Sales Agreement
Terms and Conditions of Sale of StarReads.Org
1 DEFINITIONS
1.1 "Buyer" means the individual or organisation who buys or
agrees to buy the Goods from the Seller;
1.2 "Consumer" shall have the meaning ascribed in section 12
of the Unfair Contract Terms Act 1977;
1.3 "Contract" means the contract between the Seller and the
Buyer for the sale and purchase of Goods incorporating these Terms and
Conditions;
1.4 "Goods" means the articles that the Buyer agrees to buy
from the Seller;
1.5 "Seller" means StarReads.Org of 27 Old Gloucester Street,London WC1N 3XX
1.6 "Terms and Conditions" means the terms and conditions of
sale set out in this document and any special terms and conditions agreed
in writing by the Seller.
2 CONDITIONS
2.1 Nothing in these Terms and Conditions shall affect the Buyer’s
statutory rights as a consumer.
2.2 These Terms and Conditions shall apply to all contracts for the sale
of Goods by the Seller to the Buyer and shall prevail over any other documentation
or communication from the Buyer.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence
of the Buyer’s acceptance of these Terms and Conditions.
2.4 Any variation to these Terms and Conditions (including any special
terms and conditions agreed between the parties) shall be inapplicable
unless agreed in writing by the Seller.
3 ORDERING
3.1 All orders for Goods shall be deemed to be an offer by the Buyer to
purchase Goods pursuant to these Terms and Conditions and are subject to
acceptance by the Seller. The Seller may choose not to accept an order
for any reason.
3.2 Where the Goods ordered by the Buyer are not available from stock
the Buyer shall be notified and given the option to either wait until the
Goods are available from stock or cancel the order and receive a full refund.
3.3 When making an order through the Website, the technical steps the
Buyer needs to take to complete the order process are described in the
Order Process section within the website.
4 PRICE AND PAYMENT
4.1 The Price of the Goods shall be that stipulated on the Seller’s
Website. The Price is inclusive of VAT. The Price excludes delivery charges.
4.2 The total purchase price, including VAT and delivery charges will
be displayed in the Buyer’s shopping basket prior to confirming the
order.
4.3 After the order is received the Seller shall confirm by email the
details, description and price for the Goods. If these differ from the
details, description and/or price shown on the Website the Buyer shall
be entitled to cancel the order.
4.4 Payment of the Price plus VAT and delivery charges must be made in
full before dispatch of the Goods.
4.5 We accept Visa, MasterCard, Switch, American Express, JCB, Diners,
Laser, and Electron. We will require payment before we can despatch your
order.
5 RIGHTS OF SELLER
5.1 The Seller reserves the right to adjust the price and specification
of any item on the Website at its discretion.
5.2 The Seller reserves the right to withdraw any goods from the Website
at any time.
5.3 The Seller shall not be liable to anyone for withdrawing any Goods
from the Website or for refusing to process an order.
6 AGE OF CONSENT
6.1 Where Goods may only be purchased by persons of a certain age the
Buyer will be asked when placing an order to declare that they are of the
appropriate legal age to purchase the Goods.
6.2 If the Seller discovers that the Buyer is not legally entitled to
order certain Goods, the Seller shall be entitled to cancel the order immediately,
without notice.
7 WARRANTY
The Seller warrants that the Goods will at the time of dispatch correspond
to the description given by the Seller. Except where the Buyer is dealing
as a Consumer, all other warranties, conditions, or terms relating to fitness
for purpose, merchantability or condition of the Goods, whether implied
by Statute, common law or otherwise are excluded, and the Buyer is satisfied
as to the suitability of the Goods for the Buyer’s purpose.
8 DELIVERY
8.1 Delivery is in the United Kingdom & EU only at present and can only be
delivered to the buyers delivery address identified from the registration
page.
8.2 Where a specific delivery date has been agreed, and where this delivery
date cannot be met, the Buyer will be notified and given the opportunity
to agree a new delivery date or receive a full refund.
8.3 The Seller shall use its reasonable endeavours to meet any date agreed
for delivery. In any event time of delivery shall not be of the essence
and the Seller shall not be liable for any losses, costs, damages or expenses
incurred by the Buyer or any third party arising directly or indirectly
out of any failure to meet any estimated delivery date.
8.4 Delivery of the Goods shall be made to the Buyer’s address specified
in the order and the Buyer shall make all arrangements necessary to take
delivery of the Goods whenever they are tendered for delivery.
8.5 Title and risk in the Goods shall pass to the Buyer upon delivery
of the Goods.
9 CANCELLATION AND RETURNS
9.1 The Buyer shall inspect the Goods immediately upon receipt and shall
notify the Seller within 30 days of delivery if the Goods are damaged or
do not comply with any of the Contract. If the Buyer fails to do so the
Buyer shall be deemed to have accepted the Goods.
9.2 Where a claim of defect or damage is made the Goods shall be returned
by the Buyer to the Seller. The Buyer shall be entitled to a full refund
(including delivery costs) plus any return postal charges if the Goods
are in fact defective.
9.3 If you are a consumer you have the right, in addition to your other
rights, to cancel the Contract and receive a refund by informing us in
writing or by email within 7 working days of receipt of the Goods. Goods
must be returned at your cost and should be adequately insured during the
return journey. You will receive a refund of all monies paid for the Goods
(including delivery charges) except for return postal charges within 30
days of cancellation.
9.4 Goods to be returned must clearly show the order number obtained from
the Seller on the package.
9.5 Where returned Goods are found to be damaged due to the Buyer’s
fault the Buyer will be liable for the cost of remedying such damage.
10 LIMITATION OF LIABILITY
10.1 Except as may be implied by law where the Buyer is dealing as a Consumer,
in the event of any breach of these Terms and Conditions by the Seller
the remedies of the Buyer shall be limited to damages which shall in no
circumstances exceed the Price of the Goods and the Seller shall under
no circumstances be liable for any indirect, incidental or consequential
loss or damage whatever.
10.2 Nothing in these Terms and Conditions shall exclude or limit the
liability of the Seller for death or personal injury resulting from the
negligence of the Seller or that of the Seller’s agents or employees.
11 WAIVER
No waiver by the Seller (whether express or implied) in enforcing any
of its rights under this contract shall prejudice its rights to do so in
the future.
12 FORCE MAJEURE
The Seller shall not be liable for any delay or failure to perform any
of its obligations if the delay or failure results from events or circumstances
outside its reasonable control, including but not limited to acts of God,
strikes, lock outs, accidents, war, fire, breakdown of plant or machinery
or shortage or unavailability of raw materials from a natural source of
supply, and the Seller shall be entitled to a reasonable extension of its
obligations.
13 SEVERANCE
If any term or provision of these Terms and Conditions is held invalid,
illegal or unenforceable for any reason by any court of competent jurisdiction
such provision shall be severed and the remainder of the provisions hereof
shall continue in full force and effect as if these Terms and Conditions
had been agreed with the invalid illegal or unenforceable provision eliminated.
14 CHANGES TO TERMS AND CONDITIONS
The Seller shall be entitled to change these Terms and Conditions at
any time.
15 GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance
with the law of England and the parties hereby submit to the exclusive
jurisdiction of the English courts.
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