Precious Stars Terms and Conditions
These terms and conditions regulate the business relationship between you and Precious Stars. By using Our Website in any way, or by buying from us, you agree to be bound by them.
We are: Precious Stars
Our address is: 34 Glamorgan Road, Kingston, KT1 4HP, United Kingdom
You are: a visitor to Our Website / our customer
The terms and conditions:
In this agreement: “Carrier” “Consumer” “Content” “Goods” “Our Website” “Post”
“Carrier” means any person or business contracted by us to carry Goods from us to you.
“Consumer” means any individual who, in connection with this agreement, is acting for a purpose which is outside his business.
“Content” means any content in any form published on Our Website by us or any third party with our consent.
“Goods” means any of the goods we offer for sale on Our Website, or, if the context requires, goods we sell to you.
“Our Website “ means any website of ours, and includes all web pages controlled by us.
“Post” means display, exhibit, publish, distribute, transmit and/or disclose information, Content and/or other material on to Our Website, and the phrases “Posted” and “Posting” shall be interpreted accordingly.
In this agreement unless the context otherwise requires:
- 2.1. a reference to a person is a reference to one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organisation.
- 2.2. these terms and conditions apply to all supplies of Goods by us to any customer. They prevail over any terms proposed by you.
- 2.3. any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing;
- 2.4. except where stated otherwise, any obligation of any person arising from this agreement may be performed by any other person;
- 2.5. in this agreement references to a party include references to a person to whom those rights and obligations are transferred or passed as a result of a merger, division, reconstruction or other re-organisation involving that party.
- 2.6. the headings to the paragraphs and schedules (if any) to this agreement do not affect the interpretation;
- 2.7. a reference to an act or regulation includes new law of substantially the same intent as that act or regulation.
- 2.8. in any indemnity, a reference to costs or expenses shall be construed as including the estimated cost of management time of the indemnified party, such cost calculated £50 per hour.
- 2.9. these terms and conditions apply in any event to you as a buyer or prospective buyer of our Goods and so far as the context allows, to you as a visitor to Our Website.
- 2.10. this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.
3. Our contract with you
1. 3.1. This agreement contains the entire agreement between the parties and
supersedes all previous agreements and understandings between the parties.
- 3.2. Each party acknowledges that, in entering into this agreement, he/she does not rely on any representation, warranty, information or document or other term not forming part of this agreement.
- 3.3. If you use Our Website in any way and make an order on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.
- 3.4. Because we rely on our suppliers, we Precious Stars do not guarantee that Goods advertised on Our Website are available. We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Goods.
- 3.5. The price of Goods may be changed by us at any time. We will never change a price so as to affect the price charged to you at the time when you buy those Goods.
- 3.6. If in future, you buy Goods from us under any arrangement which does not involve your payment via Our Website; these terms still apply so far as they can be applied.
- 3.7. We do not sell the Goods in all countries. We may refuse to deliver the Goods if you live in a country we do not serve.
4. Acceptance of your order
4.1. 4.2. 4.3.
Your order is an offer to buy from us. Nothing said or done by us is an acceptance of an order until we confirm acceptance in writing, referring to the order. We will confirm your order’s receipt and send confirmation of the dispatch order via email. We will contact you if there are any issues with your order.
At any time before the Goods are despatched, we may decline to supply the Goods to you without giving any reason.
If we do not have all of the Goods you order in stock, we will offer you alternatives. If this happens you may:
- 4.3.1. accept the alternatives we offer;
- 4.3.2. cancel all or part of your order.
5. Price and payment
1. 5.1. The price payable for the Goods that you order is clearly set out on Our Website.
- 5.2. It is possible that the price may have increased from that posted on Our Website. If that happens, we will not despatch the Goods until you have confirmed that you wish to buy at the new price.
- 5.3. Prices include UK value added tax (“VAT”). If you show by your delivery address that you reside outside the United Kingdom, VAT will be deducted at the payment point.
- 5.4. If the item you order is available in parts, you must pay us the full price of your order before we will send any part of it.
- 5.5. We currently only accept payment using Paypal, however please note it is also possible to pay using credit card or debit card through Paypal without having a Paypal account. Orders will not be dispatched until payment is cleared through Paypal to Precious Stars.
- 5.6. If, by mistake, we have under-priced Goods, we will not be liable to supply that those Goods to you at the stated price, provided that we notify you before we dispatch it to you.
- 5.7. The price of the Goods does not include the delivery charge which will be charged at the rates applicable at the date you place your order and which will be displayed on a page of Our Website before we ask you to pay.
- 5.8. If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 14 days from the date when we accept that repayment is due.
6. Security of your credit card
We take care to make Our Website safe for you to use.
- 6.1. Card payments are not processed through pages controlled by us. We use only the one payment service provider (Paypal) who will encrypt your card or bank account details in a secure environment.
7. Cancellation and refunds
This and the following paragraph apply if you buy as a consumer as defined in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the “Regulations”). Provided the Regulations apply to the transaction concerned, then the following terms apply to the contract.
- 7.1. We now inform you that information relating to all aspects of our Goods is not in this document but in our marketing material, whether that is in the medium of Our Website or in hard copy.
- 7.2. The following rules apply to cancellation of your order:
- 7.2.1. If you have ordered Goods, but not received them, you may cancel your order without giving a reason, at any time within 14 days of your order. You will have no obligation and we will return your money.
- 7.2.2. If you have ordered Goods, and received them, you may cancel your order at any time within 14 days of the date you received them. You must tell us that you wish to cancel. You must also send the Goods back to us within that same 14 day period.
- 7.2.3. We will return your money subject to the following conditions:
18.104.22.168. we receive the Goods in a condition in which we can re-sell them at full price, in new condition, with labels and packaging intact.
22.214.171.124. you comply with our procedure for returns and refunds. We cannot return your money unless we know who sent them.
4. 7.2.4. Due to the personal nature of some of our products, we do not accept returns
- Cloth pads
- Wet bags
- Menstrual cups
7.3. The option to cancel your order is not available:
- 7.3.1. if you purchase sealed goods which relate to health or hygiene, and they become unsealed after delivery, or cannot be re-sold for some other reason;
- 7.3.2. if they are a hard medium for a product in soft copy, which comes to you sealed and is returned to us unsealed.
- 7.3.3. If the Goods are somehow mixed with other goods so that we cannot identify or easily separate them.
- 7.4. You are responsible for the cost of returning the Goods. We have no obligation to refund to you, your cost of re-packing and returning the Goods.
- 7.5. In any of the above scenarios, we will return your money within 14 days.
8. Liability for subsequent defects
- 8.1. Please examine the Goods received from us immediately you receive them. If you do not tell us of any defect or problem within 14 days of receipt of the Goods, we shall assume that you have accepted them.
- 8.2. Laundry: As we have no control over the circumstances in which laundry occurs, Precious Stars can take no responsibility for any damage or loss incurred from you washing any of the products from us.
- 8.3. The procedure to return the faulty Goods is as follows:
8.3.1. the Goods must be returned to us as soon as any defect is discovered but not later than 14 days from receipt by you.
8.3.2. before you return the Goods to us, please carefully re-read the instructions provided with the goods.
8.3.3. please follow the returns procedure provided on our website. We will send an email to you as soon as you notify us that you wish to return them.
8.3.4 As the majority of our items are hand made, there may be small imperfections in the products. We will not send/sell any items that are faulty and maintain the right to decide what is faulty and what it not.
- 8.4. If any 8.4.1. 8.4.2.
We receive the Goods with labels and packaging intact.
You comply with our returns procedure. We cannot return your money unless we know who sent them.
You tell us clearly what is the fault you complain off, when it first became apparent, and other information to enable us to identify or reproduce it.
Defect is found, then we shall: repair or replace the Goods, or refund the full cost you have paid including the cost of returning the Goods.
- 9.1. When you purchase something from Precious Stars, we aim to dispatch within 2 working days. We aim to have the stock levels as accurate as possible on the website. In the unlikely event that we cannot dispatch your order with the stock we have at hand, we will contact you via email or phone and give you the option of receiving a full refund, swapping an item (cloth pads only) or receiving a partial refund if only part of your order us unavailable. We make every effort to describe the goods accurately on the website.
- 9.2. Deliveries will be made by the Carrier to the address stipulated in your order. You must ensure that someone is present to accept the delivery.
- 9.3 Goods are sent by post. We will send you a message by email to tell you when we have despatched your order.
- 9.4. If we agree with you to deliver on a particular day or at a particular time, we will do our best to comply. But no time given is to be treated as contractual. So we are not liable to you for any expense or inconvenience you incur on account of delayed delivery or non- delivery.
- 9.5. Time for delivery specified on the order, if any, is an estimate only and time shall not be of the essence.
- 10.Foreign taxes and duties
- 10.1. If you are not in the UK, we have no knowledge of, and no responsibility for, the laws in your country.
- 10.2. You are responsible for purchasing Goods which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.
- Goods returned
These provisions apply if you buy from us other than being a Consumer. The following rules apply to return the faulty Goods:
- 11.1. We do not accept returns unless there was a defect in the Goods at the time of purchase, or we have agreed in correspondence that you may return them.
- 11.2. Before you return the Goods to us, please carefully re-read the instructions and check that you have assembled it correctly and complied with any provisions
- 11.3. The Goods must be returned to us as soon as any defect is discovered but not later than 14 days.
- 11.4. So far as possible, Goods should be returned:
- 11.4.1. with both Goods and all packaging as far as possible in their original condition;
- 11.4.2. securely wrapped;
- 11.4.3. including our delivery slip; or manufacturer’s delivery slip.
- 11.4.4. at your risk and cost.
- 11.5. You must tell us by email message to [email protected] that you
would like to return Goods, specifying exactly what Goods and when purchased, and giving full details of the defect or other reason for return. We will then issue a returns note. If you send Goods to us without a returns note, we may not be able to identify sufficient details to enable us to attend to your complaint. Please note in particular that we cannot deal with your complaint unless you return the entire Goods that you bought: that is to say, with all components and parts and in the original packaging.
- 11.6. In returning faulty Goods please encloses with it a note clearly stating the fault and when it arises or arose
- 11.7. If we agree that the Goods are faulty, we will:
11.7.1. refund the cost of return carriage;
11.7.2. repair or replace the Goods as we choose.
- 11.8. If we repair or replace the Goods, you have no additional claim against us either under this agreement or by statute or common law, in respect of the defect.
- 12.1. The law differs from one country to another. This paragraph applies so far as the applicable law allows.
- 12.2. All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
- 12.3. We make no representation or warranty for: 12.3.1. the quality of the Goods;
- 12.3.2. any implied warranty or condition as to merchantability or fitness of the Goods for a particular purpose;
- 12.3.3. the correspondence of the Goods with any description;
- 12.3.4. the adequacy or appropriateness of the Goods for your purpose.
- 12.4. We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website.
- 12.5. We shall not be liable to you for any loss or expense arising out of or in connection with your use of Our Website, which is indirect or consequential loss, or economic loss or other loss of turnover, profits, business or goodwill. This applies whether in an action of contract, negligence or otherwise, even if such loss was reasonably foreseeable or we knew you might incur it.
- 12.6. We make no representation or warranty and accept no responsibility in law for:
- 12.6.1. accuracy of any Content or the impression or effect it gives;
- 12.6.2. delivery of Content, material or any message;
- 12.6.3. privacy of any transmission;
- 12.6.4. any act or omission of any person or the identity of any person who introduces himself/herself to you through Our Website;
- 12.6.5. any aspect or characteristic of any goods or services advertised on Our Website;
- 12.7. Our Website includes Content Posted by third parties. We are not responsible for any such Content. If you come across any Content which offends you, please contact us via the “Contact us” page on Our Website or email us at [email protected]eciousstars.co.uk.
- 12.8. We will do all we can to maintain access to Our Website, but it may be necessary for us to suspend all or part of our service for repairs, maintenance or other good reasons. We may do so without telling you first.
- 12.9. You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us in the immediately preceding 12 month period for the Goods concerned.
- 12.10. This paragraph (and any other paragraph which excludes or restricts our liability or provides an indemnity to us) applies to our directors, employees, subcontractors, agents and affiliated companies, as well as to us. Any of them may enforce this provision under the Contracts (Rights of Third Parties) Act 1999.
- 12.11. If you become aware of any breach of any term of this agreement by any person, please tell us by email at [email protected] We welcome your input but do not guarantee to agree with your judgement.
- 12.12. Nothing in this agreement excludes liability for a party’s fraud.
- 13.Your account with us
- 13.1. You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods.
- 13.2. If you use Our Website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your account and Paypal details.
- 13.3. You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.
- 14.How we handle your Content
- 14.2. If you Post Content to any public area of Our Website or social media platforms (Facebook, Twitter, Instagram, LinkedIn, Blog YouTube) it becomes available in the public domain. We have no control who sees it or what anyone does with it.
- 14.3. Even if access to your text is behind a user registration it remains effectively in the public domain because someone has only to register and log in, to access it. You should therefore avoid Posting unnecessary confidential information.
- 14.4. We need the freedom to be able to publicise our Goods and your own use of them. You therefore now irrevocably grant us the right and licence to edit, copy, publish, distribute, translate and otherwise use any Content that you place on Our Website or social media platforms (Facebook, Twitter, Instagram, LinkedIn, Blog, YouTube), in public domains and in any medium. You represent and warrant that you are authorised to grant all such rights.
- 14.5. We will use that licence only for commercial purposes of the business of Our Website and will stop using it after a commercially reasonable period of time.
- 14.6. You agree to waive of your right to be identified as the author and your right to object to derogatory treatment of your work as provided in the Copyright, Designs and Patents Act 1988 s80.
- 14.7. You now irrevocably authorise us to publish feedback, comments and ratings about your activity through Our Website and social media platforms (Facebook, Twitter, Instagram, LinkedIn, Blog, YouTube), even though it may be defamatory or critical.
- 14.8. Posting content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.
- 14.9. You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you.
- 14.10. You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
- 14.11. Please notify us of any security breach or unauthorised use of your account. Please either use the Contact Us page on our website or email us at [email protected]
- 14.12. We do not solicit ideas or text for improvement of our Service, but if you do send to us material of any sort, you are deemed to have granted us a licence to use it in the terms set out at sub paragraph five / number above.
15 Removal of offensive Content
- 15.1. For the avoidance of doubt, this paragraph is addressed to any person who comes on Our Website for any purpose.
- 15.2. We are under no obligation to monitor or record the activity of any customer for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.
15.3. If you are offended by any Content, the following procedure applies:
- 15.3.1. Your claim or complaint must be submitted via post or email (see our Contact Us page on our address. Email is: [email protected]
- 15.3.2. we shall remove the offending Content as soon as we are reasonably able;
- 15.3.3. after we receive notice of a claim or complaint, we shall investigate so far as we alone decide;
- 15.4. We may re-instate the Content about which you have complained or not.
- 15.5. In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.
- 15.6. You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.
16. Security of Our Website
If you violate Our Website we shall take legal action against you.
You now agree that you will not, and will not allow any other person to:
- 16.1. modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
- 16.2. link to Our Website in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;
- 16.3. download any part of Our Website, without our express written consent;
- 16.4. collect or use any product listings, descriptions, or prices;
- 16.5. collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
- 16.6. aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of Our Website;
- 16.7. share with a third party any login credentials to Our Website.
- 16.8. Despite the above terms, we now grant a licence to you to:
- 16.8.1. create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
- 16.8.2. you may copy the text of any page for your personal use in connection with the purpose of Our Website.
You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:
- 17.1. your failure to comply with the law of any country;
- 17.2. your breach of this agreement;
- 17.3. any act, neglect or default by any agent, employee, licensee or customer of yours;
- 17.4. a contractual claim arising from your use of the Goods;
- 17.5. a breach of the intellectual property rights of any person.
18. Intellectual Property
- 18.1. We will defend the intellectual property rights in connection with our Goods and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
- 18.2. Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
- 18.3. You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person.
- 18.4. Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.
19. Dispute resolution
In this paragraph the term “ADR Provider” means an approved body under the Alternative Dispute Resolution for Consumer Dispute Regulations 2015.
The following terms apply in the event of a dispute between the parties:
- 19.1. If you are not happy with our goods supplied to you or have any complaint then you must tell us by email to [email protected]
- 19.2. If a dispute is not settled as set out above, we hope you will agree to attempt to resolve it by engaging in good faith with us in a process of mediation or arbitration.
- 19.3. We can propose an ADR Provider or will listen to your proposal. If you are in any way concerned, you should read the regulations at: http:// ec.europa.eu/consumers/odr/
20. Miscellaneous matters
- 20.1. When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
- 20.2. Where we provide goods without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Goods for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that service.
- 20.3. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
- 20.4. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
- 20.5. Pricing errors: If there is a product that is priced incorrectly on our website, then we reserve the right to either cancel and refund your order or contact you to arrange the payment of the additional amount.
- 20.6. Out of stock items: While every effort is made to ensure that the stock on the website reflects the actual levels we have available for sale, sometimes we have not have the item you have paid for on the website. If this situation arrises, we retain the right to contact you to resolve the issue with the stock item/s and offer an alternative product or a refund. We will place your order on hold till we confirm your decision in writing.
- 20.7. Discounts and Promotional Special Offer Codes: Any discounts and promotional codes issued by Precious Stars are to be used against the purchase of products only. These may be withdrawn by Precious Stars at any time. Only one discount or promotional code can be accepted on any order. It is the responsibility of the customer to enter the appropriate code at the time of the purchase. Failure to use the available codes cannot be rectified after the purchase has been completed. If you have any queries relating to any problems with discounts or promotional codes, please contact us via our Contact Us webpage here prior to your purchase and we will be happy to assist.
- 20.8. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
- 20.9. Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail.
It shall be deemed to have been delivered:
if delivered by hand: on the day of delivery;
if sent by post to the correct address: within 72 hours of posting;
If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.
- 20.10. This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
- 20.11. Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond their reasonable control, including any labour dispute between a party and its employees.
- 20.12. In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
- 20.13. The validity, construction and performance of this agreement shall be governed by the laws of England and Wales / Scotland / Northern Ireland.
Information about your statutory right to cancel
Your right to cancel
Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you have the right to cancel this contract within 14 days without giving any reason.
The cancellation period will expire 14 days after the contract was made. That means you can cancel before you have downloaded the product or we have delivered it to you.
How to cancel
To meet the cancellation deadline, it is enough for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement, sent to us by post or e-mail (see details on Contact Us page on website)
The information contained in this website is for general information purposes only. The information is provided by Precious Stars and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
Through this website, you are able to link to other websites which are not under the control of Precious Stars. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep the website up and running smoothly. However, Precious Stars takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
Precious Stars may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from the 22nd May, 2018