TERMS OF USE

Introduction

These Terms of Use apply to your purchases on, and your use of, the website and constitute a legally binding agreement between Eden Spark, a brand operated by Dinat Consulting Ltd., a limited Company a corporation organized and existing under the laws of Cyprus ("Eden Spark" or the "company") and you (“Customer" or "you") and governs your use of our services as defined below and website available at: website ("Website"). It is important and recommended that you take the time to read these Terms of Use carefully.

By entering to, accessing or using the Website or its services you acknowledge that you have read and understood these terms of use, our privacy policy as well as our shipping, returns & exchanges policies [https://www.edensparkjewelery.com/shipping-returns], and agree to be bound and to fully comply with the terms, you further agree to comply with all applicable laws and regulations regarding your use of the website or services and you acknowledge that these terms constitute a binding and enforceable legal electronic contract between you and us.

We reserve the right to periodically amend or revise the Terms at our sole discretion; such changes will be effective immediately upon the display of the revised Terms on the Website.

Service

The Website is an e-Commerce Website provides you with a unique shopping experience by enabling you to connect, browse and purchase unique, inspiring and high fashionable jewelries (each shall be referred to as “Item”) made and designed by talented and amazing designers. Our Items are manufactured to meet Eden Spark 's high-quality standards. Some of Eden Sparks' sales are processed through a return call to a potential customer who left his contact details in response to an online advertisement. In such a case, the provisions of these Terms of Use will apply in addition to the Privacy Policy on these sales, respectively. For training and security purposes, telephone calls may be recorded.

Purchase

In order to perform a purchase on the website, on credit, you must be 18 years of age, If you are under 18, you may use the Services only with involvement of a parent or guardian.

You may register to the website by opening an online account and subscribing to Eden Spark's newsletter to Eden Spark's online newsletter. If you do not wish to open a personal account, you may perform the purchase as a guest.

To place an order, you will be required to follow the shopping process online and press the "Authorize payment" button to submit the order. After that, you will receive an e-mail from us acknowledging that we have received your order attached with the payment receipt for your purchase (the "Order Accepted"). Please note that this does not mean that your order has been confirmed, as your order constitutes your offer to us to buy one or more Items from us. All orders are subject to our confirmation, and we will provide you with our confirmation by sending you an e-mail that confirming your order ("Order Confirmation"). Upon shipment, we will send you an email confirming that the Item has been dispatched (the "Shipment Confirmation”). We will not be bound to supply any other products/Items which may have been part of your order until the Order Confirmation email of such products has been confirmed in a separate Shipment Confirmation.

Fulfilling Your Order

We strive to guarantee delivery within 14 days of receipt of the order and whenever possible we will send your order in the next available mail out (Monday to Friday). However, in some cases when we are tailoring the Item to your requirements, there could be a delay of several weeks. After you have placed your order we will verify your credit card details and process your order. You will be sent a confirmation email.

Uncollected Shipments

Should you fail to receive the Item's parcel within the specified time, we will charge you for costs relating to returning the parcel to us or scheduling a different shipment date, administrative costs involved and costs for the new shipping.

Items' Warranty

All Items have a 1 year warranty from date the date of receipt of the shipment which includes resizing and reasonable defect remedy. After this warranty period, all repairs are subject to an additional service charge in accordance to our Service Charge Table[DST1] . When an Item is returned within the warranty period, it will be repaired or exchanged for a new Item by Eden Spark at Eden Spark's sole discretion, at no extra cost (excluding shipment's costs which shall be imposed on the Customer). Repair or exchange will be made within a reasonable time after the Item has been returned to Eden Spark. If your Item has a defect that falls within the scope of the warranty, please contact our customer service by email on Contact@edensparkjewlery.com. For faster handling, you may include the following information: (a) Order Number; (b) Images of the Item and its damage, taken from different distances as this may facilitate the return process in the assessment stage.

Eden Spark's warranty does not cover: (a) Defects and damage as a result of loss, theft, fire, water or natural disaster; (b) Faults or damage caused by unauthorized repair or modification by a third party without the consent of Eden Spark; (c) Faults or damage caused by improper use, negligence (chock, indents, crushing, wear, scratches etc.) or accidents; (d) normal wear and tear (such as minor scratches, dis-colouration of the material etc.)

Intellectual Property

The Website, Services, Items, Item’s descriptions, pictures, video, signs and all of other content available herein, including but not limited, blogs, articles, images, text, trademarks, logos and designs, owned by Eden Spark or its third-party partners and provided to you for your personal and non-commercial use, all subject to the Terms herein. By accessing the Website, using the Services or creating an Account, we hereby grant you a limited, non-exclusive, non-transferable, non-commercial license to access the Website and use the Service. Except as provided herein, no right, title or interest shall be licensed to you, and we reserve any and all rights, title and ownership of the Service, Website and the content displayed therein. We reserve the right to disable the access to services or other services by anyone who infringes the intellectual property rights of others.

Shipping, Returns & Exchanges

When submitting your order, you may choose between Standard Shipping and Express Shipping for some Items or if you wish to return or exchange an Item you purchased, all in accordance to our Shipping, Returns & Exchanges Policy https://www.edensparkjewelery.com/shipping-returns

Customer Responsibility

Eden Spark cannot guarantee that the sale and delivery of its goods to your particular country or location is permissible, so please be aware of your own geographic import restrictions. No prospective customer should seek to make any order through the Website from jurisdictions in which it would be illegal for Eden Spark to sell Items and Eden Spark reserves the right to refuse, cancel or refrain from any purchase at its sole discretion.

Electronic Communications

When you use the Services, or send us e-mails, text messages, and other communications from your device, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, or notices and messages on the Website services, such as our support service, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Privacy

Our Privacy Policy describes how we access, use, store and share your information when you access the Website and use the Services, and is incorporated in these Terms by reference. By accessing the Website and using the Services, you agree and understand that we will use your information as set forth in our Privacy Policy [https://www.edensparkjewelery.com/store-policy]. Further, by entering your email address and subscribing you hereby agree to receive our promotions and other commercial messages, you may unsubscribe at any time

Disclaimer of Warranties

All orders for any of the Items, is subject to the Item’s availability and to confirmation of the order which shall be displayed following your order submission. All prices do not include any applicable taxes and you are responsible for any customs and import taxes that may apply. Eden Spark shall not be responsible for any delays in shipment which may accrue due to customs. We may use a third-party payment processor when you place an order (“Third Party Processor”), therefore, we have limited control and will not be held responsible for error by the Third Party Processor occurring during the order and purchase. We will make best efforts to assist in any such errors with Third Party Processors.

Eden Spark work to keep the Website up to date but cannot guarantee that this Website and its contents are completely free of technical errors, incorrect prices or information. We are also not liable for any damages associated with use of this site however caused. All orders for Items are subject to availability and in this regard, in the event of supply difficulties or because Items are no longer in stock, we reserve the right to give you information about substitute Items of an equal or higher quality and value which you can order. If you do not wish to order such substitute Item, we will refund any monies that you might have paid.

The content (especially the selected Items) may contain certain typographical inaccuracies or incomplete information. We may, at any time, correct any of such inaccuracies without prior notice. In case you are not satisfied with your purchase due to any inaccuracy, you may return the Item(s) you have purchase according to our Shipping, Returns & Exchanges Policy[DST5] . Although we make every effort to display as accurately as possible the colors and styles of our Items, we cannot guarantee that your computer monitor's display of any color or style will be accurate. If you are not satisfied with the color of the Item you have purchased, you may return it according to our Shipping, Returns & Exchanges Policy[DST6] . If you are not sure about any of the Item’s description, you may address us with any question at Contact@edensparkjewlery.com and we will be happy to assist you.

Limitation Of Liability

You acknowledge and agree that to the fullest extent permitted by law, Eden Spark (including, without limitation, its affiliates and their respective officers, directors, employees and agents), as well as its vendors, distributors, third party licensors, or equipment and service providers shall not be liable for any indirect, incidental, consequential, special, or exemplary damages or damages for lost profits, interruption, loss of data, loss of goodwill, work stoppage, device failure, or malfunction, or damages arising out of the use or inability to use the website or service even if Eden Spark has been advised of the possibility of such damages. Notwithstanding anything to the contrary according to this Terms of Use, it is clarified that the total liability of Eden Spark, Dinat Consulting Ltd., and any of its directors, employees and affiliates, including by reimbursement, breach of contract or otherwise shall not exceed 100% of the purchase price. this limitation of liability does not affect Eden Spark’s liability for personal injury arising from its negligence, nor for fraudulent misrepresentation or any other liability which cannot be excluded or limited under applicable law.

Law and Jurisdiction

Contracts for the purchase of Items through the Website will be governed by Cyprus law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the Cyprus courts.

Miscellaneous

These terms, constitutes the entire understanding between the parties with respect to the use of the Website or service. If any provision of these Terms is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances. Failure of Eden Spark to enforce any rights or to take action against you in the event of any breach hereunder shall not be deemed as a waiver of such rights or of subsequent actions in the event of future breaches.

Modifications to the Terms of Use

We may update these Terms of Use from time to time. If we believe that the changes are material, we will let you know by posting the changes by sending you an email or message about the changes. That way you can decide whether you want to continue using the Services. Changes will be effective upon the posting of the changes unless otherwise specified. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms of Use.

Eden Spark

8, Elpidas, Pyrgos

4534 Limassol, Cyprus

If you wish to check the status of your shipment, please contact us at Contact@edensparkjewlery.com and respond to the questions for us to assist you. As the customer, you are responsible to ensure that the address and user data provided are correct. Eden Spark is not responsible for situations where the shipment has been returned to Eden Spark due to incorrect information being provided. In these cases, we will contact you for reimbursement of the additional shipping costs incurred.