Terms of service

OVERVIEW
This website is owned and operated by Spark of Light LLC (DBA Eternity Treasures).  Throughout the site, the terms “we”, “us” and “our” refer to Spark of Light LLC (DBA Eternity Treasures). Spark of Light LLC (DBA Eternity Treasures) offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

Eligibility and Responsibility: By accepting these Terms of Service, you affirmatively declare and represent that you have reached the age of majority in your state or province of residence. If you are allowing a minor, for whom you have legal responsibility, to use this site, you are thereby consenting to these Terms on their behalf. It is your responsibility to ensure that any such minor complies fully with these Terms.

Legal and Authorized Use: You are strictly prohibited from using our products or services for any activities that are illegal, unauthorized, or in violation of any applicable laws within your jurisdiction. This includes, but is not limited to, adherence to all copyright, intellectual property, and other regulatory laws. You are responsible for understanding and complying with all relevant laws pertaining to your use of our services.

Prohibition of Malicious Activities: Under no circumstances shall you engage in or facilitate the transmission of any harmful or destructive code or software, including viruses, worms, Trojan horses, or any other code that may be considered detrimental to the website, its functionality, our services, or other users. Such activities are strictly forbidden and will be pursued to the fullest extent of the law.

Enforcement and Termination: Any breach, non-compliance, or violation of these Terms will result in the immediate and irreversible termination of your access to our Services. We reserve the right to take any necessary legal action in response to breaches or violations, including, but not limited to, seeking damages, injunctive relief, and legal costs. Decisions regarding the enforcement of these Terms are at our sole discretion and are final.

SECTION 2 - GENERAL CONDITIONS

Service Discretion: We unequivocally reserve the right to refuse or discontinue service to any individual or entity at any time, for any reason we deem appropriate, without the obligation to disclose or explain our reasoning. This decision is solely at our discretion and is final.

Data Transfer and Security: You acknowledge and consent to the fact that your content (excluding credit card information) may be transferred unencrypted during various stages of processing. This transfer may involve (a) transmissions across various networks with differing levels of security and (b) necessary modifications to conform and adapt to the technical requirements of connecting networks or devices. Rest assured, credit card information is always encrypted and securely handled during transfer over networks.

Restrictions on Use: You are expressly prohibited from reproducing, duplicating, copying, selling, reselling, or otherwise exploiting any aspect of the Service, including but not limited to the use of the Service, access to the Service, or any contact on the website through which the service is provided. This prohibition extends to all content, products, and services available through the Service, unless you obtain our prior written permission. Unauthorized use or exploitation of the Service or its contents may result in legal action.

Validity of Agreement Headings: The headings and titles used in this agreement are provided for convenience and ease of reference only. They do not signify any legal effect and will not limit or affect the interpretation or application of the terms and conditions herein.

SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

Disclaimer of Liability for Information Accuracy: We explicitly disclaim any responsibility for the accuracy, completeness, or currentness of the information provided on this site. The material and information on the site are offered for general informational purposes only and are not exhaustive or comprehensive. It is your sole responsibility to verify the information on this site before relying on it. Any decisions made based on the information provided on this site are taken at your own risk, without liability to Spark of Light LLC (DBA Eternity Treasures).

Use of Historical Information: The site may present historical data or information, which is inherently not current and is provided solely for your reference. Historical information is not indicative of current conditions and should not be relied upon as such.

Content Modification Rights: Spark of Light LLC (DBA Eternity Treasures) reserves the right, at our sole discretion, to modify, change, or remove any content on this site at any time, without obligation or responsibility to update or correct any information. We are under no obligation to keep the information on our site comprehensive, complete, or up-to-date.

User Responsibility for Monitoring Changes: You, as a user, agree that it is your responsibility to monitor and review any changes or updates to the content on our site.Spark of Light LLC (DBA Eternity Treasures) is not liable for any failure on your part to stay informed about such changes or updates.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Price Adjustments: We assert our unequivocal right to adjust the prices of our products at our sole discretion and without prior notice. You acknowledge and agree that price changes may occur at any time and without any obligation on our part to provide advance notice. This applies to all our products and services.

Service Modification Rights: Spark of Light LLC (DBA Eternity Treasures) reserves the unrestricted right to modify, suspend, or discontinue any aspect of the Service, including but not limited to content, features, or availability, at any time and without any prior notice. This may involve changes to or the removal of certain services or offerings.

Absence of Liability for Changes: Under no circumstances shall Spark of Light LLC (DBA Eternity Treasures) be liable to you or any third party for any effects, losses, or damages resulting from our modification, price change, suspension, or discontinuance of the Service. By using our Service, you agree to this condition and understand that our decisions regarding Service modifications are final and binding.

Compare at Price (Strikethrough Price) Disclaimer

The "Compare at Price" (often displayed as the strikethrough price) featured on our website serves exclusively as informational content and must not be misconstrued as a Manufacturer's Suggested Retail Price (MSRP) or an indication of the item's current market value. We provide the "Compare at Price" with the following clarifications:

  1. Previous Listed Price: The "Compare at Price" represents the actual price at which the item was previously listed on our website. While this price was listed, it may or may not have been sold at that exact price. It provides customers with historical data regarding the product's past pricing, and it does not imply any particular value, appraisal, or recommendation.
  2. Comparable Item Price: Alternatively, the "Compare at Price" may be derived from the price of a comparable item offered on our website. This comparison aims to facilitate customer evaluation of the product's relative worth compared to similar items available in our catalog. It does not constitute an official valuation or pricing endorsement.

The "Compare at Price" is not intended as a definitive pricing guide or as an offer to sell the item at that price. Our pricing may fluctuate over time, and we retain the prerogative to adjust prices as deemed necessary.

We expressly disclaim any responsibility for the accuracy of the "Compare at Price" or the validity of comparisons made with other items. Customers are encouraged to verify the current, non-"Compare at Price" of the item before making a purchase decision.

Customers should refrain from relying solely on the "Compare at Price" or its comparison to other products for pricing assessments. We shall not be held liable for any consequences, claims, damages, or losses arising from such reliance.

For any questions, concerns, or for additional clarification regarding our pricing practices, please consult legal counsel or contact our customer support team.


SECTION 5 - PRODUCTS OR SERVICES

Availability and Limitations: Certain products or services may be exclusively available online through our website. These offerings may have limited quantities and are subject to our Return Policy, which governs returns and exchanges. By purchasing these products or services, you agree to adhere to these limitations and our Return Policy.

Accuracy of Product Representation: While we strive for accuracy in the display and representation of our products, including color and images, we cannot guarantee that such displays on your computer monitor or device will be precise or error-free. Spark of Light LLC (DBA Eternity Treasures) is not responsible for any discrepancies between the product's appearance online and its actual appearance.

Sales Limitations and Rights: We reserve the irrevocable right to limit the sales of our products or services to any individual, geographic region, or jurisdiction, and may exercise this right on a case-by-case basis. Furthermore, we reserve the right to limit the quantities of any products or services we offer. All product descriptions and pricing are subject to change at any time without notice, at our sole discretion. We also reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is null and void where prohibited by law.

No Warranties on Service and Product Quality:Spark of Light LLC (DBA Eternity Treasures) does not guarantee or warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations. We expressly disclaim any responsibility for errors or inaccuracies in the Service, and any commitment to correct such errors.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

Order Acceptance and Limitations: We unequivocally reserve the right to refuse or cancel any order you place with us, at our sole discretion. We may limit or cancel quantities purchased per person, per household, or per order, which may include orders placed under the same customer account, using the same credit card, and/or sharing the same billing and/or shipping address. Our decisions in this regard are final and not subject to dispute.

Notification of Order Changes: In the event of a modification or cancellation of an order, we may, but are not obligated to, attempt to notify you by contacting the e-mail, billing address, or phone number provided at the time of the order. However, it is your responsibility to provide accurate and current contact information to ensure receipt of such notifications.

Restriction on Bulk Purchases: We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, distributors, or any parties engaged in unauthorized bulk purchasing. We are committed to ensuring fair access to our products for all our customers, and as such, we strictly enforce policies against bulk purchasing.

Responsibility for Account Information: You are obligated to provide current, complete, and accurate purchase and account information for all transactions conducted at our store. You are responsible for promptly updating your account and other relevant information, including your email address, credit card numbers, and expiration dates, to facilitate successful transactions and enable us to contact you as needed.

Reference to Returns Policy: For detailed information on returns, please refer to our Returns Policy. Your agreement to these Terms of Service includes an agreement to adhere to the Returns Policy.

SECTION 7 - OPTIONAL TOOLS AND THIRD-PARTY APPS

Access to Third-Party Tools and Apps: We may offer you access to third-party tools and apps, particularly those integrated with our Shopify store. These are provided "as is" and "as available," without warranties, representations, or conditions of any kind. We neither monitor nor have any control or input over these third-party tools and apps.

a. Disclaiming Liability for Third-Party Tools and Apps: We disclaim any liability arising from or related to your use of optional third-party tools and apps. Your use of these tools and apps is entirely at your own risk and discretion. It is your responsibility to familiarize yourself with and accept the terms under which these tools are provided by the respective third-party providers.

b. No Endorsement of Third-Party Tools: While we may provide access to these tools and apps, it does not imply endorsement. We are not responsible for any harm, damages, data breaches, or adverse effects resulting from the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party tools, including those integrated into our Shopify store.

c. User Responsibility for Third-Party Agreements: You acknowledge that when using third-party tools or apps, you are subject to the terms and conditions and privacy policies of these third parties. We encourage you to read these documents thoroughly before proceeding with any transaction.

Future Features and Services: We continuously update our offerings, which may include new features, services, tools, and apps.

a. Inclusion in Terms of Service: All new features, services, tools, and apps introduced in the future will be subject to these Terms of Service.

b. Notification of New Offerings: While we may introduce new tools, resources, and apps on our website and within our Shopify store, it is your responsibility to stay updated about our latest offerings.

c. Ownership of Feedback: Any feedback or suggestions about our services, tools, or apps are welcome. However, you agree that we may use this feedback without obligation or compensation to you, and we retain ownership of all such submissions.

SECTION 8 - THIRD-PARTY LINKS

General Disclaimer for Third-Party Links: Our Service may include content, products, and services that incorporate materials from third-party sources. It is important to understand that third-party links on our site may direct you to websites not affiliated with Spark of Light LLC (DBA Eternity Treasures). We do not endorse, monitor, or have any control over these external websites.

a. No Responsibility for Third-Party Content: We do not assume responsibility for examining or evaluating the content or accuracy of any third-party materials or websites. Accordingly, we will not bear any liability or responsibility for any third-party materials, websites, or for any other materials, products, or services offered by third parties.

b. Liability Disclaimer for Third-Party Interactions: You agree that Spark of Light LLC (DBA Eternity Treasures) is not liable for any harm, damages, losses, or negative consequences resulting from your purchase or use of goods, services, resources, content, or any transactions made in connection with any third-party websites. Your interactions with third-party websites, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and the third-party.

c. User Responsibility and Due Diligence: We encourage you to review the policies, practices, and terms of any third-party site before engaging in any transaction. Ensure that you understand their terms and conditions before proceeding. Spark of Light LLC (DBA Eternity Treasures) will not be involved in resolving any disputes or issues arising from your transactions with third parties.

d. Directing Concerns to Third Parties: Any complaints, claims, concerns, or questions regarding third-party products or services should be directed to the respective third-party, not to Spark of Light LLC (DBA Eternity Treasures).

Caution and User Discretion Advised: We advise caution and encourage you to exercise your discretion when leaving our site or interacting with any third-party links. By using third-party links, you do so at your own risk and agree that your use of any third-party sites and resources is subject to their respective terms and policies.

SECTION 9 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

Rights to User Submissions: If you, at our request, submit specific materials (such as contest entries) or if you send us creative ideas, suggestions, proposals, plans, or other materials without our request, whether online, by email, postal mail, or otherwise (collectively referred to as 'comments'), you grant Spark of Light LLC (DBA Eternity Treasures) the full rights to use these comments freely and for any purpose. This includes, but is not limited to, the rights to edit, copy, publish, distribute, and translate these comments across any medium.

a. No Obligations Regarding Comments: We are under no obligation to (1) maintain any comments in confidence; (2) respond to any comments; or (3) provide compensation or any form of reimbursement in any manner for your comments, regardless of the usage or commercial value derived from them.

b. Discretion Over Content: We reserve the right, but are not obligated, to monitor, edit, or remove content that, in our sole discretion, we determine to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, objectionable, or in violation of any party’s intellectual property rights or these Terms of Service.

User Responsibilities and Representations: By submitting comments, you agree and represent that:

  • Your comments do not and will not infringe upon the rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights.
  • Your comments are not libelous, unlawful, abusive, obscene, and do not contain any computer virus or malware that could in any way impact the operation of the Service or any related website.
  • You will not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any comments.
  • You are solely responsible for the comments you make and their accuracy.Spark of Light LLC (DBA Eternity Treasures) assumes no responsibility and holds no liability for any comments posted by you or any third party.

Indemnification for User Comments: You agree to indemnify and hold harmless Spark of Light LLC (DBA Eternity Treasures) from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these representations or the use of any comments submitted by you.

SECTION 10 - PERSONAL INFORMATION

Handling of Personal Information: The submission and handling of personal information through our store are of utmost importance to Spark of Light LLC (DBA Eternity Treasures). We adhere to stringent protocols to ensure the privacy and security of your personal data.

a. Governance by Privacy Policy: All personal information collected and processed through our store is governed by our comprehensive Privacy Policy. We strongly advise that you review our Privacy Policy to understand our practices and your rights concerning personal information.

b. Consent to Privacy Policy: By using our store and submitting your personal information, you are granting your explicit consent to the collection, use, processing, and storage of your data as outlined in our Privacy Policy.

c. Data Security Commitment: While we are committed to protecting your personal information, it is important to note that no method of electronic storage or transmission over the internet is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal data, we cannot guarantee its absolute security.

d. Responsibility for Accuracy: You are responsible for ensuring that all personal information provided to us is accurate, complete, and current. We rely on the accuracy of the information you provide and are not responsible for any issues or liabilities that arise due to inaccurate or incomplete personal data.

e. Changes to Privacy Policy: We reserve the right to update or change our Privacy Policy at any time. We will always have the most current version of the policy accessible on our website. Your continued use of our services following any changes to the Privacy Policy constitutes your acceptance of those changes.

SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS

Authority to Correct Errors: In the event that our site or Service contains typographical errors, inaccuracies, or omissions, particularly relating to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability, Spark of Light LLC reserves the full right to correct any and all such issues. This authority extends to changing or updating information or cancelling orders if any information in the Service or on any related website is found to be inaccurate, at any time and without prior notice, including after an order has been submitted.

a. No Obligation for Timely Updates: We are under no obligation to maintain the currency or accuracy of information in the Service or on any related website. While we strive to present accurate and up-to-date information, occasional inaccuracies may occur.

b. No Assumed Update Commitment: The absence of a specific update or refresh date in the Service or on any related website should not be construed as an indication that all information has been modified or updated. We do not warrant the completeness or accuracy of the information presented and disclaim all liability for any inaccuracies that may be found.

c. Discretion in Order Management: In the case of errors in order processing due to inaccuracies or omissions on our site, we reserve the right to cancel such orders. We will endeavor to notify you in the event of such cancellations but are not obligated to provide detailed explanations or compensation beyond the refunding of any charges made for cancelled orders.

d. Customer Responsibility: It is the responsibility of the customer to review all aspects of their order, including pricing and product specifications, before finalizing the transaction. Spark of Light LLC is not liable for any consequences resulting from customer oversight or assumptions regarding the accuracy of the information provided.

SECTION 12 - PROHIBITED USES

Scope of Prohibitions: In alignment with the Terms of Service, certain uses of our site and its content are strictly prohibited. Engaging in any of the following activities will result in immediate termination of your access to our Service:

a. Unlawful Activities: Using the site for any unlawful purpose or soliciting others to perform or participate in unlawful acts.

b. Violation of Laws and Regulations: Violating any international, federal, provincial, state regulations, rules, laws, or local ordinances.

c. Infringement of Intellectual Property: Infringing upon or violating our intellectual property rights or those of others.

d. Offensive Behavior: Harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.

e. Misinformation: Submitting false or misleading information.

f. Malicious Code: Uploading or transmitting viruses or any other type of malicious code that may affect the functionality or operation of the Service, any related website, other websites, or the Internet.

g. Privacy Violations: Collecting or tracking the personal information of others.

h. Malicious Activities: Engaging in spam, phishing, pharming, pretexting, spidering, crawling, or scraping.

i. Obscene or Immoral Purposes: Using the site for any obscene or immoral purpose.

j. Security Interference: Interfering with or circumventing the security features of the Service, any related website, other websites, or the Internet.

Enforcement and Termination: Spark of Light LLC reserves the right to enforce these prohibitions vigorously. Violation of any of these prohibitions will result in immediate termination of your access to the Service and may lead to legal action against you. We take these rules seriously to maintain the safety and integrity of our site and our users.

Reporting Violations: If you become aware of any misuse of our Service or any security breach, please report it to us immediately. We are committed to ensuring a safe and secure online environment for all users.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

Service Use and Disclaimer of Warranties: You acknowledge that Spark of Light LLC does not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free. There is no warranty that the results obtained from the use of the service will be accurate, reliable, or meet your expectations.

a. Uninterrupted Service Not Guaranteed: We do not promise uninterrupted or flawless service, and you acknowledge that the service may be subject to delays, interruptions, errors, or other limitations.

b. No Warranties on Results: Any reliance on the results obtained from the use of our service is at your own risk. We do not warrant the accuracy or reliability of any information, content, or outcomes resulting from your use of our service.

Modification and Cancellation of Service: We reserve the right to modify, suspend, or discontinue the service at any time, with or without notice. You agree that Spark of Light LLC shall not be liable to you or to any third-party for any modification, suspension, or discontinuance of the service.

Limitation of Liability: 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 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, quality, fitness for a particular purpose, durability, title, and non-infringement.

a. Exclusion of Certain Damages: In no case shall Spark of Light LLC 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. This includes, 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.

b. Scope of Liability: The above exclusions or limitations of liability apply to the fullest extent permitted by law. In jurisdictions where exclusions or limitations of liability for consequential or incidental damages are not allowed, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

Broad Indemnification Obligations: As a user of our service, you agree to fully indemnify, defend, and hold harmless Spark of Light LLC (Eternity treasures) including our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from and against all claims, liabilities, costs, expenses, damages, and losses, including legal fees and expenses, arising out of or related to:

a. Your Breach of Terms: Any breach or alleged breach of these Terms of Service or the documents incorporated by reference here.

b. Violation of Laws or Rights: Your violation of any applicable law, regulation, or ordinance, or your infringement upon the rights of a third party, including but not limited to intellectual property rights, privacy rights, or publicity rights.

c. User-Generated Content: Any content, data, or material that you submit, post, or otherwise make available through our service, including any claims of infringement, libel, defamation, harassment, or other violations of law arising from such content.

d. Unauthorized Use: Your unauthorized use of our service or any information obtained through the service.

Legal Defense and Cooperation: In the event of any claim or legal proceeding against Spark of Light LLC, you agree to cooperate fully with us in the defense of any such claim or proceeding. You also agree not to settle any such claim without our prior written consent.

Proactive Measures to Mitigate Damage: You agree to take all necessary steps to mitigate damages immediately upon becoming aware of any such claim or legal proceeding.

SECTION 15 - SEVERABILITY

Enforceability of Provisions: In the event that any provision, or part thereof, of these Terms of Service is found to be unlawful, void, or for any reason unenforceable, such provision or part thereof shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

a. Maximal Enforceability: Any unenforceable provision shall be modified to reflect the parties' intention and enforced to the fullest extent permitted by applicable law, ensuring the original intent of the Terms is maintained as much as possible.

b. Continued Validity of Terms: This severability clause underscores our commitment to uphold the remaining valid provisions of these Terms of Service, ensuring the ongoing governance of our mutual obligations under these Terms.

SECTION 16 - TERMINATION

Survival of Obligations: The obligations and liabilities of both parties, incurred prior to the termination date, will survive the termination of this agreement for all intents and purposes. This includes any obligations or liabilities arising from transactions initiated prior to termination but completed thereafter.

Termination of Terms: These Terms of Service remain in effect unless and until terminated by either you or us.

a. Termination by User: You may terminate these Terms of Service at any time by informing us that you no longer wish to use our Services or when you cease using our site.

b. Termination by Spark of Light LLC: If, in our sole judgment, you breach or are suspected of breaching any term or provision of these Terms of Service, we reserve the right to terminate this agreement at any time without prior notice. Upon termination:

  • You will remain liable for all amounts due up to and including the date of termination.
  • We may deny you access to our Services, in whole or in part.

c. Post-Termination Effects: Termination of this agreement will not release you from any liabilities or obligations set forth in these Terms of Service that are expressly intended to survive termination or which, by their nature, should survive termination.

SECTION 17 - ENTIRE AGREEMENT

a. Completeness of Agreement: This Terms of Service, together with any other legal notices or additional terms and conditions or policies posted on our website, shall constitute the entire agreement between you and Spark of Light LLC concerning our services and products. This agreement supersedes and replaces any prior or contemporaneous discussions, agreements, representations, warranties, and understandings, whether written or oral, regarding the subject matter hereof.

b. No Reliance: You acknowledge that in entering into this agreement, you have not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance, or warranty (whether made negligently or innocently) other than as expressly set out in this agreement.

c. Binding Effect: This agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. No party may assign or transfer their rights or obligations under this agreement without prior written consent from the other party, except as otherwise expressly provided in these Terms.

d. Amendments: No amendment, modification, or waiver of any provision of this agreement shall be effective unless in writing and signed by both parties. The failure to exercise, or delay in exercising, a right, power, or privilege under this agreement shall not operate as a waiver; nor shall a single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof.

e. Electronic Agreement: You agree that a printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings, based upon or relating to these Terms, to the same extent, and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

SECTION 18 - GOVERNING LAW

a. Jurisdiction: These Terms of Service and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the State of Illinois, United States of America, without regard to its conflict of law principles.

b. Venue: By using our services, you agree that any dispute of any sort that might arise between you and Spark of Light LLC shall be adjudicated in any state or federal court in Cook County, Illinois, and you consent to exclusive jurisdiction and venue in such courts.

c. Compliance with Laws: You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of our service and your purchase of products or services through our site.

d. Legal Proceedings: In the event of any legal proceedings arising from this contract or from the services provided, the prevailing party shall be entitled to recover all reasonable attorneys' fees, costs, and disbursements in addition to any other relief to which the prevailing party may be entitled.

e. Interpretation: If any provision of these Terms of Service is deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

f. Amendments: We reserve the right to make changes to our site, policies, and these Terms of Service at any time. Your continued use of the site following any changes constitutes acceptance of those changes.

SECTION 19 - CHANGES TO TERMS OF SERVICE

Access to Current Terms: The most current version of the Terms of Service will always be available on this page for review. We encourage you to regularly consult this section to stay informed of any updates or modifications.

Company's Right to Modify Terms: Spark of Light LLC reserves the exclusive right, at our sole discretion, to update, change, or replace any part of these Terms of Service. We may do so by posting the updated terms on our website. These changes may be made at any time and without any obligation to provide specific notice of such changes.

a. Responsibility to Review Changes: It is your responsibility as a user to check our website periodically for any changes to the Terms of Service. Ignorance of the updated Terms does not exempt you from compliance.

b. Acceptance of Updated Terms: Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes your acceptance of those changes. If you do not agree to the updated Terms, you should discontinue the use of our Service and website.

c. Consequence of Non-Compliance: Failure to comply with the updated Terms of Service may result in termination of your access to our Service and additional legal action if necessary.

Effective Date of Changes: Changes or updates to these Terms become effective immediately upon their posting on our website and apply to all access to and use of the Service thereafter.

SECTION 20 - FORCE MAJEURE

a. Definition: In this agreement, a "Force Majeure" event refers to any occurrence beyond the reasonable control of either party which prevents or substantially hinders the performance of their obligations. This includes, but is not limited to, natural disasters (like earthquakes, floods, and hurricanes), acts of terrorism, civil unrest, war, strikes, labor disputes, epidemics, pandemics, governmental actions, interruptions or failures in the supply chain, transportation disruptions, and failures in delivery and shipping infrastructure.

b. Notification and Suspension of Services:

  • Timeliness of Notification: The affected party will endeavor to notify the other of the occurrence of a Force Majeure event as soon as reasonably possible, considering the nature of the event and the urgency of the situation. We recognize that immediate communication may not always be feasible due to the circumstances surrounding the event.
  • Method of Communication to Customers: In the event of a Force Majeure that impacts our logistics, shipping, or delivery services, we will notify customers of potential delays or disruptions. This notification may be made through our website, email alerts, social media, or other appropriate communication channels as soon as practical.
  • Service Suspension: During the period of a Force Majeure event, the fulfillment and delivery obligations affected by such circumstances will be suspended. We will take reasonable steps to resume normal operations as soon as the situation allows.

c. Mitigation and Continuation: The affected party agrees to make all reasonable efforts to mitigate the effects of the Force Majeure event and to resume the performance of their obligations as soon as possible. This may include utilizing alternative delivery methods, supply chains, or logistics solutions.

d. Extended Force Majeure: If the Force Majeure event extends beyond [X days/weeks/months], either party may, at its discretion, terminate the affected services or the entire agreement without any financial penalty. In such cases, the parties will work together in good faith to resolve any outstanding issues, including the adjustment and settlement of any payments for services rendered or products delivered.

e. Customer Communication: We commit to maintaining transparent and timely communication with our customers regarding the status of their orders and any impact on delivery and service expectations due to the Force Majeure event.

SECTION 21 - DELIVERY TIMES

a. Estimated Delivery Dates: All delivery dates provided on Spark of Light LLC (Eternity Treasures) website or through other communications are estimates only. We strive for timely delivery, but actual delivery times may vary due to factors such as production delays, stock availability, logistical challenges, or other unforeseen circumstances.

b. Carrier Delays and Unforeseen Events: Spark of Light LLC (Eternity treasures) shall not be held responsible for any delays in delivery caused by third-party carriers or unforeseen events. These may include, but are not limited to, natural disasters (e.g., earthquakes, hurricanes, floods), severe weather conditions, strikes, labor disputes, acts of terrorism, global pandemics, customs delays, and other factors beyond our control that may impact the transportation and delivery of your order.

c. Limitation of Liability for Delivery Issues: By placing an order with Spark of Light LLC (Eternity treasures) you acknowledge that delayed delivery does not constitute a breach of contract and will not entitle you to cancel the order or receive any kind of financial compensation. Any consideration for compensation given or provided by Spark of Light LLC due to delivery issues is at our sole discretion and will be assessed on a case-by-case basis.

d. Accuracy of Shipping Information and Delivery Instructions:

  • The customer is solely responsible for providing accurate and complete shipping information. Spark of Light LLC, (Eternity Treasures) is not liable for any delays, losses, or additional charges resulting from incorrect or incomplete shipping information. This applies to both domestic (USA) and international shipments.
  • While customers may provide delivery instructions for us to include on the shipping label or external package, we cannot guarantee that postal services will read or adhere to such instructions. Additionally, we do not commit to including these instructions on labels or packages, as we do not offer this as a standard service. However, we may, at our discretion, attempt to accommodate such requests when feasible and appropriate.

e. Delivery Confirmation and Liability for Lost/Stolen Packages:

  • Confirmation of Delivery: Once an order is marked as 'Delivered' by the carrier, Spark of Light LLC (Eternity Treasures) considers the order completed. We rely on the carrier's delivery confirmation as evidence that the package has been successfully delivered to the specified address.
  • Lost or Stolen Packages: Spark of Light LLC, (Eternity Treasures) is not liable for any packages lost or stolen after the carrier has confirmed delivery.
  • Discretionary Replacement: At our discretion, Spark of Light LLC (Eternity Treasures) may choose to replace a lost or stolen package. However, this is not an obligation and each case will be evaluated individually. If we decide to provide a replacement, the customer may be responsible for up to the full cost of the replacement order, including any additional shipping fees deemed necessary by the company.
  • Secure Delivery Location: Customers are encouraged to provide a secure delivery location and to make arrangements for receiving packages, especially for high-value orders. Spark of Light LLC (Eternity Treasures) is not responsible for ensuring the security of the delivery location.

f. Acceptance of Terms: By completing a purchase with Spark of Light LLC (Eternity Treasures), you signify your understanding and acceptance of these terms, including the acknowledgment that delivery dates are estimates only and not guaranteed, and that any liability for delivery delays or issues is limited as described herein.

SECTION 22 - ORDER CANCELLATION POLICY

a. Cancellation by Customer: Customers may request to cancel their order even after a shipping label is created, provided the order is still in our possession and has not been handed over to the shipping carrier. Spark of Light LLC, (Eternity Treasures) will inform customers of the status of their order upon request to facilitate timely cancellation requests.

b. Cancellation Window and Refunds:

  • Customers are eligible for a full refund if the cancellation request is made and approved before the order has left our facility, regardless of whether a shipping label has been created.
  • Spark of Light llC, (eternity Treasures) is not responsible for orders that have been processed quickly and handed over to mail carriers before a customer contacts us for cancellation, regardless of how quickly the order was processed. The ability to cancel an order is contingent upon the order's status at the time of the cancellation request.

c. Orders in Transit: For orders that have already been shipped out and entered the mail stream, cancellation is not possible. In these cases, customers seeking assistance should contact Spark of Light LLC (Eternity Treasures) and we will provide available options at our discretion.

d. Refunds for Cancelled Orders: Refunds for orders cancelled by Spark of Light LLC, (Eternity Treasures) for any reason, will include the full purchase price and shipping costs. 

e. Cancellation by Spark of Light LLC, (Eternity Treasures)

  • Stock Unavailability: Orders may be cancelled if items are out of stock or unavailable.
  • Pricing or Product Information Errors: Orders may be cancelled due to significant errors in product information or pricing.
  • Suspicion of Fraud or Unauthorized Transactions: Orders may be cancelled if fraudulent activity or unauthorized transactions are suspected.
  • Non-Compliance with Payment Terms: Orders can be cancelled due to non-compliance with payment terms or issues with payment methods.
  • Violation of Terms of Service: Orders violating any aspect of our Terms of Service may be subject to cancellation.
  • Operational Limitations: Orders might be cancelled due to operational limitations or logistical challenges that prevent fulfillment.
  • Non-Exhaustive List: Please note that this list is not exhaustive, and there may be other reasons not specified herein that could lead to the cancellation of an order by Spark of Light LLC, (Eternity Treasures)

SECTION 23 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at Hello@eternitytreasures.com