Format of the Contract
These terms of sale apply to all goods supplied by Collette Star, No contract exists between you and the Supplier
for the sale of any goods until the Supplier has received and accepted your order and the Supplier has received payment in
full (in cleared funds). Once the Supplier does so, there is a binding legal contract between us.
By way of clarification,
an acknowledgement of your order will be sent to you via e-mail when you place your order, but acceptance of your offer to
buy the goods will not take place until after your payment is taken and you receive your acceptance e-mail. It is at this
point that a binding legal contract is created and any contract is subject to these Terms and Conditions. The contract
is subject to your right of cancellation (see below). The Supplier may change these terms of sale without notice to
you in relation to future sales. Description and price of the goods
The description and price of the goods you order will be as shown on the Supplier's website at the time you place your
order. The goods are subject to availability. If on receipt of your order the goods you have ordered are not available
in stock, the Supplier will inform you as soon as possible and refund or re-credit you for any sum that has been paid by you
or debited from your credit card for the goods. Every effort is made to ensure that prices shown on the Supplier's
website are accurate at the time you place your order. If an error is found, the Supplier will inform you as soon as possible
and offer you the option of reconfirming your order at the correct price, or cancelling your order. If the Supplier does not
receive an order confirmation within 14 days of informing you of the error, the order will be cancelled automatically. If
you cancel the order, or if the order is cancelled automatically due to the expiry of the 14 day period, the Supplier will
refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods. In addition
to the price, you may be required to pay a delivery charge for the goods.
Payment for the goods and delivery charges can be made by any method shown on the Supplier's
website at the time you place your order. Payment shall be due before the delivery date and time for payment shall be a fundamental
term of this agreement, breach of which shall entitle the Supplier to terminate the contract immediately. There will
be no delivery until cleared funds are received.
Payments shall be made by you without any deduction whatsoever
unless you have a valid court order requiring an amount equal to such deduction to be paid by the Supplier to you. Delivery The goods you order will be delivered to the address you give when you place your
order, except that some deliveries are not made outside the United Kingdom. Orders placed before 3.00 pm on a working
day will be processed that day and will be delivered as per the requested delivery option provided no additional security
checks are required and all stock items are available. (A working day is any day other than weekends and bank or other public
holidays.) If delivery cannot be made to your address for reasons under the Supplier's control the Supplier will
inform you as soon as possible. If you deliberately fail to take delivery of the goods (otherwise than by reason of circumstances
under control of the Supplier) then without prejudice to any other right or remedy available to the Supplier , the Supplier
may: store the goods until actual delivery and charge you for reasonable costs (including insurance) of storage; or
sell the goods at the best readily obtainable price and (after deducting all reasonable storage and selling expenses) account
to you for any excess over the price you agreed to pay for the goods or charge you for any shortfall below the price you agreed
to pay for the goods. If you fail to take delivery because you have cancelled your contract under the Distance Selling
Regulations the Supplier shall refund or re-credit you within 30 days for any sum that has been paid by you or debited from
your credit card for the goods. On exercising your right to cancel you shall be required to return the goods to the Supplier.
Should you fail to return the goods, the Supplier reserves the right to deduct any direct costs incurred by the Supplier in
retrieving the goods as a result of such failure. Every effort will be made to deliver the goods as soon as possible
after your order has been accepted. However, the Supplier will not be liable for any loss or damage suffered by you through
reasonable or unavoidable delay in delivery. In this case, the Supplier will inform you as soon as possible. Upon receipt
of your order you will be asked to sign for the goods received in good condition. If the package does not appear to be in
good condition then please refuse the delivery. If you are unable to check the contents of your delivery at the point of delivery
then please sign for the parcel as 'UNCHECKED'. Failure to do so may affect any warranty claims that you make thereafter.
The goods are at your risk
from the time of delivery. Ownership of the goods shall not pass to you until the Supplier has received in full (in
cash or cleared funds) all sums due to it in respect of:
the goods, and all other sums which are or which become
due to the Supplier from you on any account. The Supplier shall be entitled to recover payment for the goods even though
ownership of any of the goods has not passed from the Supplier. Title
for Business Customers If you are a business customer until ownership of the goods has passed to you, you must: store
the goods (at no cost to the Supplier) separately from all your other goods and goods of any third party in such a way that
they remain readily identifiable as the Supplier's property; not destroy, deface or obscure any identifying mark
or packaging on or relating to the goods; maintain the goods in satisfactory condition and keep them insured on the Supplier's
behalf for their full price against all risks to the reasonable satisfaction of the Supplier. On request you shall produce
the policy of insurance to the Supplier; and
hold the proceeds of the insurance referred to in condition 6.1.2
on trust for the Supplier and not mix them with any other money, nor pay the proceeds into an overdrawn bank account.
If you are a business customer your right to possession of the goods shall terminate immediately if: you have a
bankruptcy order made against you or make an arrangement or composition with your creditors, or otherwise take the benefit
of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convene
a meeting of creditors (whether formal or informal), or enter into liquidation (whether voluntary or compulsory) except a
solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or have a receiver and/or manager, administrator
or administrative receiver appointed of its undertaking or any part thereof, or a resolution is passed or a petition presented
to any court for your winding up or for the grant-ing of an administration order in respect of you, or any proceedings are
commenced relating to your insolvency or possible insolvency; or you suffer or allow any execution, whether legal or
equitable, to be levied on your property or obtained against you or you are unable to pay your debts within the meaning of
section 123 of the Insolvency Act 1986 or you cease to trade; or you encumber or in any way charge any of the goods.
Your right of cancellation
You have the right to cancel the
contract at any time up to the end of 7 working days after you receive the goods (see below). To exercise your right of cancellation,
you must give written notice to the Supplier by hand or post, giving details of the goods ordered and (where appropriate)
their delivery. Notification by phone is not sufficient. Except in the case of faulty or described goods, if you exercise
your right of cancellation after the goods have been delivered to you, you will be responsible for returning the goods to
the Supplier at your own cost. The goods must be returned to the address shown within the Returns on Line section of the website.
You must take reasonable care to ensure the goods are not damaged in the meantime or in transit. In the case of faulty or
misdescribed goods we shall, after receiving notification in accordance with clause 8.3 or 8.4, either collect the goods from
you or ask you to return the goods yourself and possibly refund you the reasonable postage costs.
Once you have
notified the Supplier that you are cancelling the contract, the Supplier will refund or re-credit you within 30 days for any
sum that has been paid by you or debited from your credit card for the goods. Except in the case of faulty or misdescribed
goods, if you do not return the goods as required, the Supplier may charge you a sum not exceeding the direct costs of recovering
You do not have the right to cancel the contract if the order is for computer software which has been
unsealed by you, or for consumable goods which, by their nature, cannot be returned, save where a fault is discovered which
could not have been discovered otherwise than by unsealing the goods.
All goods supplied by the Supplier are warranted free from defects for 12 months from
the date of supply (unless otherwise stated). This warranty does not affect your statutory rights as a consumer.
warranty does not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by
you or any third party, use otherwise than as recommended by the Supplier, failure to follow the Supplier's instructions,
or any alteration or repair carried out without the Supplier's approval. If the goods supplied to you are damaged
on delivery, you should notify the Supplier in writing via the e-mail section of the website within 14 days. If
the goods supplied to you develop a defect while under warranty or you have any other complaint about the goods, you should
notify the Supplier in writing via the enotes section of the website, as soon as possible, but in any event within 14 days
of the date you discovered or ought to have discovered the damage, defect or complaint. Limitation
of Liability Subject to 9.2 below, if you are a consumer the Supplier shall not be liable to you for any loss or damage
in circumstances where: there is no breach of a legal duty owed to you by the Supplier or by its employees or agents;
such loss or damage is not a reasonably foreseeable result of any such breach; any increase in loss or damage resulting from
breach by you of any term of this contract. Nothing in these conditions excludes or limits the liability of the Supplier
for death or personal injury caused by the Supplier's negligence or fraudulent misrepresentation. If you are
a business customer the Supplier shall not be liable to you for any indirect or consequential loss or damage (whether for
loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation
whatsoever (howsoever caused) which arise out of or in connection with this agreement.
The Supplier will take all reasonable precautions to keep the details of your order
and payment secure but unless the Supplier is negligent, the Supplier will not be liable for unauthorised access to information
supplied by you.
are for illustrative purposes only and may differ from the actual product.
terms of sale and the supply of the goods will be subject to English law and the English courts will have jurisdiction in
respect of any dispute arising from the contract, save that consumers resident in Scotland shall have the right to insist
upon these terms being construed in accordance with the laws of Scotland and to submit to the jurisdiction of Scottish courts.