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Terms and Conditions
Prices
Goods are invoiced in pounds (£) sterling at the price prevailing at the time you place your order. Prices are expressed exclusive of Value Added Tax ("VAT") which will be charged at the current rate as shown on the on-line order form and are exclusive of delivery charges. Delivery charges will be added to the price of the goods purchased so that the on-line order form shows the total charges which we will debit. The prices indicated apply only to on-line purchases and are not indicative of the price of identical goods purchased by any other means. We reserve the right to amend any prices without any prior notice and to end any promotion at any time. We reserve the right to add or withdraw any item at any time. Sparks Gift Wholesalers LLP and Amalfi Imports Ltd. try to ensure that all prices displayed are correct and within the company's pricing structure. In the event that an incorrect price is advertised, we shall amend such price upon notification. We are under no obligation to supply any product that is priced incorrectly. Copyright All elements of the Website content, logos, photography, graphics, and software are protected by UK copyright laws. You are entitled to view the Website and to print pages of the Website for the sole purpose of placing an order with Sparks Gift Wholesalers LLP and/or Amalfi Imports Ltd. However, any copying or downloading from the Website without written permission from Sparks Gift Wholesalers LLP and/or Amalfi Imports Ltd. is strictly prohibited and will be deemed an infringement of copyright. Orders Sparks Gift Wholesalers LLP or Amalfi Imports Ltd. will send you an email to acknowledge receipt of your order ("Advice Note"). Receipt of your credit or debit card details and debit of payments does not constitute our acceptance of your order. Our acceptance of your order takes place upon dispatch of the goods to you at which point the purchase contract is made. We reserve the right to decline your order for any reason whatsoever and to refuse bulk orders. If we do so we will contact you and will refund in full such payments which have been made in relation to the cancelled/declined order. Where a choice of design is available we reserve the right to supply alternative product due to stock availability. We will however always endeavour to contact and advise in this circumstance. Please note that we do not consider any dent/crush or imperfection to any packaging or display box as legitimate cause for a credit to be issued. In the event of damaged outer packaging and display boxes, Sparks Gift Wholesalers LLP / Amalfi Imports Ltd. reserves the right to issue a credit or refund for up to a maximum of 10% of the product value. When we pick and process orders we endeavour to ensure that the best box/packaging available is picked and sent out. Unless the actual product is damaged then no claim will be entertained for damage to the product box/packaging. We always pack orders using plenty of shredded packing material to alleviate damages in transit but ultimately cannot be held responsible for damage to product boxes/packaging. Credit Card Payments We are unable to accept credit cards that are due to expire within the next 5 days. Card details are checked and verified by a third party and goods are dispatched once authorisation has been obtained by Sparks Gift Wholesalers LLP or Amalfi Imports Ltd. Liability In the event of a breakdown in the supply chain due to events or circumstances outside of our control, we fully reserve the right to issue refunds in full for goods that we are unable to supply. To the fullest extent permitted by law we will not be liable to you or any third party for any: loss of business, loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure, loss of privacy and/or loss of data; and/or any other loss or damage which does not result directly from the actions of Sparks Gift Wholesalers LLP, Amalfi Imports Ltd. , its sub-contractors or agents; and which arises out of or is related to your purchase of goods via the Website. In any event our liability to you in connection with any order will not exceed the total price charged for the goods purchased. Nothing in these Product Terms and Conditions excludes our liability for personal injury or death caused by our negligence. These Purchase Terms and Conditions do not affect your statutory rights as a consumer or otherwise. To view our Company Details, Contact Details, Privacy Policy, Shipping Policy, Delivery and Returns Policy, Cookies Policy, Knowledge Base and all other General Terms and Conditions please click on and refer to the appropriate link/tab in the footer below or 'Ask Us' navigation block. Trademarks All trademarks, service marks and trade names of Sparks Gift Wholesalers LLP and Amalfi Imports Ltd. used in the site are trademarks or registered trademarks of Sparks Gift Wholesalers LLP and Amalfi Imports Ltd. resepctively. Warranty Disclaimer This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Sparks Gift Wholesalers LLP and or Amalfi Imports Ltd. disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Sparks Gift Wholesalers LLP and Amalfi Imports Ltd. does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Sparks Gift Wholesalers LLP and Amalfi Imports Ltd. does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you. Typographical Errors In the event that a Sparks Gift Wholesalers LLP and/or Amalfi Imports Ltd. product is mistakenly listed at an incorrect price, Sparks Gift Wholesalers LLP and Amalfi Imports Ltd. reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Sparks Gift Wholesalers LLP and Amalfi Imports Ltd. reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Sparks Gift Wholesalers LLP and or Amalfi Imports Ltd. shall issue a credit to your credit card account in the amount of the incorrect price. Description of products We endeavour to describe our products clearly and correctly and use stock photos to show that product. Sometimes the photo will not show all colour/size/shape and assorted designs for all the product options. I.e. A product might be available in four colours but the stock photo shows only one item in one colour. If this item is ordered then we reserve the right to supply that item in any of the colours available as stock availability allows. Sometimes an error may be made in the desciption of a product. This is unfortunate and we try very hard to keep such errors to a minimum. Should this happen Sparks Gift Wholesalers LLP will refund in full for that item only on it's return to us in an unused and re-sellable condition and in it's original undamaged packaging. Out of Stock Products We try to ensure that our online stock database is kept up to date at all times. Therefore, some products remain on the website 'showing' available to purchase when out od stock for various reasons. If and when this happens we endeavour to contact you in the first instance to see if you may want an alternative. If, say the missing items are only a small part of the order then we may process it immediately as generally, our customers want the order quickly and normally don't mind not receiving a few lines to take delivery promptly. . If there are several lines out of stock or the missing items make up a substantial part of an order then we always send an email and/or telephone message to let you know and offer alternatives. We will hold an order over until we have made contact but if no contact can be made (within 24 hours) then we may ship the order at our discretion. If the total of out of stock products is less than 30% of the order value (exc vat & carriage) then we will dispatch at our discretion without contacting the customer as this expedites most orders satisfactorily. Whatever happens, if an item is out of stock and not sent then you will not be charged for that item. Either the payment is deducted from your original invoice total when we capture the payment or a full refund for that item will be made back to your card - this is normally done by us at close of business on the day that the order is dispatched. However it may take an extra day or so for the bank to actually process this and for you to see it back in your account. Please also see our refunds article and order totals and payments in our Knowledge base for more detais. Returns / Re-stocking / Cancelled Orders We endeavour to process and dispatch all orders within 48 hours of receiving them (allow longer times at busy periods) and once an order leaves us it is always on a next working day delivery service with the courier (UK Mainland delivery addresses). (Although it is next day we stipulate that 72 hours is allowed in case of third party difficulties) If the customer is not able to receive and sign for the delivery then the couriers will attempt a re-delivery the following business day or instructions to collect from a local depot. Should an order be returned to us by the couriers due to the customer not accepting the delivery or being absent when the delivery attempts have taken place and the order is subsequently returned to us then we reserve the right to charge the courier return fee and an additional re-stocking charge of 10% of the net order value or £25 (whichever is the greater). Should an order be picked and packed ready for dispatch and then cancelled by the customer we reserve the right to charge 10% of the net order value or £25 (whichever is the greater). These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. The same return and restocking fees shall apply to items deemed to be non-faulty. Should any item returned to us as purported to be in a faulty condition be deemed to be in a good and saleable condition during any subsequent quality control checks, then this will also be subject to a restocking fee of 10% of the net product(s) value or £25 (whichever is the greater). Please note that no returns are accepted on goods unless faulty and unless Sparks Gift Wholesalers LLP has been notified in writing of these faults within 72 hours of delivery of order. Sparks Gift Wholesalers LLP will refund in full for the items only on their return to us in an unused and re-sellable condition and in it's original undamaged packaging. We reserve the right to collect any products that are damaged or faulty or are included as part of a claim. Collection may be authourised via one of our courier partners, and a refund may not be issued until the product has arrived back to our warehouse and has been checked in. Please be aware that a refund can take up to 7-10days to process. Missing Deliveries Missing deliveries are exceedingly rare, however in the event that an order is misdelivered by the courier and cannot be located, then an investigation will need to be raised by Sparks Gift Wholesalers LLP with the courier in question. Each courier, including our two main couriers (DPD and DHL) has their own procedure for this, and this procedure will need to be followed before any refund, or replacement goods, can be issued. Investigations can take time, however we will make every effort to speed this timeframe up where possible. Often a denial of receipt form will need to be issued/posted by the courier, and will need to be signed and returned by the recipient/client before a claim can be approved. This is a legal document used for B2B shipments where a consignment has gone missing, which provides a binding declaration that the claim is genuine, and the goods were not received. BREXIT T&Cs Important Changes When ordering from us after 1st January 2021, a lot of things will remain the same, however, there are some important changes to be aware of:
As we understand it, we will no longer be taking VAT payments for your orders. Instead, this will be payable upon arrival to your local customs authourity or to our customs 'agent' DPD/GLS/Chronopost. Our customs agent will contact you via email to request that the required amount of VAT. Your order will not be delivered to you until this has been paid. It is important that you pay this as quickly as possible. It is also imperative that you provide us with your correct email address to avoid any issues with communication. We must stress that any unclaimed orders, or any orders where the required VAT is not paid within the allotted time, may be returned to us here in the UK. If an order is refused, unclaimed or unpaid and is returned to us, unfortunately we will incur significant return charges by the courier and will only be able to refund you for the cost of the items themselves, less any further charges incurred. As a minimum, we reserve the right to withhold the original shipping charge paid, and also to deduct a return fee equivalent to 50% of the original shipping cost paid. However we reserve the right to levy any further administrative, punitive, or transport/return related charges against the value of any refund due. Please be aware that you are solely responsible for ensuring that the EORI number you submit to us is correct and valid. For any orders returned to the UK due to an invalid EORI number the above return charges may also apply. Damaged/Faulty Products All claims for damaged or faulty goods must be made in writing (email) within 72 hours of receipt of products. Please be aware that any claim submitted more than 3 days (72 hours) after you have taken delivery of your order cannot be considered. Please note that we do not consider any dent/crush or imperfection to any packaging or display box as legitimate cause for a credit to be issued. In the event of damaged outer packaging and display boxes, Sparks Gift Wholesalers LLP and/or Amalfi Imports Ltd. reserves the right to issue a credit or refund for up to a maximum of 10% of the product value. Please note that all credit notes that are not used within 12 calendar months from the date of issue are no longer valid. Any expired credit notes will be wiped from the customer account and are no longer useable, redeemable or refundable. These terms and conditions, or any part of them, may be terminated by Sparks Gift Wholesalers LLP and/or Amalfi Imports Ltd. without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination. Notice - Sparks Gift Wholesalers LLP and/or Amalfi Imports Ltd. may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Sparks Gift Wholesalers LLP or Amalfi Imports Ltd. Miscellaneous Delivery shortages must be notified in writing no later than 3 working days following the day of delivery. Your use of this site shall be governed in all respects by the laws of the United Kingdom, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Sparks Gift Wholesalers LLP and/or Amalfi Imports Ltd. products) shall be in the United Kingdom. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Sparks Gift Wholesalers LLP and/or Amalfi Imports Ltd. products) must be commenced within one (1) year after the claim or cause of action arises. Sparks Gift Wholesalers LLP and/or Amalfi Imports Ltd. failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Sparks Gift Wholesalers LLP and/or Amalfi Imports Ltd. may assign its rights and duties under this Agreement to any party at any time without notice to you. Use of Site Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Sparks Gift Wholesalers LLP or Amalfi Imports Ltd. or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization. We reserve and retain the right to specify the required form of payment method in situations of potential fraud liability as a reasonable safeguard against unlawful clawbacks. Such situations may include account opening orders and/or unusual and/or foreign shipping and billing addresses. Klarna (Buy Now, Pay Later) - Important Information If you choose to use Klarna to pay for your order, please note that Klarna is an unregulated credit provider. Participation Disclaimer Sparks Gift Wholesalers LLP and/or Amalfi Imports Ltd. does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Sparks Gift Wholesalers LLP and/or Amalfi Imports Ltd. is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Sparks Gift Wholesalers LLP and/or Amalfi Imports Ltd. reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Sparks Gift Wholesalers LLP in its sole discretion. Indemnification You agree to indemnify, defend, and hold harmless Sparks Gift Wholesalers LLP and/or Amalfi Imports Ltd. its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account. Third-Party Links - In an attempt to provide increased value to our visitors, Sparks Gift Wholesalers LLP and/or Amalfi Imports Ltd. may link to sites operated by third parties. However, even if the third party is affiliated with Sparks Gift Wholesalers LLP and/or Amalfi Imports Ltd., Sparks Gift Wholesalers LLP and/or Amalfi Imports Ltd. has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Sparks Gift Wholesalers LLP or Amalfi Imports Ltd. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Sparks Gift Wholesalers LLP and/or Amalfi Imports Ltd. seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work). Deliveries For full information related to our delivery policy, please refer to either our Knowledge Base, or click the 'Shipping and Deliveries' tab located in the website footer. Knowledge Base We have a comprehensive knowledge base for most conditions and details of our service - please read carefully so you fully understand as these articles form part of our Terms and conditions of trading and is located at the bottom of our web page under 'ASK US' (next to this T & C link) Company Information: Sparks Gift Wholesalers LLP is registered in England. Registered Company No: OC 433845 Amalfi Imports Limited is registered in England. Registered Company No: 12681948 Both companies are registered at the following address : 42A High Street, Broadstairs, Kent CT10 1JT |