Terms & Conditions

Welcome to the website of theshopstar.co.uk

These terms and conditions apply to the use of this website and by accessing this website and/or placing an order you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions, you may not use or access this website. Please read the terms and conditions carefully. They do not affect your statutory rights. This site is owned and operated by Shop Star UK Ltd, trading as SHOPSTAR ('Shopstar', 'we' or 'us' or 'our'). If you have any questions or comments with regard to these terms and conditions, please contact us here

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Sale Terms & Conditions

Version number: 1.1

Effective date: 06/01/2023

Who we are

We are Shop Star UK Ltd trading as “theshopstar”. Our company information is at the end of this document.

What this is all about

These are our terms and conditions which apply when you buy any goods via our site/app. (Separate terms apply to use of our Service/app.) We’ve tried to make them user-friendly. Please read them carefully and save a copy as we don’t file a copy specifically for the transaction with you. They are available in English only.

Definitions

Where we refer to “Consumer” below we mean an individual acting for purposes which are wholly or mainly outside that person’s trade, business, craft or profession.

“Service” means our website or app.

Who can buy on our Service

You are not allowed to buy any goods via this Service if your main purpose is to use them to infringe our intellectual property or other legal rights.

Where you communicate with us on behalf of a company / organisation, you promise that you have authority to act on behalf of that entity.

Changing these terms and conditions

We may change these terms and conditions at any time. Please check them carefully as they will apply to anything you buy after the effective date shown at the top.

IMPORTANT WARNING

Some of the goods we sell via this Service are potentially dangerous. It is your responsibility to ensure that such goods are installed and used only:

in accordance with the manufacturer’s instructions and with all applicable laws and regulations; and
by persons with the appropriate level of training, qualifications, skill and experience.

The goods may be a little different to what you expect…

We take reasonable care to ensure that the images and descriptions of goods appearing on our Service are accurate and to display as accurately as possible the appearance / colour / texture / finish of our goods. However, there may be minor differences between the goods you receive and the way that they appear on our Service. For example, the colour tone may differ.

You acknowledge that timber and other materials may contain or develop natural cracks, scratches, dark spots, shading and other such features, for example due to moisture, shrinkage, movement. These matters do not affect the longevity of the materials and do not mean that the goods are faulty.

The labelling or packaging of the goods you receive may differ from the images of these which you see on our Service.

Giving us accurate information

You must ensure that your order, including delivery address and any other information you supply to us, is correct and that you tell us immediately if there are any changes.

How you enter a legal contract with us

Your order is an offer to buy from us.

You place your order by using the ordering process on our Service. This involves selecting the goods, placing them in the shopping cart and sending your order to us. You can check and amend any mistake before making an order by using the change function and/or the internet browser back button.

We accept your offer and there is a binding legal contract when we send you a dispatch email. However, we are not obliged to supply any goods which are unavailable, even if we have accepted your offer. If any goods are unavailable, we will notify you of the unavailability as soon as possible and will cancel the order and arrange for a full refund if you have been charged.

co.uk has the right to cancel your order in the event of technical problems, delivery failure, Fair use policy and other similar situations.

Paying us

Payment is in advance. Prices and payment methods are as explained on our Service. The prices shown include any applicable VAT or other sales tax unless we say otherwise. We are entitled not to send you the goods until we have received full payment in cleared funds.

Delivery charges costs will be shown when you place your order and may depend on the delivery method chosen.

If we have mis-priced any item by mistake, we are not obliged to supply the item at that price provided we tell you before we send it off. If we do, then you can decide if you want to order the item at the right price but, if you do not, we will cancel the order provide a full refund of any payments already made.

You must contact us immediately with full details if you dispute any payment.

If any amount due to us is unpaid, or unjustifiably charged back, we may end this contract by giving you written notice (including email).

About discount codes

We may offer discount codes from time to time. All discount codes refer to the price excluding delivery charges. Such codes may only be applied to purchases made through the account in respect of which the discount code was offered and registered and are not transferrable or redeemable for cash. Unless otherwise stated: codes

are only available for future new orders placed online;
cannot be used retrospectively;
can only be redeemed once per customer; and
expire after 1 month. You cannot use more than one discount code per transaction unless we state otherwise; if we do so, the order in which the codes are to be applied is in our sole discretion.

We reserve the right to reject any discount code if we consider that it is being used in breach of these terms. Discount codes are subject to any additional specific terms and conditions which are specified at the point of issue. We reserve the right to discontinue or otherwise modify any discount codes at any time without prior notice.

Delivery

Delivery will be complete when we deliver to the address you give us when ordering. We may deliver different parts of your order on different dates.

Delivery is limited to the UK only and subject to any geographical or other restrictions explained on our Service. We have the right to cancel any order for delivery to a location to which we don’t deliver (even if there is a legal contract). You agree to pay us any additional delivery costs we incur if we decide to deliver outside our normal delivery area.

Unless we say otherwise, delivery timescales on our Service are estimates only. We aren’t responsible for delays in delivery

if due to circumstances beyond our reasonable control and where we could not have taken reasonable steps to deal with the delay or
if you haven’t given us adequate delivery instructions.

If you receive notification of an unsuccessful attempted delivery, you agree to use the details provided to immediately contact the courier to arrange re-delivery. If nobody is available to receive the goods, we may leave them at the doorstep, hall or reception as available, or with a neighbour.

If the goods can’t be delivered because you haven’t complied with this contract (e.g., giving us the wrong delivery address or not contacting the courier to arrange re-delivery after an unsuccessful delivery attempt) and are sent back to us, you must pay us the amount of any resulting courier or warehouse fees that we have to pay other people. We can insist that such costs be paid before we arrange re-delivery and/or add them to any future order you make and/or to deduct them from any refund (to the extent legally allowed).

This paragraph applies only if you are not a Consumer: You undertake to inspect all goods immediately on receipt and within seven days you must give notice in writing in detail of any damage or any ground on which you allege that the goods are not in accordance with this agreement. If you fail to give such notice, the goods shall be conclusively presumed to be in all respects in accordance with this agreement and free from any defect which would be apparent on reasonable examination of the goods and you shall be deemed to have accepted the goods accordingly. If you do give notice under this clause, we shall be given a reasonable opportunity after receiving such notice to examine the relevant goods and (if we ask you) you shall send the relevant goods at your expense to the location specified by us to enable the examination to take place.

When you become the legal owner of the goods

You become owner of the goods after the later of delivery of the goods and payment of the price plus delivery charges. Until that happens, you hold the goods on our behalf. If you are not a Consumer, you must identify the goods as ours and keep them separate from your other goods until ownership passes.

Right to cancel (“cooling off”)

If you are a Consumer, you may have the right to cancel this contract within 14 days of receiving the goods as further explained in Annex 1 at the end of this document. This right is not affected by any separate returns policy on our Service.

However, there is no right to cancel contracts for the supply of goods liable to deteriorate or expire rapidly.

You lose the right to cancel contracts for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, if they become unsealed after delivery.

Buying goods for resale

Please see Annex 2 which applies, in addition to the other terms, when you buy goods from us for resale.

Restrictions on our legal responsibility for goods – very important

Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our employees and agents, who have the right to enforce this agreement.

The following clauses apply only if you are a Consumer:

We are under a legal duty to supply goods that are in conformity with the contract. Nothing in our agreement affects your legal rights relating to goods that don’t conform with the contract, whether because they are faulty, not as described or otherwise. You can get advice about your legal rights from your local Trading Standards office or Citizens' Advice Bureau.

We are not responsible for any loss or damage where:

there is no breach of a legal duty owed to you by us;
such loss or damage was not reasonably foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract);
(and to the extent that) such loss or damage is your fault, for example by not complying with this agreement; or
such loss or damage relates to a business (as we do not intend for goods bought by Consumers to be used for business).
You will be responsible to us for any reasonably foreseeable loss or damage we suffer (including claims made by other people) resulting from your breach of this agreement.

The following clauses apply only if you are not a Consumer:

Our total aggregate liability of any kind (including for our own negligence and breach of warranty) is limited to the price paid for the goods.

In no event (including for our own negligence and breach of warranty) will we be liable for any of the following (even if we have been advised of the possibility of any such losses): economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings); or loss of goodwill or reputation; or special, indirect or consequential losses; or damage to or loss of data.

You will indemnify us against all claims and liabilities directly or indirectly related to your breach of this agreement or, if you are a reseller, to the acts or omissions of your customer.

To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement or in any applicable warranty.

This agreement constitutes the entire agreement between us with respect to its subject matter and supercedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to the terms of this agreement is excluded.

Software

To the extent that our goods incorporate any software, you must not reverse-engineer or decompile any of our software in any way (except to the extent allowed by applicable law). You must not create or use a modified or derivative version of our software or distribute or sublicense our software to third parties. You must take reasonable steps to ensure that our software is not disclosed to any third party.

Things we can’t control

We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures and epidemics/pandemics.

Transferring this contract to someone else

We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.

Your personal information – see our privacy policy

You agree that we can deal with your personal information in accordance with our Privacy Policy which may change from time to time.

English law and courts

These terms and conditions are under English law and any disputes will be decided only by the courts of the United Kingdom. If you are a Consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these terms and conditions affects your rights as a Consumer to rely on such mandatory provisions of local law.

General but important information

We may send all notices under this agreement by email to the most recent email address you have given us. You can send notices to our email address shown below. Headings used in this agreement are for information and not binding. If any part of this agreement is ineffective or unenforceable for any reason, the rest of the agreement will still apply. If either of us overlooks any breach of this agreement by the other, it can still be actioned later. A person who is not a party to this agreement can’t enforce it unless the agreement says otherwise. The parties are independent contractors and, except as otherwise specifically stated above, nothing in this agreement make any party as agent, employee or representative of the other.

Complaints

If you have any complaints, please contact us via the contact details shown below.

Information about us

Company name: Shop Star UK Ltd
Trading name: “theshopstar”
Country of incorporation: England and Wales
Registered number: 15409902
Registered office and contact address: 7 Bell Yard London, WC2A 2JR, UK.
Contact email address: sales@theshopstar.co.uk
Other contact information: See the contact page on our website

ANNEX 1

YOUR RIGHT TO CANCEL THIS CONTRACT (“COOLING OFF”)

The following applies if you have the right to cancel this contract (as explained above):

Right to cancel

You have the right to cancel this contract within 14 days without giving any reason.

The cancellation period will expire after 14 days from the day:

on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods; or
in the case of multiple goods ordered by you in one order and delivered separately: on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good; or
in the case of a contract relating to delivery of a good consisting of multiple lots or pieces: on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last lot or piece.

To exercise the right to cancel, you must inform us Shop Star UK Ltd, 7 Bell Yard, London WCA2 2JR, UK, email address above or using the contact form, of your decision to cancel this contract by a clear statement (e.g., a letter sent by post or e-mail). You may use the model cancellation form below but it is not obligatory.

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Effects of cancellation

If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).

We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.

We will make the reimbursement without undue delay, and not later than:

14 days after the day we receive back from you any goods supplied, or
(if earlier) 14 days after the day you provide evidence that you have returned the goods.

We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation of the contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.

You will bear the direct cost of returning the goods.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

MODEL CANCELLATION FORM

Complete and return this form only if you wish to cancel the contract:

To Shop Star UK Ltd, 7 Bell Yard, London WCA2 2JR, UK, email address above:
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/ for the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
Date

[*] Delete as appropriate

ANNEX 2

BUYING GOODS FOR RESALE

You agree that in connection with the resale of our goods you will comply with all applicable laws and regulations (including in relation to data protection) and will not infringe any third party rights.

You are free to fix your resale prices according to the applicable laws and regulations in force from time to time. If we communicate any recommended retail prices, these are indicative only except insofar as legally allowed otherwise.

You undertake not to alter or modify the goods including our trade marks and branding thereon without our prior written consent unless specifically allowed by applicable law.

When reselling the goods, you undertake not to do anything which would be likely to seriously damage our reputation.

You undertake not without our prior written consent to make or give any promises, representations, warranties or guarantees on our behalf in relation to the goods.

We will communicate only with you, through our normal channels.

Website and App Terms & Conditions

Who we are

We are Shop Star UK Ltd trading as “theshopstar”. Our company information is at the end of this document.

What this is all about

These are our terms and conditions which apply to use of our Service (explained below). We’ve tried to make them user-friendly. Please read them carefully and save a copy as we don’t file a copy specifically for the transaction with you. They’re available in English only.

The sale of goods via our Service is subject to separate terms and conditions.

Where you communicate with us on behalf of a company / organisation, you agree that you have authority to act on its behalf.

Some definitions

Here are some definitions which are used in this document (all capitalised):

“App” – the Shopstar mobile application
“Consumer” - an individual acting for purposes which are wholly or mainly outside that person’s trade, business, craft or profession.
“Content” - all information of whatever kind displayed on or sent through our Service.
“Service” – our website and App.
“Store” – the app distributor from which you download the App (e.g., Apple App Store, Google Play App Store).
“Store Rules” – any applicable rules, policies or terms of the relevant Store.
“User” - people or organisations using our Service (whether or not registered with us).

How you enter a legal contract with us

By downloading our App, you enter into a legal contract with us to use the App. These terms and conditions are an “end user licence agreement” between you and us (not the Store) in relation to our App (i.e., setting out how we allow you to use our App). You also agree to be legally bound by the Store Rules.

You are also bound by these terms if you browse our website.

Changing these terms and conditions

We may change these terms and conditions by giving you at least 14 days’ notice unless a more urgent change is needed to comply with laws or regulations or to deal with an unforeseen and imminent danger. We will notify you by posting the new version on our website and, if the changes are important, by email, SMS and/or in-app message. The new terms will apply if you continue using our Service after the effective date.

Your right to use our Service

We grant you a limited personal non-transferable right to use our Service on any applicable device owned or controlled by you (only Apple-branded if you download our App from Apple) subject to these terms and conditions and, where applicable, in accordance with the Store Rules.

Behaviour when using our Service

You agree not to do any of the following in connection with our Service:

break the law or infringe anyone else’s rights;
send, store, display or link to unlawful, infringing or otherwise inappropriate Content;
victimise or harass other people;
use offensive, obscene, abusive, discriminatory or other inappropriate language or images;
deceive or mislead anyone;
send, store, display or link to any Content that includes someone else’s personal information unless that person is 18 years or over and you have obtained their written consent;
use our Service with a view to competing with us or infringing our rights;
disrupt our Service, e.g., spam, viruses or phishing;
interfere with or damage our Service or gain unauthorised access to any part of our system, data, passwords or otherwise;
intercept or modify communications;
impose an unreasonable load on our Service;
deliberately exploit any bugs found within our Service;
get around any security features including those designed to stop copying of Content; or
attempt, encourage or assist any of the above.

Content

If you provide Content, you are responsible for it. You agree that you have (and will keep) all rights needed to enable us to use it in accordance with these terms and conditions.

If you post a review, rating or comment you promise that it is your independent, honest, genuine opinion.

You acknowledge that any information published or sent on or via our Service by other users is the sole responsibility of the person from whom such Content originated and we are not responsible for it.

We do not guarantee that any general information or guidance that we may make available on our Service is accurate or up to date. You rely on it at your own risk.

We are allowed (without telling you) to reject, suspend, alter, remove or delete Content for any reason and to disclose to the police or other relevant authorities or to a complainant any Content or behaviour provided we are legally permitted to do so.

Uninstalling the App may result in deletion of all Content on your device.

Referral Programme

If you use our referral service, you agree to be bound by our Referral Programme Terms & Conditions.

Other peoples’ services / advertising / websites

We may display other peoples’ services, advertising and /or links to other websites. We do not recommend or endorse, nor are we legally responsible for, any of these. You use them at your own risk.

You agree that you are legally bound by the terms and conditions of any payment providers whose services you use on our Service. We aren’t responsible for what they do or don’t do.

If you create an account on our Service

Unless otherwise specifically stated on our Service, your account is for your personal use only. You must not allow any other person to use your account unless we specifically say otherwise. You agree to take reasonable care to keep your login information confidential and to tell us immediately of any apparent breach of security such as loss or misuse of a password. You are responsible for other people who use your account or identity (unless and to the extent that we are at fault).

Support

You acknowledge that the Store has no obligation to supply any maintenance and support services in relation to the App.

If our Service doesn’t work properly

We do not guarantee that the Service will be uninterrupted or error-free. We are entitled, without notice and without liability to suspend the Service for repair, maintenance, improvement or other technical reason.

You acknowledge that technology is not always secure and you accept the risks inherent in use of the Internet or other technology for the purpose of the Service.

Compatibility of App

We do not guarantee that the App is or will be compatible with any particular mobile devices or associated operating systems (OS’s). [Subscription: You must check that the App works on your applicable device before you subscribe.] You acknowledge that the supplier of the device or OS may issue an update that causes our App to stop working. We may issue App updates through the Store; if so, you may not be able to use our App properly or at all until you have downloaded the update, which may be subject to agreement to new terms and conditions. It is your responsibility to frequently monitor for App updates and to install them as soon as they become available.

Restrictions on our legal responsibility – very important

Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our employees and agents, who have the right to enforce this agreement.

If you are a Consumer, we shall not be liable for any loss or damage where:

there is no breach of a legal duty owed to you by us;
such loss or damage was not reasonably foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract);
(and to the extent that) such loss or damage is your fault, for example by not complying with this agreement; or
such loss or damage relates to a business of yours.

If you are a Consumer, you will be responsible to us for any reasonably foreseeable loss or damage we suffer (including claims made by other people) resulting from your breach of this agreement or misuse of our Service.

The following clauses apply only if you are not a Consumer:

In no event (including our own negligence) will we be liable for any of the following (even if we have been advised of the possibility of any such losses): economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings); or loss of goodwill or reputation; or special, indirect or consequential losses; or damage to or loss of data.
You will indemnify us against all claims and liabilities directly or indirectly related to your use of the Service and/or breach of this agreement.
To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement.

Intellectual property rights (e.g., copyright)

The intellectual property rights in all material used on or in connection with our Service are owned by us or our suppliers, partners or other users. For your personal and internal business use only, you may view such material on your device. You must not otherwise use such material including copying, publishing, selling or altering it or taking extracts from it without our specific prior written consent.

Just to be clear - you must not collect, scrape, harvest, frame or deep-link to any Content on our Service without our specific prior written consent.

You must not reverse-engineer or decompile any of our software in any way (except to the extent allowed by applicable law). You must not create or use a modified or derivative version of our software or distribute or sublicense our software to third parties. You must take reasonable steps to ensure that our software is not disclosed to any third party.

Your personal information – see our privacy policy

You agree that we can deal with your personal information in accordance with our Privacy Policy which may change from time to time.

Things we can’t control

We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures and epidemics/pandemics.

Transferring this contract to someone else

We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.

English law and courts

This contract is under English law and any disputes will be decided only by the courts of the United Kingdom.

General but important information

We may send all notices under this agreement by email to the most recent email address you have given us. You can send notices to our email address shown below. Headings used in this agreement are for information and not binding. If any part of this agreement is ineffective or unenforceable for any reason, the rest of the agreement will still apply. If either of us overlooks any breach of this agreement by the other, it can still be actioned later. A person who is not a party to this agreement can’t enforce it unless the agreement says otherwise. The parties are independent contractors and, except as otherwise specifically stated above, nothing in this agreement make any party as agent, employee or representative of the other.

Extra legal terms required by the Store

In the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, we, not the Store, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.

The following applies where Apple Inc is the Store:

In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App (if applicable). To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility subject to these terms and conditions.

We, not Apple, are responsible for addressing your claims or the claims of any third party relating to the App or the end-user’s possession and/or use of that App, including, but not limited to:
product liability claims;
any claim that the App fails to conform to any applicable legal or regulatory requirement; and
claims arising under consumer protection, privacy or similar legislation including use of HealthKit and HomeKit frameworks.
You acknowledge and agree that the Store, and the Store’s subsidiaries, are third party beneficiaries of this agreement, and that the Store will have the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third party beneficiary thereof.

You agree that

you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and
you are not listed on any U.S. Government list of prohibited or restricted parties.

Complaints

If you have any complaints, please contact us via the contact details shown below.

Information about us

Company name: Shop Star UK Ltd
Trading name: “theshopstar”
Country of incorporation: England and Wales
Registered number: 15409902
Registered office and contact address: 7 Bell Yard London, WC2A 2JR, UK.
Contact email address: sales@theshopstar.co.uk
Other contact information: See the contact page on our website