General Terms & Conditions Sparq Tech Labs
Article 1 – Definitions
In these Conditions/Terms the following definitions are applicable:
Consideration time: the term during which the consumer can execute the right of withdrawal.
Consumer: the natural person not dealing on behalf of a company or profession and who comes to a distance agreement with the entrepreneur.
Day: calendar day
A length transaction: a distance agreement related to a series of products and services of which the delivery obligation and the purchasing are spread over a period of time.
Durable Medium: any instrument which enables the recipient or the entrepreneur to store information addressed personally to them in a way accessible to future reference for a period of time adequate to the purpose of the information and which allows the unchanged reproduction of the information stored.
Right of Withdrawal: the possibility for the consumer to terminate the distance agreement within the consideration term.
Entrepreneur: Sparq Tech Labs
Distance Agreement: an agreement based on a corporate organized system of distance sales of products and services including the closing of an agreement using one or more techniques of distant communication.
Technique of distant Communication: a means that can be used to close an agreement without the consumer and the entrepreneur have gathered together in the same place and at the same time.
Article 2- Corporate Identity
Sparq Tech Labs
1333 XM Almere
Email: [email protected]
Chamber of commerce number: 67539793
VAT identification number: NL212180861B01
Article 3- Relevance
These general terms & conditions apply to any offer of the entrepreneur and to every finalized distance agreement between entrepreneur and consumer.
Before the distance agreement is concluded, the text of the general terms & conditions is being made available to the consumer. If this is reasonably not possible that before the distance agreement is concluded, it will be indicated that the general terms & conditions can be seen at the entrepreneur and on request of the consumer these general terms & conditions shall be sent to the consumer as soon as possible without extra costs.
If the distance agreement is concluded electronically, notwithstanding the previous article and before the distance agreement is concluded, the text of the general terms & conditions can be made available electronically to the consumer in such a way that the text can be saved in a simple way on a durable medium. If this is reasonably not possible that before the distance agreement is concluded it will be indicated where the consumer can find the general terms & conditions electronically and that these conditions/terms at the consumer’s request will be sent electronically or otherwise to the consumer without extra cost.
For the case that besides these general terms & conditions, specific product and service conditions are also applicable, the second and third article are mutatis and in case of conflicting conditions/terms the consumer can appeal on the relevant conditions/terms which are the most favorable for the consumer.
Article 4- Offer
If an offer has a limited validity or has other specifications, this will be emphatically mentioned.
The offer contains a complete and accurate description of the offered products and services. The description is sufficiently detailed to enable a proper consumer’s assessment of the products/services. The images used by the entrepreneur are true representations of the products and services. Obvious mistakes and errors do not bind the entrepreneur.
Each offer contains such information that it is clear for the consumer which rights and obligations are related to the offer when it is accepted by the consumer. This concerns in particular:
price inclusive taxes;
possible costs of delivery;
the manner in which the agreement has been concluded and the necessary signatures;
whether to apply the right of withdrawal;
the method of payment, delivery and performance of the contract;
the deadline for accepting the offer or the period within which the entrepreneur guarantees the price;
the level of the rate for distance communication if the costs for the usage of the technology for distance communication are calculated on another ground than the regular fare for communication;
if the agreement after the conclusion is archived and if so how to consult it for the consumer;
the manner in which the consumer, before concluding the agreement, can check and if necessary also restore the information provided by hem under the agreement;
any other languages, including English, for the agreement;
the codes of conduct to which the entrepreneur is subject and the manner in which the consumer can consult electronically the codes of conduct; and
the minimum duration of the distance agreement in the event of a length transaction.
Article 5- The Agreement
The agreement is finalized, subject to the provisions in paragraph 4, at the moment the consumer accepts the offer and meets the conditions.
If the consumer has accepted the offer electronically, the entrepreneur confirms electronically that he has received the acceptance of the offer. As long as the entrepreneur has not confirmed the acceptance, the consumer can terminate the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic data transfer and that he will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe the necessary security measures.
The entrepreneur can notify or check, within the legal framework, if the consumer can meet the payment obligations, and also check all important facts and factors which are needed to finalize a sound distance agreement. If the entrepreneur based on research, has a good reason not to conclude the agreement then he is entitled to motivate and to refuse an order/ request or he can connect special conditions to the execution of the offer.
The entrepreneur shall send the following information with the products or services, written or in such a manner that the consumer can store in an accessible way the data on a durable medium:
- The address of the company for the consumer to file complaints
- The conditions and the way how the consumer can execute the right of withdrawal and a clear indication related to the exclusion of the right of withdrawal.
- Information about after sales guarantees and services
- Article 4 paragraph 3 unless the entrepreneur has already sent this information before the execution of the agreement.
- The requirements for termination of the agreement if the agreement has a duration of one year or more or of if it has an indefinite duration.
In case of a length transaction the previous clause e. is only applicable for the first delivery.
Article 6- Right of Withdrawal
Deliverance of products:
After purchasing products the consumer has the possibility to disband the agreement during 14 days. The cooling off period starts on the day after the consumer receives the product or a pre-designated representative by the consumer made known to the entrepreneur.
During the cooling off period the consumer shall treat the product and the package carefully. He shall unpack or use the product only to that extent to as far as it is necessary to judge if he wishes to keep the product. If he does want to execute the right of withdrawal, he shall return the product with all accessories and -if reasonably possible- in the original conditioning and packaging to the entrepreneur, in accordance with the provided reasonable and clear instructions of the entrepreneur.
Deliverance of Services:
After the deliverance of services the consumer has the possibility to disband the agreement without giving reasons during at least 14 days, commencing on the day of the entering into the agreement.
In order to execute the right of withdrawal, the consumer must abide by the reasonable and clear instructions provided by the entrepreneur at the offer or finally at the deliverance of the service.
Article 7- Withdrawal Costs
If the consumer executes the right of withdrawal, he will have to pay no more than the costs of returning the product.
If the consumer has made a payment, the entrepreneur shall pay back this amount as soon as possible but no later than within 14 days after the repeal or after the return shipment.
Article 8- Exclusion Right of Withdrawal
The entrepreneur can exclude the right of withdrawal of the consumer for as far as foreseen in paragraph 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly mentioned this at least in time before the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for the following products:
- Which are established by the entrepreneur according to specifications of the consumer
- That they are clearly personal in nature
- Which cannot be returned because of their nature
- That can spoil or age quickly
Exclusion of the right of withdrawal is only possible for the following service:
- Delivery has begun with the express consent of the consumer before the consideration period has expired.
Article 9- Pricing
During the validity period mentioned in the offer, the prices of the offered products and services shall not be raised save for price changes due to changing VAT rates.
Notwithstanding the previous paragraph the entrepreneur can offer products and services with variable prices when these prices are subject to fluctuations on the financial market and where the entrepreneur has no influence. This bondage to fluctuations and the fact that the mentioned prices are target prices will be mentioned with the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted only if they are the result of legal regulations or provisions.
Price increases from 3 months after the conclusion of the agreement only if the entrepreneur has stipulated this and:
- These are the result of legal regulations or provisions; or
- The consumer has the competence to terminate the agreement from the day the price increase takes effect.
The in the offer mentioned prices include VAT.
Article 10- Conformity and Guarantees
The entrepreneur ensures that the products and services measure up to the agreement, ensures the in the offer mentioned specifications, ensures reasonable requirements, soundness and or usefulness and ensures on the date of the establishment the existing legal provisions and/or government regulations. If agreed the entrepreneur also ensures that the product is suitable for other than normal use.
A guarantee provided by the entrepreneur, manufacturer or importer does nothing to alter the rights and claims which the consumer under the agreement can put forward against the entrepreneur.
Article 11- Delivery and Execution
The entrepreneur shall observe in utmost care the reception and execution of orders of products and when assessing applications for services.
The address that has been made known by the consumer to the entrepreneur is considered to be the delivery place.
Taking into account what is stated in article 4 of the general terms & conditions , the entrepreneur shall execute the accepted orders expeditiously but not later than within 30 days unless a longer period has been agreed. If the delivery is delayed or if a delivery cannot or partially be executed, the consumer is notified about this no later than 30 days after he placed the order. In that case the consumer has the right to terminate the agreement without any further cost and he is entitled to compensation.
In the event of termination in accordance with the previous paragraph the entrepreneur shall pay back the amount that the consumer has paid as soon as possible but no later than 30 days after the termination.
If the delivery of an ordered product appears to be impossible, the entrepreneur shall strive to make available a replacement product. At least before the delivery it will be mentioned in a clear and understandable manner that a replacement product will be delivered. The right of withdrawal cannot be ruled out with regard to replacement products. The costs of a possible return shipment come at the expense of the entrepreneur.
The risk of damage and/or loss of products rest with the entrepreneur until the moment of delivery at the consumer or a pre-designated and an announced representative to the entrepreneur, unless otherwise expressly agreed. If you receive a damaged product, you should report this by email within three days. You can send this email to: [email protected]
Article 12- Length transactions: duration, termination and extension
The consumer can terminate at any time an agreement which has been entered for an indefinite period and which extends to regular delivery of products and services respecting the applicable termination rules of a notice of not more than one month.
The consumer can terminate at any time an agreement entered for a definite period and which extends to regular delivery of products or service at the end of the definite period respecting the applicable termination rues of a notice of not more than one month.
The consumer can in the agreements in the previous mentioned paragraph:
at all times terminate with no restrictions to terminate at a certain time or during a certain period
at least terminate in the same manner as they are entered into by him
at all times terminate with the same notice as the entrepreneur has obtained for himself.
Unless otherwise agreed, the amounts due have to be met by the consumer within 7 days after entering the cooling off period referred to article 6, paragraph 1. In case of an agreement to provide a service the cooling off period starts after the consumer has received the confirmation of the agreement.
When selling products to consumers, a prepayment of more than 50% must never be stipulated in the general terms and conditions. When a prepayment has been stipulated the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the stipulated payment has been made.
The consumer has the duty to notify the entrepreneur about inaccuracies in the payment details.
In case of default by the consumer the entrepreneur has, subject to legal restrictions, the right to charge the reasonable costs which are made known to the consumer in advance.
Article 14- Complaints
The entrepreneur features a sufficiently publicized complaints procedure and handles the complaint according to this complaints procedure.
Complaints about the execution of the agreement should be described fully and clearly within reasonable time submitted to the entrepreneur after the consumer has observed the defects.
The complaints submitted to the entrepreneur will be answered within a period of 14 days from the day of receipt. If a complaint has a foreseeable longer processing time, the entrepreneur will answer within 14 days an acknowledgement and an indication when the consumer will receive a more detailed answer.
If a complaint cannot be resolved by mutual agreement then there is a dispute that is subject to the dispute settlement.
Article 15 – Additional and Different Provisions
Additional or different provisions compared to the general terms & conditions may not be to the prejudice of the consumer and should be recorded in writing in such a manner that the consumer can save these in an accessible way on a durable medium.
Section 16 - Errors, Inaccuracies And Omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Section 17 - Modifications To The Service And Prices
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Section 18 - Disclaimer Of Warranties; Limitation Of Liability
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Sparq Tech Labs, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Section 19 - Accuracy, Completeness And Timeliness Of Information
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Section 20 - Ownership and Use of Website Materials
Sparq Tech Labs co-founder Ömer Uyar owns the copyright for all of the material on this web site or has a valid right from a third party to use material on the web site. Sparq Tech Labs may use this website for sale purposes but does not hold the ownership. No part of the web site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright, trademark and other proprietary notices on the materials. Any modification of the materials or use of the materials for any other purpose is a violation of Ömer Uyar's copyright and other proprietary rights. The use of any such material on any other web site or computer network without Ömer Uyar’s written consent is strictly prohibited. Your use of the trademarks, service marks and trade names on this web site in any manner other than as authorized in these terms and conditions, or as authorized in writing by Ömer Uyar, is strictly prohibited.
Section 21 - Sample Offering, Sales and Rights
The entrepreneur offers samples of the product for a small fee. This fee includes shipping and handling costs thus resulting in a free sample. The sample may only be sold once per customer. The entrepreneur holds the right to deny or correct any order that doesn't constitute to this amount.