Terms of service

OVERVIEW

This website is operated by APEXRISE S.R.L. (trading as Sparkock), a company registered in Romania with its registered office at Bucureşti Sectorul 3, Strada Nerva Traian, Nr. 27-33, Birou nr. 6, Scara B, Etaj 1. Throughout this document, the terms "we", "us", and "our" refer to APEXRISE S.R.L. / Sparkock. We make this website, along with all information, tools, and services available on it, accessible to you subject to your full acceptance of the terms, conditions, and notices set out herein.

By visiting our Site and/or completing a purchase, you are engaging with our "Service" and agreeing to be legally bound by these Terms of Service ("Terms"), together with any additional policies referenced herein or accessible via hyperlink. These Terms apply to all users of the Site, including visitors, customers, vendors, and content contributors.

Please read these Terms carefully before accessing or using our website. If you do not agree with any part of these Terms, you must not access or use the Site. Any new features or tools added to the Site in the future will also be subject to these Terms. We reserve the right to amend these Terms at any time by publishing updates on this page. It is your responsibility to review this page periodically. Continued use of the Site following any changes constitutes your acceptance of the revised Terms.

Our e-commerce platform is hosted and supported by Shopify Inc., which enables us to sell our products and services online.

Restricted Areas

We do not ship to, or provide services for, individuals or entities located in countries or regions subject to comprehensive sanctions imposed by the US government. Restricted jurisdictions include, but are not limited to: Iran, Syria, North Korea, Cuba, Russia, Belarus, Venezuela, Myanmar, Haiti, Somalia, Yemen, Zimbabwe, Liberia, the Central African Republic, the Democratic Republic of the Congo, and the Crimea, Donetsk, Luhansk, Zaporizhzhia, and Kherson regions of Ukraine. Orders with delivery addresses in these areas will be automatically cancelled and fully refunded. By placing an order, you confirm that you are not located in, or a resident of, any restricted area, and that you do not appear on any US government prohibited or restricted party list.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms, you confirm that you have reached the age of majority in your jurisdiction, or that you have obtained parental or guardian consent for any minor dependents using this Site. You agree not to use our products or services for any unlawful or unauthorized purpose, and to comply with all applicable laws in your jurisdiction, including copyright and intellectual property laws. You must not introduce any malicious code, viruses, or disruptive software to the Site. Any breach of these Terms may result in the immediate suspension or termination of your access to our Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to decline service to any individual or entity at our discretion and at any time. You acknowledge that your content (excluding payment card data) may be transmitted unencrypted across various networks and may be adapted to meet technical requirements. All payment card information is encrypted during transmission. You agree not to reproduce, resell, or exploit any part of the Service without our express written consent. Section headings in these Terms are for reference purposes only and do not limit the scope of any provision.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We make reasonable efforts to ensure that the information on this Site is accurate and up to date; however, we do not guarantee its completeness or currency. Content on this Site is provided for general informational purposes only and should not be relied upon as the sole basis for any decision. Any reliance you place on such material is at your own risk. We reserve the right to modify the content of this Site at any time without obligation to update previously published information.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Product prices are subject to change at any time without prior notice. We reserve the right to modify, suspend, or discontinue the Service, or any part thereof, at any time and without liability to you or any third party.

SECTION 5 – PRODUCTS AND SERVICES

Certain products or services may be available exclusively through our online store and may be subject to limited availability. We have made every reasonable effort to display product colors and images as accurately as possible; however, we cannot guarantee that your device screen will render colors with complete accuracy. We reserve the right to limit sales of our products to any person, geographic region, or jurisdiction, and to discontinue any product at any time without notice. We do not warrant that the quality of any product, service, or information obtained through the Service will meet your expectations.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse or cancel any order at our discretion, including orders that appear to be placed by resellers or distributors, or where multiple orders share the same account, payment method, or delivery address. You agree to provide accurate, current, and complete information for all purchases and to keep your account details up to date. For further details, please refer to our Returns Policy.

SECTION 7 – OPTIONAL TOOLS

We may provide access to third-party tools on an "as is" and "as available" basis, without warranties or endorsements of any kind. Your use of any such tools is entirely at your own risk. We accept no liability arising from your use of optional third-party tools. Future additions to the Site, including new tools or features, will also be governed by these Terms.

SECTION 8 – THIRD-PARTY LINKS

Our Site may contain links to third-party websites. We are not responsible for the content, accuracy, or practices of any third-party site and do not endorse them. Any transactions you conduct with third parties are solely between you and that third party. We encourage you to review the terms and privacy policies of any third-party site before engaging with it.

SECTION 9 – USER SUBMISSIONS AND COMMENTS

Any unsolicited submissions you send to us — including ideas, suggestions, or feedback — may be used by us without restriction, compensation, or obligation of confidentiality. We reserve the right to monitor, edit, or remove any user-generated content that we determine, in our sole discretion, to be unlawful, offensive, or otherwise objectionable. You are solely responsible for the accuracy and legality of any content you submit, and you agree not to impersonate others or submit false information.

SECTION 10 – PERSONAL INFORMATION

The collection and use of your personal information through this Site is governed by our Privacy Policy, which forms part of these Terms by reference. Please review our Privacy Policy to understand our data practices.

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

From time to time, information on our Site may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, or availability. We reserve the right to correct such errors and to cancel or modify orders affected by inaccurate information, without prior notice and even after an order has been submitted.

SECTION 12 – PROHIBITED USES

In addition to other restrictions set out in these Terms, you are prohibited from using the Site or its content for any unlawful purpose; to solicit others to engage in unlawful acts; to violate any applicable laws or regulations; to infringe upon intellectual property rights; to harass, discriminate against, or harm any individual; to submit false or misleading information; to upload malicious code or software; to collect personal data of others without consent; to engage in spam or phishing activities; or to interfere with the security or integrity of the Site. Violation of any prohibited use may result in immediate termination of your access.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee that the Service will be uninterrupted, error-free, or free from security vulnerabilities. The Service and all products delivered through it are provided on an "as is" and "as available" basis, without warranties of any kind, whether express or implied. To the fullest extent permitted by applicable law, Sparkock and APEXRISE S.R.L., including our officers, employees, affiliates, agents, and service providers, shall not be liable for any indirect, incidental, punitive, or consequential damages arising from your use of the Service or any products obtained through it. Where local law does not permit the exclusion of certain warranties or limitations of liability, our liability shall be limited to the maximum extent permitted.

SECTION 14 – INDEMNIFICATION

You agree to defend, indemnify, and hold harmless APEXRISE S.R.L. / Sparkock and its affiliates, officers, directors, employees, contractors, and service providers from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with your breach of these Terms, your violation of any applicable law, or your infringement of any third-party rights.

SECTION 15 – SEVERABILITY

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be enforced to the maximum extent permitted by law, and the remainder of these Terms shall continue in full force and effect.

SECTION 16 – TERMINATION

These Terms remain in effect until terminated by either party. You may terminate your agreement with us at any time by ceasing to use the Site. We reserve the right to terminate your access to the Service at any time, without notice, if we determine that you have violated any provision of these Terms. All obligations and liabilities incurred prior to termination shall survive.

SECTION 17 – ENTIRE AGREEMENT

These Terms, together with our Privacy Policy and any other policies published on this Site, constitute the entire agreement between you and us regarding your use of the Service, and supersede all prior agreements and understandings. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

SECTION 18 – COMPLAINTS & WARRANTIES

We are committed to ensuring that every product you receive meets the quality standards described on our Site. If you receive a defective, damaged, or incorrect item, please contact our customer support team within 30 days of delivery at talktous@sparkock.com, providing your order number and photographic evidence of the issue.

Upon verification, we will offer one of the following remedies at our discretion: a replacement of the affected item, a store credit, or a full or partial refund, depending on the nature of the issue and the circumstances of the case.

Please note that our warranty does not cover damage resulting from misuse, improper handling, unauthorized modifications, or normal wear and tear. Items that have been used, washed, or altered after delivery may not be eligible for a warranty claim.

For complaints relating to our service, delivery experience, or any other matter, we encourage you to contact us directly. We aim to acknowledge all complaints within 3 business days and to provide a resolution within 14 business days. If you are not satisfied with our response, you may escalate your complaint to the relevant consumer protection authority in your jurisdiction.

SECTION 19 – RIGHT OF WITHDRAWAL (COOLING-OFF PERIOD)

If you are a consumer residing in the European Union or another jurisdiction that grants statutory withdrawal rights, you have the right to withdraw from your purchase contract without giving any reason within 14 calendar days from the date on which you, or a third party designated by you, take physical possession of the goods (the "Cooling-Off Period").

To exercise your right of withdrawal, you must notify us of your decision by sending a clear written statement to talktous@sparkock.com before the expiry of the 14-day period. You may use the following model withdrawal statement:

"I/We hereby give notice that I/We withdraw from my/our contract of sale of the following goods: [product name and order number], ordered on [date], received on [date]. Name: [your name]. Address: [your address]. Date: [date]."

Upon receipt of a valid withdrawal notice, we will refund all payments received from you, including standard delivery charges (if applicable), within 14 days, using the same payment method as your original transaction unless you have expressly agreed otherwise. We may withhold the refund until we have received the returned goods or until you have provided proof of return shipment, whichever occurs first.

You are responsible for returning the goods to us promptly and in their original, unused condition, at your own cost, unless the goods are faulty or not as described. The right of withdrawal does not apply to: (a) goods that have been made to your specifications or clearly personalized; (b) goods that are liable to deteriorate or expire rapidly; (c) sealed goods that are not suitable for return due to health or hygiene reasons and were unsealed after delivery; or (d) digital content that has been fully performed with your prior express consent.

SECTION 20 – DISPUTE RESOLUTION & GOVERNING LAW

We encourage you to contact us in the first instance to resolve any dispute or concern informally. Please reach out to our support team at talktous@sparkock.com and we will make every reasonable effort to address your concern promptly and amicably.

If an informal resolution cannot be reached, the following provisions shall apply:

Governing Law: These Terms of Service and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Romania, without regard to its conflict of law principles.

Jurisdiction: Subject to any mandatory consumer protection rights applicable in your country of residence, any legal proceedings arising from or related to these Terms shall be subject to the exclusive jurisdiction of the competent courts of Bucharest, Romania.

EU Consumer Rights: If you are a consumer resident in the European Union, you may also have the right to submit a complaint to an alternative dispute resolution (ADR) body or to use the EU Online Dispute Resolution (ODR) platform, available at: https://ec.europa.eu/consumers/odr. Nothing in these Terms affects your statutory rights as a consumer under the laws of your country of habitual residence.

SECTION 21 – CHANGES TO TERMS OF SERVICE

We reserve the right to update or replace any part of these Terms at our sole discretion by publishing the revised version on this page. It is your responsibility to check this page periodically. Your continued use of the Site following the posting of any changes constitutes your acceptance of the updated Terms.

SECTION 22 – CONTACT INFORMATION

For any questions, complaints, or enquiries regarding these Terms of Service, please contact us at:

Company Name: APEXRISE S.R.L.
Company Registration Number: 54913060
Registered Address: Bucureşti Sectorul 3, Strada Nerva Traian, Nr. 27-33, Birou nr. 6, Scara B, Etaj 1, Romania
Email: talktous@sparkock.com
Website: www.sparkock.com

Note: The registered address above is for legal correspondence only. Please do not send return shipments to this address.