Terms & Conditions
Terms & Conditions
StarStock Ltd – Website Terms and Conditions for Customers
1.1. Definitions. In these Terms, the following definitions apply:
|Business Day||A day (other than a Saturday, Sunday or public holiday) when banks in London are open for business|
|Terms||The terms and Terms set out in this document as amended from time to time in accordance with clause 12.8;|
|Contract||The contract for the sale and purchase of the Products in accordance with these Terms|
|Products||The goods (or any part of them) set out in the Contract|
|Your order for the Products issued via the process on the Website.|
|Seller||The relevant seller of the Products.|
|Website||The website www.starstock.co.uk|
- About Us
We operate the Website www.starstock.co.uk We are StarStock Ltd, a company registered in England and Wales under company number 8164864 and with our registered office at StarStock LTD, Mill House, 58 Guildford Street, Chertsey, Surrey, KT16 9BE. Our VAT number is 167 6231 95.
These Terms will apply to any Contract for the sale of Products. Please read these Terms carefully and make sure that you understand them, before ordering any Products from our Website. Please note that before placing an Order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our Website.
You should print a copy of these Terms or save them to your computer for future reference.
These Terms apply to the Contract to the exclusion of any other terms (including any statement, promise, representation, assurance or warranty made or given by or on behalf of Us which are not set out in the Contract and/or any terms that You may seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing).
We act as agents for our Sellers who sell products through our Website and will provide the Products to You on their behalf in accordance with these Terms.
3. Placing an Order
In order to place an order on the Website you must be a registered user of the Website. If you are not a registered user of the Website (and are eligible to register and purchase Products) please select 'Register Now'. We reserve the right to reject any application to register.
Our shopping pages will guide you through the steps you need to take to place an Order with us. Our order process allows you to check and amend any errors before submitting your Order to us. Please take the time to read and check your Order at each page of the order process.
Your Order made through our Website constitutes Your offer to purchase the Products in accordance with these Terms. You are responsible for ensuring that the details of Your Order are complete and accurate.
Any photographs or other descriptive matter or advertising contained on Our Website are produced for the sole purpose of giving an approximate idea of the Products and shall not form part of the Contract or have any contractual force.
By submitting an Order You agree to provide all information and materials as may be reasonably required in connection with that Order. Your delivery of any Products may be suspended or Your Contract may be terminated if you fail to provide the required information and materials in a timely manner.
The Order shall only be deemed to be accepted when written confirmation of the Order (usually by e-mail) is issued, at which point the Contract shall come into existence.
If your Order is unable to be fulfilled, for example because that Product is not in stock or no longer available or because your requested delivery date cannot be met or because of an error in the price on the Website You will be informed of this by e-mail and your Order will not be processed. If you have already paid for the Products, You will be refunded the full amount paid by You, including any delivery costs charged, as soon as possible.
No Products will be made available for delivery until Your payment has been received (in accordance with clause 7).
The Products will be delivered by Our third party carrier and will be delivered to the location set out in the Order or such other location as You may agree with Us (or, where relevant, our Seller). This location will be referred to as the Delivery Location within the remainder of this document.
Delivery of the Products shall be completed on the Products' arrival at the Delivery Location and having been signed for as received and accepted on the delivery paperwork.
Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. Neither We nor our Seller shall be liable to You for any delay or failure in delivery of the Products that is caused by a Force Majeure Event (as detailed in clause 10) or Your failure to provide adequate delivery instructions or any other instructions that are relevant to the supply of the Products.
If the Products fail to be delivered to You, liability to You shall be limited to the costs and expenses incurred by You in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Products.
If You do not provide adequate instructions for delivery of the Products or fail to take delivery of the Products, then, except where such failure or delay is caused by a Force Majeure Event or failure to comply with obligations under the Contract:
delivery of the Products shall be deemed to have been completed at 9.00 am on the third Business Day after the day on which You are notified that the Products were ready; and
storage of the Products will be arranged until delivery takes place, and You will be charged for all related costs and expenses (including insurance).
If 10 Business Days after the day on which We notified You that the Products were ready for delivery You have not taken delivery of them, We may resell part or all of the Products and, after deducting reasonable storage and selling costs, account to You for any excess over the price of the Products or charge You for any shortfall below the price of the Products.
The Products may be delivered by instalments, which shall be invoiced and paid for separately. Each instalment shall constitute a separate Contract. Any delay in delivery or defect in an instalment shall not entitle You to cancel any other instalment.
5. Delivery Exceptions
Unfortunately, the Products are not able to be delivered to addresses outside the UK.
You may place an Order for Products from outside the UK, but this Order must be for delivery to an address in the UK.
6. Title and Risk
The title to risk in the Products shall pass to You on completion of delivery and having been signed for as received and accepted on the delivery paperwork.
7. Price and Payment
The price of the Products shall be the price set out in the Contract which will be based on the prices of Products set out on the Website.
We may, by giving notice to You at any time before delivery, increase the price of the Products to reflect any increase in the cost of the Products that is due to:
any factor beyond Our control (including foreign exchange fluctuations, increases in taxes and duties, and increases in labour, materials and other manufacturing costs);
any request by You to change the delivery date(s), quantities or types of Products ordered; or
any delay caused by any instructions of You or failure of You to give Us adequate or accurate information or instructions.
The price of the Products is inclusive of the costs and charges of packaging, insurance and transport of the Products, which shall be invoiced to You.
The price of the Products is exclusive of amounts in respect of value added tax (VAT). If VAT is to be applied to the Products then this will be added to the price of the Products at checkout and we shall supply You with a VAT invoice for the Products. You shall, on receipt of a valid VAT invoice pay to Us such additional amounts in respect of VAT as are chargeable on the supply of the Products.
We may invoice You for the Products on or at any time after You have submitted, and we have accepted Your Order.
You shall pay the invoice in full and in cleared funds prior to Delivery. Payment shall be made to our 3rd party payment provider by card payment (via a secure third party payment gateway or by BACS to a nominated bank account, which will be notified to You on checkout. our 3rd party payment provider will hold your payment until we have delivered the Products in accordance with clause 4, when, subject to clause 8, the payment will be transferred to our Seller.
In some cases, where next day delivery is required We may require you to provide us with the relevant remittance advice of payment being made to the nominated bank account so that we can arrange delivery of the relevant Products. If you fail to provide such remittance advice if requested, this may result in a delay to the delivery of your Order. We will not be liable to You for failure to meet any delivery requests where You have not provided proof of payment on request.
If You fail to make any payment due under the Contract by the relevant due date for payment, then You shall pay interest on the overdue amount at the rate of 4% per annum above Bank of England's base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. You shall pay the interest together with the overdue amount.
8. Use and Disclosure of Personal Data – GDPR
9. Money Back Guarantee
If the Products are delivered to You and the Products (or any part of the Products) are damaged in transit then You will be offered a refund in respect of those Products (or relevant part of the Products) that are damaged.
In order to claim this refund You should contact Us on email@example.com within 24 hours of the delivery notification email. You must provide Us with all relevant documentation to enable Us to process your refund claim. The relevant information includes a picture of the damaged Products on the delivery van and a signed delivery note from the haulier confirming the damage to the items as well as any other information We may request from You when You notify us of Your claim.
10. Termination and Suspension
If You become subject to any of the events listed in clause 10.2, the Contract may be terminated with immediate effect on written notice to You.
For the purposes of clause 10.1, the relevant events are:
You breach the Contract and do not, if such breach is capable of remedy, remedy such breach within 14 days of being notified of this;
You suspend, or threaten to suspend, payment of Your debts, or You are unable to pay Your debts as they fall due or You admit inability to pay Your debts, or (if You are a company or limited liability partnership) You are deemed unable to pay Your debts within the meaning of section 123 of the Insolvency Act 1986, or (If You are an individual) You are deemed either unable to pay Your debts or to have no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986, or (if You are a partnership) You have any partner to whom any of the foregoing apply;
You commence negotiations with all or any class of Your creditors with a view to rescheduling any of Your debts, or make a proposal for or enter into any compromise or arrangement with Your creditors;
(if You a company) a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with Your winding up, other than for the sole purpose of a scheme for a solvent amalgamation with one or more other companies or Your solvent reconstruction;
(if You are a company) an application is made to court, or an order is made, for the appointment of an administrator or if a notice of intention to appoint an administrator is given or if an administrator is appointed;
(if You are a company) the holder of a qualifying floating charge over Your assets has become entitled to appoint or has appointed an administrative receiver;
A person becomes entitled to appoint a receiver over Your assets or a receiver is appointed over Your assets;
(being an individual) You are the subject of a bankruptcy petition or order;
a creditor or encumbrancer attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of Your assets and such attachment or process is not discharged within 14 days;
any event occurs, or proceeding is taken, with respect to You in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in clause 10.2.1 to clause 10.2.8 (inclusive);
You suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of Your business;
Your financial position deteriorates to such an extent that in Our opinion Your capability to adequately fulfil Your obligations under the Contract has been placed in jeopardy;
(if You are an individual) You die or, by reason of illness or incapacity (whether mental or physical), are incapable of managing Your own affairs or become a patient under any mental health legislation; and
if You are found to be in breach of any applicable laws, regulations or HMRC guidelines.
The provision of the Products under the Contract may alternatively be suspended or any other contract between You and Us if You become subject to any of the events listed in clause 10.2.1 to clause 10.2.13, or We reasonably believe that You are about to become subject to any of them, or if You fail to pay any amount due under this Contract on the due date for payment.
On termination of the Contract for any reason You shall immediately pay Us all of Our outstanding unpaid invoices and interest.
Termination of the Contract, however arising, shall not affect any of the parties' rights, remedies, obligations and liabilities that have accrued as at termination.
Clauses which expressly or by implication survive termination of the Contract shall continue in full force and effect.
11. Limitation of Liability
Except as expressly stated in these Terms, We do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, We will not be responsible for ensuring that the Products are suitable for your purposes.
11.2. Nothing in these Terms shall limit or exclude Our liability for:
death or personal injury caused by negligence, or the negligence of Our employees, agents or subcontractors (as applicable);
fraud or fraudulent misrepresentation;
breach of the terms implied by section 12 of the Sale of Products Act 1979;
defective products under the Consumer Protection Act 1987; or
any other matter in respect of which it would be unlawful to exclude or restrict liability.
11.3. Subject to clause 11.1:
We shall under no circumstances whatever be liable to You, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and
Our total liability to You in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products.
12. Force Majeure
We will not be liable for any failure or delay in performing Our obligations under the Contract to the extent that such failure or delay is caused by a Force Majeure Event. A Force Majeure Event means any event beyond Our reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including strikes, lock-outs or other industrial disputes (whether involving its own workforce or a third party's), failure of energy sources or transport network, acts of God, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic boom, explosions, collapse of building structures, fires, floods, storms, earthquakes, loss at sea, epidemics or similar events, natural disasters or extreme adverse weather, or default of Our Sellers or subcontractors.
13.1. Assignment and other dealings.
We may at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract.
You may not assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights or obligations under the Contract without Our prior written consent.
Any notice or other communication given to a party under or in connection with the Contract shall be in writing, addressed to that party at its registered office (if it is a company) or its principal place of business (in any other case) or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service, commercial courier, or email (in Our case to the e-mail address firstname.lastname@example.org.
A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address referred to in clause 13.2.1; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; if delivered by commercial courier, on the date and at the time that the courier's delivery receipt is signed; or, if sent by email (to the address specified at clause 13.2.1), one Business Day after transmission.
13.2.3. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
If any provision of the Terms is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall remain valid and be enforced.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Contract.
A waiver of any right or remedy under the Contract or law is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. No failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
We or Our Seller may enforce these Terms at any time. Save for this, a person who is not a party to the Contract shall not have any rights to enforce its terms.
These Terms may be revised from time to time. Every time You order Products through the Website, the Terms in force at that time will apply to the Contract. Whenever we revise these Terms in accordance with this clause, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.
The Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of England and Wales.
You agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract or its subject matter or formation (including non-contractual disputes or claims).