Terms and Conditions and Absolute No Return/Refund Policy
Welcome to shop.sparkypos.com
These Terms and Conditions ("Terms") govern your access to and use of the shop.sparkypos.com website ("Website"), including any content, functionality, and services offered on or through the Website. By accessing or using the Website, you accept and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not access or use the Website.
1. Acceptance of Terms
By using this Website, you affirm that you are of legal age to form a binding contract with shop.sparkypos.com. These Terms constitute a legally binding agreement between you and shop.sparkypos.com. You agree to review these Terms periodically to be aware of any changes.
2. Use of the Website
You agree to use the Website only for lawful purposes and in accordance with these Terms. You agree not to use the Website:
In any way that violates any applicable federal, state, local, or international law or regulation.
To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," or "spam" or any other similar solicitation.
To impersonate or attempt to impersonate shop.sparkypos.com, a shop.sparkypos.com employee, another user, or any other person or entity.
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm shop.sparkypos.com or users of the Website or expose them to liability.
3. Intellectual Property
The Website and its entire original content, features, and functionality (including but not limited to all information, software, text, displays, images, video, and the design, selection, and arrangement thereof) are owned by shop.sparkypos.com and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
You must not modify copies of any materials from this Website, delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
4. Product Information and Sales
All products sold on shop.sparkypos.com are subject to availability. We reserve the right to discontinue any product at any time. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us.
5. Payment Terms
You agree to pay for all products you purchase through the Website. You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
6. Shipping and Delivery
Shipping costs and estimated delivery times will be displayed during the checkout process. While we strive to meet estimated delivery times, shop.sparkypos.com is not responsible for delays caused by shipping carriers, customs, or unforeseen events. Risk of loss and title for all products ordered on this Website pass to you when the order is shipped by shop.sparkypos.com.
7. ABSOLUTE NO RETURN, REFUND, OR EXCHANGE POLICY
Effective immediately and applicable to all purchases made through shop.sparkypos.com:
shop.sparkypos.com operates under an ABSOLUTE NO RETURN, NO REFUND, AND NO EXCHANGE POLICY. ALL SALES ARE FINAL.
By completing a purchase on this Website, you acknowledge and agree that you will not be able to return any product(s) purchased, request a refund for any reason, or exchange any product(s) for an alternative. This policy is strictly enforced.
This policy is in place due to the nature of the products sold and to ensure the integrity, safety, and hygiene standards of our inventory. Therefore, please ensure you have made your selections carefully before completing your purchase. We strongly encourage customers to review product descriptions, specifications, and any available images thoroughly prior to ordering.
Exceptions:
The only potential exceptions to this policy are those mandated by applicable consumer protection laws that cannot be waived by contract. If a product is received by you in a demonstrably defective condition (not due to shipping damage, which is covered under Section 6) or if there is a gross error in the product description that fundamentally alters the nature of the product, you must notify us in writing within forty-eight (48) hours of receiving the product. Any claim will be reviewed on a case-by-case basis, and shop.sparkypos.com reserves the right to determine, in its sole discretion, the validity of such a claim and the appropriate resolution, which may include, but is not limited to, a replacement of the defective item if deemed appropriate, or store credit. No refunds will be issued.
Please note that minor variations in color, texture, or appearance, which do not fundamentally alter the product, are not considered defects and are not eligible for return, refund, or exchange.
8. Disclaimers
THE PRODUCTS AND SERVICES OFFERED ON THIS WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. shop.sparkypos.com HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
shop.sparkypos.com DOES NOT WARRANT THAT THE WEBSITE, ITS SERVERS, OR EMAIL SENT FROM shop.sparkypos.com ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
9. Limitation of Liability
IN NO EVENT SHALL shop.sparkypos.com, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
10. Indemnification
You agree to defend, indemnify, and hold harmless shop.sparkypos.com, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services, and products other than as expressly authorized in these Terms.
11. Governing Law and Jurisdiction
All matters relating to the Website and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of [Insert State/Country Here, e.g., California, USA] without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Website shall be instituted exclusively in the federal or state courts located in [Insert County and State Here, e.g., Los Angeles County, California]. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
12. Changes to These Terms
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
13. Contact Us
If you have any questions about these Terms, please contact us at: support@sparkypos.com
