Terms of service
Terms of Service
Effective Date: 05/11/2025
Welcome to Spark Art ("we," "our," or "us"). By accessing or using our website (the "Site"), purchasing our products, or engaging with us in any manner, you agree to be bound by the following Terms of Service ("Terms"). Please read them carefully.
General Disclaimer
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Spark Art kits are sold as DIY decorative art products. They are not toys and are intended for use by individuals age 14 and older.
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By purchasing, you confirm you are at least 18 years old or have parental consent.
1. Products and Services
All Spark Art kits are hand-assembled, and all Spark Art masterpieces are handmade original artworks. Each piece is crafted with care and uniqueness. Slight variations may occur, and by purchasing, you acknowledge this handmade nature.
2. No Returns or Refunds
Due to the custom and handmade nature of our products, all sales are final. We do not offer refunds or returns under any circumstance, including customer dissatisfaction, accidental orders, or change of mind.
3. Intellectual Property
All designs, products, artwork, content, and branding on this Site are the exclusive property of Spark Art and protected by U.S. copyright and trademark laws. You may not copy, reproduce, distribute, or use any content without explicit written permission.
4. Limitation of Liability and Indemnification
Spark Art is not liable for any damages arising from the use or misuse of our products, including but not limited to:
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Injury or allergic reaction from glue or materials
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Choking hazards from rhinestones or small parts (not suitable for children under 3)
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Improper handling or hanging of artwork
Products are intended for decorative or adult hobbyist use only.
You agree to indemnify, defend, and hold harmless Spark Art, its owner(s), affiliates, employees, and contractors from any claims, damages, losses, liabilities, costs, or expenses (including attorney's fees) arising from:
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Improper use or misuse of any Spark Art product
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Any failure to follow safety warnings and guidelines
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Any direct or indirect injury, death, or property damage caused by our products
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Spark Art shall not be liable for any indirect, incidental, punitive, or consequential damages arising from use or inability to use our products.
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Our total liability shall not exceed the amount you paid for the product.
5. Health and Safety Disclaimer and Assumption of Risk
By purchasing or using Spark Art products, you voluntarily assume all risks associated with their use, including but not limited to:
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Eye strain or injury
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Skin contact with adhesives
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Choking or ingestion of small parts
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Improper use of tools
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Personal or property damage
Our kits contain small parts (rhinestones) and adhesive glues that may pose health and safety risks. Keep out of reach of children. Do not ingest. Use in a well-ventilated area. By purchasing, you acknowledge and accept all safety warnings.
6. Shipping and Fulfillment
Orders are fulfilled by Spark Art. Delivery timelines may vary. Once an order is shipped, we are not responsible for delays or damages caused by third-party carriers. Ensure your address is correct before completing your purchase.
7. Governing Law and Disputes
These Terms are governed by the laws of the State of California, United States. Any dispute arising from your use of this Site or products must be resolved through binding arbitration in Los Angeles, California, and you waive your right to join a class action.
8. Modifications
We reserve the right to update these Terms at any time. Continued use of the Site after changes implies your acceptance.
9. Contact
For questions regarding these Terms, contact us at:Â sparkartassist@gmail.com