Miss Sparkling Terms and Conditions
The following documentation contains important information regarding user rights and obligations. The documentation also contains conditions, limitations, and exclusions which may apply to our users. Please read these terms carefully and in full.
Accepting and Cancelling Orders
Under these terms, you agree that each order is an offer by you to buy or purchase the products and services listed in your Miss Sparkling order. Each order must be accepted by Miss Sparkling, or we will not be able to sell the products or services listed in your order. Miss Sparkling reserves the sole discretion to limit the quantities of any product which may be purchased on a per person and per order basis. Orders may not be accepted at our sole discretion, even if you have received a confirmation email, order number, or details of the items you have ordered.
Pricing and Payment Terms
- Any costs, discounts, or promotions posted on Miss Sparkling are subject to change without any notice. All charges, including taxes; shall be added to your total cost and will be itemized in your shopping cart. You will also receive your order in a confirmation email. While Miss Sparkling strives to provide accurate pricing information, there may be occasional errors in spelling or omissions related to our pricing or availability.
- Promotions may be offered periodically on the site. These may affect pricing and terms in this agreement. Should this occur, the promotional terms would override the terms found in this document.
- Sole discretion for the terms of payment falls on Miss Sparkling, unless we otherwise agree in writing; we must receive the payment before accepting an order. We do accept all major debit and credit cards for all purchases. Your use of a credit card ensures us that (i) the payment information you provide is complete, correct and true (ii) you are the owner, or are authorized by the owner to use the card. (iii) costs incurred on this card shall be honored by the credit card firm, (iv) the posted prices of your purchase are the final say in cost, including shipping; as well as all applicable taxes.
Shipment terms and Risk of Loss
All shipment of products will be arranged by Miss Sparkling. Specific delivery options are available on individual product pages. All shipping and handling charges specified during the ordering process must be paid before the shipment of your order. These costs cover our end for processing, handling, shipping, and delivery.
Manufacture’s Disclaimers and Warranty
Miss Sparkling may work with some manufacturers to create some of the products or services offered through the website. The availability of these products or services through the site does not indicate an affiliation or endorsement of any product or manufacturer. We do not provide any warranties at this time with respect to products and services offered on our Site. However, some may be subject to manufacturer warranty or applicable warranty laws. Limited time warranty may be available for certain products.
As a user, you understand that the products or services displayed on the website are provided “as is,” or as shown. We do not offer any warranty whatsoever unless otherwise provided by local law jurisdictions with include (A) warranty of merchantability, (B) warranty for a particular purpose, or (C) Warranty against the infringement of intellectual property rights of a third party. This can be implied or express, by law during the course of trade, usage, performance, dealing or otherwise. In certain jurisdictions, the above disclaimer might not be allowed or may simply not be applied to you at this time. Under any circumstances, Miss Sparkling is NOT liable under any circumstances for any breach of warranty claims or any damages which may arise out of the manufacturer’s failure to honor its warranty obligations.
Under no circumstances shall Miss Sparkling be held liable to its users, or any third party for any consequential, indirect, incidental, special, punitive, or enhanced damages, as well as lost profits and revenues arising from any breach of these terms and conditions. This term is applied regardless of (A) whether any of the damages were foreseeable, (B) whether or not we were informed of the possibility of such damage, or (C) the equitable or legal documentation on which the claim is made.
Intellectual Property Usage
By agreeing to the terms and conditions, you acknowledge and agree that
- All materials, photographs, videos, designs, drawings, sketches, or any other information and content; including our products and services on the website, are the sole property and are exclusive to Miss Sparkling and any of its affiliates. Additionally, any copyrights, patents, trade secrets, trademarks, or any other intellectual property is covered under these terms and owned by Miss Sparkling.
- You agree you will not copy, publish, or distribute any of Miss Sparkling’s intellectual property. Unless valid written consent is received, Miss Sparkling’s intellectual property is not to be used, even in the case of commercial use.
Governing Laws and Jurisdictions
Miss Sparkling is operated from the U.S. All terms and conditions herein this document are construed and governed as per the law of the State of California. Please note these laws are subject to change at the discretion of the state, and not at the discretion of Miss Sparkling. Our website may change as per the laws and jurisdiction of the State of California.
No third-party beneficiaries. These clauses mentioned in the document may not be intended to remove or imply the remedies or rights on any individual, other than the end-user reviewing this documentation at this present time.
- To our users. We may send notification of these terms and conditions by: (i) a message to your email address, (ii) or by sharing it on our site. Notices which we send by email will be effective upon the time the email has been sent. Notices we send via posting are effective upon updating. It is the user’s responsibility to ensure the email address on file is current.
- Under any circumstances, our team can be given notice to these terms. We can be contacted by either: (i) email; or (ii) certified mail, overnight courier, a personal delivery sent to us. Our email and mailing address may be updated periodically. Users will receive notification when such changes occur.
Severability: Should any of these provisions in our terms be seen as void, illegal or invalid, unenforceable; then that clause shall be deemed severed. However, while we may do away with one of our terms in special circumstances, the rest of these clauses would still stand.