Terms & Conditions
Staroak Designs Limited is a company registered in England and Wales whose company number is 9765005 with a registered office at 71-75 Shelton Street, Covent Garden London WC2H 9JQ England (herein after referred to as “Staroak Designs”).
These Terms of Sale tell you about us and the legal terms and conditions on which we sell the products listed on our website www.staroakdesigns.com.
Please read these terms and conditions carefully before ordering any products from the site or from our staff as these terms will apply to any contract between us for the sale of products to you. It is a good idea to print a copy of these terms and conditions or save them to your computer for future reference.
By ticking the box on the Staroak Designs Site prior to placing your order with us which says “I accept Staroak Designs Terms and Conditions of Sale” or by placing an order with our staff, you are agreeing to be bound by these terms. If you do not accept these terms and conditions, you will not be able to order any products from us.
Staroak Designs may amend these terms from time to time therefore every time you wish to order products, please check these terms to ensure that you understand the terms that will apply at that time.
If you have any questions about these terms please feel free to contact us using the Contact Us page or if you feel you need advice as to your legal rights, advice is available from your local Citizens’ Advice Bureau or Trading Standards Office.
USE OF STAROAK DESIGNS SITE
The images of products shown on the Staroak Designs Site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflects the actual colours of our products. The product you receive may vary slightly in colour from the image on your screen.
You may only place an order through a Staroak Designs Site or with our staff if:
a. you are legally capable of entering into binding contracts;
b. you are at least 18 years old;
c. you are a consumer (this means that you are an individual purchasing the products outside the course of your business or trade);
d. you confirm and agree that all products you order are for your own private and domestic use and are not for resale. If you wish to purchase items for re-sale please contact us and we will be happy to discuss it with you.
HOW THE CONTRACT IS FORMED BETWEEN US
Our site will guide you through the steps you need to take to design and place an order for your personalised item and confirm the order with us. Our order process allows you to design, check and amend any errors before submitting your order to us. Please ensure that you have checked your order at each stage of the order process.
If, after you have submitted your order, you realise that it contains an error, please contact us as soon as you possibly can and we will make every effort to correct the mistake before your garment is produced. Please note, once you have placed an order with us and we have acknowledged and confirmed it, we are unable to amend it and, as it is a personalised item, we can only refund for faulty workmanship and only if it is returned in the same condition that you receive it in.
You must pay for your order at the time of submitting it. This is because the items that we supply are highly personalised (“bespoke”) by you the Customer and are not usually re-sellable.
After placing an order, you will receive an automated email from our system (sent to the email address that you provided when placing your order) acknowledging that we have received your order. If we accept your order, we will confirm that in a further acknowledgement email. If we are unable to supply you with a product you have ordered, for example, if the product is out of stock or because of an error in the price on our website or inability to authorise your payment, we will inform you of this by email or telephone and we will not process your order. If you have already paid for the products, we will refund you the full amount as soon as possible. If you paid by voucher, we will issue you with a new voucher.
Unusually, you do not have a legal right to cancel a Contract that you have made with us under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 because of Section 28.1 (b). Your right to cancel is limited because of the Personalisation of the Product however this does not affect your other statutory rights.
Nothing in these terms and conditions affects your legal rights in respect of products which are defective or which are not as described on our website. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards Office.
If you think that a product is defective or was not described correctly on the web-site, please contact either Penny Connah (firstname.lastname@example.org) or Alison Sloan (email@example.com) who will advise you on how to return your goods. As it is a personalised item, we can only refund for faulty workmanship and only if it is returned in the same condition that you receive it in.
Staroak Designs want our customers to be happy and will attempt to resolve any problems as quickly as possible.
All returns for potentially defective products will be examined on receipt by us and we will notify you if you are entitled to a refund via email within a reasonable period of time. We will usually process any refund due to you as soon as possible and, in any case, within 30 calendar days of the day we notified you via email that you were entitled to a refund for these products. If it is the case that we notified you that you are entitled to a refund for a defective product, you will receive a full refund of the price paid for the product, the original delivery charges and the cost of returning the product to us.
We will usually refund any money due to you using the same method originally used by you to pay for your purchase.
Delivery will take place within 30 calendar days of the date of Dispatch Confirmation or such other time period as is agreed between us.
If we do not deliver your product within these 30 calendar days or within the other time period agreed between us, you may cancel your order by contacting us using our Contact Details.
If you provide to us any instructions relating to the delivery of your order (including, without limitation, instructions to leave the products in a particular place, outhouse or with a neighbour), you are responsible for ensuring the accuracy of these instructions and we shall not be liable to you in relation to any loss of or damage to the product resulting from our following of your instructions.
Delivery will be complete when we deliver the product to the address you gave us or in accordance with your other instructions.
We deliver to certain countries outside the UK such as Australia, Canada and the United States. If you order products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
We operate a standard pricing policy irrespective of the intended country of delivery.
Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
We warrant to you that any product purchased from us will be, for a period of 3 months from the date of delivery, of satisfactory quality, free from material defects and reasonably fit for all the purposes for which products of the kind are commonly supplied.
We will not be liable for any defect in the product arising from fair wear and tear, failure by you to follow specific care instructions, wilful damage, abnormal storage, accident, negligence by you or any third party or any alteration or repair made by you or a third party.
Our liability for losses you suffer as a result of us breaking these terms is limited to the purchase price of the product you purchased and any losses which are a foreseeable consequence of us breaking these terms. Losses are foreseeable if they are an obvious consequence of our breach or they were contemplated by you and us at the time the Contract was formed.
We do not exclude or limit in any way our liability: (a) for death or personal injury caused by our negligence; (b) under section 2(3) of the Consumer Protection Act 1987; (c) for breach of the terms implied by sections 12 to 15 of the Sale of Goods Act 1979; (d) for fraud or fraudulent misrepresentation; or (e) for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
We only supply products for domestic and private use and you agree not to use any products for commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
If you wish to re-sell Staroak Designs products, please ask us for our written permission to do so.
PRICE AND PAYMENT
The prices of the products will be as quoted on the Staroak Designs Site at the time you place your order.
These prices include (where applicable) VAT at the prevailing rate but exclude delivery costs, which will be added to the total amount due as set out in our Delivery Guide.
We may change our prices at any time but changes will not affect any order in respect of which we have already sent you an Order Acknowledgement.
The Staroak Designs Site contains a large number of products and it is always possible that, despite our best efforts, some of the products listed on the Staroak Designs Site may be incorrectly priced. If a product’s correct price is higher than the price stated on our site, we will contact you to inform you of the error and give you the option of either continuing your purchase of the product at the correct price or cancelling your order. If we are unable to contact you using the details you provided during the order process, we will treat your order as having been cancelled and notify you in writing.
We are under no obligation to provide any product to you at an incorrect (lower) price if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mistake.
Payment for all products must be by credit card, debit card, e-voucher, Staroak Designs gift card or using PayPal. We accept Visa, and Mastercard.
Online payments will be made within a secure environment and our payment system complies with the Payment Card Industry Data Security Standard. We may provide details of your IP address, device attributes and payment method to third party fraud prevention companies to detect and prevent fraud and suspicious account activity. Your bank may request that you are screened using 3D Secure (“MasterCard SecureCode” or “Verified by Visa”) or by an independent fraud prevention service. We may contact you for additional security purposes should we deem this necessary.
We require payment for products and any delivery charges at the time that you submit your order. We will take payment from your debit or credit card or your PayPal account at such time.
CHANGES TO THESE TERMS AND CONDITIONS
We may amend these terms and conditions from time to time to reflect changes in relevant laws and regulatory requirements, market conditions, technology, payment methods or our system’s capabilities. The date at the top of this page will be amended each time these terms are updated.
Every time you order products from us, the terms in force at the time of your order will apply to the Contract between us. If we amend these terms after you have placed an order but we have acknowledged your order, we will notify you of the amendment to the terms and will assume that you have accepted the amended terms unless you notify us in writing within 7 calendar days.
OTHER IMPORTANT TERMS
We may transfer our rights or obligations arising under a Contract to another organisation but this will not affect your rights and obligations under these Terms.
You may not transfer your rights or obligations arising under a Contract without our prior written consent. However, if you have purchased a product as a gift, you may transfer the benefit of our warranty to the recipient without needing to ask for our consent.
This Contract is between you and us. Other than in the case of a warranty which has been transferred to another person, no other person shall have any right to enforce any of its terms.
If we do not insist upon strict performance of any of your obligations under these terms or if we do not enforce any of our rights against you, this shall not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations.
Each of the clauses in these terms operates separately. If any court decides that any of them are unlawful or unenforceable, the remaining clauses will continue in full force and effect.
CONTACT DETAILS AND COMMUNICATIONS
If you have any questions, comments or requests regarding these Terms of Sale, the Staroak Designs Site or our products, please email Alison Sloan at: firstname.lastname@example.org or drop us a line via our Contact Us Form www.staroakdesigns.com/contact-us. Alternatively, you can call us on either 0208 123 6725 or you can write to us at: Staroak Designs Limited, Oak House Farm, Clay Hill Lane, Queensferry, Flintshire, CH5 2AQ.
Where these terms refer to or require us to contact you in writing, you agree that this includes by email. We may email you using the email address you provided to us when you placed your order.
We hope that all our customers enjoy shopping with us and are satisfied with the products and service that we provide. However, we realise that sometimes things can go wrong and that may mean a customer will want to complain.
If you have a complaint, please contact us via our contact details set out above. We will send an acknowledgement and aim to resolve any issues within 72 hours.
LAW AND JURISDICTION
These terms and any claim or dispute arising in relation to a Contract will be governed by English law. You and we agree that the courts of England and Wales shall have non-exclusive jurisdiction to settle any such claim or dispute.