Terms and Conditions
In using this website, and/or making a purchase (either online, by phone, in person, or in any way connected to SPERO or Kanishk Desai), you are deemed to have read and agreed to the following terms and conditions:
The following terminology applies
to these Terms and Conditions, Privacy Statement and Disclaimer Notice and
any or all Agreements: "Client", “You” and “Your” refers to you,
the person accessing this website and accepting the Company’s terms and
conditions. "The Company", “Ourselves”, “We” and "Us",
refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client
and ourselves, or either the Client or ourselves. All terms refer to the offer,
acceptance and consideration of payment necessary to undertake the process of
our assistance to the Client in the most appropriate manner, whether by
formal meetings of a fixed duration, or any other means, for the express
purpose of meeting the Client’s needs in respect of provision of the Company’s
stated services/products, in accordance with and subject to, prevailing U.S.
Law. Any use of the above terminology or other words in the singular, plural,
capitalisation and/or he/she or they, are taken as interchangeable and
therefore as referring to same. Retail customers are those who buy ready-made SPERO merchandise. Custom orders are those placed with Spero with a commissioned order for a custom design.
ALL RIGHTS RESERVED. ALL materials, logos, etc. are the property of SPERO, except for the logos and materials that are the property of their respective owners/companies.
We are committed to protecting your privacy. Authorized employees within the company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. Parliament has created specific offences for unauthorised actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible
Any information concerning the Client and their respective Client Records may be passed to third parties. However, Client records are regarded as confidential and therefore will not be divulged to any third party, other than our Suppliers (if needed), or if legally required to do so to the appropriate authorities. Clients have the right to request sight of, and copies of any and all Client Records we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Client’s with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.
We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.
The information on this web site is provided on an "as is" basis. To the fullest extent permitted by law, this Company:
§ excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and
§ excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
This Company does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.
Cash or Personal Cheque, all major Credit/Debit Cards, PayPal, or Wire Transfer are all acceptable methods of payment. All goods remain the property of the Company until paid for in full. Monies that remains outstanding by the due date will incur late payment until such time as the balance is paid in full and final settlement. We reserve the right to seek recovery of any monies remaining unpaid sixty days from the date of invoice via collection Agencies and/or through the Small Claims Court in the event that the outstanding balance does not exceed $3000. In such circumstances, you shall be liable for any and all additional administrative and/or court costs.
Invoices will be given a 15 day payment deadline (that is: invoices are due 15 days from delivery of the invoice). All Invoices will be emailed from our Billing software directly to the contact person in charge of the order. All Invoices that are not paid by the due date, without prior notification and agreement of SPERO or Kanishk Desai (if your company requires longer than a 15 day time period to gaurantee a check, please let us know, we may be able to make accomodations, BUT ONLY if notified before the original invoice is sent out), will incur a 10% late fee per week (7 days) that the Invoice is not paid, starting at midnight the day the original invoice is due.
Returned cheques will incur a $25 charge to cover banking fees and administrative costs. In an instance of a second Returned cheque, we reserve the right to terminate the arrangement and, if agreed to, we shall insist on future cash transactions only. Consequently, all bookings and/or transactions and agreements entered into will cease with immediate effect until such time as any and all outstanding monies are recovered in full.
Credit Card payments may incur a service fee of 2.9%, or as defined by PayPal processing, or Square terms. Checks and Cash due before delivery of merchandise for retail products.
Minimum 1 weeks notice of cancellation for retail products required. Notification for instance, in person, via email, and/or mobile phone, or any other means will be accepted subject to confirmation in writing. Void once shipped. We reserve the right to levy a $10-$500 charge to cover any subsequent administrative expenses. Custom Orders are deemed permanent and cannot be canceled once placed.
Termination of Agreements and Refunds Policy
Both the Client and ourselves have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway. Any monies that have been paid to us which constitute payment in respect of the provision of unused Services, shall be refunded, unless they have been used for production of the order itself. Custom orders cannot be terminated without agreement from both parties. Retail purchases, once shipped, cannot be terminated, but may be eligible for return.
Unless otherwise stated, the services featured on this website are only available within the United States, or in relation to postings from the United States. All advertising is intended solely for the United States market. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.
Permits and Licenses
Copies of all applicable Permits and Licenses are available upon request, as required by Law.
We may use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.
We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
Copyright and other relevant intellectual property rights exists on all text relating to the Company’s services and the full content of this website.
This Company’s logo is a registered trademark of this Company in the United States. The brand names and specific services of this Company featured on this web site are trade marked. (USPTO PENDING)
We have several different e-mail addresses for different queries. These, & other contact information, can be found on our Contact Us link on our website or via Company literature or via the Company’s stated telephone, facsimile or mobile telephone numbers.
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
The laws of the United States of America govern these terms and conditions. By accessing this website and using our services/buying our products you consent to these terms and conditions and to the exclusive jurisdiction of the American courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.
By Purchasing goods and/or services from Kanishk Desai and/or the SPERO Store you (the Purchaser) agree to the following (in addition or in concurrence with the previous statements):
1a. You have the authority to use any of the logos/slogans/fonts/pictures/ or any other items that appear in the items you ordered, and give Kanishk Desai and/or the SPERO Store permission to use them, and release the SPERO Store and/or Kanishk Desai from any liability associated with the legal use/copyright of the materials. (Not Applicable to Retail Customers.)
1b. You gaurantee that you have the authority to represent the organization/club/party/event/etc. that you are ordering for or on behalf, and, if this is in question, you will remain personally liable for all owed monies. (Not Applicable to Retail Customers.)
1c. You stipulate that you have the authority to carry out such actions and are not conducting or involved in any unlawful activities, and with the full consent of the organization/club/party/event/etc. you have been associated with. (Not Applicable to Retail Customers.)
1d. Your order is considered placed, and therefore your invoice must be paid, after any verbal, written, digital, or other communication that you, or another member of similar authority from/representing your organization/club/party/event/etc., have agreed to the quoted price and have read and agree to the terms kept here at www.kanishkdesai.com/terms.html, and have therefore authorized Kanishk Desai or SPERO to complete your order. (Not Applicable to Retail Customers.)
2a. You give permission to Kanishk Desai and/or the SPERO Store to utilize these materials for your purchase and disregard any loyalties, copyrights, or fees associated with them. (Not Applicable to Retail Customers.)
2b. You give permission to Kanishk Desai and/or the SPERO Store to utilize the photographs of any persons that are contained in photographs you have submitted for use in your purchased items, and acknowledge that you have the authority to do so, or you have acquired required releases. (Not Applicable to Retail Customers.)
2c. You give permission to Kanishk Desai and/or the SPERO Store to utilize the logo/name of the company/organization/club/etc. that you represent or are a member of in a Marketing and Reference capacity: including, but not limited to: on the website, in emails, and print publications. (Not Applicable to Retail Customers.)
3. Donations made to SPERO or Kanishk Desai, via check, cash, PayPal, www.buyspero.com, any link on the site, or any other way are not tax deductable. SPERO is not a non-profit organization, although we do support many.
4. If there is no pre-determined and agreed upon deliver-by date when the invoice is sent to the customer, SPERO cannot gaurantee the delivery of materials at any date, but merely in a reasonable time.
5. You acknowledge that any art, graphics, and other custom materials etc. that may have been commissioned, or the by-product of a commission, remains the sole copyrighted material of Kanishk Desai and/or the SPERO Store and recreation of any kind without permission is forbidden, unless you have been explicitly charged for these designs (not including charges associated with the creation of these materials).
6. You release Kanishk Desai and/or the SPERO Store from any liability in any circumstance that stems from the materials contained or designs created for items purchased you or your parties. (Not Applicable to Retail Customers.)
7. Returns Policy: There are no Returns allowed for custom apparel, clothing, or other materials once they have been altered from the original purchase from the supplier. We will do what we can to help you adjust your order if it is not to your liking, but any incurred fees or charges will be passed on to you. Any issue must be brought forth to Kanishk Desai and/or the SPERO Store within 7 days of you receiving the product. Exchanges incur no additional fees from SPERO if returned as-is to the supplier (Supplier fees will be passed on to you). Returns incur a SPERO charge of $25.
8. If payment is made by check, and the check bounces, a check-return fee of $25.00 is applied. Checks will not be cashed until delivery upon request.
9. If payment is made by credit card (via Square or PayPal) a credit card processing fee may be charded. (Currently it is at 2.9%, but that may change without notice by PayPal or Square. See their site for details).
10. We reserve the right to refuse service to anyone, or any company.
11. We reserve the right to change prices at any time, if your order is pending at the time it changes, the price will change only if you are still in agreement.
12. We reserve the right to not disclose any information about our suppliers/printers as we see fit.
13. You acknowledge that we, as licensed vendors, may be contractually obligated to embellish the ‘blank’ items from our suppliers before they are sold with a small logo or other marking, and you acknowledge that we may market certain blank items with our logos while still calling them 'blank' to maintain our contracts with suppliers.
14. Once an offer for production of an item or items is accepted by any representative of the purchasing party, SPERO will start to order and print your order. This in mind, once the offer is accepted and agreed upon, the quoted price (plus shipping and handling, and taxes, if applicable) are due as soon as possible. No delivery until the full amount is paid for new customers. If you or anyone in your party decides that changes are to be made to the order after you have agreed to it and production has begun, we will do our best to return/exchange to complete the new order, but you are liable for any fees incurred and MUST pay the full balance even if exchange/returns are not possible. (Not Applicable to Retail Customers.)
15a. Payment is due 15 days from when the invoice is emailed to the apropriate representative. A 10% late fee per week late (each 7 days) will be applied if the balance is not completed within that time. The same charge will be applied again at 2 weeks, 3 weeks, etc., legal action may be saught if the client goes several weeks without payment.
15b. This Penalty may be avoided by agreeing on a "Pay by" date with Kanishk Desai and/or SPERO before the order has been processed and the invoice sent. (Not Applicable to Retail Customers.)
15c. Retail customers are required to pay immediately and to pay the posted price for the item ordered.
16a. Quoted merchandise prices do not include applicable shipping and handling and/or taxes or other fees not known of at the time of the quote. (Not Applicable to Retail Customers.)
16b. Retail Prices do not include taxes or Shipping and Handling but those fees will become apparent at checkout.
17a. Orders will be processed and shipped in the order they are placed.
17b. Expedition fees are solely to cover rush shipping prices, and to simply place your order to the top of SPERO's queue. (Not Applicable to Retail Customers.)
17c. Orders with a 'deliver by' date that is agreed upon by both SPERO or Kanishk Desai and the purchaser before the invoice is paid in full, are eligible for a full refund of any payment, less the cost of the materials and printing, if not delivered by that date (unless there are just reasons that SPERO had no control over). (Not Applicable to Retail Customers.)
17d. SPERO and Kanishk Desai make no claims or guarantees when it comes to shipping dates, as they are the sole responsibility of the shipping provider, deliver-by dates are merely our best approximation. (Unless in conflict with article 17c.)
Notification of Changes
These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein (as well as any and all addendums to these terms and conditions). Your statutory Consumer Rights are unaffected.
© THE SPERO STORE 2010 All Rights Reserved