Terms & conditions
1. Welcome to SPAARKD
These terms and conditions, together with the information and policies contained in the "Customer Service" pages on the Platform or mobile app and any other documents referred in these terms and conditions, including but not limited to our Privacy Policy (“Privacy Policy”) (together, "Terms and Conditions") set out the legal terms that apply to your use of our Platform https://www.spaarkd.com, any of its sub-domains and any other Platforms operated by us or on our behalf as well as any mobile device application or desktop application developed by us or on our behalf (together, the "Platforms" and “Platform” being a reference to any one of them) and the other services that we provide (the “Services”), except where we expressly state that separate terms and conditions (and not these Terms and Conditions) apply.
Please read these Terms and Conditions carefully and make sure that you understand them before using the Platform or Services. Please note that by using the Services, you agree to be bound by these Terms and Conditions. If you do not accept these Terms and Conditions, you will not be able to use the Services and you should leave the Platform immediately. If you continue to use the Platform or Services, we will take this as your acceptance of these Terms and Conditions.
2. Understanding the Terms and Conditions
When certain words and phrases are used in these Terms and Conditions, they have specific meanings (these are known as "defined terms"). You can identify these defined terms because they start with capital letters (even if they are not at the start of a sentence). Where a defined term is used, it has the meaning given to it in the section of the Terms and Conditions where it was defined (you can find these meanings by looking at the sentence where the defined term is included in brackets and quotation marks).
When we refer to "SPAARKD", "we", "us" or "our", we mean SPVRKD AG or, where relevant, its subsidiaries or affiliates. Where we refer to "you", "your" or "user" we mean you, the person using the Services.
We have used headings to help you understand the Terms and Conditions and to easily locate information. These Terms and Conditions are only available in the English language. We will not file copies of the contracts between us and you relating to our supply of the Services, so we recommend that you print or save a copy of these Terms and Conditions for your records (but please note that we may amend these Terms and Conditions from time to time so please check the Platform regularly, and each time you use the Services, to ensure you understand the legal terms which apply at that time).
3. About SPAARKD
We are SPAARKD and, along with certain of our affiliates, we operate the Platform and provide the Services. SPVRKD AG is incorporated and registered in Switzerland with company number CHE-260.912.0934 and whose registered office is at Baarerstrasse 78, 6300 Zug, Switzerland.
SPAARKD is a platform on a mission to enable anyone and everyone to become a creator. Responsibly. SPAARKD allows creators, influencers, media personalities, established brands, impactors, and other companies or organizations to create and customize their own brands and designs.
We envision a world where anyone and everyone can become a responsible product creator, democratizing the entire industry.
4. Our services
Our Platform and Services allow you to:
• create your own brand and customized designs using the SPAARKD Studio (please note that, at the moment, this function is only available to approved creators and/or paid users);
• explore and engage with creators and their SPAARKD products, as well as other members, users, customers, etc.
5. Creator Terms
If you have been approved to become a creator, the Creator Terms will apply in addition to these Terms and Conditions.
To the extent there is an inconsistency between these Terms and Conditions and the Creator Terms, the Creator Terms shall prevail.
6. Terms of Use
Your use of the Platform and the Services is subject to the Terms of Use set out in this section.
6.1. About you
Whilst the SPAARKD community, i.e., the collective of users and creators on SPAARKD (“Community”) is all inclusive, you must be 18 years old or over to use the Platform and the Services.
If you are under the age of 18: You should have your parent or legal guardian’s permission to use the Platform and Service. Please have them read these Terms of Use with you.
If you are a parent or legal guardian of a user under the age of 18: By allowing your child to use the Service, you are subject to the terms of these Terms of Use and responsible for your child’s activity on the Service.
6.2. Third-party operations
Those third parties (including, but not limited to, Google and Apple) will have their own terms and conditions and privacy policies which apply to the services that they provide in addition to our Terms of Use. Please make sure you read and understand their terms before you use those parts of the Service.
6.3. Changes or suspension
From time to time, we may automatically update the Platform and change the Services to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the Platform for these reasons.
If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the Platform and the Service.
Whilst we want you to be able to use the Platform to your heart"s content, we do not guarantee that our Platform or the Services will always be available or be uninterrupted.
We may suspend or withdraw or restrict the availability of all or any part of the Platform for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
6.4. Creating an account
Whilst you can view and use certain features of the Platform without registering to create an account, you must register to create an account (“Account”) to use all the features of our Platform.
You may register directly via the Platform (including using your existing accounts with Apple or Google) by completing the fields presented to you on the Platform. We will create your Account based upon the information that you provide to us or that you permit Apple or Google to provide to us. More details about our collection of your personal information are set out below (see Privacy Policy).
You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. This allows us to continue providing our best service possible.
If you choose, or you are provided with, a user identification code, password, or any other piece of information as part of our security procedures, you must treat such information confidentially. You must not disclose it to any third party.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
If you know or suspect that anyone other than you knows your user identification credentials or password, you must promptly notify us via our contact form.
6.5. Privacy Policy
We respect your privacy and value the trust you place in us when you share your personal information.
The personal information that you submit to SPAARKD and that we otherwise collect in connection with your use of the Platform and/or Services is governed by our Privacy Policy. To the extent there is an inconsistency between these Terms and Conditions and the Privacy Policy, the terms of the Privacy Policy (as the case may be) shall prevail.
When we receive information from you or content which is otherwise generated in connection with your use of the Platform or the Services, you grant to us a royalty-free, perpetual, non-exclusive, worldwide, fully, and freely transferable and sub-licensable, irrevocable right and license to use such information and content. On any termination of these Terms and Conditions, the license granted pursuant to this section 6.5 shall continue in perpetuity.
6.6. Permission to use the Platform and the Services
While you comply with these Terms, we grant you a non-exclusive, non-transferable, personal, revocable limited license to access and/or use the Platform (but not any related object and source code) for your own personal, private use, in each case provided that such use is in accordance with these Terms of Use. You agree not to use the Platform for anything else.
If you download or stream the Platform onto any telephone or other device not owned by you, you must have the owner"s permission to do so. You will be responsible for complying with these Terms of Use whether you own the phone or other device.
6.7. Responsibility for other Platforms
To provide the best service possible, the Platform may contain links to other independent Platforms which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
6.8. Liability for loss and damage
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Platform or to your downloading of any content on it, or on any Platform linked to it.
You are responsible for configuring your information technology, computer programs and platform to access and use the Platform, and you should use your own virus protection software.
6.9. Interaction on the Platform and adherence to Community Standards
Whenever you make use of a feature that allows you to upload or share content to our Platform, or to contact other users of our Platform, you must at all times comply with our Global Community Standards laid out in section 16.
Additionally, you must not:
• infringe our intellectual property rights or those of any third party in relation to your use of the Platform or Service, including by the submission of any material (to the extent that such use is not licensed by these Terms of Use). Please see section 6.10 (Intellectual property rights) below for further information;
• use the Platform in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms of Use, or act fraudulently or maliciously (e.g., by hacking into or inserting malicious code, viruses or harmful data, into the Platform or any operating system);
• use the Platform in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
• collect or harvest any information or data from the Platform or our systems or attempt to decipher any transmissions to or from the servers running the Platform or our systems;
• rent, lease, sub-license, loan, provide, or otherwise make available, the Platform or the Services in any form, in whole or in part to any person without prior written consent from us;
• not copy the Platform or Services, except as part of the normal use of the Platform or where it is necessary for the purpose of back-up or operational security;
• not translate, merge, adapt, vary, alter or modify, the whole or any part of the Platform or Services nor permit the Platform or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the Platform and the Services on devices as permitted in these Terms of Use;
• not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Platform or the Services nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the Platform to obtain the information necessary to create an independent program that can be operated with the Platform or with another program (“Permitted Objective”), and provided that the information obtained by you during such activities:
is not disclosed or communicated without the Licensor"s prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the
Permitted Objective;
is not used to create any software that is substantially similar in its expression to the Platform;
is kept secure; and
is used only for the Permitted Objective; or
• comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the Platform or any Service.
We want every member of our Community to have the best experience possible when using the Platform and the Services. Please beware: We take any breaches of the above restrictions very seriously. They spoil the experience for other users and can prevent us from providing our Services.
You warrant that any such content and use of the Platform does comply with the above standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
6.10. Intellectual property rights
All intellectual property rights on the Platform and the Services belong to us (or we have permission to use that intellectual property from our licensors) and the rights on the Platform and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the Platform or the Services other than the right to use them in accordance with these Terms of Use.
As set out in section 6.9 (Interaction on the Platform and adherence to Community Standards), you must not infringe our intellectual property rights or those of any third party in relation to your use of the Platform or Service, including by the submission of any material (to the extent that such use is not licensed by these Terms and Conditions).
Please pay particular attention to this part: You agree to indemnify us for any loss suffered either by us as a result of your non-compliance with this section 6.10.
6.11. Reliance on information
The Platform allows users to access the Services offered by SPAARKD. The Platform and the Services are provided for general information and entertainment purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action based on information obtained from the Platform or the Service.
Although we make reasonable efforts to update the information provided by the Platform and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete, or up to date.
We commit to certain charities (or engage a third party to do so) on your behalf (either as a customer or a creator) in various locations across the world. The Platform uses graphics and other visual materials to present this information to you. Please note that we make no representations, warranties, or guarantees, whether express or implied, that such information (for example including, but not limited to, the total number of trees / bees / etc. which have been donated as part of the initiative or the exact location of the tree(s) planted on your behalf) is accurate, complete, or up to date.
6.12. Termination of usage
We can terminate these Terms of Use or stop providing any part of the Platform and Services at any time and for any reason. We may also change, suspend, terminate, or discontinue any aspect of the Platform or the Services including availability of certain features at any time and for any reason. Where possible, we will give you notice before doing so.
You can terminate these Terms of Use insofar as they are applicable to you for any reason by giving us immediate notice. In addition, either party may terminate these Terms of Use immediately if the other is breaching any of its responsibilities under these Terms and Conditions (including the license restrictions under section 6.9 (Interaction on the Platform and adherence to Community Standards)).
On any termination of these Terms and Conditions, your right to use the Platform and the Services will stop and we may terminate your access to and use of the Platform and Services and invalidate all or any relevant access details. For the avoidance of doubt, without the right to use the Platform, you will be unable to order products under the Terms of Sale.
Termination of these Terms and Conditions will not affect:
• any rights, liabilities or obligations which accrued before such termination; or
• any of these Terms of Use that are intended to continue to have effect after such termination.
7. Terms of Sale
All sales of products via the Platform will be based on the Terms of Sale set out in this section 7 (Terms of Sale).
Please read these Terms of Sale carefully before you place an order. These Terms of Sale tell you how we will provide products to you, how you and we may change or end the contract of sale, what to do if there is a problem as well as additional important information.
7.1. About you
You must be 18 or over to accept these Terms of Sale on your own behalf, as well to purchase any products from us.
If you are under the age of 18: You should have your parent or legal guardian’s permission to purchase products from us. Please have them read these Terms of Sale with you.
If you are a parent or legal guardian of a user under the age of 18: By allowing your child to purchase products from us, you are subject to the terms of these Terms of Sale and responsible for your child’s purchases.
7.2. Order process
Placing your Order. Once you have placed your order for products on the Platform (“Order”), we will send to you an Order acknowledgement email detailing the products you have ordered. This is not an order confirmation or an acceptance of your Order by us. Your Order is an offer to buy a product or products from us and your offer will not be deemed to have been accepted by us until we have sent you a dispatch confirmation.
Accepting your Order. Our acceptance of your Order will take place when we email you to confirm that your Order has been dispatched from the distribution center at which point a contract will come into existence between you and us.
Whilst we try to minimize this as much as possible, there may be occasions where we are unable to accept your Order once it has been placed via the Platform. We will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline.
7.2.1. Our products
We attempt to be as accurate as possible in the description of the products displayed on the Platform. However, as the descriptions are based on information provided to us by the creators, we cannot guarantee that all details are always accurate, complete or error free. The images of the products on the Platform are for illustrative purposes only, and although we attempt to display colors accurately, we cannot guarantee that your computer"s display of the images accurately reflects the true color of the products.
The packaging of the product may vary from that shown in images on our Platform.
7.2.2. Order changes
If you wish to make a change to the product you have ordered, please contact us and we will let you know if the change is possible. Please note that we will do our best to make your requested change, but we cannot guarantee that we will be able to implement the change you have requested once you have placed an Order via the Platform.
If the change is possible, we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see section 7.9 (Termination of contract)).
7.2.3. SPAARKD"s right to make changes
We may make minor changes to the product:
• to reflect changes in relevant laws and regulatory requirements; and
• to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the product.
In addition, as we informed you in the description of the product on the Platform, we may make more significant changes to the product, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
7.3. Order dispatch
The costs of delivery will be as displayed to you on the Platform.
During the order process will let you know when we will provide the products and will deliver them to you as soon as reasonably possible. Please note that due to the "made to order" nature of our products, delivery will usually take between 14 and 21 days.
In any event, delivery will take place within 30 days after the day on which we accept your order or if you have selected a specific delivery date during the order process, by the delivery date agreed between us.
If our supply of the products is delayed by an event outside our control, we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
7.4. Order delivery
If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will ensure that our third-party carriers inform you of how to rearrange delivery or collect the products from a local depot.
If you do not collect the products from us or our third-party carriers as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery we may end the contract and section 7.12 (Our rights to end the contract) will apply.
7.5. Late delivery
You have legal rights if we deliver any goods late in accordance with the delivery times set out in section 7.3 (Order dispatch) above. If we miss the delivery deadline for any goods, then you may treat the contract as at an end straight away if any of the following apply:
• we have refused to deliver the products;
• delivery within the delivery deadline was essential (considering all the relevant circumstances); or
• you told us before we accepted your Order that delivery within the delivery deadline was essential.
If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under this section 7.5 you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
If you do choose to treat the contract as at an end for late delivery under this section 7.5 you can cancel your Order for any of the products or reject products that have been delivered. If you wish, you can reject or cancel the order for some of those products (not all of them), unless splitting them up would significantly reduce their value.
After that, we will refund any sums you have paid to us for the cancelled products and their delivery. If the products have been delivered to you, you must post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please use our FAQs for information on how to initialize a return.
We will notify you in advance in case we suspend supply of the product unless the problem is urgent or an emergency. If we have to suspend the product for longer than 30 (thirty) days, you may contact us to end the contract, or tell you we are going to suspend it, in each case for a period of more than 30 (thirty) days and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract entered into between us.
7.6. Transfer of ownership
A product will be your responsibility from the time we deliver the product to the address you gave us. You own a product once we have received payment in full.
We may have to suspend the supply of a product to:
• deal with technical problems or make minor technical changes;
• update the product to reflect changes in relevant laws and regulatory requirements; or
• make changes to the product as requested by you or notified by us to you (see section 7.2.3 (SPAARKD"s right to make changes)).
7.7. Statutory rights in relation to returns
Whilst we aim to reduce returns (and the impact on our environment), we understand that there may be issues with your product or things may just not work out. Your rights under the Consumer Contracts Regulations 2013 will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
• If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back), see section 7.13 (Complaints or inquiries);
• If you have just changed your mind about the product, see section 7.8 (Refunds) you may be able to get a refund if you are within the 14-day cooling-off period, but this may be subject to deductions.
• If you want to end the contract because of something we have done or have told you we are going to do, see clause below in this section 7.9 (Termination of contract); or
If you are ending a contract for a reason set out below, the contract will end immediately, and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
• we have told you about an upcoming change to the product or these Terms and Conditions which you do not agree to (see section 7.2.3 (SPAARKD"s right to make changes)).
• we have told you about an error in the price or description of the product you have ordered, and you do not wish to proceed;
• there is a risk that supply of the products may be significantly delayed because of events outside our control;
• we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 (thirty) days; or
• you have a legal right to end the contract because of something we have done wrong (including because we have delivered late (see section 7.5 (Late delivery)).
7.8. Refunds
You may be entitled to change your mind within 14 days and receive a refund under the Consumer Contracts Regulations 2013.
However, please note that you do not have the right to change your mind in respect of:
• products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; and
• products that are made to your specifications or are clearly personalized (including, but not limited, to products that you may have customized using the Studio feature of the Platform).
You have 14 days after the day you (or someone you nominate) receives the products unless your products are split into several deliveries over different days. In this case, you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the products.
7.9. Termination of contract
To terminate your contract with us, please use the settings section on the Platform or visit our FAQs to find out more.
If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must post them back to us at Petratex - Confecções, S.A., (SPAARKD), R. do Bande 429, Carvalhosa, Portugal, 4590-049, or (if they are not suitable for posting) allow us to collect them from you. Please use our contact form to request a return label. If you are exercising your right to change your mind, you must send off the goods within 14 days of telling us you wish to end the contract.
7.10. Cost of returning products
We will pay the costs of return:
• if the products are faulty or misdescribed; or
• if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are exercising your right to change your mind), we may ask you to pay the costs of return.
If you are responsible for the costs of return and we are collecting the product from you, we may charge you the direct cost to us of collection. The costs of collection will be the same as our charges for standard delivery.
7.11. Processing refunds
We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below. If you are exercising your right to change your mind:
• We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the products if this has been caused by your handling them in a way which would not be permitted in a physical shop. If we refund you the price paid before we can inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
• The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.
We will make any refunds due to you as soon as possible.
If you are exercising your right to change your mind and we have not offered to collect them, we will aim to make your refund as soon as possible from when receive the product back from you.
7.12. Our rights to end the contract
We may end the contract for a product at any time by writing to you if:
• you do not make any payment to us when it is due, and you still do not make payment within 30 (thirty) days of us reminding you that payment is due;
• you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, your size; or
• you do not, within a reasonable time, allow us to deliver the products to you.
If we end the contract in the situations set out in this section 7.12 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
7.13. Complaints or inquiries
If you have any questions or complaints about the product, please visit our FAQs or contact us via our customer service contact form.
We are under a legal duty to supply products that are in conformity with this contract. Please find your key legal rights in relation to the product below. Nothing in these terms will affect your legal rights.