General terms & conditions
These terms and conditions (‘Terms’) set out the terms and conditions on which you may access and use the Sonoma Petaluma Parks Association (SPPARKS) website www.sonomaparks.org (the ‘Website’) and (if applicable) purchase any products via the Website.
Please read these Terms carefully before using any aspect of the Website as, by accessing or using the Website and (if applicable) by purchasing any products via the Website, you indicate that you accept these Terms and agree to abide by them. If you do not agree to these Terms, you must not use or access the Website.
The Website is owned and operated Sonoma Petaluma Parks Association, a registered Not For Profit cooperating association operating from 36 E Spain St, Sonoma CA USA. In these Terms we use ‘SPPARKS’, ‘we’, ‘our’ and ‘us’ to refer to Sonoma Petaluma Parks Association.
Making a Purchase
To purchase products from the Website you must be 18 years of age or order.
To make a purchase simply browse through the products featured on the Website and click on the items that you wish to buy to add them to your shopping basket.
After you have finished shopping, click on ‘Checkout Now’ and you will be asked to log in or create a personal account before providing additional details that we need to satisfy your order.
Once your order has been received, we will issue you with an order number by email. This order number is supplied for reference purposes only and does not constitute our acceptance of your order.
Your order is an offer by you to purchase the product(s) ordered from us. Our acceptance of your order will take place only when we dispatch the products that you ordered from us and our acceptance will only relate to the products dispatched and not any other products included in your order. We may refuse to accept or fulfil any order in our absolute discretion. If payment is taken before products are dispatched and the order is subsequently not accepted in full, the payment will be refunded for any elements of the order that are not accepted. Please note that refunds will not cover any fees that may be imposed by your bank or finance provider.
Price and Payment
The price of our products and our delivery charges will be as quoted on our Website from time to time, except in the case of obvious error. All prices are displayed in United States Dollars exclusive of sales tax where applicable.
Our Website contains a large number of products and it is always possible that some of the products listed on the Website may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that where a product’s correct price is less than the stated price, we will charge the lower amount when dispatching the product to you. If a product’s correct price is higher than the price stated on the Website, we will either contact you for instructions before dispatching the product, or reject your order and notify you of such rejection. We are under no obligation to provide any product to you at an incorrect price.
Please note that all products that you order through the Website will remain the property of SPPARKS until we have dispatched them and received payment in full from you for those products.
Payment may be made by debit or credit card, through finance or such other methods as listed on the Website checkout page when placing an order. For full information and terms of finance please click here. If for any reason any payment is refused after we have dispatched any product(s) we will have the right to request the payment from you or recover the relevant product(s). We may charge you for any costs incurred by us in recovering the product(s) or seeking further payment.
Delivery of Products
Products featured on the Website may be available for delivery by click and collect and/or delivery direct to home. Please refer to the relevant product pages for details of which delivery option is available for your chosen product.
The delivery times shown on the Website assume that a product is in stock. If we do not have a product that you ordered in stock, we will let you know as soon as possible and provide an estimated date on which the product will be dispatched. If you do not accept the revised dispatch date, you will be entitled to cancel your order and receive a refund.
Delivery by Click and Collect
When selecting a product to purchase, you will be asked to select your preferred store for collection.
We will you directly once your product is ready to collect or has shipped. Your product will be held for collection for 15 (fifteen) days. If you have not collected your product within this time, we will attempt to contact you for further instructions and may charge you for reasonable storage costs and (if applicable) any subsequent delivery costs. If, despite our reasonable efforts, we are unable to contact you or rearrange the collection or a delivery we will have the right (but not the obligation) to cancel your order and refund to you the price paid less any losses and/or reasonable costs that we have incurred in relation your failure to collect the product. Please note that you will be required to provide your order number and proof of identify upon collection.
Once you have collected your product, risk in that product passes to you and you are responsible for its security.
For more information about click and collect please click here.
Delivery of Products
Delivery of products will be made to the delivery address supplied by you (provided this address complies with the conditions above) at the time of ordering, using the delivery method selected by you.
Once we have delivered any product to you, risk in that product passes to you and you are responsible for its security.
Your Right to Cancel an Order
At SPPARKS we want you to be completely satisfied every time you shop with us. If for any reason you are unhappy with any product you have purchased or you change your mind and wish to return the product to us just let us know by contacting our Customer Service Team through this webpage or by completing the cancellation form accessed by clicking here. You must do this by no later than 14 days after the day on which you receive the relevant product. Once you have notified us that you wish to return a product, you must return that product to us in its original condition within 14 days. All products collected by you via Click and Collect must be returned to the store from where they were collected. All products delivered to you must be returned to our warehouse, details of which will be provided in the delivery paperwork which will be included with your product. You are responsible for the cost of returning the product to us. Please note that any product you return is your responsibility until it reaches our warehouse (for product delivered direct to home) or the store from where it was collected (for products delivered via click and collect). We therefore recommend that you send your product back to us using a delivery service that insures you for the value of the products. If you cancel an order and return a product as described above, we will issue a full refund for the price paid for the product in question not including any additional amount you paid for delivery over the standard delivery cost, and less any deduction which we may lawfully make for damage or other loss of value to the product resulting from excessive handling or use of the product prior to its return to us.
If There is a Problem with your Product
If you have any questions or complaints about your product, please contact our retail manager at [email protected] or by phone at 707 939 9420.
We are under a legal duty to supply products that are in conformity with these Terms, and are as described, fit for purpose and of satisfactory quality. Nothing in these Terms will affect your legal rights.
In certain circumstances you will have a legal right to reject a faulty product. If you are entitled to reject a product and you wish to exercise that right, you must either return the product in person to the SPPARKS store where you collected it (if applicable), send it back to us, or (if it is not suitable for sending) allow us to collect it from you. We will pay the costs of postage or collection.
Prohibited uses of the Website
In using the Website, you are prohibited from:
- any unlawful use or any use inconsistent with these Terms including acting fraudulently or maliciously – for example, any hacking into or inserting malicious code, such as viruses, or harmful data, into the Website, any service or operating system;
- infringing our intellectual property rights or those of any third party in relation to your use of the Website;
- transmitting any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Website;
- using the Website in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
- collecting or harvesting any information or data from any Website or our systems or attempting to decipher any transmissions to or from the servers running any Website.
Intellectual Property Rights
All intellectual property rights in the Website and any and all material published on or available via the Website (including but not limited to text, graphics, photos, logos, button icons, images, trade marks, audio and audio visual clips, databases, data compilations, documents, data and software) throughout the world belong to us (or our licensors) and the rights in the Website and any such material are licensed (not sold) to you subject to these Terms. You have no rights in, or to, the Website or the material published on or available via the Website other than the limited right of use in accordance with these Terms. For the avoidance of doubt you may not, without our prior written consent:
- copy, reproduce, use or otherwise deal with any content on the Website;
- modify, distribute or re-post any content on the Website for any purpose; or
- commercially exploit the content of the Website.
We will use reasonable endeavors to ensure that no part of the Website will contain or spread any viruses or other malicious code. However, we recommend that you ensure that computers/devices used to access the Website run up-to-date anti-virus software as a precaution.
Our Liability to You
These Terms are not intended to, and shall not limit or exclude any liability that we are not permitted to limit or exclude under applicable law , including our liability for personal injury or death caused by our negligence, for fraud or fraudulent misrepresentation, or for our breach of applicable consumer laws or your statutory rights as a consumer.
We are only responsible for losses that are a foreseeable consequent of our breach of these Terms. We will not be liable to you to the extent we are prevented or delayed from complying with our obligations under these Terms by anything you (or anyone acting on your behalf) do or fail to do or due to evens which are beyond our reasonable control.
We only supply products for domestic and private use. We will not be liable for any losses related to any business of yours including (without limitation) lost data, lost profits, lost revenues or business interruption.
Law and Jurisdiction
These Terms, and any dispute or claim arising out of or in connection with these terms and conditions of Terms and/or your use of the Website , shall be governed by California State law and subject to the exclusive jurisdiction of the courts of Sonoma County California
Third Party Rights
Only you and SPPARKS shall be entitled to enforce these Terms. No other person shall be entitled to enforce any of these Terms, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise. However, we may transfer our rights and obligations under these Terms to another organization. We will always tell you in writing if this happens and will ensure that the transfer does not affect your rights under these Terms.
Ending your rights under these Terms
We may end your rights to use the Website if you break these Terms in a serious way. If you can put what you have done right, we may give you a reasonable opportunity to do so.
If we end your rights to use the Website you must stop all activities authorized by these Terms, including your use of the Website.
Changes to these Terms
We reserve the right to change and update these Terms from time to time, in order to reflect changes in law or best practice, changes in our business practices, or to deal with additional features of functionalities which we may introduce to the Website or products available via the Website.
We will notify you in advance of any material changes to these Terms via messaging on the Website. By continuing to use the Website after changes are notified and have come into effect, you are accepting those changes and will be bound by them. If you do not agree to any changes, you should immediately cease using the Website. However, the terms and conditions that apply to the contract for any purchase of our products shall be those that were in force at the time the contract was formed.