This website and shop is owned and managed by SPARK Marketing Services Ltd. Hereby referred to as ('SPARK') in these terms and conditions. Our address is: SPARK Marketing Services Ltd, The Old Sawmills, Filleigh, Barnstaple, EX32 0RN. Company number 09975027. VAT number GB 245 5395 88
Abbreviations used in these Terms and Conditions.
o SPARK – SPARK Marketing Services Ltd
o The User – The person using the website.
o The Purchaser – The person who is placing an order via the website.
USING THE WEBSITE AND REGISTERING
SPARK grants the purchaser a licence to access and use this website, but prohibits the use for commercial purposes of any of the content, nor to collect or store any of the product descriptions, images or prices, either manually or using systematic data-mining or data gathering techniques without the express written permission of SPARK.
All of the content on the website is the property of SPARK and enjoys the full protection of UK and international copyright law.
Our website gives you the option of registering with us a username and password. It is the user’s responsibility to keep their username and password confidential. SPARK are unable to verify the identity of website users and cannot be liable for any actions resulting from another user other than yourself using your confidential details.
PLACING AN ORDER ON THE WEBSITE
By placing an order through the website, the user is confirming they are at least 18 years of age and capable of entering into a legally binding contract under English law.
When an order is submitted to SPARK, that submission constitutes an offer to purchase goods from SPARK. On acceptance of the offer by SPARK, the purchaser’s contract and Statutory rights are with SPARK.
As the purchaser will have immediate access to downloadable, electronic or “softcopy” goods or other electronic services of immediate value, the purchaser will be required to accept these terms and conditions at checkout, waiving their right to a refund under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. Once the order confirmation has been received, the order is non-refundable as the vouchers are digitally delivered and instantly available for use; the purchaser can view the codes on screen and shall also receive an email confirmation with their order. SPARK are not responsible in the event that the purchaser has selected the wrong voucher type or have simply changed their mind.
SPARK reserves the right to change product prices from time to time and always aims to ensure that the website is as up to date as possible. In the unlikely event that a product is shown on the website at an incorrect price, SPARK reserves the right not to sell at the advertised price and will endeavor to contact the purchaser to ask if they wish to purchase at the correct price. If the purchaser confirms that they are happy to purchase at the correct price, that confirmation will constitute a new offer to SPARK.
On the Website SPARK publish the “normal price” of the equivalent ticket that the vouchers we sell may be exchanged for. Where these are listed specific to cinema (brand and location) the “normal price” is that of the equivalent ticket in “peak” hours (i.e. the equivalent of a Saturday night price). Where the “normal price” is attached to an entire cinema chain this is the average of the peak price at those cinemas that the voucher is valid at.
The codes that we sell on our website are supplied to SPARK by the cinema companies whose name is communicated on the page that the codes are advertised upon. On the product pages you will see the specific terms and conditions of that particular cinema provider relating to the use of the codes. It is the responsibility of the purchaser to read those terms and conditions before placing an order for the codes, as the cinema provider govern how the purchaser will be able to use the codes.
It is essential that the purchaser only use the cinema vouchers for their own personal enjoyment and that of their friends and family. If SPARK were to discover that the purchaser or anyone associated with the purchaser were selling the vouchers or otherwise breaking the conditions of sale then SPARK may be forced into taking action against them.
Payment on the website may be made via various means including Visa, MasterCard, Maestro, Maestro International, PayPal, GooglePay, ApplePay and Visa Electron. SPARK reserves the right to alter payment options at any time.
SPARK charge customers' payment method at the time the order is placed. Our website does not allow the purchaser to order products which are out of stock which means that customers should only ever be paying for products which can be shipped immediately. Occasionally, however, the stock position shown on the website may be inaccurate and we might be unable to send a product shown as 'in stock' and for which the purchaser has paid. If this happens, SPARK will contact the purchaser to ask whether they would prefer to cancel the order and receive a refund or wait until stock becomes available.
Customer credit and debit cards are charged by SPARK in pounds sterling for purchases of UK usable vouchers or Euro’s for those that are usable in Ireland.
Ownership of goods remains with SPARK until full payment is received to SPARK from the customer.
SPARK is required by law to charge Value Added Tax (VAT) on all its products.
LIMITATION OF LIABILITY
Nothing in this clause excludes or limits SPARK's liability for fraud, fraudulent misrepresentation or gross negligence by the company or its employees or restricts your statutory rights.
Subject to the above, SPARK will not be liable for:
i. any damage or loss suffered by the purchaser where such damage or loss was not reasonably foreseeable at the time of contract, including damage or loss resulting from a breach by SPARK of these Terms and Conditions
ii. any damage or loss suffered by the purchaser where they did not enter into a contract with SPARK as a consumer
SPARK's total liability to the purchaser for loss or damage arising out of their contact with the purchaser will be limited in respect of each claim to the purchase price of your order or orders.
SPARK will not be responsible for any breach of our contractual obligations if the breach arose out of an event beyond its control, including but without limitation: failure of infrastructure, government intervention, wars, civil commotion, virus outbreak, hijacking, fire, flood, accident, storm, strikes, lockouts, terrorist attacks or industrial action affecting either SPARK or its suppliers.
Upon receipt of your vouchers SPARK accepts no liability for any issues experienced upon your visit to the cinema or in the process of booking your cinema tickets. Should you experience poor service, physical harm or damage during your cinema visit then please take this up with the cinema concerned, any liability on SPARKs part can only be accepted in relation to getting valid vouchers to the purchaser.
SPARK reserves the right to make changes to its website, policies, and Terms & Conditions at its absolute discretion.
If any of these Terms & Conditions are determined to be illegal, invalid or otherwise unenforceable by law, to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms, and the remaining Terms & Conditions shall survive, remain in full force and effect and continue to be binding and enforceable.
These Terms & Conditions are governed by and construed in accordance with the laws of England and Wales.