Please read the following Terms & Conditions carefully as they affect your rights and liabilities under the law and set out the terms under which WeddingSparklersUSA.com LLC “WeddingSparklersUSA.com LLC” dba “Wedding Sparklers USA” sells Products available to you for purchase via its website https://WeddingSparklersUSA.com only. Wedding Sparklers USA is a Missouri LLC.
Terms and Conditions
1.1 This web site is owned and operated by WeddingSparklersUSA.com LLC and WeddingSparklersUSA.com LLC supply the Goods. If you need to contact us regarding any queries, comments or complaints please email WeddingSparklersUSA.com LLC using the link on Contact Us page.
2.1 These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing. Throughout this document the term “You” and “Customer” are interchangeable and for the avoidance of doubt they mean the person who intends to purchase products from WeddingSparklersUSA.com LLC.
2.2 The order constitutes an offer by the Customer to purchase the Products in accordance with these Conditions. The Customer shall ensure that the terms of the order are complete and accurate.
2.3 The Contract constitutes the entire agreement between the parties. The Customer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the WeddingSparklersUSA.com LLC which is not set out in the Contract. Any descriptive matter, or advertising issued by WeddingSparklersUSA.com LLC and any descriptions or illustrations contained in the website are issued or published for the sole purchase of giving an approximate idea of the products described in them. They shall not form part of the Contract or any other Contract, or any other contract between WeddingSparklersUSA.com LLC and the Customer for the sale of the products. Age restriction for all jurisdictions apply.
3.1 The customer agrees to abide by all local rules and regulations regarding products sold via this site. WeddingSparklersUSA.com is not liable for loss caused by illegal activity or misuse of product.
3.2 WeddingSparklersUSA.com LLC are committed to promoting the safe and legal sale of sparklers.
3.3 One must be 18 years of age or older to purchase sparklers. By ordering from us you declare that you are 18 years of age or older.
Payment and acceptance
4.1 All prices are stated in dollars.
4.2 The price of an item as displayed on the website does not include the delivery charge, which will depend on the delivery method, quantities and the date of delivery. Delivery charge is a flat rate of $12.
4.3 We accept payment by Visa, Mastercard, American Express, Discover and Paypal. We do not accept payment from cards registered outside the US. Payment will be taken at point of order using PayPal secure payment.
4.4 For your security we use PayPal as our secure checkout provider which uses Secure technology and PayPal as our credit card fraud prevention provider. Your credit/debit card details will be encrypted by the PayPal in a iframe site via our forced ssl technology to minimize the possibility of unauthorized access or disclosure. Once we receive your personal information we transmit this on secure servers to PayPal and as such we do not store your credit card details. If you have any concerns over our security policy please feel free to contact using the details provide in section 1 About us.
4.5 Authority for payment must be given at the time of order. If there is a problem taking payment for all or part of your order we will contact you by telephone or email. If there is a problem with security authorization of the payment, we will look into this when we process the order, but your order will not be dispatched until we have obtained the required security authorization from the secure checkout provider and the credit card fraud prevention provider, please note this may delay the delivery of your order, for which WeddingSparklersUSA.com LLC will not be liable.
4.6 After this time, you cannot amend your order (but please see our cancellation policy in section 6 below).
4.7 If we decline to supply an item to you and you have already paid for it, we will give you a full refund of any amount already paid for that item in accordance with our refund policy in section 7 below.
5.1 We deliver to both business and private addresses. When delivery is attempted, you must comply with our Age restriction policy as detailed in Clause 3. If goods will be returned to WeddingSparklersUSA.com LLC via nonshipment, you will be required to pay for the re-delivery of your order.
5.2 The delivery will be made to the address you specify when completing your order and the delivery charge is flat rate according to checkout.
5.2.1 All orders will have free shipping unless under special circumstances as requested on an ad hoc basis only.
5.2.2 Collection in person is not available unless under very special circumstances.
5.3 Please note we only deliver to addresses within the continental 48 states.
5.4 Whilst we make every effort to deliver your order within the timeframe you selected from the delivery calendar at checkout and detailed within delivery information, unfortunately we can not guarantee the date of your delivery and WeddingSparklersUSA.com LLC will not be liable for the failure of the delivery due to circumstances outside its control or the Customer’s failure to provide WeddingSparklersUSA.com LLC with adequate delivery information or any other instructions that are relevant to the supply of the Goods.
5.5 Neither party shall be in breach of this agreement nor liable for delay in performing, or failure to perform, any of its obligations under this agreement arising from or attributable to acts, events, omissions or accidents beyond its reasonable control. We shall contact you to let you know if we are having any problems delivering an item to you within that time.
5.6 We use a secure delivery carrier and all drivers operate a strict age of sale policy on behalf of WeddingSparklersUSA.com LLC.
5.7 Common carrier (UPS) ground delivery for most products only.
Cancellation of order
6.1 At WeddingSparklersUSA.com LLC we want you to be delighted every time you shop with us. Occasionally though, we know you may want to cancel or return items. Please contact us here for returns and cancellations.
6.2 If the item(s) have not been dispatched from WeddingSparklersUSA.com LLC we will cancel the order and we will refund payment in accordance with our refund policy in section 7 below.
6.3 If the item(s) have been dispatched to you and we are unable to stop the delivery, you can refuse to sign for the delivery so that the item(s) are returned to us and we will refund payment in accordance with our refund policy in section 7 below.
6.4 If you have arranged to collect an item within Kansas City we will automatically cancel the order if you do not collect the item within 7 days from the date arranged with you when you placed your order and we will refund you in accordance with our refund policy in section 7 below.
6.5 Items must be returned in their original and undamaged packaging and outer carton, with all of the original components intact and in a dry condition.
6.6 If an item is returned unused, undamaged, dry and in its original and undamaged packaging, and outer carton, we will refund the item price.
6.7 Products must be returned via ground shipper only. Sparklers should not be left in the care of anyone under 18, therefore in the interest of safety, someone aged 18 or over must be present to sign when the item(s) are collected. We will not accept responsibility for items that have been left outside to get wet, damaged or stolen with no one to sign for the collection. Should you fail to take reasonable care of the goods, WeddingSparklersUSA.com LLC reserves the right to claim for breach of your duty and any financial loss incurred.
6.8 If you do not allow, or comply with the collection of the item(s) as instructed within 28 days of cancellation, and after our reasonable attempts to recover it, you will be deemed to have accepted the item, at which point a new purchase contract will be made and you will be charged for your order, plus delivery charge. This does not affect your statutory rights. If you have any queries about this process please contact Customer Services through our contact us page.
7.1 Owing to the nature of our product, returns can only be accepted if the product is unused and in the same condition as supplied and must be notified within 45 days.
7.2 Returns can only be accepted once confirmed by WeddingSparklersUSA.com LLC. Returns delivery must be arranged through an authorized ground courier.
7.3 Should one of our products fail to function properly, refunds may be issued provided evidence of failure is present.
7.4 Where a refund can be given, it shall be issued within 30 days from notice of cancellation via the payment method used at point of order.
7.5 We shall refund the delivery charge in full only if we made a substantial mistake.
8.1 If you consider your goods to be defective in any way, please notify us immediately via the contact us page.
8.2 On receipt of your complaint a member of our customer service team will contact you via email to discuss the matter accordingly.
8.3 If the defect is caused by misuse or negligence or by failure of you to follow the oral or written instructions as to the storage, commissioning, installation, use and maintenance of the Goods it will not be classed as the liability.
8.4 Nothing in these Terms & Conditions affects your statutory rights.
8.5 If you would like further information about your legal rights please contact your local jurisdiction.
Promotional voucher codes and offers
9.1 From time to time we may offer discounts using promotional voucher codes, which are only valid during the dates specified at the time of issue and can only be used on www.weddingsparklersusa.com
9.2 All offers are subject to availability and while stocks last.
Our responsibility to you
10.1 If we are in breach of these Terms & Conditions, WeddingSparklersUSA.com LLC will not be liable to the Customer, whether in contract, tort, (including negligence), breach of statuary duty, or otherwise, for any loss of profit or indirect consequential loss arising under or in connection with the Contract. Our products are for personal use only and our liability shall not in any event include business losses such as lost data, lost profits or business interruption.
10.2 Clause 10 shall not limit or exclude our liability resulting from any products sold being found to cause:
10.3 Death or personal injury caused by WeddingSparklersUSA.com LLC negligence or the negligence of its employees, agents or subcontractors
10.4 Defective products
10.5 Breach of the terms and conditions
10.6 Our liability to you in connection with any order will not exceed the total price paid for the items.
11.1 All our products are all fully compliant with strict legislation and APA 87-1.
11.2 WeddingSparklersUSA.com LLC is committed to promoting the safe and legal sale and use of sparklers. You must exercise reasonable care when setting off fireworks and ensure you follow the instructions on each firework, stand at the correct spectator distance and always follow the Fire Code.
11.3 The sparklers are sold subject to the certain regulations and any subsequent statutory, legislation or re-enactment or modification.
11.4 WeddingSparklersUSA.com LLC will not be liable for any damage or costs arising from the misuse of sparklers. Please see safety information for more details.
13.1 You may not transfer any of your rights under these Product Terms & Conditions to any other person. A person who is not party to the Contract shall not have any rights under or in connection with it. We may transfer our rights under these Product Terms & Conditions to another business where we reasonably believe your rights will not be affected.
13.2 If you breach these Product Terms & Conditions and we choose to ignore this, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach these Product Terms & Conditions.
13.3 We shall not be responsible for any breach of these Product Terms & Conditions caused by circumstances beyond our reasonable control.
13.5 When ordering from the WeddingSparklersUSA.com LLC Site using PayPal as our secure payment provider. This means you cannot inadvertently place an order through an unsecured connection.
Governing Law and Jurisdiction
14.1 This products Terms and Conditions and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes and claims) shall be governed by and contracted in accordance with the law of Missouri. The parties irrevocably agree that the courts of Missouri shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these terms and conditions.
We reserve the right to cancel any order at any time. If that happens a reason will be stated and your payment will be promptly refunded. Please see our terms and conditions for details.
Unauthorized Use of Images by 3rd party websites and Publications
You should assume that everything on the Wedding Sparklers USA site is copyrighted unless otherwise noted and that images and text must not be used without the express written consent of Wedding Sparklers USA. Any use or reproduction of Copyrighted material from Wedding Sparklers USA to another website or publication will be subject to $10,000 per image per use fee unless other arrangements have been made. The act of downloading and uploading to another server for 3rd party use means you consent to this contract.