Sparkworld Limited

Website Terms and Conditions of Supply

This page (together with the documents expressly referred to on it) tells you information about us and the legal terms and conditions (Terms) on which we sell any of the products (Products) listed on our website (our site) to you.

These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site. You should print a copy of these Terms for future reference.

We amend these Terms from time to time as set out in clause 7. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 15 April 2014. These Terms, and any Contract between us, are only in the English language.

1. INFORMATION ABOUT US

1.1 We operate the website at www.sparkworld.co.uk. We are Sparkworld Limited, a company registered in England and Wales under company number 01895421 and with our registered office at 9 Battle Road, Heathfield Industrial Estate, Heathfield, Newton Abbot, Devon TQ12 6RY. Our VAT number is 430332892.

1.2 Our telephone number is 01626 834666. Our fax number is 01626 837899. Our email address is sales@sparkworld.co.uk.

1.3 To contact us, please see our Contact Us page.

2. OUR PRODUCTS

2.1 The images and pictures of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colours of the Products. The packaging of the Products may vary from that shown on images on our site.

2.2 We may include a description of the Products on our site and this information is taken from the manufacturers brochures. Please note that the size of Products may vary slightly from the description given on our site but these variations will never exceed more than 2% of the stated size.

2.3 All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Products ordered are not available and we will not process your order if made.

2.4 Please note that the Products purchased on our site must only be used for domestic (not commercial) purposes. The Products must not be installed in outbuildings, unless otherwise confirmed in writing. Any use or installation of the Products in contravention of this clause 2.4 may invalidate the manufacturers guarantee.

2.5 We provide a free of charge, one-for-one electrical appliance take back services if you have ordered an electrical Product. If you would like to use this service, please ensure that your old electrical appliance is disconnected from all water, electrical and/or gas supplies and are made available outside the delivery address for collection on the date of delivery. All refrigeration appliances must be free of ice and water.

3. HOW WE USE YOUR PERSONAL INFORMATION

We only use your personal information in accordance our Privacy Policy. Please take the time to read these, as they include important terms which apply to you.

4. IF YOU ARE A CONSUMER

4.1 If you are a consumer, you may only purchase Products if you are at least 18 years old.

4.2 Certain Products on our site, such as knives, can only be purchased if you satisfy the legal age requirements. We are not allowed by law to supply these Products to you if you do not satisfy these age requirements. If you are underage, please do not attempt to order these Products.

4.3 We intend to rely upon these Terms and any document expressly referred to in them in relation to the Contract between you and us. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these Terms to be confirmed in writing.

4.4 As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau.

5. IF YOU ARE A BUSINESS CUSTOMER

5.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.

5.2 These Terms and any document expressly referred to in them constitute the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these Terms or any document expressly referred to in them.

6. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

6.1 For the steps you need to take to place an order on our site, please see our How To Shop Online page.

6.2 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process.

6.3 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 6.4.

6.4 We will confirm our acceptance to you by sending you an e-mail (Order Confirmation) or invoice, whichever is earlier. The Contract between us will only be formed when we send you the Order Confirmation or invoice.

6.5 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our site as referred to in clause 11.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.

7. OUR RIGHT TO VARY THESE TERMS

7.1 We may revise these Terms from time to time if there are changes in how we accept payment from you or if there are changes in relevant laws and regulatory requirements.

7.2 Every time you order Products from us, the Terms in force at that time will apply to the Contract.

7.3 Whenever we revise these Terms in accordance with this clause 7, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.

8. YOUR CANCELLATION AND REFUND RIGHTS IF YOU ARE A CONSUMER

8.1 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 8.3. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your right to cancel is available from your local Citizens' Advice Bureau. Please note that this right to cancel only applies to consumers ordering Products online and if you have purchased goods in our showroom or are a business or trade customer this right to cancel does not apply.

8.2 However, this cancellation right does not apply in the case of any custom-made products, such as range cookers that are made in a specific colour pursuant to your request.

8.3 You have the right to cancel the Contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day on which you acquire physical possession of the Products.

8.4 To exercise the right to cancel, you must inform us of your decision to cancel the Contract by sending a clear statement to us in writing by email to sales@sparkworld.co.uk. We suggest that you keep a copy of your notification for your records. You may use the model cancellation form set out in the Schedule, but it is not obligatory.

8.5 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

8.6 If you cancel the Contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).

8.7 We may make a deduction from the reimbursement for loss in value of any Products supplied, if the loss is the result of unnecessary handling by you. We will deliver Products to you in bubble wrap and delivery boxes. Whilst you are permitted to remove this delivery packaging to inspect the Products, in the same way as you would be able to do in a shop, you are not permitted to open the sealed packaging surrounding the Product. If you open the sealed packaging or make any attempt to install the Product we may deduct the loss in value of that Product from the reimbursement. We recommend that you do not install any Product until the 14 day cancellation period has expired.

8.8 We will make the reimbursement without undue delay, and not later than:

  1. 14 days after the day we receive back any Products supplied, or
  2. (if earlier) 14 days after the day you provide evidence that you have returned the Products, or
  3. if no Products were supplied, 14 days after the day on which we are informed about your decision to cancel this contract.

8.9 We will make the reimbursement using the same means of payment as you used for the initial transaction (e.g. the credit card or debit card used by you to pay for the Products), unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the Products back or you have supplied evidence of having sent back the Products, whichever is the earliest.

8.10 If you have returned the Products to us under this clause 8 because they are faulty or mis-described, we will refund the price of a defective Product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us, provided that:

  1. in the case of a defect that is apparent on normal visual inspection, within 5 working days of delivery; and
  2. in the case of a latent defect, within a reasonable time of the latent defect having become apparent. If you have not given notice of any defects in the Products within the relevant time period, it shall be deemed to have accepted the Products.

8.11 If the Products were delivered to you:

  1. we will collect the Products. You must contact us as soon as reasonably practicable and arrange a date and time for us to collect the Products from you. You must ensure that the Products, together with the original packaging, transit packaging and all items and spare parts delivered with the Product are available for collection on the agreed collection date; and
  2. unless the Products are faulty or not as described (in this case, see clause 8.10), you will have to bear the direct costs of returning the Products in accordance with clause 8.11(a). The cost is estimated at a maximum of approximately £50; and
  3. you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.

8.12 As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 8 or these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau.

9. DELIVERY

In this clause, the term "Graded Products" shall mean manufacturer’s seconds that could include damaged returns and a small percentage of service returns. All graded products are sold with a full manufacturer’s functional guarantee.

9.1 We may sell some Graded Products on our site. Please note that we are only able to deliver Graded Products to addresses located within Cornwall, Devon and Somerset.

9.2 If the Product is in stock, your order will be fulfilled by the estimated delivery date set out in the Order Confirmation or invoice, unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a new estimated delivery date. If your order is not in stock, we will inform you of an estimated delivery date.

9.3 Any dates specified for delivery are estimates only and time for delivery shall not be made of the essence by notice.

9.4 When placing your order on our site, you must inform us of any issues that may affect delivery, including but not limited to:

  1. parking permits;
  2. traffic restricted areas;
  3. width restricted roads;
  4. bus routes;
  5. low bridges;
  6. upper floor with no lift;
  7. gravel driveway;
  8. building work/skips;
  9. steps; and
  10. red routes

9.5 In order to facilitate delivery, you must ensure that:

  1. access to the delivery address is clear and unrestricted; and
  2. there is reasonable access for the safe and prompt delivery of the Products. Any special requirements must be notified to us at the time of placing your order. For the avoidance of doubt, if you have ordered a large Product, such as an American Fridge Freezer, you must measure doorways to ensure that the Product can be delivered without obstruction.

9.6 You will be required to sign a delivery note to confirm delivery of the Products. You must ensure that you have signed for the correct Products and number of Products.

9.7 Delivery will be completed when we deliver the Products to the address you gave us. We recommend that delivery should be to the credit or debit card billing address. If there is a real reason why delivery should be made to an alternative address, please notify us in writing and we may request reasons for your connection with that address. Delivery includes delivery to a ground floor room of your choice, unpacking and removing of packaging.

9.8 Please note that delivery does not include installation or connection of the Products. We recommend that you do not organise fitting or installation until the Products have been delivered and inspected. You must ensure that all manufacturers’ guidelines are complied with when fitting and using the Product. For gas Products, a qualified Gas Safe engineer is required and all appliances will need to be installed by a qualified tradesperson.

9.9 If no one is available at your address to take delivery, we will leave you a note that the Products have been returned to our premises, in which case, please contact us to rearrange delivery.

9.10 If you fail to accept delivery of the Products, are not available to sign a delivery note or we are unable to deliver the Products due to your error or obstruction:

  1. risk in the Products shall pass to you; and
  2. we shall store the Products until delivery takes place, and charge you for all related costs and expenses (including insurance).

9.11 Subject to clause 9.10(a), the Products will be your responsibility and must be appropriately cared for from the completion of delivery.

9.12 You own the Products once we have received payment in full, including all delivery charges.

9.13 We will provide delivery using reasonable care and skill, but if you believe that our employees or agents have not done so or caused damage at the delivery address, you must notify us at the time of delivery.

10. NO INTERNATIONAL DELIVERY

10.1 Unfortunately, we do not delivery to addresses outside mainland UK.

10.2 You may place an order for Products from outside the UK, but this order must be for delivery to an address in mainland UK.

11. PRICE OF PRODUCTS AND DELIVERY CHARGES

11.1 The prices of the Products will be as quoted on our site from time to time. We take all reasonable care to ensure that the prices of Products are correct. However, if we discover an error in the price of Products ordered, clause 11.5 will apply.

11.2 Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with an Order Confirmation or invoice.

11.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.

11.4 The price of a Product does not include delivery charges. Our delivery charges are as quoted on our site from time to time. To check relevant delivery charges, please refer to our Delivery Charges page http://www.sparkworld.co.uk/delivery.html.

11.5 Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will inform you in writing of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.

12. HOW TO PAY

12.1 You can only pay for Products using a debit card or credit card.

12.2 Payment for the Products and all applicable delivery charges is in advance. We will charge your debit card or credit card once we have issued the Order Confirmation or issued an invoice. Payment for extended warranties and/or service plans is in advance, unless otherwise stated.

13. MANUFACTURER GUARANTEES AND EXTENDED WARRANTIES

13.1 Some of the Products we sell may come with a standard manufacturer's guarantee. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee provided with the Products.

13.2 We may also offer extended warranties and/or service plans for certain Products and these can be obtained by paying an additional fee. Please note that the terms and conditions relating to extended warranties and/or service plans will be available for you to view before you finalise your order. Please read these terms and conditions carefully, make sure that you understand them and print off a copy for your future reference. You will be asked to accept the relevant terms and conditions before you submit your order for the extended warranty and/or service plan.

13.3 If the Products appear to be faulty, you should refer to the manufacturer’s instructions in the first instance. If the fault has been discovered prior to installation, please do not continue to install or fit the Products as this will be deemed to be acceptance of the Products. If a Product has been installed we will require a manufacturer’s approved service engineer to inspect the Product and establish the nature of the fault. We reserve the right to request photographic evidence of the faulty Products and packaging.

13.4 If you are a consumer, a manufacturer's guarantee is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau.

14. OUR LIABILITY IF YOU ARE A BUSINESS

14.1 We only supply the Products for internal use by your business, and you agree not to use the Product for any re-sale purposes.

14.2 Nothing in these Terms limits or excludes our liability for:

  1. death or personal injury caused by our negligence;
  2. fraud or fraudulent misrepresentation;
  3. breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
  4. defective products under the Consumer Protection Act 1987.

14.3 Subject to clause 14.2, we will under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for any loss of profits, sales, business, or revenue, loss or corruption of data, information or software, loss of business opportunity, loss of anticipated savings, loss of goodwill, or any indirect or consequential loss.

14.4 Subject to clause 14.2 and clause 14.3, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products.

14.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law.

15. OUR LIABILITY IF YOU ARE A CONSUMER

15.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.

15.2 We only supply the Products for domestic and private use. You agree not to use the Product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

15.3 We do not in any way exclude or limit our liability for:

  1. death or personal injury caused by our negligence;
  2. fraud or fraudulent misrepresentation;
  3. any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
  4. any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
  5. defective products under the Consumer Protection Act 1987.

16. EVENTS OUTSIDE OUR CONTROL

16.1 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

16.2 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control.

16.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

  1. we will contact you as soon as reasonably possible to notify you; and
  2. our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects delivery, we will arrange a new delivery date with you after the Event Outside Our Control is over.

17. COMMUNICATIONS BETWEEN US

17.1 In these Terms, when we refer to "in writing" this includes e-mail.

17.2 If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing, you can send this to us by e-mail or by pre-paid post to Sparkworld Limited at the address set out in clause 1.1. We will confirm receipt of this by contacting you in writing, normally by e-mail.

17.3 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.

17.4 If you are a business, please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

18. COMPLAINTS

We take complaints very seriously. We will endeavour to acknowledge complaints within 5 working days and will provide a likely timescale for resolving the dispute and will keep you informed about progress. You can send us a compliant in accordance with clause 17.

19. OTHER IMPORTANT TERMS

19.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.

19.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

19.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.

19.4 Each of the clauses in these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.

19.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

19.6 Please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction.

Schedule
Model Cancellation Form

Sparkworld Limited
Cancellation Form
ToSparkworld Limited
9 Battle Road,
Heathfield Industrial Estate,
Heathfield, Newton Abbot,
Devon TQ12 6RY
Tel: 01626 834666
Fax: 01626 837899
Email: sales@sparkworld.co.uk
Right to CancelI hereby give notice that I cancel my contract of sale of the following products:

  •  [insert description and quantity of products]
Name of Customer
Address of Customer
Signature of Customer (only if this form is notified on paper)
Order Number
Date