1.1 "Buyer" means the individual or organisation who buys or agrees to buy the Goods and/or Services from the Supplier;
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 Supplier and the Buyer for the sale and purchase of Goods and/or Services incorporating these Terms and Conditions;
1.4 "Goods" means the articles that the Buyer agrees to buy from the Supplier;
1.5 "Services" means the services that the Buyer agrees to buy from the Supplier;
1.6 "Supplier" means Websweep Limited, registered at Unit 7, Swan Court Forder Way, Hampton, Peterborough, Cambridgeshire, PE7 8GX, UK that owns and operates www.starstills.com. Addresses for correspondence: by letter to Starstills.com C/O Websweep Limited, Unit 76, Culley Court, Orton Southgate, Peterborough, PE2 6WA, UK.
1.7 "Terms and Conditions" means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Supplier;
1.8 "Website" means www.starstills.com;
1.9 “Working Day” means any day (other than Saturday, Sunday or public holiday) on which legal business can be conducted.
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 and/or Services by the Supplier 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 Supplier.
2.5 Any complaints should be addressed to the Supplier's address stated in clause 1.6.
3.1 All orders for Goods and/or Services shall be deemed to be an offer by the Buyer to purchase Goods and/or Services pursuant to these Terms and Conditions and are subject to acceptance by the Supplier. The Supplier may choose not to accept an order for any reason.
3.2 Where Goods are not available from stock the Website gives guidance on the expected period leading to dispatch to the Buyer. Placement of an order is deemed to confirm the Buyer’s acceptance of the expected period leading to dispatch.
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 How to Order section within the Website.
4 PRICE AND PAYMENT
4.1 Subject to the provisions of Condition 6.1 below, the price of the Goods and/or Services shall be that stipulated on the Website. The price is inclusive of VAT. Where applicable, delivery charges are detailed in the Delivery section of the Website and are calculated for each order during the check-out process.
4.2 The total purchase price, including VAT and delivery charges, if any, will be displayed in the Buyer’s shopping cart prior to confirming the order.
4.3 After the order is received the Supplier shall confirm by email the details, description and price for the Goods and/or Services together with information on the right to cancel if the Buyer is a Consumer.
4.4 Payment of the price plus VAT and delivery charges, if applicable, must be made in full before dispatch of Goods or commencement of the Services. In addition customers based outside of the European Union are responsible for any import taxes and associated administration fees applied by the carrier.
4.5 Where applicable, if any payment is not paid on time or any payment is rejected or refused, the amount owing will be treated as overdue and the Supplier will be entitled immediately to cease or suspend the provision of any Service or further deliveries of Goods until payment has been received.
5 PERFORMANCE OF SERVICES
5.1 For the avoidance of doubt, the following activities by or on behalf of the Supplier shall be regarded as Services under this Contract: the printing and enlargement of photographic images (other than the supply of printed photographs from stock), the framing of photographs and the stretching and/or framing of photographic canvases.
5.2 The Supplier shall begin to perform or procure the Services within 2 Working Days.
5.3 The Supplier shall perform the Services with reasonable skill and care. The Services may have to be suspended for repair, maintenance or improvement of equipment or facilities. If so, they will be restored as quickly as is reasonably possible.
6 RIGHTS OF SUPPLIER
6.1 The Supplier reserves the right to update prices on the Website periodically. Prices cannot be guaranteed for any period of time. The Supplier shall make all reasonable efforts to ensure prices are correct at the point at which the Buyer places an order. Notwithstanding the foregoing, should the price displayed for any Goods or Services be genuinely and demonstrably erroneous for any reason, the Supplier shall not be obliged to supply the Goods or Services at the erroneous price displayed, but the Supplier shall promptly contact the Buyer to explain the error and either offer a full refund or agree mutually acceptable alternative sale terms.
6.2 The Supplier reserves the right to withdraw any Goods and/or Services from the Website at any time.
6.3 The Supplier shall not be liable to anyone for withdrawing any Goods and/or Services from the Website or for refusing to process an order.
7 AGE OF CONSENT
7.1 Where Goods and/or Services may only be purchased by persons above a certain age the Buyer will be asked to declare that they are of the appropriate legal age when placing an order to purchase such Goods and/or Services.
7.2 If the Supplier discovers that the Buyer is not legally entitled to order certain Goods and/or Services, the Supplier shall be entitled to cancel the order immediately, without notice.
8.1 Goods supplied from stock for delivery within the UK will normally be delivered within 5 Working Days of acceptance of order. Goods supplied from stock for delivery outside the UK will normally be delivered within 10 Working Days of acceptance of order.
8.2 Where an unstocked item is ordered the expected period to delivery is set out in the Delivery section of the Website.
8.3 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.
8.4 The Supplier 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 Supplier 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.
8.5 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.
8.6 Risk in the Goods shall pass to the Buyer upon delivery of the Goods, or where the Buyer fails to take delivery at the agreed time, at the time delivery was attempted.
8.7 Title in the Goods shall not pass to the Buyer until payment of the price has been made in full.
9 CANCELLATION AND RETURN (ORDERS PLACED AND DELIVERED WITHIN THE EU)
9.1 If the Buyer is a Consumer, the present Terms & Conditions do not affect the Buyer’s cancellation rights under The Consumer Protection (Distance Selling) Regulations 2000. The Buyer may cancel any order for Goods for any reason at any time before seven Working Days have elapsed from the day after the Goods have been received by the Buyer. The Buyer may cancel the Contract for any Service at any time before seven Working Days has passed from the day after the Contract was made or before three Working Days have elapsed after the date of receipt of the Service-generated items, whichever is later. In each case, notice of cancellation shall be acceptable by letter or email (see Section 1.6) and any payments due to the Buyer shall be refunded in full within 28 days, subject to our returns policy. Unless otherwise agreed in writing by the Seller, the Buyer is requested to return the Goods adequately packaged to the Supplier at the Buyer’s expense promptly after cancellation.
9.2 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Supplier by letter or via email (see Section 1.6 above) within 7 Working Days of delivery if the Goods are damaged or defective 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.
9.3 Where a claim of defect or damage is made the Goods shall be returned by the Buyer within 28 days of delivery. The Buyer shall be entitled to a replacement or a full refund (including delivery costs) plus any return postal charges if the Goods are in fact defective.
9.4 Goods to be returned must clearly show the order number obtained from the Supplier on the package.
9.5 Where returned Goods are found to be damaged due to the fault of the Buyer the Buyer will be liable for the cost of remedying such damage.
9.6 Non-EU customers please contact us as soon as possible if you wish to cancel an order or return goods. Returns will be accepted at our absolute discretion.
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 Supplier the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Goods and/or Services and the Supplier 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 Supplier for death or personal injury resulting from the negligence of the Supplier or that of the Supplier’s agents or employees.
No waiver by the Supplier (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 Supplier 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, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Supplier shall be entitled to a reasonable extension of its obligations.
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 Supplier shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
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.