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Terms of Service

PLEASE READ THE FOLLOWING TERMS OF USE AGREEMENT CAREFULLY. By accessing or using our sites and services, you hereby agree to be bound by the terms and all terms incorporated herein by reference. If you do not expressly agree to all of the terms and conditions, then please do not access or use our sites or our services.

In order to enjoy all the benefits of the Site, you must register and become a member. You may visit the Site without registering. All users of this Site agree that access to and use of this Site is subject to the following terms and conditions and other applicable law.

You agree that by using this Site and registering for membership, you are at least 18 years of age, or visiting under the supervision of a parent or guardian, and legally able to enter into a contract.

It is your responsibility to review these Terms of Service periodically. We may revise these Terms of Service at any time without notice to you. If you do not agree to these terms and conditions, please do not use this Site.

Website

We grant you a limited license to access and use the Site for your personal use, and to copy, distribute and transmit the content of this Site only to the extent that such copying, distribution and transmission is automatically done through your browser software incidentally to using the Site for your personal use. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings or descriptions; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots or data gathering and extraction tools.

Except as permitted above, this Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without express written consent of WonderSpark. You may not use any meta tags or any other "hidden text" utilizing WonderSpark’s name or trademarks without the express written consent of WonderSpark. Any unauthorized use terminates the permission or license granted by WonderSpark.

We reserve the right to change any information, features and functions of the Site without prior notice. We may refuse service, cancel orders, terminate accounts and/or deny access to any or all parts of this Site if you engage in any conduct or activities that we determine, in our sole discretion, violate these Terms of Service, our rights or the rights of any third party. Use of the Site for any illegal or unauthorized purpose is strictly prohibited. We reserve the right to cancel orders due to suspected fraudulent activity in our sole discretion. The sale or linking of our products on or to any third party e-commerce Site, marketplace or mobile application without our specific written consent is prohibited.

Registration and Membership

To register and become a member of our Site, use your valid email address and create a password to register your profile. Each time you use your password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with these Terms of Service and WonderSpark has no obligation to investigate the authorization or source of any such access or use of the Site.

YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING YOUR PASSWORD AND IDENTIFICATION WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING, WITHOUT LIMITATION, FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.

You are solely responsible for protecting the security and confidentiality of your password and identification. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security.

At the time of your first order, you will provide shipping and payment information. You agree that we may update your payment information with information your bank or credit card issuer may supply, or other information available to us. All such personal information is subject to our Privacy Policy, which is hereby incorporated into these Terms of Service.

As a member, you agree to receive emails promoting any special offer(s), including third party offers. We may also send you our newsletter from time to time.

To cancel your account membership, please email us here Monday - Friday 8AM - 5PM EST.

Billing and Payments

We accept PayPal payment as well as the following credit or debit cards: Visa, MasterCard, American Express and Discover. For your convenience, we will save your credit or debit card information.

You may be charged local taxes (Wyoming, WY and Georgia, GA), if applicable. If your payment method is declined, we will attempt to process your charge until the transaction is approved. If we are unable to complete the transaction, WonderSpark Customer Care may contact you directly to update your account information.

We are not responsible for any fees or charges that your bank or credit card issuer may apply. If your bank or credit card issuer reverses a charge to your credit card, we may bill your account directly and seek payment by another method including a mailed statement.

The risk of loss and title for items purchased by you passes to you upon our delivery of the items to the carrier. Replacement of products and credits to your account for shipped merchandise claimed as not received are subject to our investigation, which may include postal-service notification. We will adjust your account at our discretion.

If you would like to exchange or return a product, please contact WonderSpark Customer Care using this Contact Form Monday - Friday 8AM - 5PM EST.

Returns are accepted within 90 days of you receiving the product and they are subject to our 90-day Money-back Guarantee and Return Policy. You are required to return your order at your own expense in order to receive full refund, minus the shipping fee ($3.99 for free shipping order), gift wrap, or other charges.

We do not accept product exchange. You are required to place a new order and return the product that you no longer want. For more information, please check out our Exchange Policy.

Warranty Disclaimer

EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED, THE SITE AND THE PRODUCTS OFFERED ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND, UNLESS SPECIFICALLY SET FORTH OTHERWISE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WONDERSPARK DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WONDERSPARK DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WONDERSPARK DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS ON WARRANTIES SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

WONDERSPARK SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR MATERIALS ON THE SITE, EVEN IF WONDERSPARK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Typographical Errors

In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we have the right to refuse or cancel any orders placed for product listed at the incorrect price, whether or not the order has been confirmed and your bank or credit card charged. If your bank or credit card has already been charged for the purchase and your order is cancelled, we will immediately issue a credit to your bank or credit card account in the amount of the charge.

Copyright

The technology underlying, and the entire contents of the site, including but not limited to text, graphics, images, audio clips, digital downloads, data compilation or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of WonderSpark and is protected by copyright and other intellectual property or proprietary rights. The collective work includes works that are licensed to WonderSpark.

Trademarks

All trademarks, service marks, and trade names of WonderSpark on the site are trademarks or registered trademarks of WonderSpark, or of their respective owners.

Indemnification

You agree to indemnify, defend, and hold harmless WonderSpark, its officers, directors, employees, agents, licensors and suppliers from and against all losses, liabilities, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions, or any activity related to use of the site (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Privacy

Registration data and certain other information about you are subject to our Privacy Policy. You understand that the technical processing and transmission of this site may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. For more information, see our privacy policy at www.WonderSparkJewelry.com/pages/privacy-policy.

Third-Party Links

The Site may link to websites operated by third parties. WonderSpark has no control over these linked sites, all of which have separate privacy and data collection practices, independent of WonderSpark. WonderSpark is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any website accessed from a Third Party Site or any changes or updates to such sites. These linked sites are only for your convenience and therefore you access them at your own risk. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that WonderSpark is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.

Miscellaneous

Your use of the site shall be governed in all respects by the laws of the state of Wyoming, U.S.A., without regard to choice of law provisions.

Law and Jurisdiction

If a dispute arises between you and WonderSpark, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

Contracts for the purchase of Products through our Site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) must be resolved by a court located in the State of Wyoming. Any dispute or claim arising out of or in connection with Agreement or its formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of the State of Wyoming.

Termination

These Terms of Service are applicable to you upon your accessing this Site. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification, Arbitration and Miscellaneous, shall survive any termination of these Terms of Service.


Last Update: May 3, 2019




 

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