Terms Of Purchase
TERMS OF PURCHASE
These Terms of Purchase (“Terms of Purchase”) govern your purchases of products and services available through https://www.tummyspark.com (the “Company Sites” or the “Sites”). The Company Sites are operated by TummySpark, LLC (the “Company”). Your use of the Company Sites and these terms are also governed by the Terms of Use and Privacy Notice, which are incorporated herein by reference.
PLEASE CAREFULLY READ THESE TERMS OF PURCHASE, ALONG WITH THE TERMS OF USE, PRIVACY NOTICE AND OTHER POLICIES OR AGREEMENTS REFERENCED IN THESE TERMS OF PURCHASE, BEFORE PURCHASING OR USING PRODUCTS OR SERVICES THROUGH THE COMPANY SITES. BY PURCHASING OR USING PRODUCTS OR SERVICES THROUGH THE COMPANY SITES, YOU AGREE TO THESE TERMS OF PURCHASE, INCLUDING WITHOUT LIMITATION, THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN THE DISPUTE RESOLUTION SECTION BELOW.
GENERAL
These Terms of Purchase constitute a valid and binding agreement between you and the Company, enforceable against you in accordance with their terms. You represent and warrant that you:
(1) are at least 18 years of age;
(2) have reached the legal age of majority to form a binding contract; and
(3) are not prohibited or barred from accessing, purchasing, or using the Company’s products, services, or Sites under any applicable laws, regulations, or legal restrictions.
You shall purchase and use the products and services available through the Company Sites in strict compliance with these Terms of Purchase and all applicable laws, rules, and regulations (collectively, “Laws”). You are solely responsible for complying with all applicable Laws related to your purchase, including all Laws of the jurisdiction to which products are shipped or delivered. All calls, emails, and other communications between you and the Company may be recorded or monitored for quality assurance and business purposes.
PRIVACY NOTICE
A copy of the Privacy Notice governing the collection, use, disclosure, and processing of personal information by the Company is available at https://www.tummyspark.com. You consent to any personal information we obtain about you (via the Company Sites, email, telephone, or other lawful means) being collected, stored, and processed in accordance with the Privacy Notice. The Company may update its Privacy Notice periodically in its sole discretion. Any changes to the Privacy Notice will be posted at https://www.tummyspark.com. Your continued use of the Sites following any updates constitutes your acceptance of the revised Privacy Notice.
PURCHASES
Order Processing
The Company reserves the right, in its sole and absolute discretion, to decline to process or cancel any order. Such actions may include, without limitation, instances where the product or service is out of stock, mispriced, the order is suspected of being fraudulent, or for any other reason the Company deems appropriate. The Company also reserves the right to implement identity verification procedures to process your order securely.
The Company will not charge you or will issue a full refund for any unprocessed or canceled orders. Without limiting the foregoing, the Company reserves the right to:
(i) revoke or withdraw any advertised offers or promotions;
(ii) correct any errors, inaccuracies, or omissions; and
(iii) update prices, content, promotional offers, product descriptions, specifications, or other information without prior notice (including after an order has been submitted, acknowledged, shipped, or delivered, except as prohibited by applicable law).
Product and Service Descriptions
The Company uses commercially reasonable efforts to provide accurate descriptions of products and services on the Company Sites. However, the Company does not warrant or represent that product or service descriptions are accurate, complete, reliable, current, or error-free. If a product or service obtained through the Company Sites does not conform to its description, your sole and exclusive remedy is to return the item in accordance with the return provisions set forth in these Terms of Purchase.
The Company Sites may include a quick-view feature for certain products, allowing you to view pricing and add items to your cart without accessing the full product page. This quick-view and “add to cart” functionality is provided for convenience only. Detailed product information, including source, features, specifications, and final pricing, is available on the corresponding product detail page.
Pricing Information
The Company uses commercially reasonable efforts to display accurate pricing for products and services on the Company Sites. Despite such efforts, pricing errors may occur. The Company reserves the right, in its sole discretion, to decline to process or cancel any order involving an incorrectly priced product or service due to system or human error. In such cases, the Company will notify you via email. The Company further reserves the right to correct any errors in stated retail pricing at any time.
Product and Service Availability
The Company Sites may display inventory or availability status for merchandise, provided for estimation purposes only regarding immediate shipment upon order placement. Estimated delivery to your destination address is generally 30 days or less following successful payment, subject to delays due to inventory shortages, adverse weather conditions, carrier transit times, final destination requirements, or other factors outside the Company’s reasonable control.
The Company cannot guarantee that items marked “in stock” will ship immediately, as inventory levels may change frequently. In limited cases, an item may be in stock at order placement but sell out prior to processing. In such instances, the Company will notify you via email. Out-of-stock services or products are generally discontinued or unavailable. If a product or service you ordered is no longer available, the Company will cancel that item from your order, notify you via email, and remove or update the item on the Company Sites.
Specific Additional Disclaimers and Obligations
In addition to the general disclaimers in the Terms of Use, products and services purchased through the Sites:
(a) may not include manufacturer warranties, even if available for the same product or service through other retailers;
(b) may not include ongoing service, technical support, or after-sales care;
(c) may not include product manuals, instructions, or safety warnings in your native language or the official language of your destination country;
(d) may not be designed, manufactured, or labeled in compliance with the standards, specifications, or labeling requirements of your jurisdiction; and
(e) may not conform to the voltage, electrical, or regulatory standards of your jurisdiction, which may require the use of adapters, converters, or additional accessories for lawful use.
You acknowledge and agree that it is your sole responsibility to research and verify that any product meets your requirements and may be lawfully imported, sold, or used in your jurisdiction.
Taxes
You are solely responsible for all taxes, customs duties, fees, and other charges imposed by the jurisdiction to which products are shipped or delivered, including but not limited to sales tax, use tax, value-added tax (VAT), tariffs, and import or export duties.