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Terms & Conditions

Terms & Conditions

Free Shipping is available for continental USA orders only. International and other USA states & territories must use International shipping rates for non-pyrotechnic & non-hazardous items only. LED items contain hazardous materials requiring custom & hazardous materials forms.

By accessing this Website, you agree to be bound by the terms and conditions appearing in this document. If there is anything you do not understand please email any inquiry to info@sparklers-incyberspace.com

By purchasing from this web site, you agree that you are 18 years of age or older and you are purchasing with the knowledge that you are abiding the laws of your state and are bound by the terms and conditions appearing in this document.

In these terms and conditions "We/us/our/Carnright Design Inc. DBA" means Sparklers in-CyberSPACE, "Website" means any website owned by Carnright Design Inc. (or any subsequent URL which may replace it) and all associated websites and micro sites of Carnright Design Inc. DBA and "You/your" means you as a user of the Website.

You shall not use the Website for any illegal purposes, and you will use it in compliance with all applicable laws and regulations. You agree not to use the Website in a way that may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired;

You agree not to attempt any unauthorized access to any part or component of the Website; and you agree that in the event that you have any right, claim or action against any Users arising out of that User's use of the Website, then you will pursue such right, claim or action independently of and without recourse to us.

YOU AGREE TO BE FULLY RESPONSIBLE FOR (AND FULLY INDEMNIFY US AGAINST) ALL CLAIMS, LIABILITY, DAMAGES, LOSSES, COSTS AND EXPENSES, INCLUDING LEGAL FEES, SUFFERED BY US AND ARISING OUT OF ANY BREACH OF THE CONDITIONS BY YOU OR ANY OTHER LIABILITIES ARISING OUT OF YOUR USE OF THE WEBSITE, OR THE USE BY ANY OTHER PERSON ACCESSING THE WEBSITE USING YOUR PC OR INTERNET ACCESS ACCOUNT.

We reserve the right to modify or withdraw, temporarily or permanently, the Website (or any part of) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website.

We may alter these terms and conditions from time to time, and your use of the Website (or any part of) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.

The Website is subject to constant change. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website.

We are not responsible for the availability of any external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of any third party websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.

We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website).

You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorized by us.

You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

The Website is Copyright of, Carnright Design Inc., DBA. All rights reserved.

WE MAKE NO WARRANTIES, WHETHER EXPRESS OR IMPLIED IN RELATION TO THE ACCURACY OF ANY INFORMATION WE PLACE ON THE WEBSITE. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR ENDORSEMENT. UNLESS SPECIFIED IN SEPARATE TERMS AND CONDITIONS RELATED TO A PARTICULAR PRODUCT OR SERVICE, WE MAKE NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, IN RELATION TO THE WEBSITE, OR PRODUCTS OR SERVICES OFFERED ON THE WEBSITE WHETHER BY US OR ON OUR BEHALF (INCLUDING FREE SOFTWARE DOWNLOADS) INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, ACCURACY, CONDITION OR COMPLETENESS, OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OR TRADE.

UNLESS SPECIFIED IN SEPARATE TERMS AND CONDITIONS RELATED TO A PARTICULAR PRODUCT OR SERVICE, WE MAKE NO WARRANTY THAT THE WEBSITE OR PRODUCTS OR SERVICES OFFERED ON THE WEBSITE WHETHER BY US OR ON OUR BEHALF (INCLUDING FREE SOFTWARE DOWNLOADS) WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE OR PRODUCTS OR SERVICES OFFERED ON THE WEBSITE WHETHER BY US OR ON OUR BEHALF (INCLUDING FREE SOFTWARE DOWNLOADS) ARE FREE OF VIRUSES OR BUGS OR ARE FULLY FUNCTIONAL, ACCURATE, OR RELIABLE. WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS OF CONTENT OR MATERIAL AS A RESULT OF UPLOADING TO OR DOWNLOADING FROM THE WEBSITE.

YOU ACKNOWLEDGE THAT WE CANNOT GUARANTEE AND THEREFORE SHALL NOT BE IN ANY WAY RESPONSIBLE FOR THE SECURITY OR PRIVACY OF THE WEBSITE AND ANY INFORMATION PROVIDED TO OR TAKEN FROM THE WEBSITE BY YOU.

WE WILL NOT BE LIABLE, IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), PRE-CONTRACT OR OTHER REPRESENTATIONS (OTHER THAN FRAUDULENT MISREPRESENTATIONS) OR OTHERWISE OUT OF OR IN CONNECTION WITH THE WEBSITE OR PRODUCTS OR SERVICES OFFERED ON THE WEBSITE WHETHER BY US OR ON OUR BEHALF (INCLUDING FREE SOFTWARE DOWNLOADS) FOR ANY ECONOMIC LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS OR ANTICIPATED SAVINGS) OR ANY LOSS OF GOODWILL OR REPUTATION, OR ANY LOSS OR CORRUPTION OF DATA, OR ANY SPECIAL OR INDIRECT OR CONSEQUENTIAL LOSSES; IN ANY CASE WHETHER OR NOT SUCH LOSSES WERE WITHIN THE CONTEMPLATION OF EITHER OF US AT THE DATE ON WHICH THE EVENT GIVING RISE TO THE LOSS OCCURRED.

We will not be liable in contract, tort or otherwise if you incur loss or damage connecting to the Website through a third party's hypertext link.

Notwithstanding any other provision in the Conditions, nothing shall limit your rights as a consumer under U.S. law where or insofar as such rights cannot be derogated from by contract.

Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.

If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.

Nothing shall be construed as a waiver by us of any preceding or succeeding breach of any provision.

These Conditions and documents referred to herein (as amended from time to time) contain the entire agreement between you and us relating to the subject matter covered and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between you and us in relation to such matters. No oral explanation or oral information given by either of us shall alter the interpretation of these Conditions. You confirm that, in agreeing to accept these Conditions, you have not relied on any representation save insofar as the same has expressly been made a representation in these Conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of these Conditions save that your agreement contained in this Clause shall not apply in respect of any fraudulent misrepresentation whether or not such has become a term of these Conditions.

These Conditions will be exclusively governed by and construed in accordance with the laws of the United States whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.

Additional Terms and Conditions -- Disclaimer

All prices quoted are cash prices and are quoted FOB to the nearest Distribution Center stocking product. Prices, terms, and specifications are subject to change by Carnright Design Inc. DBA without notice. Payment is due in full upon delivery of the order to the purchaser. Should purchaser fail for any reason to make payment in full, the outstanding unpaid balance shall bear interest at the rate of 18% per annum until paid in full. Should purchaser fail to make payment for its order upon delivery, refuse delivery, or otherwise breach the terms of this agreement, Carnright Design Inc. DBA shall be entitled to recover both actual damages, interest, consequential damages and all costs and expenses including collection fees, court costs, and attorney’s fees.

The written order, invoice from Carnright Design Inc. DBA and these terms and provisions constitute the entire agreement of the parties and shall not be modified except by written agreement signed by both parties. No verbal agreements are recognized or enforceable. The order is a binding contract under Pennsylvania, Florida and/or Ohio Law, which shall be governed by the State of Pennsylvania, Florida and Ohio, depending on where the product is shipped from. By submitting this order, the purchaser irrevocably consents that the State of Pennsylvania, Florida and Ohio, depending on where the product is shipped from shall have sole and exclusive jurisdiction over the purchaser and any dispute or cause of action arising under this contract.

The purchaser acknowledges that fireworks are not sold on consignment or approval and are not returnable. Payment in full is due upon delivery of the product to the purchaser. We will substitute items when necessary. The purchaser must inspect the product upon receipt and all claims for discrepancies, shortages, and/or damages must be made in writing within seven (7) calendar days of the receipt of the order or shall be deemed as waived by the purchaser.

The purchaser is solely responsible for posting and compliance with all local, state, and federal laws. Carnright Design Inc. DBA does not assume responsibility. Carnright Design Inc. DBA is not responsible for injury, damage, or loss sustained in shipping or due to the resale or use of fireworks. This transaction is a wholesale/retail commercial transaction between knowledgeable merchants/purchaser/buyer/ and consumers. This agreement is solely between vendor and purchaser and shall not constitute a joint venture or partnership under any circumstances. Nor shall the purchaser be the agent, dealer, or representative of Carnright Design Inc. DBA. The purchaser is an independent merchants/purchaser/buyer/ and consumers and is buying the product for resale/or private use and is solely responsible for the safe handling and safe retail marketing of the products sold.

All customers should phone and make arrangement ahead of time to pick up their orders. This will enable us to have most of the order ready when you arrive and prevent waiting. Please give us at least 48 hours advance notice unless it is crucial and we will make exceptions.

 

  1. Sparklers-inCyberSPACE.com stands behind the quality of all our products. If a product is damaged in transit or is defective, we will refund, replace or exchange the item for you. Please call us at 570-240-6371 Monday through Friday, 9AM - 12PM (EDT). We will then direct you on how to return the product.

    Defective does not cover not knowing how to light the product when instructions are on our web site. Please feel free to call us at 570-240-6371 for any questions Monday through Friday, 9AM - 5PM (EDT).

    All orders must be canceled within one business day and before 2 PM EST when the bank processes any redit card charges - before the order has shipped and before the merchant account bank has processed the charge. No cancellations after order has shipped or the merchant account bank has processed the charge. If an order is canceled before shipment but after the merchant account bank has processed the order, you will be charged the merchant account processing fee of $20.00 and all refunds will be in a form of a check. It will not be refunded to your credit card or you will be charged additional merchant account processing fees for issuing a refund.

    As these are novelty fireworks and bar items and we have no way of knowing whether or not there actually is a problem other than your say so, all purchases are final unless you can absolutely prove to me either in a picture or return of one or more of the products that has malfunctioned along with any unlit items.

  2. Our merchandise is sold only with the agreement that you will obey all pertinent laws, including Federal, State, County, City, and other local laws.

  3. EDD = Estimated Delivery Date. Sparklers in-CyberSPACE does not guarantee delivery dates due to the fact that once the package it out of our hands it is out of our control.

  4. If an order is damaged when you receive it from UPS, Sparklers in-CyberSPACE must be notified within 1 business day by phone or email and provide pictures of the damage if requested. If the damage is legitimate, we will gladly replace the product and submit a claim to UPS for the damage.

  5. All cancellations must occur within one business day. If you cancel within one business day and the order has not been shipped, your credit card charge will be voided.

    No cancellation after an order has been shipped. If you wish to return the product, you must pay the shipping and no refunds are given. You may receive a store credit for the amount of the returned product.

    All returned products are subject to shipping charges to and from Sparklers in-CyberSPACE and a restocking fee. You will receive store credit in the amount of the returned products.

  6. Sparklers in-CyberSPACE (Sparklers-inCyberSPACE.com) issues in-store credit for orders that have to be replaced. We DO NOT issue refunds.

  7. If you are given a store credit for a discount provided by us (discounts are given by us at our discretion, not everyone will receive a discount and not everyone will receive the same discount) then that is not an overpayment but a customer gift from us. We DO NOT ISSUE REFUNDS VIA CHECK, MONEY ORDER or Credit Card for discount store credits. All store credits are only applicable towards future purchases of product.

  8. Overpayments on orders or shipping charges are refundable only by store credit. We DO NOT ISSUE REFUNDS VIA CHECK, MONEY ORDER or Credit Card for discount store credits. All store credits are only applicable towards future purchases of product.

  9. If the shipment is lost, please notify us as soon as you determine there is a delay in the shipment so that we may contact UPS to track the shipment. If it doesn't deliver, we will reship the order and submit a claim to UPS.

  10. We try to maintain accurate records on our inventory so that we know what we have in stock all the time. In the event an item is out of stock, we reserve the right to substitute a similar item of equal or greater value.

  11. You must be 18 years old to purchase fireworks. By submitting your order with Sparklers-inCyberSPACE.com, you certify that you are at least 18 years of age.

  12. We accept e-Checks, VISA, MasterCard, American Express and Discover through Authorize.net, Intuit PaymentNetwork and PayPal. For credit card orders, we require the zip code that your card is billed to, and the three-digit security code that is printed in the signature block on the back of your card.

  13. While we have invested a considerable amount of time verifying the data on our website, we are not responsible for errors or omissions on our website. If you find an error, or believe something is not clear, call us at 570-240-6371 or sends email to info@sparklers-incyberspace.com and we will have it corrected promptly.

  14. Pennsylvania residents must pay 6% sales tax on all items ordered. Other States do not have to pay sales tax.

  15. Prices on our website are subject to change without notice.

  16. We reserve the right to modify our Terms and Conditions at any time.

Replacing Damaged or Defective Items

 

If your product is damaged in shipment or won't light or is defective in any way, you must provide us with the following for us to replace or issue store credit. DO NOT issue refunds - only replacement of product or store credit.

 

Damaged Items

 

All damaged replacements will be submitted to FedEx, UPS or USPS for a claim so we need to following in order to replace your product:

 

  • Photo of the shipping box
  • Photo of the inside box
  • Photo of the damaged items
  • How many damaged items
  • copy of the order or order number or name used to order
  • confirmation of shipping address

 

Without the above, we cannot process your claim for damaged items.

 

Defective Products

 

In order to replace defective items, we need a video of the item and how it's behaving, the defective item returned to us along with any unused items in the package or box BEFORE we can issue a replacement.

 

As pyrotechnic items are hand made in China, there may be a few in each case that won't work properly. If it becomes more than that, we need to know and we need to know exactly how many along with how they are working to cause the issues. That's why we need a video. We need this info to send to the manufacturers. We can't supply them with vague comments. We need to know EXACTLY what's going on and send them the unused items for them to test.

 

Please send all returns with the appropriate documentation to the return address on the shipping label.

 

If you have any questions, please call 570-240-6371

 

570-240-6371 with any questions

 
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DISCLAIMER

Carnright Design Inc. DBA Sparklers in-CyberSPACE does not advocate or recommend using the products in this website in a manner that will cause harm to yourself or others. If you or your employees or friends choose to do so, you do it with the understanding that Carnright Design Inc DBA Sparklers in-CyberSPACE will not be held responsible for any injuries due to your, your friends or employees making a conscious choice to mishandle the sparklers by you, your employees or your friends. Hazardous warnings are on packaging and some are implied. These are dangerous materials just as sharp knives, bullets, matches, etcetera and should be used with care and caution.

You MUST be 18 or over to purchase fireworks and you must obey the laws of your state. If you purchase any items from this site that are illegal in your state, you are soley responsible for all legal consequences resulting from the transportation, storage and use of your state's illegal products.

Use safety precautions when using deregulated toy novelty Fireworks as they do contain minimal amounts of explosive chemicals and are dangerous when used in an irresponsible manner. Children MUST be supervised by adults.

When purchasing fireworks from Carnright Design Inc. DBA Sparklers in-CyberSpace, you agree to indemnify and hold harmless Sparklers in-CyberSPACE from any and all legal consequences arising from the purchase, transportation, storage or use of fireworks and other pyrotechnic materials by you, your employees or friends and agree to all this websites terms and conditions plus the laws of your state.