Terms and Conditions
Updated On 11 August 2021
By Visiting sparklesfromthesoul.nl, shop.sparklesfromthesoul.nl And Other Related Websites, You Are Consenting To Our Terms And Conditions.
General
This website (the “Site”) is owned and operated by Marja Sas - Sparkles from the Soul “sparklesfromthesoul.nl.com” or “shop.sparklesfromthesoul.nl” (“COMPANY” “we”, “us” or “our”).
By using the Site, you agree to be bound by these Terms of Service and to use the Site in accordance with these Terms of Service, our Privacy Policy and any additional terms and conditions that may apply to specific sections of the Site or to products and services available through the Site or from COMPANY, as well as the legal disclaimer notice. Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms of Service. We reserve the right to change these Terms of Service or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Service on this website. By continuing to use the Site after we post any such changes, you accept the Terms of Service, as modified
Disclaimers
Throughout the Site, we may provide links and pointers to Internet sites maintained by third parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither we nor affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Site or on websites linked to by us on the Site. If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not COMPANY. Neither COMPANY nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, COMPANY neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any portion of the Site by anyone other than an authorised COMPANY representative while acting in his/her official capacity.
THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND BY COMPANY AND ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
You agree at all times to defend, indemnify and hold harmless COMPANY its affiliates, their successors, transferees, assignees and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth herein.
Earnings disclaimer
Nothing on our Sites are a promise or guarantee of earnings, revenue, income or profit. We do not guarantee your success, income level, or ability to earn revenue. Any forward-looking statements outlined on our sites or in our Promotions are not guarantees or promises of actual performance. By using this site and becoming our Affiliate Partner and/or Licensee you release us from any and all liability, including direct, consequential or indirect damages or claims. No guarantees are made that you will achieve any results from our ideas or models presented on this site or any of our other sites. We offer no professional, legal, psychological, medical, or financial advice.
Online commerce
Certain sections of the Site may allow you to purchase many different types of products and services online that are provided by third parties. If so, we are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant on the Site or on a site linked to by the Site, the information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. In addition, when you purchase products or services on or through the Site, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services.
For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly. You release us and our affiliates from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase or use of any products or services made available by third parties through the Site.
Your participation, correspondence or business dealings with any third party found on or through our Site, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that COMPANY shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.
Account creation
In Order To Use The Service, You May Be Required To Provide Information About Yourself Including Your Name, Email Address, Username And Password, And Other Personal Information. You Agree That Any Registration Information You Give To Marja Sas - Sparkles from the Soul Will Always Be Accurate, Correct, And Up To Date. You Must Not Impersonate Someone Else Or Provide Account Information Or An Email Address Other Than Your Own. Your Account Must Not Be Used For Any Illegal Or Unauthorized Purpose. You Must Not, In The Use Of The Service, Violate Any Laws In Your Jurisdiction.
Lawful purposes
You May Use The Site And Service For Lawful Purposes Only. You Agree To Be Financially Responsible For All Purchases Made By You Or Someone Acting On Your Behalf Through The Site. You Agree To Use The Site And To Purchase Services Or Products Through The Site For Legitimate, Non-Commercial Purposes Only. You Shall Not Post Or Transmit Through The Site Any Material Which Violates Or Infringes The Rights Of Others, Or Which Is Threatening, Abusive, Defamatory, Libelous, Invasive Of Privacy Or Publicity Rights, Vulgar, Obscene, Profane, Or Otherwise Objectionable, Contains Injurious Formulas, Recipes, Or Instructions, Which Encourages Conduct That Would Constitute A Criminal Offense, Give Rise To Civil Liability, Or Otherwise Violate Any Law.
Refusal of service
The Services Are Offered Subject To Our Acceptance Of Your Order Or Requests. We Reserve The Right To Refuse Service To Any Order, Person Or Entity, Without The Obligation To Assign Reason For Doing So. No Order Is Deemed Accepted By Us Until Payment Has Been Processed. We May At Any Time Change Or Discontinue Any Aspect Or Feature Of The Site Or Service, Subject To Us Fulfilling Our Previous Responsibilities To You Based On Acceptance Of Your Payment.
Order confirmation
We Will Email You To Confirm The Placement Of Your Order And With Details Concerning Product Delivery. In The Event That There Is An Error In This Email Confirmation, It Is Your Responsibility To Inform Us As Soon As Possible.
Cancellations, refunds & returns
No Returns Are Accepted After 14 Days Of Purchase. Deposits And Payments Made For 1-On-1 Work Are Non-Refundable, Since They Coincide With Work Delivered.
Product description
We Endeavour To Describe And Display The Service As Accurately As Possible. While We Try To Be As Clear As Possible In Explaining The Service, Please Do Not Accept That The Site Is Entirely Accurate, Current, Or Error-Free. From Time To Time We May Correct Errors In Pricing And Descriptions. We Reserve The Right To Refuse Or Cancel Any Order With An Incorrect Price Listing.
Material you submit to the site
You Shall Not Upload, Post Or Otherwise Make Available On The Site Any Artwork, Photos, Or Other Materials (Collectively “Materials”) Protected By Copyright, Trademark, Or Other Proprietary Right Without The Express Written Permission Of The Owner Of The Copyright, Trademark, Or Other Proprietary Right, And The Burden Of Determining That Any Materials Are Not So Protected Rests Entirely With You. You Shall Be Liable For Any Damage Resulting From Any Infringement Of Copyrights, Trademarks, Or Other Proprietary Rights, Or Any Other Harm Resulting From Such A Submission. For All Materials Submitted By You To The Site, You Automatically Represent Or Warrant That You Have The Authority To Use And Distribute The Materials, And That The Use Or Display Of The Materials Will Not Violate Any Laws, Rules, Regulations, Or Rights Of Third Parties.
Intellectual property rights to your materials
We Claim No Intellectual Property Rights Over The Material You Supply To Marja Sas - Sparkles from the Soul. You Retain Copyright And Any Other Rights You May Rightfully Hold In Any Content That You Submit Through The Site Or Service. Content You Submit To Marja Sas - Sparkles from the Soul Remains Yours To The Extent That You Have Any Legal Claims Therein. You Agree To Hold Marja Sas - Sparkles from the Soul Harmless From And Against All Claims, Liabilities, And Expenses Arising Out Of Any Potential Or Actual Copyright Or Trademark Misappropriation Or Infringement Claimed Against You. By Posting Material On The Site, You Grant Us A Worldwide, Nonexclusive, Irrevocable License To Use The Material For Promotional, Business Development, And Marketing Purposes.
Our intellectual property
The Site And Service Contain Intellectual Property Owned By Marja Sas - Sparkles from the Soul, Including Trademarks, Copyrights, Proprietary Information, And Other Intellectual Property. You May Not Modify, Publish, Transmit, Participate In The Transfer Or Sale Of, Create Derivative Works From, Distribute, Display, Reproduce Or Perform, Or In Any Way Exploit In Any Format Whatsoever Any Of The Site Or Service
Content Or Intellectual Property, In Whole Or In Part, Without Our Prior Written Consent. We Reserve The Right To Immediately Remove You From The Service, Without Refund, If You Are Caught Violating This Intellectual Property Policy.
Registration
To access certain features of the Site, we may ask you to provide certain demographic information including your gender, year of birth, post code and country. In addition, if you elect to sign-up for a particular feature of the Site, such as chat rooms, web logs, or bulletin boards, you may also be asked to register with us on the form provided and such registration may require you to provide personally identifiable information such as your name and email address. You agree to provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.
Passwords
It is possible that to use certain features of the Site, you will need a username and password, which you will receive through the Site’s registration process or via email to email address provided. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorised use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL OR INCONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS. THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND COMPANY MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.
PARTICIPANT acknowledges and agrees that no representation has been made by OR ITS AFFILIATES and relied upon as to the future income, expenses, sales volume or potential profitability that may be derived from the participation in or purchase of any product or service on this SITE.
All links are for information purposes only and are not warranted for content, accuracy or any other implied or explicit purpose.
Third-party resources
The Site And The Service Contain Links To Third-Party Websites And Resources. You Acknowledge And Agree That We Are Not Responsible Or Liable For The Availability, Accuracy, Content, Or Policies Of Third-Party Websites Or Resources. Links To Such Websites Or Resources Do Not Imply Any Endorsement By Or Affiliation With Marja Sas – Sparkles from the Soul. You Acknowledge Sole Responsibility For And Assume All Risk Arising From Your Use Of Any Such Websites Or Resources.
Indemnification
You Shall Indemnify And Hold Us Harmless From And Against Any And All Losses, Damages, Settlements, Liabilities, Costs, Charges, Assessments, And Expenses, As Well As Third Party Claims And Causes Of Action, Including, Without Limitation, Attorney’s Fees, Arising Out Of Any Breach By You Of Any Of These Terms And Conditions, Or Any Use By You Of The Site Or Service. You Shall Provide Us With Such Assistance, Without Charge, As We May Request In Connection With Any Such Defense, Including, Without Limitation, Providing Us With Such Information, Documents, Records, And Reasonable Access To You, As We Deem Necessary. You Shall Not Settle Any Third-Party Claim Or Waive Any Defense Without Our Prior Written Consent.
Effect of headings
The Subject Headings Of The Paragraphs And Sub-paragraphs Of This Agreement Are Included For Convenience Only And Shall Not Affect The Construction Or Interpretation Of Any Of Its Provisions.
Entire agreement; waiver
This Agreement Constitutes The Entire Agreement Between You And Marja Sas – Sparkles from the Soul Pertaining To The Site And Service And Supersedes All Prior And Contemporaneous Agreements, Representations, And Understandings Between Us. No Waiver Of Any Of The Provisions Of This Agreement By Marja Sas – Sparkles from the Soul Shall Be Deemed, Or Shall Constitute, A Waiver Of Any Other Provision, Whether Or Not Similar, Nor Shall Any Waiver Constitute A Continuing Waiver. No Waiver Shall Be Binding Unless Executed In Writing By Marja Sas – Sparkles from the Soul.
Nnotices
All Notices, Requests, Demands, And Other Communications Under This Agreement Shall Be In Writing And Properly Addressed As Follows:
Marja Sas
Sparkles from the Soul
marja@sparklesfromthesoul.nl
Governing Law; venue; mediation
This Agreement Shall Be Construed In Accordance With, And Governed By, The Dutch Law As Applied To Contracts That Are Executed And Performed Entirely In The Netherlands. The Exclusive Venue For Any Arbitration Or Court Proceeding Based On Or Arising Out Of This Agreement Shall Be The Netherlands. The Parties Agree To Attempt To Resolve Any Dispute, Claim, Or Controversy Arising Out Of Or Relating To This Agreement By Mediation, Which Shall Be Conducted Under The Then Current Mediation Procedures Within The Netherlands, Or Any Other Procedure Upon Which The Parties May Agree. The Parties Further Agree That Their Respective Good Faith Participation In Mediation Is A Condition Precedent To Pursuing Any Other Available Legal Or Equitable Remedy, Including Litigation, Arbitration, Or Other Dispute Resolution Procedures.
Recovery of litigation expenses
If Any Legal Action Or Any Arbitration Or Other Proceeding Is Brought For The Enforcement Of This Agreement, Or Because Of An Alleged Dispute, Breach, Default, Or Misrepresentation In Connection With Any Of The Provisions Of This Agreement, The Successful Or Prevailing Party Or Parties Shall Be Entitled To Recover Reasonable Attorney’s Fees And Other Costs Incurred In That Action Or Proceeding, In Addition To Any Other Relief To Which It Or They May Be Entitled.
Severability
If Any Term, Provision, Covenant, Or Condition Of This Agreement Is Held By An Arbitrator Or Court Of Competent Jurisdiction To Be Invalid, Void, Or Unenforceable, The Rest Of The Agreement Shall Remain In Full Force And Effect And Shall In No Way Be Affected, Impaired, Or Invalidated.
Assignment
These Terms And Conditions Bind And Inure To The Benefit Of The Parties’ Successors And Assigns. These Terms And Conditions Are Not Assignable, Delegable, Sub-Licensable, Or Otherwise Transferable By You. Any Transfer, Assignment, Delegation, Or Sublicense By You Is Invalid.
Changes to these Terms & Conditions
These Terms And Conditions Were Last Amended On The Date Stated At The Top Of The Policy. It Is Subject To Change At Any Time, And By Accessing The Websites sparklesfromthesoul.nl or shop.sparklesfromthesoul.nl And/Or Related Websites And Their Services You Are Deemed To Have Accepted Such Changes.
Questions or queries
If You Have Any Questions About These Terms And Conditions, Please Contact Us Via Email At marja@sparklesfromthesoul.nl
Copyrighted by Marja Sas, Sparkles from the Soul ALL rights reserved. No part of this site or products and services contained therein may be copied, or changed in any format, sold, or used in any way other than what is outlined without express permission from Marja Sas, Sparkles from the Soul.
Privacy Policy - Legal Disclaimer Notice
