Terms of service
1. AGREEMENT TO THESE TERMS
1.1 You must be at least eighteen (18) years of age to purchase from Second Spark. By completing a purchase you represent and warrant that you are at least 18 years old.
1.2 These Terms, together with the individual product listing, constitute the entire agreement between Second Spark and the Buyer regarding the purchase of goods, and supersede all prior agreements, understandings, and communications, including any statements made in Facebook Messenger or any other messaging channel.
1.3 Acceptance at checkout. By placing an order you affirmatively agree to these Terms. Your order confirmation records the date and time of that agreement. The Terms in effect at the time of your purchase govern that transaction.
1.4 Second Spark may modify these Terms at any time. Updated Terms are posted at secondspark.com with a revised "Last Updated" date and apply only to purchases made after that date.
2. NATURE OF GOODS — EVERYTHING IS SOLD AS-IS
2.1 All items sold by Second Spark are used, pre-owned, secondhand, or previously owned goods, and are sold "AS-IS, WHERE-IS, WITH ALL FAULTS." This includes items described as "like new," "excellent condition," "refurbished," or similar. No item should be understood as new, unused, or manufacturer-warranted unless the individual product listing says so explicitly.
2.2 NO WARRANTIES. Second Spark makes no warranties of any kind, express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, except to the extent such disclaimer is prohibited by applicable law. No statement by any employee, contractor, or agent creates a warranty.
2.3 Condition descriptions (e.g., "good condition," "minor wear," "working") are our good-faith assessment at the time of listing. Pre-owned goods may have defects, cosmetic imperfections, signs of prior use, or functional limitations not visible in photographs or noted in the listing.
2.4 It is the Buyer's responsibility to review the photographs, description, measurements, and condition notes in the product listing before purchasing, and to inspect the item at pickup as provided in Section 3.
3. INSPECT BEFORE YOU ACCEPT
3.1 Every Buyer has the right to inspect the item in person at pickup, before accepting it. Take the time you need. Look it over, test what can be tested, ask questions.
3.2 If, on inspection, you do not want the item for any reason at all, you may decline it on the spot and receive a full refund of the purchase price and any tax collected. You do not have to explain why. See Section 4.
3.3 Items are also available for inspection before purchase during our pickup hours (Section 6). Contact us at hello@secondspark.com or (206) 752-4080.
3.4 The Buyer's inspection opportunity under this Section is the consideration for the finality provided in Section 5.
4. REFUNDS — FULL REFUND ANY TIME BEFORE PICKUP
4.1 You may cancel any order and receive a full refund of the purchase price and any sales tax collected, at any time before you take possession of the item, for any reason or no reason. No restocking fee, no questions asked.
4.2 This includes declining the item at pickup after inspecting it (Section 3.2).
4.3 How to request a refund. Reply to your order confirmation email, use the contact form at secondspark.com, or email hello@secondspark.com with your order number. Refunds are issued to the original payment method. We aim to process refund requests within two (2) business days; your bank or card issuer may take an additional 3–10 business days to post the credit.
4.4 Second Spark may also cancel and fully refund any order at its discretion — for example due to a pricing error, an inventory discrepancy, damage discovered before handoff, or suspected fraud.
5. ALL SALES ARE FINAL AT PICKUP
5.1 Once you have inspected the item and taken possession of it, the sale is final. Second Spark does not accept returns, exchanges, or refunds after pickup, except as required by applicable law or as expressly provided in Section 9 (shipped orders).
5.2 This finality is the direct counterpart of the inspection right in Section 3 and the unconditional pre-pickup refund right in Section 4: you have a complete opportunity to examine the item and to walk away with all of your money, and once you have chosen to accept it, the transaction is closed.
5.3 Buyer's remorse, change of mind, failure to measure or verify fitment, discovery of cosmetic imperfections consistent with used goods, or any other reason arising after pickup does not entitle the Buyer to a refund, return, or exchange.
6. LOCAL PICKUP
6.1 Items are sold for local pickup at our Seattle facility. Pickup is available on a walk-in basis weekdays, 9:00 a.m. to 6:00 p.m. No appointment is required. The pickup address, directions, and access instructions are provided in your order confirmation email.
6.2 Show your order confirmation (receipt) at pickup; texting (206) 752-4080 with your order number before arriving lets us have your item ready. We may request photo identification and may decline to release an item where we cannot reasonably verify the purchaser.
6.3 Uncollected items; restocking fee. If an item has not been collected within fourteen (14) calendar days of purchase, Second Spark will cancel the order and issue a refund of the purchase price and any tax collected, less a restocking fee of Five Dollars ($5.00), and the item may be relisted. Second Spark will send multiple reminder notices to the email address on the order before doing so. A Buyer who requests cancellation under Section 4 before the fourteen-day period expires receives a full refund with no restocking fee — the fee applies only where the Buyer has neither collected the item nor contacted Second Spark.
6.4 Second Spark does not deliver. Loading assistance may be available on site as a courtesy but is not guaranteed; the Buyer is responsible for transporting the item and for bringing a suitable vehicle, straps, and any help required.
6.5 Risk of loss and title pass to the Buyer at the moment the item is handed over at pickup.
7. CHARGEBACKS AND PAYMENT DISPUTES
7.1 IMPORTANT — PLEASE READ CAREFULLY. Second Spark gives you an unconditional right to a full refund at any time before pickup (Section 4) and an inspection right at pickup (Section 3). Because those remedies exist, filing a chargeback, payment dispute, or payment reversal with your bank, card issuer, or payment processor — for any reason other than genuinely unauthorized use of your payment method — constitutes a breach of these Terms.
7.2 Contact us first. If you have any concern about a purchase, you must contact Second Spark at hello@secondspark.com before initiating a dispute with your financial institution. Nearly every concern is resolved by a refund under Section 4, at no cost to you.
7.3 Improper chargeback defined. A chargeback is improper when:
(a) the Buyer inspected and accepted the item at pickup and then disputes the charge;
(b) the Buyer received the item and retained or used it and disputes the charge;
(c) the Buyer did not contact Second Spark to seek a refund under Section 4 before filing; or
(d) the Buyer misrepresents the transaction to their financial institution to obtain a reversal.
7.4 Buyer responsibility for an improper chargeback. If the Buyer files an improper chargeback after taking possession of an item, the Buyer remains responsible for (i) the full purchase price of the item, including any sales tax, and (ii) the chargeback fee assessed to Second Spark by its payment processor, and shall pay those amounts to Second Spark by another payment method within ten (10) calendar days of Second Spark's written demand (email to the address on the order is sufficient written demand).
7.5 Referral to collections. Any balance remaining unpaid after that ten (10) day period may be referred to a third-party collections agency, which may report the debt to consumer credit bureaus and pursue all remedies available at law. The Buyer is additionally responsible for reasonable collection costs and attorneys' fees incurred in recovering the balance, and for the amounts provided in Section 12 if Second Spark must file to collect.
7.6 Second Spark may also decline future orders from, and ban, a Buyer who files an improper chargeback.
7.7 These consequences are a material term of the agreement. Second Spark's evidence in any dispute includes its order records, the timestamped pickup confirmation recorded in its order system, and any photograph taken at handoff.
8. PAYMENT, PRICING, AND TAX
8.1 All prices are in United States Dollars and are subject to applicable Washington State and local retail sales tax, which is calculated and shown at checkout.
8.2 Payment in full is required at the time of purchase. Items are not held or reserved without payment.
8.3 Prices are as listed. Second Spark does not negotiate price at checkout or at pickup.
8.4 Second Spark may cancel and fully refund any order due to a pricing error, inventory discrepancy, or suspected fraudulent activity.
9. SHIPPED ORDERS (ONLY IF AND WHEN OFFERED)
Second Spark sells for local pickup. This Section applies only to an order that Second Spark expressly ships, including orders placed through a third-party marketplace that requires shipping.
9.1 Carrier damage. Risk of loss passes to the Buyer on delivery of the item to the carrier. Claims for damage in transit must be filed by the Buyer with the carrier. Second Spark will assist with documentation but does not refund carrier-caused damage. Report shipping damage within seventy-two (72) hours of delivery with photographs.
9.2 Materially not as described. Because a shipped Buyer has no inspection opportunity under Section 3, a shipped Buyer may request a refund within seven (7) calendar days of delivery if the item is materially different from its listing description — meaning fundamentally not what was advertised (listed as working but non-operational, a different item delivered, or significant undisclosed damage rendering it unusable). To qualify: the discrepancy must be material rather than cosmetic; the Buyer must provide photographic or video evidence; the Buyer must contact hello@secondspark.com within the seven-day window; and Second Spark may require return of the item at the Buyer's expense before refunding. Normal wear, cosmetic imperfections, minor scratches, fading, odors, or other characteristics consistent with used goods are not a material discrepancy.
9.3 The Buyer is responsible for the accuracy of the shipping address provided at checkout.
10. LIMITATION OF LIABILITY
10.1 To the maximum extent permitted by applicable law, Second Spark's total liability for any claim arising from a purchase shall not exceed the purchase price of the item giving rise to the claim.
10.2 In no event shall Second Spark be liable for indirect, incidental, consequential, special, or punitive damages, including loss of use, lost profits, or damage to property, regardless of the theory of liability.
10.3 The Buyer is responsible for the safe transport, installation, assembly, and use of any item purchased, and assumes the risks inherent in used goods.
11. GOVERNING LAW
11.1 These Terms are governed by and construed in accordance with the laws of the State of Washington, without regard to its conflict-of-laws principles.
12. DISPUTE RESOLUTION — BINDING ARBITRATION
12.1 Arbitration. Any controversy, dispute, or claim arising out of or relating to these Terms, any purchase from Second Spark, or the condition, description, or sale of any item, or the breach, termination, enforcement, interpretation, or validity thereof (a "Dispute"), shall be finally resolved by binding arbitration administered by JAMS at its Seattle Resolution Center, before a single arbitrator, seated in King County, Washington, and conducted under the JAMS Comprehensive Arbitration Rules and Procedures then in effect (or, where the aggregate amount in dispute is less than Two Hundred Fifty Thousand Dollars ($250,000), the JAMS Streamlined Arbitration Rules and Procedures). Judgment on the award may be entered in any court of competent jurisdiction.
12.2 Costs; Prevailing Party. The prevailing party shall recover from the non-prevailing party all costs of the arbitration, including without limitation the JAMS filing and administrative fees, the arbitrator's compensation and expenses, and the prevailing party's reasonable attorneys' fees, expert fees, and costs. The arbitrator shall designate the prevailing party and award such costs and fees in full.
12.3 Cost of Recovery; Preparation Fee. If Second Spark commences arbitration (or is required to file a demand or other action) to collect amounts owed to it under these Terms — including amounts owed under Section 7 following an improper chargeback — or to enforce these Terms, and Second Spark is awarded any amount or the Buyer is found to have breached, the Buyer shall pay Second Spark a fixed Cost-of-Recovery Fee of Five Thousand Dollars ($5,000), which the parties agree is a reasonable pre-estimate of Second Spark's internal management, administrative, and preparation time and cost of recovery — a cost the parties agree is inherently difficult to quantify — and which is not intended to include, and is in addition to, the arbitration administrative costs, arbitrator compensation, and recoverable attorneys' fees. This fee shall be added to the amount claimed by Second Spark and included in the arbitrator's award. This Cost-of-Recovery Fee runs solely in favor of Second Spark as the party bearing the cost of collection and enforcement.
12.4 Small claims. Either party may instead bring an individual claim in a small claims court of competent jurisdiction in King County, Washington, if the claim qualifies for that court's jurisdiction. Second Spark may elect small claims court for the collection of amounts owed to it under Section 7, and Section 12.3 applies to that filing as well.
12.5 CLASS ACTION WAIVER. Any Dispute shall be resolved on an individual basis only. You waive any right to participate in a class action, collective action, or representative proceeding against Second Spark, and the arbitrator may not consolidate the claims of more than one party.
12.6 Except as provided in Section 12.4, arbitration under this Section is the exclusive forum for all Disputes. Any prior provision permitting either party to litigate a Dispute in court is superseded and of no effect.
13. SEVERABILITY
13.1 If any provision of these Terms is held invalid, illegal, or unenforceable, the remaining provisions continue in full force and effect, and the invalid provision shall be modified to the minimum extent necessary to make it enforceable while preserving its intent.
14. CONTACT
Second Spark LLC 4601 Airport Way South Seattle, WA 98108
Email: hello@secondspark.com Phone: (206) 752-4080 Web: secondspark.com
By completing a purchase from Second Spark, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service — including the AS-IS sale in Section 2, the finality at pickup in Section 5, the chargeback responsibility in Section 7, and the binding arbitration and class-action waiver in Section 12.