TERMS & CONDITIONS

Please read these terms and conditions carefully before ordering from our website. By ordering any products from our website, you are agreeing to our terms and conditions and will be legally bound to these.

When ordering from us, please ensure you tick the box marked 'I accept' (regarding our terms and conditions). If you refuse to accept, you will unfortunately be unable to order from us.

Your obligations to us

By ordering from our website, you are stating that you are legally able to enter binding contracts, and that you are at least 18 years old.

How the contract is formed

You will receive an e-mail from us after you have placed an order - this is simply to acknowledge that we have received your order. Please note that all orders are subject to acceptance by us. The contract will only be formed between us when we issue an e-mail informing you that your goods have been dispatched (the Dispatch Confirmation).

Links

We may provide links to other websites/companies that may or may not be affiliated with us. Should you choose to purchase goods from any of these websites, we cannot guarantee they will be of satisfactory quality, and such warranties are disclaimed by us. This disclaimer does not affect your statutory rights against the third party seller.

Consumer rights

You may cancel a contract with us at anytime within seven working days, beginning on the day after you receive your goods. In this case, you will then receive a full refund of the price paid for the products – please see our refunds policy for additional details. Please note this does not apply to items in the sale. As per our returns policy, all sale items are non-refundable, unless they are faulty. Please e-mail us should you have any queries regarding this. 

In order to cancel a contract, you must inform us in writing. The goods must then be returned in exactly the same condition as you received them – at your own cost.

Availability and delivery

Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances.

Risk and title

You will be responsible for the products from the time they are delivered to you. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of your order, including delivery charges.

All prices of goods on our website include VAT but exclude delivery costs, which will be added to the total amount before you checkout. The cost of sending the goods will depend on where you are based. Prices are liable to change at any time, but changes will not affect orders after you have received your dispatch confirmation e-mail. Despite our best efforts, it is possible that products listed on our site may be incorrectly priced, and goods are subject to availability. We will normally verify the cost of goods as part of our dispatch procedures so that, where a correct price is less than our stated price, we will charge the lower amount when dispatching the goods to you. If a product's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the product, or reject your order and notify you of such rejection.

We are under no obligation to provide the goods to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious.

Payment for goods must be via credit or debit card, or via Paypal. We accept payment by the following cards: Visa Credit Card, Visa Delta Debit Card, Visa Electron, Mastercard Debit / Credit / Pre Pay, Maestro Debit Card, Solo Card.

Our refunds policy

When you return a product to us because you have cancelled the contract between us within the seven-day cooling-off period, we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the goods in full, excluding the cost of sending the item to you. You will be responsible for the cost of returning the item to us immediately. Your refund will be processed once we have received your order back in our offices.

For any other reason(s), we will examine the returned goods and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund. We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

Please be aware, if you are sending something back to us because we have made an error or the goods are faulty we will ask for a copy of your postage receipt in order to give you the money back - this should be emailed or sent to us.

Our liability

We warrant to you that any product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.

Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the product you purchased [and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us].

This does not include or limit in any way our liability:

  • For death or personal injury caused by our negligence
  • Under section 2(3) of the Consumer Protection Act 1987
  • For fraud or fraudulent misrepresentation
  • For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

We are not responsible for indirect losses which happen as a side effect of the main loss or damage [and which are not foreseeable by you and us], including but not limited to:

  • loss of income or revenue
  • loss of business
  • loss of profits or contracts
  • loss of anticipated savings
  • loss of data
  • waste of management or office time however arising and whether caused by tort (including negligence)
  • breach of contract or otherwise [,even if foreseeable]

provided that this clause 11.4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 11.1 or clause 11.2 or any other claims for direct financial loss that are not excluded by any of categories (a) to (g) inclusive of this clause 11.4.

Colours

We have done our best to display as accurately as possible the colours of the products shown on our web site. However, because the colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will be accurate.

Import duties and taxes

If you order goods from our site for delivery outside of the UK, they may be subject to import duties and/or taxes which are decided when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes; we do not have any control over these charges. If you are concerned about import fees and taxes, please contact your local customs office for further information before placing your order. Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.

Written communications

Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic (e-mail). For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

Notices

All notices given by you to us must be given to Starmark Brands, 6th Floor Portland House, 4 Great Portland Street, London W1W 8QJ. We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed, received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

Transfer of rights and obligations

You may not transfer, assign, charge or otherwise dispose of a contract, or any of your rights or obligations arising under it, without our prior written consent.

However, we may transfer, assign, charge, subcontract or otherwise dispose of a contract, or any of our rights or obligations arising under it, at any time during the term of the contract.

Events outside of our control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control (Force Majeure Event).

A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

  • Strikes, lock-outs or other industrial action
  • Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war
  • Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster
  • Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport
  • The acts, decrees, legislation, regulations or restrictions of any government

Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable means to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

Waiver

If we fail, at any time during the term of a contract, to insist upon strict performance of any of your obligations under the contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14 above.

Severability

If any of these terms and conditions or any provisions of a contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

Entire agreement

These terms and conditions and any document referred to in them represent the entire agreement between us in relation to the subject matter of any contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

We each acknowledge that, in entering into a contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such contract except as expressly stated in these terms and conditions.

We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.

Our right to vary our terms and conditions

We have the right to revise and amend these terms and conditions from time to time to reflect the following: changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities. You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).

Law and jurisdiction

Contracts for the purchase of products through our website and any dispute or claim arising out of or in connection with them or their subject matter or formation (including noncontractual disputes or claims) are governed by English law. Any dispute or claim arising out of or in connection with such contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.

For any queries regarding the above, please email info@shellys.com or post your query to:

SHELLYS
Starmark Brands,
6th Floor,
Portland House,
4 Great Portland Street,
London,
W1W 8QJ