Terms of Sale
Tom Gates Online Shop Terms of Sale
Last updated: November 23, 2021
1. Introduction and Information About Us
1.1 These are the terms and conditions on which we supply products to you from this website. Please read these terms carefully before you submit your order to us. These terms explain who we are, how we will provide products to you, how to return products to us, what to do if there is a problem and other important information.
1.2 We are Star Editions Limited (“Star Editions”, “we”, “our”, “us”), a company registered in England and Wales. Our company registration number is 06628133 and our registered office is at Stanley House, Masterlord Village, West Road, Ipswich, Suffolk, IP3 9SX, UK. Our registered VAT number is 922 7942 09.
1.3 You can contact us by using the “Contact Us” section on the website.
1.4 If we need to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2. Our Contract with You
2.1 The images of the products on the website are for illustrative purposes only. Although we have made every effort to display the colours of products accurately, we cannot guarantee that a computer or device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. Also, the packaging of the product may vary from that shown in images on the website.
2.2 Our acceptance of your order will take place when a confirmation email is sent to you, at which point a contract will come into existence between you and us.
2.3 If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be for one of a number of reasons including because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product, because of an issue relating to the personalisation of the product (see 5 (“Personalised Products”) below) or because we are unable to meet a delivery deadline you have specified.
2.4 We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
2.5 Unless otherwise indicated to you, we currently accept orders via the website from locations in the UK and the EU only.
2.6 You must be aged 18 or over to order products from this website.
3.1 Delivery charges will be as displayed to you on the website. Additional charges (such as customs duty) may apply for delivery outside the UK.
3.2 During the order process, we will let you know when we will provide the products to you. We aim to ship your items within 2-5 days from receipt of order. Estimated delivery times are between 1 and 2 days from date of dispatch for UK customers, and between 5 and 7 days for all international customers. Delivery times are estimates only. You will receive an ‘item(s) dispatched’ email with your tracking information as soon as your order has been collected from us.
3.3 If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to cancel the contract and receive a refund for any products you have paid for but not received.
3.4 The product(s) will be your responsibility from the time we deliver the product(s) to the address you provided to us.
3.5 Subject to 8 (“Intellectual Property”) below, you own the products once we have received payment in full for them.
3.6 We may have to suspend the supply of a product to deal with technical problems or make minor technical changes.
3.7 We may need certain information from you so that we can supply the products to you. If so, this will have been stated in the description of the products on the website. We will contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we will inform you and either not take payment or, where we have already done so, offer you a full refund to your original method of payment. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
3.8 If you do not pay us for the products when you are supposed to and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. As well as suspending the products we can also charge you interest on your overdue payments.
4. Price and Payment
4.1 The price of the product (which includes VAT but not import duties) will be the price indicated on the order pages of the website when you placed your order. Delivery charges are not included in the product price. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see below as to what happens if we discover an error in the price of the product you order.
4.3 We reserve the right to verify credit or debit card payments prior to acceptance. We may cancel or suspend your order if the payment method cannot be verified, is invalid, or is otherwise not acceptable for whatever reason. You are responsible for resolving any payment problems.
4.4 It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
4.5 If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
4.6 When ordering products from us for delivery to any address outside the UK, you may have to pay import duties and taxes, which are levied once the package reaches the specified destination. You are responsible for paying all customs import duties, taxes and additional charges which may apply to your order, including any applicable currency exchange fees.
5. Personalised Products
5.1 We sell certain products which can be personalised. If you have placed an order for a personalised product, please ensure you carefully review your personalisation information before submitting your order. In particular, please make sure that you check the name, spelling and grammar are correct as these cannot be changed once your order has been submitted.
5.2 We can refuse personalised orders at our discretion. If we decide to refuse a personalised order, your order will be cancelled and fully refunded.
5.3 Please note that our terms and policy regarding cancelling or returning your order (see 6 below (“Cancelling your Order and Returning Products”) does not apply to personalised products unless there is a manufacturing error or product defect.
6. Cancelling your Order and Returning Products
6.1 Subject to 5 above (see “Personalised Products”) and 6.7 below, You have the legal right to change your mind about your order, without giving any reason, within 14 days of receiving your order. You have 14 days after the day you receive the order to tell us.
6.2 To exercise your right to cancel, you must clearly communicate to us your decision to cancel (e.g. a letter sent by post or e-mail). You may want to, but do not have to, use the model cancellation form set out at the end of these terms.
6.3 If you have received your order, you should send back the products you wish to return to our customer services team within 14 days from the day on which we were informed of your decision to cancel (excluding personalised products, see 6.7 below). It will help us to process your return if you use the customer services label on the front of the delivery note and include in your package the delivery note with the returns information completed. You will have to cover the cost of returning the product. We will refund you the price paid for the product plus the costs of the original delivery (except where you only return some products in an order, in which case the original delivery costs will not be refunded) on receipt of the returned product, or within 14 days of receiving from you proof of returning the product, using the same means of payment as you used for the initial transaction.
6.4 Subject to 5 above (see “Personalised Products”) and 6.7 below, you may also return products beyond 14 days of receiving the product, up to 30 days, subject to the following conditions. For such returns, we will not refund the original delivery costs, and you will be responsible for the return delivery costs. You must pack up the product(s) securely and, using the customer services label on the front of the delivery note, send back to our customer services team, including the delivery note with the returns information completed.
6.5 In order to ensure the safe return of product(s) we recommend that you obtain evidence of postage from the post office and retain this evidence of postage until you have received your refund.
6.6 All refunds will be made via the original payment method.
6.7 Please note that we cannot accept returns of certain products, such as products stated on the website to be non-returnable or products which have been personalised.
6.8 We reserve the right to refuse to refund or exchange products that are returned to us that are not in a resalable condition.
6.9 You may return to us any product (including personalised products or products otherwise excluded from the cancellation/return rights above) that is damaged, or defective when it is delivered to you, or where we have delivered a product to you in error. You must indicate on the delivery form or on the invoice the reason for returning the product. Once we have confirmed that a product is damaged or defective when delivered, or was delivered in error, we will refund you the price paid for the product, plus your original delivery costs (except where you are returning only some products from an order) and the cost of returning the product to us.
7. Our Liability
7.1 Nothing in these terms shall limit or exclude our liability for:
- (a) death or personal injury caused by our negligence;
- (b) fraud or fraudulent misrepresentation; or
- (c) any matter in respect of which it would be unlawful for us to exclude or restrict liability.
7.2 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both you and we knew it might happen.
7.3 We only supply products for domestic and private use. You agree not to use products for any commercial, business or re-sale purposes without our prior written consent. We have no liability to you for any loss of profit, loss of revenue, loss of business, loss of contract, business interruption, or loss of business opportunity.
8. Intellectual Property
8.1 We do not give you any right or interest in any copyright, trade mark, design right or any other intellectual property rights in any product nor the right to copy them.
8.2 We do not give any warranty or representation in respect of the trade marks or trade names of any of the products or brands featured on the website.
9. Other Key Terms
9.2 We may transfer our rights and obligations under these terms to another organisation but this will not affect any standard of service you receive under these terms.
9.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
9.4 If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking your contract with us, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date. We reserve our rights and remedies in any situation where you breach these terms.
9.5 Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining sections will remain in full force and effect.
9.6 These terms may be updated anytime, so you should examine them as often as possible. For material changes to these terms, we will inform you by email or will make it clearly visible on this website to bring attention to the changes. If changes to these terms of sale are declared by a court of competent jurisdiction to be invalid or ineffective, the original terms you accepted will remain in full effect.
9.7 These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland. This choice of law does not affect any mandatory rights you may have under your domestic law.
9.8 Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. You can find out about the European Commission’s Online Dispute Resolution (ODR) platform here: http://ec.europa.eu/consumers/odr. Currently, we do not use alternative dispute resolution, including through the ODR platform, as a means of settling consumer complaints.
Model Cancellation Form
(Complete and return this form only if you wish to withdraw from the contract)
To Star Editions Limited, Stanley House, Masterlord Village, West Road, Ipswich, Suffolk, IP3 9SX, UK
I hereby give notice that I cancel my contract of sale of the following goods [*]
Ordered on [*]/received on [*],
Name of customer:
Address of customer:
Signature of customer (only if this form is notified on paper),
[*] Delete as appropriate