INTERNATIONAL TERMS AND CONDITIONS OF SALE – SPARCSMIX.COM
These Terms apply to all orders for Products purchased on www.sparcsmix.com. They govern your contract with us for both the sale and the delivery of the Products., as well as your use of the Website.
When setting up an account, and placing an order you have to agree (by ticking the box) to be bound by these Terms. If you do not agree to be bound by these Terms, you may not set up and account or place an order.
You may order our products only if you are at least 18 years old and we reserve the right to cancel any order placed by someone under the age of 18.
These Terms only apply to sales to consumers.
Please note that certain provisions of these Terms will apply differently depending on whether the delivery address is in the EU or outside the EU. Provisions that may vary include the provisions in paragraphs 7 (Payment and VAT), 8 (Price, Payment and VAT), 12 (Import Tax and Customs) and 13 (Delivery). In each of these provisions we have stated which terms will apply to you according to your country of residence.
INFORMATION ABOUT US
Who we are, We are Al Fakher Tobacco Trading L.L.C trading as SPARCSMIX, a company incorporated in Ajman, the UAE with trade licence number 18038 and registered office address: Land No. 3, Ajman Industrial 1, Ajman, UAE, PO Box 20037. Your contract for the purchase and delivery of our Products will be with this company.
IF YOU HAVE A QUERY OR THERE IS A PROBLEM WITH THE PRODUCT AND HOW TO CONTACT US
How to tell us about problems. If you have any queries or complaints about your order or the products, please contact us. You can write to us at [email protected] or contact us via the Live Chat option on the website. Our customer services team provides support Sunday to Thursday, 9am – 6pm (UAE time) excluding public holidays in the UAE.
The following words have the following meanings in these Terms:
EU – means any country or territory in the fiscal (VAT) area of the European Community excluding the UK. Please see paragraph 13.1 for a list of countries to which we deliver for further information
Personal Information– means the details provided by you on registration
Product– means a product displayed for sale on the Website
Product Description– means that part of the Website where certain Terms in respect of the individual Product are provided
Special Conditions– means the Terms in the Product Description
Terms – these terms and conditions;
United Kingdom/UK– means England, Wales, Scotland, Northern Ireland and the Channel Islands
Users– means the users of the Website collectively
We/us/our– means Al Fakher Tobacco Trading L.L.C, details of which are set out in paragraph 2;
Website – means www.sparcsmix.com or any subsequent URL which may replace it
You– means a user of this Website.
OUR OBLIGATIONS TO YOU
We have a legal duty to supply Products to you that conform with the Product Description, and Special Conditions that may apply and these Terms.
We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was entered onto the system.
PLACING AN ORDER WITH US
We set out the order process below:
Technical requirements for your computer
How to choose your country of delivery and review your order
You select your country of delivery and your preferred currency for payment before browsing.
Delivery charges will be shown in the currency you have selected and you confirm your consent to this charge when you submit your order.
At checkout you will be given an opportunity to review your order, including the country of delivery, so that you can make any changes prior to placing an order. If the country is incorrect, please reselect the country.
If you make an error in the order you place, please contact customer services on the contact details above as soon as possible, so they can advise.
Placement and acknowledgement of your order
You place the order for your Products on the Website by pressing the “Place an Order” button at the end of the checkout process. You will be guided through the process of placing an order by a series of simple instructions on the Website.
We will send you an order acknowledgement email shortly after as you place your order, and an order confirmation email detailing the Products you have ordered. This order confirmation email does not constitute an acceptance of your order.
When your order is accepted and your Products are despatched
Ownership of the Products. Ownership of the Product(s) you have ordered will transfer to you when you receive a despatch email confirming that the Product(s) has been despatched to you.
Order acceptance, and completion of the contract between you and us will also take place when you receive a despatch email confirming that the Product has been despatched to you, unless we have notified you that we do not accept your order (see list of non-acceptance reasons below):
- The product you ordered being unavailable from stock;
- Our inability to obtain authorisation for your payment;
- The identification of a pricing or Product Description error; or
- You not complying with these Terms (for example, if you are under the age of 18 and do not satisfy the age verification checks we carry out).
Delivery of your Products and Insurance
You agree that we will act on your behalf in order to arrange the delivery and insurance of the Products as set out in the “order confirmation” email sent by us to you. . You acknowledge and accept that you will pay the delivery charges, as listed in the “Shipping ” section of the website. The listed delivery costs include the cost of delivery of your Product and insurance whilst your Products are in transit. Your Products will be delivered via Aramex (UAE only) or DHL (non-UAE) or such other third-party courier as chosen by us. We reserve the right to choose (and change) the courier and the delivery insurance provider(s) on your behalf.
You acknowledge that the Products may arrive in separate parcels.
Payment for your Products
Your credit/debit card will be charged when you press the 'Place an Order' button at the end of the checkout process.
Products may be returned, please contact us by email: [email protected], or look at our “Payment and Returns Policy” section for further information.
RIGHT TO CANCEL FOR CHANGE OF MIND
When you buy Products online, you have cancellation rights detailed below. If you reside within the EU, you are entitled to these rights under the EU Directive on Consumer Rights 83/2011. If you reside in a non-EU country, we offer the same rights to you
You may cancel your contract if you so wish, provided you exercise your right no longer than 14 days after the day you receive the Products.
This applies to the cancellation of whole orders, if you wish to return products within an order please see the “Changes to an Order” section at paragraph 10.
Please note that this right does not apply to personalised Products or Products made to your specification (e.g mix your own blends) or where you have broken either the packaging or tax seal on any Products that have an expiry date or a tax stamp.
How to cancel for change of mind
If you wish to exercise your right of cancellation, you must keep hold of the Products and take reasonable care of them until you return them to us. Products must be retuned undamaged, unopened, with the seal not broken and suitable for re-sale otherwise no refund will be issued.
When informing us of your decision to cancel, you may, but are not obliged to, use the following template:
- I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],
- Ordered on [*]/received on [*],
- Name of consumer(s),
- Address of consumer(s),
- Signature of consumer(s) (only if in writing)
Please also provide us with photographs showing that the Product is not opened/damaged and is suitable for resale.
[*] Delete as appropriate
You must then return the Products to us, as instructed by our customer services team.
You will be required to pay for the cost of returning the Products to us.
In summary we set out below what will and won’t be refunded if you change your mind:
- You will pay return cost via Aramex (UAE only) or DHL (non-UAE), or such other third party courier as applicable;
- No refund for delivery costs
- We will refund cost of the Products only (VAT will not be returned in the UAE)
- • Other than the UAE, If you paid any value-added tax (VAT), sales taxes (or equivalent), customs duties, fines or interest and other government taxes you should contact your local authority directly in order to enquire about a refund (if applicable), we are not responsible for these charges.
Refund for change of mind
Subject to approval that the returned Product is fit for re-sale, we will reimburse to you (by the method used to pay for the original transaction) the cost of the Products (if applicable), within 14 days of the receipt of the returned order.
It can take up to 14 days for the refund to appear in your bank account, but we'll keep you informed at each stage of our process.
We may make a deduction from any reimbursement for loss in value of any Products supplied, if the loss is the result of unnecessary handling or damage by you.
YOUR RIGHTS IF THE PRODUCT IS DAMAGED, NOT AS DESCRIBED OR GET LOST IN TRANSIT
You may also cancel your contract if the Products are damaged, not as described or get lost in transit, in which case we will refund the cost of returning the Products to us. These Terms are in addition to any statutory rights and remedies you may have under your country of residence.
Equally if you would prefer a replacement, we would also be happy to replace the non-compliant/ lost Products where possible in place of providing a refund
If the Products are damaged, not as described or get lost in transit, you may cancel the order and receive a refund, or request a replacement. This right shall be available for a maximum of 30 days from delivery or non-delivery as the case may be.
Please note that this right does not apply to personalised Products or Products made to your specification (e.g mix your own blends). If your personalised Product is damaged or not as described, please contact our customer services team (see paragraph 3) for further information and advice.
How to cancel if the product is damaged or not as described
If the Products are faulty, damaged or get lost in transit and do not arrive by their scheduled date for delivery please contact us as soon as possible and in any event within 30 days of the date on which the faulty Products are delivered or do not arrive as scheduled, by email: [email protected], or look at our “Payment and Returns Policy” section for further information.
Refund if the product is damaged or not as described
Provided you can provide acceptable evidence of the issue, we will reimburse to you (by the method used to pay for the original transaction) the cost of the Products and delivery, within 30 days of receipt of the returned Products.
The delivery charge paid for your order will be refunded.
Please note that this refund will be made in the currency used to pay for the original transaction.
In summary we set out below what will and won’t be refunded if you receive faulty Products:
- We will pay return cost via Aramex (UAE only) or DHL (non-UAE), including any applicable bank charges and import duties to the UAE; and one of the following at your option:
- Option 1: Replacement Products to be sent to you free of charge; or
- Option 2: Full refund for faulty Product and delivery costs paid; or
- Option 3: Credit note issued for the value of the faulty Product and delivery costs paid.
CHANGES TO AN ORDER
If the Products you ordered have already been collected from our warehouse we are unable to add or remove Products from your order.
For unwanted Products, you’ll need to follow our cancellation procedure in paragraph 8 and if you would like to add Products to an order, you would be required to place a new order.
If you need to change details of your delivery address, or cancel it completely, please contact our customer services team on the contact details above (see paragraph 3) . Please be ready to quote your order number and order date.
Please be aware that there may be additional delivery costs payable for a change of address.
PRICE, PAYMENT AND VAT
Payment will be made in the currency specified on the payment page of the Website. International credit card providers or banks will determine the exchange rate; if payment is made in a currency not issued as standard by the bank, they may add an additional processing or administration charge which the cardholder will be liable to pay.
The delivery charge will be itemised as ‘delivery’ on the delivery and order confirmation pages of the Website and in emails from us, after the subtotal for the value of the Products purchased.
VAT (or its equivalent tax) will depend on the country of delivery and will be applied as follows:
- Where you have requested delivery to an UAE address, the price paid for the Product and applicable delivery charges will include UAE VAT. Our UAE VAT registration number is 100514051000003; and
- Where you have requested delivery to a country outside of the UAE, the price paid for the Product and applicable delivery charges will include UAE VAT only. Our UAE VAT registration number is 100514051000003. However you will be responsible for paying all applicable value-added tax (VAT), sales taxes (or equivalent), customs duties, fines or interest and other government taxes in the country of delivery.
IMPORT TAX AND CUSTOMS
This paragraph 12 applies to customers having Products delivered to countries outside of the UAE:
Products delivered to destinations outside the UAE may be subject to value-added tax (VAT), sales taxes (or equivalent), customs duties, fines or interest and other government taxes or customs formalities. Please be aware that you are responsible for the Product, applicable taxes including customs duties and all the formalities for the import of the Products in the country of delivery. You will be required to pay any additional charges for international delivery, including import duty, formal customs entry, taxes, levies and other charges that may be levied outside the UAE and that our delivery partners will not be able to deliver Products until all such amounts are paid. Unfortunately, we have no control over these charges and cannot predict what they may be, so we are unable to offer any assistance on these processes. We advise that you check any customs formalities and the import charges applicable in your chosen (non-UAE) country for delivery before ordering Products to be delivered there. We will use commercially reasonable efforts to provide you with information which we hold which relates to the Product or order which you may need in order to arrange customs clearance.
You will be the legal owner and the importer for all international deliveries of the Products. Therefore, before placing an order, it’s your responsibility to check that any Products ordered comply with country, state and/or federal government import regulations, and that there are no local requirements or restrictions which may affect receipt of your order.
You agree that we will act on your behalf as exporter of the Products and will complete export declarations in our own name on your behalf.
If an order is placed and restrictions that we were not aware of at the time the order was made are applied by the customs authority of the destination country, then we will cancel the order and return payment to you.
Where possible, we or our subcontractors, will carry out all customs formalities on Your behalf, as the recipient of the Products. We or our subcontractors, will request payment for these charges from You, as the recipient of the Products in a separate invoice. We may also request information from you in relation to customs formalities. You must respond to any request for information within 5 days of the request, or the order will be cancelled, and the Products returned to our warehouse.
If You wish to return the Product, You must request a refund of the customs duties and tax directly with your local customs office and must present proof of return.
Where we deliver
We currently ship worldwide except for Cuba, Iran, North Korea, Qatar, Syria and Sudan.
We reserve the right to amend this list and stop shipping to certain countries without any prior notice (subject to circumstances including the introduction of trade sanctions or lockdowns related to pandemic etc).
If your country does not appear on this list, or the Product you wish to order is not eligible for delivery to your country, please contact our customer services team (see paragraph 3) as an alternative service may be available.
Please note that we reserve the right to refer online international orders to our customer service team where the true cost of delivery of your order exceeds our advertised online shipping costs, or if multiple quantities of the same product are ordered. In this instance, we will contact you to check you are happy to proceed with the order on this basis. This will not affect your rights to cancel an order if you do not wish to proceed.
The Website will confirm our charge to deliver your products to an international address before you place your order for the international delivery service.
Delivery lead times to international addresses will vary according to destination but we will use reasonable endeavours to ensure that all Products will be delivered within 30 days from the conclusion of the contract with us. For more information, please click here.
If your order has been despatched by us (as confirmed in the despatch confirmation e-mail) but has not arrived within the estimated delivery time range, please contact our customer services team on the contact details above (see paragraph 3).
Depending on stock availability, we may split delivery of your order into several parts and deliver them separately. You will not be charged extra for this. Occasionally, delivery of your order may be delayed or prevented for reasons beyond our control, such as material shortages, import delays or higher than anticipated demand. When delivering outside of the UAE, delivery may also be delayed due to customs-related processes (such as inspection). We will use reasonable endeavours to inform you promptly of any such delay.
If delays outside of our control occur, we will make every effort to keep you informed. For the avoidance of doubt, time is not of the essence for the delivery of the Products, but you will remain entitled to all statutory rights provided to you by the applicable laws.
OTHER IMPORTANT TERMS
We will be responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of us breaking this contract or failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both us and you knew it might happen.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation or for breach of your legal rights in relation to the Products.
We reserve the right to change These Terms from time to time but any changes will not apply to any orders that we have accepted prior to the change being made.
These Terms govern our relationship with you. Any changes to the Terms governing existing contracts must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what we and you are expected to do.
Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court.
If your country of residence is within the EU, if you are not happy with how we have handled any complaint, you may submit a complaint via the European Commission Online Dispute Resolution platform at http://ec.europa.eu/odr. There may also be other dispute resolution platforms based in your country of residence.
We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing. if this happens and we will ensure that the transfer will not affect your rights under the contract.
Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms and neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Language. These Terms are written in English and Arabic. The English version will be binding to the extent permitted by applicable law.
No waiver. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Products, we can still require you to make the payment at a later date.
You confirm that, in agreeing to accept these Terms, you have not relied on any representation made to you other than those contained in these Terms and you agree that you shall have no remedy in respect of any such additional representation. Your statutory rights are not affected by these Terms.
Furthermore, by accepting These Terms, you expressly agree to be bound by the provisions herein which refer to (i) Price, Payment and VAT (paragraph 11), Import Tax and Customs (paragraph 12) (iii) Delivery (paragraph 13).
These Terms and all claims or disputes arising in relation to or in connection with any contract (any order for Products) under these Terms shall be governed by English law. You may bring a claim to enforce your consumer rights in connection with these Terms before the courts of your resident country, as laws in your country of residence may also apply to allow you certain levels of consumer protection. In addition, you are also entitled to bring a claim before the Courts of the Dubai International Financial Centre (DIFC), United Arab Emirates.
If you wish to bring a claim before a court in your resident country, please use the following service address and only send documentation using an internationally recognised courier service: Legal Department, Al Fakher Tobacco Trading L.L.C trading as Sparcsmix, Land No. 3, Ajman Industrial 1, Ajman, UAE, PO Box 20037.
Website Operator. www.sparcsmix.comis a site operated by Al Fakher Tobacco FZE, a company incorporated in Ajman, the UAE with trade licence number 20005 and registered office address: Ajman Free Zone, Gate 4, PO Box 20037, Ajman, UAE
Changes to the Website. We may update and change our site from time to time to reflect changes to our products, our users' needs and our business priorities or to comply with any legal or regulatory requirements.
Suspension or withdrawal of our Website. Our site is made available free of charge. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
We are not responsible for websites we link to. Where our website contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as recommendation or approval by us of those linked websites or any information you may obtain from them.
We have no control over the contents of those third-party sites or resources.
Intellectual Property and Right to Use the Website. You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.
You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may (if necessary to place an order) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
We are not responsible for bugs or viruses. We do not guarantee that our website will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access our website. You should use your own virus protection software.
You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
Compliance with Laws. The website wwww.sparcsmix.com may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the website and any transactions conducted on or through the website.
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