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Terms & Conditions

Terms & Conditions

ANNEX 

PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY BEFORE USING ANY SPARK SPORTS PLATFORM.


WEBSITE TERMS AND CONDITIONS


Spark Sports Online Website

This website is owned and operated by Spark Sports a business registered in Zambia and having its registered address at Shop No G050 Ground Floor, Society Business Park (“the Company”). You may not access, display, use, download, and/or otherwise copy or distribute Content obtained on the website for marketing and other purposes without the consent of the Company. Each time you are using the website;

Read through these Terms and Conditions carefully;

Read our product warranty Terms and Conditions before going ahead with your purchase; and 

Read our password and security section regarding the use and security of your personal information.


Acceptance of Terms and Conditions

These Terms and Conditions create a legally binding agreement between you and Spark Sports and its affiliates regarding your use of the Platform. 

The services that the company provides to users are subject to the following Terms and Conditions:

a. Sparks Sports reserves the right to change these Terms and Conditions at any time. Any such changes will take effect when posted on the website and it is your responsibility to read through the Terms and Conditions on each occasion you use this website and your continued use of the website shall signify your acceptance to be bound by the latest Terms and Conditions.


b. In the event that you are using this website on behalf of another person natural or legal, you confirm that you have authority to bind that other person, on whose behalf you use this website, to these Terms and Conditions.


Member Account Password & Security

If any of the services requires User to open an account, User must complete the registration process by providing the company with current, complete and accurate information as prompted by the applicable registration form. User also will choose a password and a user name. User is entirely responsible for maintaining the confidentiality of User’s password and account details. Furthermore, User is entirely responsible for any and all activities that occur under his/her account. User agrees to notify the Company immediately of any unauthorized use of User’s account or any other breach of security. The company will not be liable for any loss that User may incur as a result of someone else using User’s password or account, either with or without User’s knowledge. However, User could be liable for losses incurred by the company or another party due to someone else using User’s account or password. User may not use anyone’s account at any time, without the permission of the account holder.


Applicable Law and Limitation of Actions

This website is controlled, operated and administered by the Company within the Republic of Zambia. These Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of Zambia, and you consent to the jurisdiction of the courts/regulatory authorities of competent jurisdiction situate within Zambia in the event of any dispute. If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. If you access this Site from outside the Republic of Zambia, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.


Intellectual Property

The Company or its licensors own all of the content on the Site and all the Intellectual Property ("IP") therein is protected by Zambian Law and International Copyrights, Trade Marks, Patent, Trade Secrets, and other IP or proprietary rights law.

Please consult your legal adviser before filing a notice with us because there may be penalties for false claims. Spark Sports may terminate the accounts of Platform users found to infringe third party copyrights.

If you believe that your work has been improperly copied to the Platform, such that it constitutes infringement, please provide us with the following information:

i. name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorised to act on his/her behalf;


ii. a description of the copyrighted work that you claim has been infringed;


iii. a description of where on the Platform the content that you claim is infringing is located;


iv. a written statement that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law; and


v. a statement, made under penalty of perjury (depending on applicable law), that the above information in your notice is accurate and that you are the copyright owner or that you are authorised to act on the copyright owner's behalf.



Consent to Electronic Communication

When you use the Website or send emails or other data, information or communication to the company, you agree and understand that you are communicating with us through electronic records and you consent to receive communications via electronic records from us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise. By communicating with us using electronic means, the electronic communication as well as this electronic document and any other electronic documents, policies and guidelines incorporated herein will be introduced as evidence in any judicial, arbitration, mediation or administer of proceeding will, if established and maintained in the ordinary course of business, be admissible in line with the electronic communications and transactions Act. 


Liability and Indemnity

The company gets its products from reputable manufacturers and authorised distributors known to adhere to strict safety and quality standards and are certified as such. However, the use of any product bought from this website is at your own risk. You indemnify us against any loss, injury or damages which we may sustain as a result of using the products sold on this website.

Subject to applicable law, we: (a) reserve the right to change the goods and services advertised or offered for sale through this Site, the prices or specifications of such goods and services, and any promotional offers and any other Site Materials at any time and from time to time without any notice or liability to you or any other person; (b) cannot guarantee (beyond our reasonable control) that goods or services advertised or offered for sale on this Site will be available when ordered or thereafter; (c) reserve the right to limit quantities sold or made available for sale; (d) While we endeavour to place appropriate Site materials of the products, we do not warrant that the Site Materials are accurate, complete, reliable, current or error-free; and (e) reserve the right to cancel, to terminate or not to process orders where the price or other material information on this site is inaccurate or when we recognize abuse of our policies. 

All prices are shown in Zambian Kwacha (ZMW) and include VAT (where applicable) at the applicable current rates. On rare occasions an error in our sales tax database may cause the sales tax charge to be incorrect. If this happens, at any time up to one year from your date of purchase you may contact us for a refund of tax overcharges.

This site is provided by us without any warranties or guarantees. You must bear the risks associated with the use of the Internet.

This site provides content from other Internet sites or resources and while the company tries to ensure that material included on this site is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. The company will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the use of this site.

If the company is informed of any inaccuracies in the material on the site we will attempt to correct the inaccuracies as soon as we reasonably can.


Online price and product details errors

If we discover an error in the price or product details of goods ordered or reserved, we will inform you as soon as possible (e.g. prior to the goods being dispatched or in-store prior to the collection of the goods). We will provide you the option of reconfirming your order at the correct price or canceling it. If we are unable to contact you we will treat the order as cancelled. If you choose to cancel and have already paid for the goods you will receive a full refund.

Reviews, Comments, Communications and Other Content

You may post reviews, comments and other content; send communications, and submit suggestions, ideas, questions or other information, as long as the content is not illegal, abusive, defamatory or infringing of intellectual property rights and does not contain software viruses or any form of spam. The company reserves the right (but not the obligation) to remove, delete or edit any content that in our sole judgement violates these conditions of use and/or terminate your permission to access or use the website.


Orders, Delivery Process, Delivery Options and Delivery Rates

The order placed by you through the Website shall be deemed an offer from you to buy the product(s) specified as per the order to the company (“Order”). On receipt of the Order, the Website will automatically generate an e-mail/SMS confirming receipt of your Order. Your receipt of Online order confirmation e-mail/SMS is only an acknowledgement of receipt of your Order and does not constitute an acceptance of your Order by the company online purchase.

The company lists availability information for products on the website. Please note that the stock situation changes dynamically, you will be informed by e-mail if any product(s) you have ordered is/are out of stock for any reason and an estimated availability date will be provided for when the product is expected to be in-stock again. Subject to availability of the product(s) ordered, the company will confirm its acceptance by SMS confirming the dispatch of the product(s) to your address/store of choice as specified on your Order (“Dispatch SMS”). The Order shall be deemed as accepted by the company on your receipt of the Dispatch SMS, failing which, the order will be cancelled.

You shall have the right to cancel your Order any time prior to your receipt of Dispatch SMS without any liability. Any cancellation after receipt of Dispatch SMS shall be subject to reimbursement of a 10% charge of total invoice value (“Cancellation Charges”) to cover the cost of expenses (including shipment charges) incurred by spark sports Online. These charges may be waived at the sole discretion of spark sport Online.


Payment Options

The company site accepts the following payment methods currently: Airtel Money, Mtn Money, Ewallet from all the banks. Visa and Master card will soon be accepted. Card transactions once implemented will be acquired for Online via approved payment gateways. The merchant outlet country at the time of presenting payment options to the cardholder is Zambia. Transaction Currency is Zambian Kwacha (ZMW).

Spark Sports online site also accepts Bank Deposits and Bank Transfers under the following procedure: Once your order is successfully placed, the Order ID assigned to Your order will act as the payment reference when transferring/depositing into our bank account. Your order will remain pending until the funds have cleared into our account. Your order will be considered cancelled if payment is not received into the Online account within 48 hours after placement of Your order. will confirm receipt of your deposit/transfer by E-mail/SMS to you. 


Returns & Cancellations

Cancelling Order Before Delivery

You may cancel any order free of charge and without giving us any reason, provided it has not yet been shipped. We begin processing orders placed at our online store almost immediately. If you wish to cancel your order, please check the status of your order first by visiting the "Order status" on the order page on our website. Please not that if the mode of payment is cash on delivery you may not cancel the order once it has been shipped to your address. Also note that every cash on delivery shipment will attract non-refunded shipping fee and the order will only be confirmed once the fee is paid. 

If the status of your order is "Pending" or "On Hold" you may cancel your order by contacting our call centre. Our consumer service agents will request a cancellation of your order at our warehouse. If successful, they will send you an email and the cancellation will be free of charge. If cancellation is not possible, the product(s) will be delivered to you and may be returned in accordance with the procedure set out on the return order section.


Returning Orders After Delivery 

You are entitled to return products delivered to you in the event that they are defective or otherwise not in conformity with your order when you received them at your own cost. In the event your claim is justified, the purchase price and the shipping costs will be refunded. If your claim is unjustified and the company has to send back the product to the customer again, the customer shall have to pay the shipping cost for sending the product back and the cost of shipping the item to the company shall not be refunded.

However, the company is only liable to you for any lack of conformity in a product that becomes apparent within 14 days from delivery of the product and that you have several statutory rights in this context. The foregoing does not limit these statutory rights in any way.


Your Right of Withdrawal

If for whatever reason you are not happy with a product you ordered, you may exercise your statutory right of withdrawal. You can invoke your right of withdrawal by informing us that you want to return the product within 24 hours after the product is delivered to you or to a third party indicated by you or, if you have ordered multiple goods in one order which are delivered separately, within 48 hours after the last product is delivered, without giving us any reason. 

If you use your right of withdrawal, you have an obligation to return the products to us without undue delay and no later than 48 hours from the day on which you have communicated to us that you invoke your right of withdrawal.

Please make sure that the products you return are complete and not used in any way other than what is reasonably necessary to decide if you want to keep the products. If you do not comply with the foregoing and the value of the product diminishes as a consequence thereof, we can hold you liable for such diminished value. 

If you inform us that you wish to return a product, we shall reimburse to you all payments received, including the delivery costs without undue delay and in any event not later than 30 days from the day on which we are informed about your decision to exercise your right of withdrawal. We may however choose to withhold the reimbursement until we have received the products back or until you have supplied evidence of having sent back the products. 


Refund Information

Refunds will be issued based on the original form of payment. If you paid via other modes of payment stated above other than cash you need to give this information to Customer Service when you initiate the return so that we can refund the money directly to your account.  



Complaints & Inquiry 

                           For normal complaint or inquiry send to: 

                           Email: inquiry@sparksports.biz

                           Phone: +260 973 537 441

                           G050, Ground Floor, Society Business Park, Cairo Road, Lusaka, Zambia

                            

                           For complaints regarding orders sent to:

                           Email to: order@sparksport.biz


                           For complaints regarding orders sent to:

                            Email to: delivery@sparksports.biz

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