Welcome to Tip-Spark. These Terms of Service ("Terms") govern your access to and use of our website, products, and services. Please read these Terms carefully as they form a legally binding agreement between you and Tip-Spark Ltd. ("Tip-Spark," "we," "us," or "our").
By accessing or using our website, purchasing our products, or using our services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our website or purchase our products.
1. Acceptance of Terms
By accessing and using our website, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy and Cookie Policy, which are incorporated by reference.
We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting the updated Terms on our website. Your continued use of our website after such changes constitutes your acceptance of the revised Terms.
2. Eligibility
You must be at least 18 years old to access our website, purchase our products, or use our services. By using our website and/or purchasing our products, you represent and warrant that:
- You are at least 18 years old;
- You have the legal capacity to enter into a binding agreement;
- You will use our website and products in accordance with these Terms;
- You are not prohibited from receiving our products under applicable laws.
3. Account Registration
To access certain features of our website or to make a purchase, you may need to create an account. When you create an account, you agree to:
- Provide accurate, current, and complete information;
- Maintain and promptly update your account information;
- Keep your password confidential and secure;
- Accept responsibility for all activities that occur under your account;
- Notify us immediately of any unauthorized use of your account or any other breach of security.
We reserve the right to terminate or suspend your account at our discretion without notice if we believe you have violated these Terms or if your conduct may harm us or others, causes legal liability, or disrupts others' use of our services.
4. Products and Purchasing
4.1 Product Descriptions
We strive to ensure that all information on our website about our products is accurate and complete. However, we do not warrant that product descriptions, images, pricing, or other content is accurate, complete, reliable, current, or error-free. In the event of a pricing error, we reserve the right to cancel any orders placed for products listed at an incorrect price.
4.2 Orders and Payment
When you place an order, you offer to purchase the product(s) at the price stated. We reserve the right to accept or decline your offer for any reason. After placing an order, you will receive an acknowledgment email confirming receipt of your order. This email is not an acceptance of your order.
Payment must be made by one of the methods specified on our website. By providing payment information, you represent and warrant that you are authorized to use the designated payment method and authorize us to charge your payment method for the total amount of your order (including any applicable taxes and shipping charges).
4.3 Shipping and Delivery
We will make every effort to deliver products within the estimated timeframes. However, delivery times are not guaranteed, and delays may occur due to factors beyond our control. We are not liable for any delays in delivery.
Risk of loss and title for items purchased pass to you upon delivery of the items to the shipping carrier. You are responsible for ensuring that someone is available to receive the delivery at the designated address.
4.4 Returns and Refunds
Our returns and refunds policy allows you to return unused, unopened products in their original packaging within 30 days of delivery for a full refund. Custom orders and certain hygiene products may not be eligible for return. To initiate a return, please contact our customer service team.
Refunds will be processed back to the original payment method used for the purchase. Please allow 5-10 business days for the refund to be credited to your account.
5. Intellectual Property Rights
All content, features, and functionality on our website, including but not limited to text, graphics, logos, button icons, images, audio clips, data compilations, and software, are owned by or licensed to Tip-Spark and are protected by UK and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our website without our prior written consent, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
- You may store files that are automatically cached by your web browser for display enhancement purposes;
- You may print or download one copy of a reasonable number of pages of the website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
6. Prohibited Uses
You agree not to use our website or services:
- In any way that violates any applicable law or regulation;
- To transmit or procure the sending of any advertising or promotional material without our prior consent, including any "junk mail," "chain letter," "spam," or similar solicitation;
- To impersonate or attempt to impersonate Tip-Spark, a Tip-Spark employee, another user, or any other person or entity;
- To engage in any conduct that restricts or inhibits anyone's use or enjoyment of the website, or which may harm Tip-Spark or users of the website;
- To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the website, the server on which the website is stored, or any server, computer, or database connected to the website;
- To attack the website via a denial-of-service attack or a distributed denial-of-service attack;
- To use any robot, spider, or other automatic device, process, or means to access the website for any purpose, including monitoring or copying any of the material on the website;
- To use the website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the website.
7. Product Warranty and Disclaimers
7.1 Product Warranty
All Tip-Spark products come with a 3-year limited warranty against defects in materials and workmanship under normal use. This warranty does not cover damage due to misuse, abuse, accidents, or normal wear and tear. To make a warranty claim, please contact our customer service team with proof of purchase.
7.2 Disclaimers
Except as expressly stated in our warranty policy, our website, products, and services are provided on an "as is" and "as available" basis. To the fullest extent permitted by law, we disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
We do not warrant that our website, products, or services will meet your requirements, be uninterrupted, timely, secure, or error-free, or that defects will be corrected. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any content on the website.
The information provided on our website regarding massage therapy and health benefits is for general informational purposes only and is not intended as medical advice. Always consult a qualified healthcare provider before using any massage device if you have any medical conditions or concerns.
8. Limitation of Liability
To the fullest extent permitted by law, in no event shall Tip-Spark, its directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
- Your access to or use of or inability to access or use our website, products, or services;
- Any conduct or content of any third party on the website;
- Any content obtained from the website;
- Unauthorized access, use, or alteration of your transmissions or content.
In no event shall our total liability to you for all claims exceed the amount paid by you to us during the 12 months preceding the event giving rise to the liability.
These limitations do not affect any liability that cannot be excluded or limited under applicable law, such as liability for death or personal injury caused by our negligence or liability for fraud or fraudulent misrepresentation.
9. Indemnification
You agree to defend, indemnify, and hold harmless Tip-Spark, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the website, including, but not limited to, any use of the website's content, services, and products other than as expressly authorized in these Terms.
10. Governing Law and Dispute Resolution
These Terms are governed by and construed in accordance with the laws of England and Wales, without giving effect to any choice of law or conflict of law provisions.
Any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the courts of England and Wales, and you hereby consent to the personal jurisdiction and venue of such courts.
Before initiating any legal action, we encourage you to contact us directly to try to resolve any disputes amicably.
11. Severability
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
12. Termination
We may terminate or suspend your access to our website immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.
All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
13. Entire Agreement
These Terms, our Privacy Policy, and our Cookie Policy constitute the entire agreement between you and Tip-Spark regarding your use of our website and supersede all prior and contemporaneous written or oral agreements between you and Tip-Spark.
14. Contact Information
If you have any questions about these Terms, please contact us at:
Tip-Spark Ltd.
123 Wellness Street
London, SW1A 1AA
United Kingdom
Email: [email protected]
Phone: +44 20 1234 5678