TERMS OF USE
LAST UPDATED: SEPTEMBER 11, 2018
Welcome to www.sparkdeco.com. Specialty-imports.Inc (“GIA Design Group”or “GIA Furniture”), provides website features and other services to you when you visit or shop at the sparkdeco.com, use sparkdeco.com, or use software provided by GIA Design Group in connection with sparkdeco.com (collectively, "GIA Design Group Services"). GIA Design Group provides the GIA Design Group Services subject to the following conditions. Your use of this website is governed by these conditions of use. Please read them carefully. Your use of GIA Design Group Services constitutes your agreement to follow these rules and to be bound by them.
GIA Design Group reserves the right to update or modify these terms and conditions at any time without prior notice. For this reason, we encourage you to review these terms and conditions each time you use this website.
PRIVACY
Please review this Privacy Policy, which also governs your use of the GIA Design Group Services, to understand GIA Design Group's practices.
ELECTRONIC COMMUNICATIONS
When you use GIA Design Group Services or send an email to GIA Design Group, you are communicating with GIA Design Group electronically and therefore consent to receiving communications from GIA Design Group electronically. GIA Design Group will communicate with you by email or by posting notices on the GIA Design Group, or through other GIA Design Group Services. You agree that all agreements, notices, disclosures, and other communications that GIA Design Group provides to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT
All content included in or made available through GIA Design Group Services—such as text, design, graphics, logos, photographs and images, button icons, audio clips and digital downloads—is the property of GIA Design Group or its content suppliers, and is protected by American and international copyright laws. The compilation of all content included in or made available through any GIA Design Group Service is the exclusive property of GIA Design Group and protected by American and international copyright laws.
TRADEMARKS
Graphics, logos, page headers, button icons, scripts, and service names included in or made available through GIA Design Group Services are trademarks or trade dress of GIA Design Group, in USA and other countries. GIA Design Group’s trademarks and trade dress may not be used in connection with any product or service that is not GIA Design Group's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits GIA Design Group. All other trademarks not owned by GIA Design Group that appear in the GIA Design Group Services are the property of their respective owners, who may or may not be connected to, or sponsored by GIA Design Group.
LICENCE AND ACCESS
Subject to your compliance with these Conditions of Use and your payment of any applicable fees, GIA Design Group or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and make personal and non-commercial use of GIA Design Group Services. This licence does not include any resale or commercial use of GIA Design Group Services or their contents; any collection and use of any product listings, descriptions, or prices; any derivative use of GIA Design Group Services or their contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data-gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use are reserved and retained by GIA Design Group or its licensors, suppliers, publishers, rightsholders, or other content providers. GIA Design Group Services, or any part of GIA Design Group Services, may NOT be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of GIA Design Group. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of GIA Design Group without express written consent. You may not use any meta tags or any other "hidden text" utilizing GIA Design Group's name or trademarks without the express written consent of GIA Design Group. You may not misuse GIA Design Group Services. You may use GIA Design Group Services only as permitted by law. The licenses granted by GIA Design Group will terminate if you do not comply with these Conditions of Use.
YOUR ACCOUNT
If you use sGIA Design Group Services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under the age of majority in your province of residence, you may use the GIA Design Group Services only with involvement of a parent or guardian. GIA Design Group reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at its sole discretion.
COMMUNICATIONS AND OTHER CONTENT
Visitors may submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content.
If you do submit material, and unless GIA Design Group indicates otherwise, you grant GIA Design Group a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicencable right to use, produce, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, communicate to the public by telecommunications and display such content throughout the world in any media. You grant GIA Design Group the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify GIA Design Group for all claims resulting from content you supply.
RISK OF LOSS
Risk of loss and title for items purchased from GIA Design Group pass to you upon our delivery to the carrier.
RETURNS, REFUNDS, EXCHANGES AND TITLE
GIA Design Group does not take title to returned items until the item arrives at GIA Design Group's Distribution Centre. At GIA Design Group's discretion, a refund may be issued without requiring a return. In this situation, GIA Design Group does not take title to the refunded item. For more information about returns and refunds, please see GIA Design Group's Returns & Exchanges Policy.
PRODUCT AVAILABILITY
GIA Design Group reserves the right without prior notice to discontinue or change specifications on products and services offered on this website without incurring any obligations.
PRODUCT DESCRIPTIONS
GIA Design Group attempts to be as accurate as possible. However, GIA Design Group does not warrant that product descriptions or other content of GIA Design Group Services is accurate, complete, reliable, current, or error-free. If a product offered by GIA Design Group itself is not as described, your sole remedy is to return it in an unused condition.
PRODUCT COLORS
GIA Design Group does its best to display product colors shown on this website as accurately as possible. However, because the colors you see depend on your monitor, GIA Design Group cannot guarantee that your monitor’s display of any color is accurate. GIA Design Group will not be held responsible for any discrepancies between the color displayed for any given product on sparkdeco.com and the actual perceived color for this product itself.
PRODUCT PRICING
All prices shown on this site are quoted in US dollars and are valid and effective in the United States only. GIA Design Group reserves the right to modify retail prices at any time and without prior notice. All prices indicated exclude taxes, delivery and assembly.
With respect to items sold by sparkdeco.com, GIA Design Group cannot confirm the price of an item until you order. Despite GIA Design Group’s best efforts, a small number of the items in the sparkdeco.com catalog may be mispriced. If an item's correct price is higher than the sparkdeco.com stated price, GIA Design Group will, at its discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
GIA DESIGN GROUP'S WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH SPARKDECO.COM ARE PROVIDED BY GIA DESIGN GROUP ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. GIA DESIGN GROUP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SPARKDECO.COM WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH SPARKDECO.COM, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SPARKDECO.COM WEBSITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, GIA DESIGN GROUP DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. GIA DESIGN GROUP DOES NOT WARRANT THAT THE SPARKDECO.COM WEBSITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE GIA DESIGN GROUP WEBSITE; ITS SERVERS, ELECTRONIC COMMUNICATIONS, OR E-MAIL SENT FROM SPARKDECO.COM SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SPARKDECO.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF SPARKDECO.COM SERVICES OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH SPARKDECO.COM SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
APPLICABLE LAW AND DISPUTES
Any dispute or claim relating in any way to your use of sparkdeco.com Services, or to any products or services sold or distributed by GIA Design Group or through sparkdeco.com Services will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
GIA Design Group and you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration GIA Design Group and you each waive any right to a jury trial. GIA Design Group and you also both agree that you or GIA Design Group may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
GIA Design Group and you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration GIA Design Group and you each waive any right to a jury trial. GIA Design Group and you also both agree that you or GIA Design Group may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
GIA Design Group reserves the right to make changes to the sparkdeco.com, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.