DEFINITIONS

“Seller/we/our/us/Wish Upon A Sparkle” means Wish Upon A Sparkle , 52 Clumber Road, Poynton, Stockport SK12 1NS, (registered in England, company registration no. 9623351) and the company's website www.wishuponasparkle.co.uk

“Customer” means the person or company to whom this document is addressed.

“International Customer” shall mean, “Customer” from outside the United Kingdom.

“Website” shall mean, www.wishuponasparkle.co.uk or any other subdomains of www.wishupoasparkle.co.uk which may be accessible unless expressly excluded by their own terms and conditions.

“Order” shall mean the submission of an order for products on the “Website” by the “Customer”

General

These terms and conditions are applicable to the supply of products made by the Seller, hereafter referred as Wish Upon A Sparkle, to the buyer hereafter referred as the Customer.

 

Price

The prices of the goods will be as quoted on the Website from time to time. We take reasonable care to ensure that the prices of goods are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, please see clause 2.4 for what happens in this event.Prices for our goods may change from time to time, but changes will not affect any order which we have confirmed. All prices are quoted in GB Pound Sterling and include VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the products in full before the change in VAT takes effect.The Website contains a large number of products. It is always possible that, despite our reasonable efforts, some of the products on the Website may be incorrectly priced. If we discover an error in the price of the products you have ordered we will inform you of this error and we will give you the option of continuing to purchase the product at the correct price or cancelling your order.

We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the products to you at the incorrect (lower) price.

 

Payment

Payments must be made in GB Pounds Sterling only, and by one of the following payment methods (except International Customers see clause 16) unless otherwise specified.

Major credit cards as listed: Visa, MasterCard, American Express, Maestro, and Visa Electron 

Any discount codes issued are strictly subject to the individual terms and conditions with which they were issued, which may include, amongst other things, eligibility of use and maximum order value. If any of the terms and conditions with which the discount codes were issued contradicts these terms and conditions, the terms and conditions in respect of the discount code will prevail. 

We reserve the right to reject or cancel any orders which do not comply with these terms even if your credit or debit card has been charged (and will refund in full any amounts paid by you in respect of the order).

Passing of Property 

Wish Upon A Sparkle shall retain the property of the goods until full payment has been made by the Customer and has been received. The Customer will own the goods once full payment has been received by Wish Upon A Sparkle.

 

Orders

All Orders are subject to acceptance and availability. Upon placing an Order with Wish Upon A Sparkle, the Customer will receive an order acknowledgement and subsequent update email(s). Receipt of the acknowledgement and these emails does not confirm that the Order has been accepted by Wish Upon A Sparkle.

Order acceptance and the creation of the contract between Wish Upon A Sparkle and the Customer will start at the time the products ordered by the Customer are despatched from Wish Upon A Sparkle's warehouse to be delivered to the address supplied by the Customer.

Wish Upon A Sparkle will take all reasonable care, in so far as it is in its power to do so, to keep the details of the Customer’s Order and payment secure, but in the absence of negligence on its part Wish Upon A Sparkle cannot be held liable for any loss suffered by Wish Upon A Sparkle if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website. 

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to the Website; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

Products purchased from Wish Upon A Sparkle are not for re-sale or distribution. Wish Upon A Sparkle can at its sole discretion restrict ordering to a maximum of 5 pieces of any individual products and reserve the right to cancel any Orders which are suspected are being purchased for re-sale or distribution.

 

Delivery 

Any date or period for delivery shall be considered as indicative only. It is our policy to try to despatch all orders within 3 working days. Any products not available at the time of your order will be sent to you, as soon as possible, when received from the supplier. In any case, delivery will be made within 30 days after the date we accept your order.

If there are delays in the delivery caused by the supplier, the carrier or any other third party then Wish Upon A Sparkle will contact you as soon as possible to let you know and, provided we do this, we will not be liable for such delay. If there is a substantial delay you may end the contract using the procedure at clause 10 below and will be entitled to receive a refund for any products you have paid for but not received.

We deliver to all the countries listed on the Website, subject to our absolute discretion, (“International Delivery Destinations”). However there are restrictions on some goods for certain International Delivery Destinations, so please review the information on the Website carefully before ordering goods.

If you order goods from the Website for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.

You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.

You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law. 

If Wish Upon A Sparkle deliver your products late then you may treat the order as at an end in any of the following circumstances: if Wish Upon A Sparkle have refused to deliver the goods, if delivery within the delivery deadline was essential (taking into account all the relevant circumstances), or if you told Wish Upon A Sparkle before the order was accepted that delivery within the delivery deadline was essential. If you do not want to end the order, you can set another delivery deadline (which must be reasonable) and end the order if Wish Upon A Sparkle don’t meet the new order deadline. Otherwise, you can cancel the order and we will refund any amounts paid for the products and delivery. 

Where products have been delivered, you must return these to Wish Upon A Sparkle at the address above and we will refund the costs of such return.

 

Shipping

All Orders will be delivered using the service as detailed at time of ordering. Wish Upon A Sparkle has the right to fluctuate any prices in proportion with its costs for shipping but the cost of delivery will always be notified to you prior to completion of your order. The Customer must request any other delivery method at the time of order.

Passing of Risk

Customer will assume risk of the products ordered once they have been delivered to the address specified on the Order. Wish Upon A Sparkle accept no liability for undelivered parcels where the Customer provides an incorrect or invalid delivery address and/or fails to collect the Order from the delivery address specified following our reasonable efforts to contact you to deal with this.

In the event of an order being lost by a third party which has either been authorised by you to accept the products or a courier commissioned by you to deliver the products, Wish Upon A Sparkle bears no risk once it has been delivered to them. Where goods have been received damaged, a full refund will be made if we are notified of the problem within 30 days of delivery by email or otherwise in writing. You will then be required to return the goods together with their original packaging to Wish Upon A Sparkle trading address, also see clauses 9 and 10, below. 

Where the goods are signed for, the customer bears the risk once the goods are signed for (provided they are signed for by the customer or a person identified as authorised by you). If a customer believes that a parcel has been tampered with, it is their responsibility to refuse to sign for the goods (for the avoidance of doubt, signature for the parcel does not affect your rights of return under clause 10). 

Title and Defects

The Products shall be owned by you once we have received payment in full for the Products. The Customer shall inspect the goods within a reasonable time after their receipt. The Consumer Rights Act 2015 says products must be as described, fit for purpose and of satisfactory quality. The Customer shall notify the seller in writing or by email if the goods are faulty or misdescribed and shall be entitled to a full refund, to get the product repaired or replaced or to get some of their money back (please see clause 10 below).

 

Returns Procedure

If the goods are to be rejected, the Customer shall comply with the return procedure as defined in this clause 10. Wish Upon A Sparkle will not accept any returned goods should the return not follow the aforementioned return procedure.

The Customer must follow the returns policy, by emailing Wish Upon A Sparkle (info@wishuponasparkle.co.uk) to notify their intention to return any goods.

In cases where the rejection of the goods is due to a defect or discrepancy in the order, the Customer is entitled to a full refund within 30 days of the date of delivery of the products. The Customer must notify Wish Upon A Sparkle within 30 days of delivery and return the product to Wish Upon A Sparkle before the refund can be issued. 

We will examine the returned product and will notify you of and process your refund within a reasonable period of time and, in any case, within 14 days of the day we confirm to you that you were entitled to a refund for the defective product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us. 

In cases where the rejection is due to an incorrect order from the Customer or to dissatisfaction (where we are not at fault), the Customer is entitled to a partial refund (full refund of the goods less any postage costs), unless the order is cancelled within the cooling off period, in which case a full refund will be given. However, the Customer will be responsible for the cost of returning the item to Wish Upon A Sparkle. Goods must be returned to Wish Upon A Sparkle before the partial refund can be issued.

Cancellations which are not due to a defect or discrepancy are only accepted if the Customer complies with the following cancellation procedure and then follows the Returns Procedure.

Within 14 days after receipt of the goods, the Customer must contact Wish Upon A Sparkle in writing via the contact details above and, following which, they must be returned to us within 14 days. The goods must be ‘as new’ and unused, in original undamaged packaging, including all items and free gifts received. It is the Customer’s responsibility to take reasonable care of the products until their return to Wish Upon A Sparkle. Wish Upon A Sparkle will consider that the Customer has not taken reasonable care if the goods have been used in a way or extent, exceeding what a customer would similarly examine the goods in a retail shop prior to purchase and will be entitled to deduct an amount reflecting any such reduction in value due to your use. Any refund will be made within 14 days of receipt of the Customer’s returned products.

Our Liability 

If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the contract.

We only supply the products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We do not in any way exclude or limit our liability for:

death or personal injury caused by our negligence;

fraud or fraudulent misrepresentation;

defective products under the Consumer Rights Act 2015.

As a consumer, you have legal rights in relation to products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.

Privacy Policy

Any information passed through to Wish Upon A Sparkle is managed in accordance with the Data Protection Act 1998 and is passed through an HTTPS secure platform. If a customer wishes for their information to be removed from our database, this should be requested in writing to clare@wishuponasparkle.co.uk.

We may collect and process the following data about you:

Information that you provide by filling in forms on the Website. This includes information provided at the time of registering to use the Website and purchasing goods 

If you contact us, we may keep a record of that correspondence.

Details of transactions you carry out through the Website and of the fulfilment of your orders.

Details of your visits to the Website.

We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users' browsing actions and patterns, and does not identify any individual.

We use information held about you in the following ways:

To ensure that content from the Website is presented in the most effective manner for you and for your computer. 

To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes. 

To carry out our obligations arising from any contracts entered into between you and us. 

To allow you to participate in interactive features of our service, when you choose to do so.

To notify you about changes to our service.

We may also use your data, or permit selected third parties to use your data, to provide you with information about goods and services which may be of interest to you and we or they may contact you about these.

The Website uses cookies to distinguish you from other users of the Website. This helps us to provide you with a good experience when you browse the Website and also allows us to improve the Website. 

Please note, credit card details are not retained online. The only information stored is a customer's transaction history, name, address, phone number & e-mail address.

By submitting your email address in connection with the order/purchase process, you agree that we may use your email address to contact you for matters regarding your order and other promotional activity. If you wish to cancel your subscription to Wish Upon A Sparkle mailings, you can do so at any time by scrolling to the bottom of the email and clicking on the unsubscribe link. Alternatively, email info@wishuponasparkle.co.uk with a request to be removed.

Intellectual Property 

The Customer shall respect all licence agreements delivered by the copyright owners. Wish Upon A Sparkle cannot be held responsible or liable for any misuses conducted by the Customer or any third party.

All trademarks shown on www.wishuponasparkle.co.uk belong to their registered owners and must not be copied without prior permission. 

You must not use any part of the materials on the Website for commercial purposes without obtaining a licence to do so from us or our licensors.

Reviews 

Whenever you submit a review or make use of another feature that allows you to upload material to the Website, or to make contact with other users of the Website, you warrant that you will be accurate and that you will not submit content that is unlawful or otherwise objectionable. This includes, but is not limited to, content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist. You warrant that any such contribution complies with those standards and that you own or otherwise control all of the rights to the content that you post, and you indemnify us for any breach of these warranties.

Any material you upload to the Website will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content.

We have the right to use the name that you submit in connection with such content and to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the Website constitutes a violation of their intellectual property rights, or of their right to privacy. 

We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Website. 

We have the right to remove any material or posting you make on the Website if, in our opinion, such material does not comply with the content standards set out above.

International Customers

Customers from outside the UK can only pay by International credit card and must pay in GB Pound Sterling unless otherwise specified. All other terms and conditions apply.

Changes to Terms & Conditions

We reserve the right to change these terms and conditions at any time but will notify you in advance of such changes.

Law and Jurisdiction 

These terms and conditions are governed and shall be interpreted in accordance with English Law and shall be subject to the non-exclusive jurisdiction of the courts of England and Wales. Any person attempting to make fraudulent credit card transactions will be prosecuted with no exception. 

For more information check out our Refund Policy