Terms & Conditions
SALES TERMS & CONDITIONS
In these Sales Terms and Conditions (Sales Terms) "we", "us" or "our" mean Sparkle Fitness, LLC trading as Sparkle Fitness its successors and assignees, (referred to as " we", "us" or "our") and you, the person, organisation or entity that purchases products or related services from us (referred to as "you" or "your"), and collectively the Parties. These Sales Terms apply to all sales made by us to you. These Sales Terms are available at www.SparkleFitness.com (Site).
These Sales Terms form the agreement under which we will supply products and related services to you. Please read these Sales Terms carefully. If you have any questions, please contact us using the contact details below, before you purchase products or related services from us.
You accept our Sales Terms by making a purchase from us. Your purchase from us indicates that you have had sufficient opportunity to access these Sales Terms and contact us, that you have read, accepted and will comply with these Sales Terms, and that you are 18 years or older, or have the consent of a legal guardian who is 18 years or older. You must not order products or services from us if you are under 18 years of age or do not have the consent of a legal guardian who is 18 years or older. If you do not agree to these Sales Terms, you should not purchase from us.
Products, Services and Orders:
- You may order from us as set out on the Site. We may at our discretion accept or reject an order depending on factors including availability of products or services and our ability to validate payment for the products or services.
- It is your responsibility to check the order details, including product/service and pricing, before you complete your order on the Site.
- We will provide you with order details, which may include an order number, an order ID, the shipping and billing addresses and a description of what was ordered, when you order and pay on the Site and your payment has been validated.
- A binding agreement comes into existence between you and us once we have given you an order number. No changes to these Sales Terms will be effective unless we both agree to the changes in writing.
- You can cancel your order at any time prior to placing your order.
- The products and services are sold to you for your personal use only, and you agree not to on-sell or resell the products or services to any third party without our written consent.
Price and Payments:
- You agree to pay the purchase price specified on the Site at the time that you place your order for the purchase of a product/service, plus any applicable delivery and insurance charges based on the delivery options selected by you. All amounts are stated in US dollars. Any delivery and insurance charges will be separately shown.
- You must pay for the product or services by one of the methods set out on the Site. Your payment will be processed upon receipt of your order. You must not pay, or attempt to pay, for an order through any fraudulent or unlawful means. If your payment is not able to be successfully processed then your order may be cancelled.
Availability and Cancellation:
- All purchases made with us are subject to availability. We do our best to keep in stock most products, ensure that services supplied by us are made readily available to you, and to keep the Site up to date with availability of products or services.
- If there is a considerable delay in dispatching your order or supplying services to you, or if for any reason we cannot supply a product or service you have ordered, we will contact you using the contact details provided by you when you placed the order. You can choose a refund, store credit or to put your order on backorder. If you choose a refund or store credit, any delivery costs you have paid for the product will be refunded to you. If you choose to put your order on backorder, we will contact you to arrange for supply/delivery once the product or service is available (as the case may be).
- Location: We deliver Worldwide, however, please refer to the delivery information on the Site to check that you are in our delivery area. If you are not in our delivery area please contact us to discuss delivery options.
- Cost: The cost of delivery will be as set out on the Site, and will not be refundable. The delivery costs are transport costs only, and does not cover import or customs duties, levies, taxes or liabilities of any kind that may apply in any destination country. We do not accept, and expressly exclude, any liability for any delays, duties, taxes or levies that may apply in any destination country, or if the products are rejected for any reasons whatsoever at the destination country, and will not accept any return, refund or cancellation due to any such delay, duty, tax, levy or rejection.
- Timing: We will normally dispatch the product within 72 hours (on business days in Minneapolis, Minnesota) of receipt of your order, unless otherwise noted on the Site. Any delivery periods displayed on the Site are estimates only, based on the information provided by the delivery company. We will deliver the product to the place of delivery you specify when making your order. It is your responsibility to track the delivery of the products, and we will not be responsible if you are not notified by your country’s postal authority that items are awaiting payment of any applicable import or customs duties, taxes, levies or other liabilities.
- Change: If you need to change a delivery date or the delivery address, please contact us as soon as possible to see if this is possible. If you are not available to take delivery on the agreed delivery date, you may be charged a delivery fee for each additional attempt for delivery. It is your responsibility to organise to pick up your order from your local post office, or contact the courier company to arrange another delivery date and time.
- Method: We may deliver the products via a range of delivery methods. All deliveries must be signed for. If neither you nor your authorised representative is at the delivery address to accept delivery, the delivery company will generally deliver the product to your nearest post office.
- Title and Risk: Title in the products will not pass to you until the later of delivery (either at your delivery address or nearest post office), or your payment has been processed or otherwise received by us. Risk of loss, damage or deterioration to any products will pass to you once the product is delivered to the address you provide.
- Discount Codes and Promotions: We may from time to time offer promotional discount codes, which may be applicable to products or services on the Site, and must be entered at the time of submitting your order. The conditions of use relating to any discount code will be specified at the time that it is issued.
Intellectual Property Rights
- Intellectual Property Rights mean all present and future rights in or to any patent, copyright, database rights, registered design or other design right, utility model, trade mark (whether registered or not and including any rights in get up or trade dress), brand name, service mark, trade name, eligible layout right, chip topography right and any other rights of a proprietary nature in or to the results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields, whether registrable or not, including all renewals, extensions and revivals of, and all rights to apply for, any of the foregoing rights (Intellectual Property Rights).
- We own all Intellectual Property Rights in the Site, business, products, services and branding, as between us and you. The products contain material which is owned by or licensed to us and is protected by Australian and international laws (Materials). We own the copyright which subsists in all creative and literary works incorporated into our Materials.
- You must not breach our Intellectual Property Rights by, including but not limited to altering or modifying any of the Materials, creating derivative works from the Materials or using our Materials for commercial purposes such as onsale to third parties
- Warranties: Except for your Statutory Rights, all products and services are provided to you without warranties of any kind, either express or implied, and we expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose.
- Repair, replacement or a refund: If you wish to seek repair, resupply, replacement or a refund for a product or service, please contact us and we will explain the requirements to you. This may include you providing proof of purchase and evidence of the faulty product to us. Please note that products marked SAMPLE are discounted because of known faults and you buy at your own risk. SAMPLE products are NOT eligible for return.
Exchange and Refunds Policy (excludes SAMPLE products and swim bottoms): We offer exchanges and/or refunds only where the products:
- are faulty (other than where the fault is caused by you) or are misdescribed by us (as determined by us in our sole discretion); or
- are the incorrect size (and we are unable to offer an exchange for the correct size).
- Packaging: You must adequately package any product you are returning for our collection to ensure that it is not damaged during return delivery to our warehouse.
- Duty of care: You have a duty of care for the product while it is in your possession. If you damage products, then subsequently return the products, you may be liable to pay to repair the product to its original condition. In these circumstances, where a repair is not economically viable, no refund will be made.
- Change of mind: We do not accept returns for change of mind or circumstances.
Limitation of Liability and Disclaimers:
- While the information and material contained on the Site is believed to be accurate and current, it is provided by us in good faith on an "as is" basis, and we and our directors, officers, employees, contractors and agents accept no responsibility for and make no representations or warranties to you or to any other person as to the reliability, accuracy or completeness of the information contained on the Site.
- To the extent permitted by law, we exclude all conditions and warranties, except for your Statutory Rights including but not limited to:
- we expressly disclaim any implied or express guarantees, representations or conditions of any kind, which are not stated in these Sales Terms;
- we take no responsibility for, and will not be liable for the Site or the products or services being unavailable; and
- we will not be liable for any loss, damage, injury, death, costs including legal costs, or expense whether direct, indirect, incidental, special, consequential and/or incidental, including loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, loss of programs or other data on your information systems or costs of replacement goods, or otherwise, suffered by you or claims made against you, arising out of or in connection with the Site, inability to access or use the Site, the products, the services, the late supply of products or services, or these Sales Terms, even if we were expressly advised of the likelihood of such loss or damage.
- To the extent permitted by law, our total liability arising out of or in connection with the products, the services or these Sales Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the total price paid by you for the purchase of products and/or services under these Sales Terms.
- This clause will survive termination of these Sales Terms.
- Indemnity: You indemnify us from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) resulting from your breach of these Sales Terms. You agree to co-operate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of our products or services including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information you have given us. The obligations under this clause will survive termination of these Sales Terms.
- For questions and notices, please contact us at:
Sparkle Fitness, LLC
Last update: 12/28/2020