Terms of service

Welcome to Everspark Collective. These Terms of Service (“Terms”) govern your use of our website and your purchase of products from Everspark Collective. Throughout these Terms, “we,” “us,” and “our” refer to Everspark Collective.

By visiting our website, making a purchase, or otherwise using our services, you agree to these Terms. Please read them carefully before using our website or placing an order.

1. Online Store Terms

By using this website, you represent that you are at least the age of majority in your state or jurisdiction of residence, or that you have permission from a parent or legal guardian to use this website.

You may not use our products or website for any unlawful or unauthorized purpose. You may not attempt to interfere with the security, operation, or functionality of our website.

2. Products

Everspark Collective offers apparel and related merchandise designed for everyday life, travel, adventure, and memory making.

We make every effort to display our products, colors, embroidery, designs, and details as accurately as possible. However, colors may appear differently depending on your device, screen settings, lighting, and other factors.

Because some of our products may include garment-dyed fabrics, embroidery, printing, or other production processes, slight variations in color, placement, texture, or finish may occur between individual pieces. These variations are not necessarily considered defects.

Product availability is subject to change without notice. Certain products, sizes, colors, or collections may be available in limited quantities and may not be restocked.

3. Pricing

All prices are listed in U.S. dollars unless otherwise stated.

We reserve the right to change product prices at any time without notice. Price changes will not affect orders that have already been completed.

Applicable taxes and shipping charges will be calculated and displayed during checkout when required.

4. Orders

Submitting an order does not guarantee acceptance of that order.

We reserve the right to refuse, cancel, or limit an order when reasonably necessary, including in cases involving suspected fraud, pricing or inventory errors, unauthorized resale, payment issues, or other circumstances that may affect our ability to fulfill the order.

If we cancel an order after payment has been collected, the applicable amount will be refunded to the original payment method.

Customers are responsible for providing accurate billing, shipping, contact, and payment information.

5. Payment

Payment is due at the time an order is placed. Payments are processed through the payment methods made available during checkout.

By submitting payment information, you represent that you are authorized to use the payment method provided.

We do not guarantee that every payment method will be available for every transaction.

6. Shipping and Delivery

Shipping estimates provided on our website are estimates only and are not guaranteed delivery dates.

Once an order has been transferred to the applicable shipping carrier, delivery timing may be affected by circumstances outside of Everspark Collective’s control, including carrier delays, weather, holidays, or other disruptions.

Customers are responsible for providing a complete and accurate shipping address when placing an order.

Additional information regarding shipping, delivery, lost packages, and related matters may be found in our Shipping Policy.

7. Returns, Exchanges, and Refunds

Returns, exchanges, refunds, damaged products, and incorrect orders are governed by our posted Return and Refund Policy.

Customers should review that policy before completing a purchase.

We reserve the right to refuse returns that do not meet the requirements stated in our Return and Refund Policy.

8. Intellectual Property

All content appearing on the Everspark Collective website, including but not limited to our brand name, logos, product designs, original phrases and artwork where protectable, graphics, photography, website content, and other creative materials, is owned by or licensed to Everspark Collective unless otherwise indicated.

Our content may not be copied, reproduced, modified, distributed, sold, exploited, or used for commercial purposes without prior written permission.

Purchasing an Everspark Collective product does not grant the purchaser ownership of or rights to reproduce the design or other intellectual property associated with that product.

9. Personal and Noncommercial Use

Products purchased through our website are intended for personal use unless otherwise authorized by Everspark Collective.

You may not reproduce our products or designs, purchase products for unauthorized commercial resale, or use our intellectual property to manufacture or sell competing products without our written permission.

If you are interested in wholesale or other commercial arrangements, please contact us directly.

10. Third-Party Services

Our website may use or provide access to third-party services, including payment processors, shipping providers, ecommerce technology, social media platforms, and other services.

Your use of certain third-party services may also be subject to the terms and privacy policies of those providers.

Everspark Collective is not responsible for the operation, availability, content, or practices of third-party websites or services that we do not control.

11. Reviews, Photos, and User-Submitted Content

If you voluntarily submit a product review, photo, comment, testimonial, or other content to us or through our website, you represent that you have the right to provide that content and that it does not violate the rights of another person.

By submitting such content, you grant Everspark Collective a non-exclusive, royalty-free license to use, reproduce, and display that content in connection with our website, marketing, social media, and promotion of our products, subject to applicable law.

12. Promotions and Discount Codes

Discount codes, promotions, giveaways, and special offers may be subject to additional terms and expiration dates.

Unless otherwise stated, promotions cannot be combined. We reserve the right to modify or discontinue promotions when permitted by law.

Discounts generally cannot be applied retroactively to previously completed purchases.

13. Errors and Inaccuracies

Occasionally, information on our website may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, availability, shipping, or other information.

We reserve the right to correct errors or update information and, where permitted by law, cancel affected orders.

14. Prohibited Uses

You may not use our website or its content to engage in unlawful activity; violate intellectual property rights; transmit malicious software; collect or track personal information improperly; interfere with website security or functionality; impersonate another person; engage in fraudulent transactions; or otherwise misuse our services.

We reserve the right to restrict or terminate access to our services for violations of these Terms.

15. Disclaimer of Warranties

To the fullest extent permitted by applicable law, our website and services are provided on an “as is” and “as available” basis.

We do not guarantee that access to our website will always be uninterrupted, timely, secure, or error-free.

Nothing in these Terms limits warranties or consumer rights that cannot legally be excluded.

16. Limitation of Liability

To the fullest extent permitted by applicable law, Everspark Collective and its owners, employees, contractors, affiliates, and service providers will not be liable for indirect, incidental, special, consequential, or punitive damages arising from your use of our website, services, or products.

Nothing in these Terms excludes or limits liability where doing so would be prohibited by applicable law.

17. Indemnification

To the extent permitted by law, you agree to indemnify and hold harmless Everspark Collective and its owners, affiliates, employees, contractors, and service providers from claims, damages, liabilities, and reasonable expenses arising from your unlawful use of our website, your violation of these Terms, or your infringement of another party’s rights.

18. Privacy

Your submission and use of personal information through our website is governed by our Privacy Policy.

19. Changes to These Terms

We may update these Terms from time to time. The current version will be posted on this page along with the date it was last updated.

Your continued use of our website following an update constitutes acceptance of the revised Terms to the extent permitted by applicable law.

20. Governing Law

These Terms and any separate agreements through which we provide services will be governed by the laws applicable to Everspark Collective’s principal place of business, without regard to conflict-of-law principles, except where applicable consumer protection laws require otherwise.

21. Severability

If any provision of these Terms is determined to be unlawful, void, or unenforceable, the remaining provisions will remain in effect to the fullest extent permitted by law.

22. Entire Agreement

These Terms, together with our Privacy Policy, Shipping Policy, Return and Refund Policy, and any other policies posted on our website, constitute the agreement between you and Everspark Collective concerning your use of our website and services.

23. Contact Information

Questions regarding these Terms of Service may be directed to:

Everspark Collective
Email: eversparkcollective@gmail.com