone number, financial and credit card information.
2.1.2 Information we collect about you. With regard to each of your visits to our site we (and/or our website host Weebly) may automatically collect technical information, including the Internet protocol (IP) address used to connect your computer to the Internet.
3 Uses Made of the Information
3.1 We use information held about you in the following ways:
3.1.1 Information you give to us. We will use this information to carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, goods and services that you request from us.
3.1.2 Information we collect about you. We will use this information to administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes; to improve our site to ensure that content is presented in the most effective manner for you and for your computer; as part of our efforts to keep our site safe and secure; and to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you.
4 Disclosure of your Information
4.1 We may share your information with selected third parties including:
4.1.1 Analytics and search engine providers that assist us in the improvement and optimisation of our site.
4.2 We may disclose your personal information to third parties:
4.2.1 If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our Website Terms and Conditions and other agreements; or to protect the rights, property, or safety of Sparkle Malarkey, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
5 Where We Store Your Personal Data
5.2 Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
6 Your Rights
6.1 You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can also exercise the right at any time by contacting us at by email at firstname.lastname@example.org (there is no ‘e’ on the end of ‘sparkl’).
6.2 Our site may, from time to time, contain links to and from other websites (such as Etsy and Instagram). If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
7 Access to Information
The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.