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These are our terms and conditions for this website.
Most of the terms and clauses used here are fairly common, with a few specifics
relating to delivery and and our 100% money back gaurantee.
Although we have tried to keep things
as simple and straight forward as possible terms and
conditions normally form a legal contract between the
buyer and the seller and so a few legal terms and sentances have been used.
If you wish to discuss these terms and conditions or
need any help explaining some of the clauses please contact
us by
clicking here and we will be more than happy to
help.
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| 1. The Contract |
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We must receive payment for
the entire price for the Name a Star gift set that you
order before your order can be accepted. Once payment
has been received we will confirm that your order has
been accepted by sending you an email to the primary email
address you provide when ordering. Our acceptance of your
order brings into existence a legally binding contract
between us, subject to our right to cancel the contract
described in 4.1 below. |
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| 2. Description
of Goods - What we sell |
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2.1 |
We sell the goods described
at the prices listed on our website. |
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2.2 |
We expressly draw your attention
that we do not own any legal or equitable rights in connection
with any of the stars referred to in the Name a star gift
set that we sell. Using information provided by third
parties we assist you in identifying stars in the universe.
The process of assigning personal names to the stars is
a novelty gift item and for identification purposes only
and by ordering your Name a Star gift set from our website
you agree that you do not acquire any legal or equitable
rights in connection with any of the stars referred to
in the Name a Star gift set that you receive. |
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| 3. Price, Payment
and Taxes |
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3.1 |
The prices payable
for the gift set you order are set out in our website
and include all charges including package and posting,
delivery charges, postal costs and payment processing
charges. |
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3.2 |
The price for the
Name a star product set out on our website include any
VAT for deliveries in the European Economic Area but we
are not responsible for any other importation taxes, sales
taxes or charges that maybe levied at the delivery destination.
Our VAT registration number is 833 8786 84. |
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3.3 |
Depending on the
payment method chosen when ordering, payment will be debited
form your account when we receive and accept the order
in our order management system. |
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3.4 |
By placing an order
you confirm that you are authorised to use the bank accounts,
online payment accounts or credit/debit cards. You also
confirm that all the information provided by you is true,
accurate, current and complete in all material respects
and that you will notify us immediately of any changes
to such information. |
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3.5 |
All credit and
debit card holders are subject to validation checks and
authorisation by the card issuer. If the issuer of your
card refuses to authorise payment we will not be liable
for any delay or non delivery and we are not obliged to
inform you of the refusal, we do however, endeavour to
display a 'Transaction Failed' page where possible. |
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3.6 |
We are not responsible
for your card issuer or bank charging you as a result
of our processing of your credit or debit card payment. |
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3.7 |
Credit and debit
card payment are taken by our secure third party, SecureTrading,
all your details are taken over a secure connection and
encrypted using the latest 128 bit encryption technology.
The payment for your Name a Star gift set will display
as 'True Commerce Ltd' on your credit/debit card statement. |
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| 4. Your right
to cancel the contract, return the items ordered and obtain
a refund. |
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4.1 |
Since the Name
a Star gift set you order is produced and personalised
to your specification shortly after acceptance of your
order, your right to cancel the contract or return your
goods is limited to circumstances in which the goods are
faulty, incorrect, damaged in transit or lost in the delivery
network. |
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4.2 |
In the event that
you have not receive the goods within 30 days of confirmation
and payment of your order (or the specified time in you
opt for our priority handling and express delivery) you
can assume one of the following:
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That your gift set has
been misplaced in the delivery network. |
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Your gift set was attempted
for delivery but no one was present to sign, so
a delivery note was left and your gift set is being
held at a local postal depot for collection. |
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The above has taken place
but no collection within the specified time and
the gift set is on route back to our head office. |
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We have attempted contact
via email, post or telephone but are still awaiting
a response to enable us to complete the order. |
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4.3 |
Customer satisfaction
is our number one priority and as such if you are not
100% satisfied with your Name a Star gift for any reason,
then please follow the steps below to return your gift
set and cancel your contract.
| 4.3.1 |
Please email us and inform
us of any problems our concerns you have. In most
circumstances, a replacement gift set or partial
refund is acceptable to satisfy most of our customers
problems. |
| 4.3.2 |
If a cancellation is
the solution then you must arrange for the gift
set to be returned to us by Registered Post, any
other method will not guarantee that the gift set
will reach us and as such your cancellation cannot
be continued. |
| 4.3.3 |
On receipt of your returned
gift set we will contact you to let you know we
have safe receipt and that your payment will be
refunded in full as soon as possible or in any event
within 30 days or return. |
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| 5. Our right
to cancel the contract |
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5.1 |
We reserve the
right to cancel the contract between us if:
| 5.1.1 |
We have insufficient
stock to deliver the gift set you have order. In
most circumstances we will accommodate this situation
by sending the majority of the gift set and the
missing items to follow. |
| 5.1.2 |
The goods
you have ordered are not available. |
| 5.1.3 |
We do not
or cannot deliver to the delivery address you provided;
or |
| 5.1.4 |
One or more of the goods
was listed at an incorrect price due to either a
technical error in our order process or a typographical
error on our website. |
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5.2 |
If we do cancel
your contract we will notify you by email and will re-credit
your account any sum deducted by us as soon as possible
but in any event within 30 days of your order. We will
no be obliged to offer any additional compensation for
disappointment suffered. |
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| 6. Delivery
of goods to you |
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6.1 |
All our Name a Star
gift sets are dispatched and need to be signed for at
the delivery address you specify when ordering. We cannot
be held responsible if this delivery address is incorrect
or the gift set is held or returned to us since no signature
or collection was available. |
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6.2 |
We will make every
reasonable effort to deliver your items within the specified
time periods depending on your delivery method chosen.
If it is not possible we will notify you and, at your
opinion we will rearrange delivery or cancel your order
in which case we will refund you the entire purchase price. |
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6.3 |
At the time of delivery
a valid signature is required as proof of delivery and
acceptance, by an adult over the age of 18. You will then
become the owner of the items you have ordered and Astral
Dreams (True Commerce) will not be liable for their
loss or destruction. |
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| 7. Liability |
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7.1 |
1 If you notify
us of a problem under condition 4 or otherwise, our only
obligation will be, at your opinion:
| 7.1.1 |
To make good
any shortage or non-delivery |
| 7.1.2 |
To replace
or repair any goods that are damaged or defective;
or |
| 7.1.3 |
To refund
to you the amount paid by you for the Name a Star
gift set in question in whatever way we choose. |
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7.2 |
Our liability in
contract, tort, negligence, pre-contract or other representation
or otherwise arising of or in connection with these terms
and conditions shall be limited in aggregate to all sums
paid by you to us. |
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7.3 |
To the fullest extent
permitted by law, Astral Dreams (True Commerce)
is providing this website and its contents on an 'as is'
basis and makes no representations or warranties of any
kind, express or implied in the information, content,
materials or products included in this site including
without limitation, warranties of merchantability and
fitness for purpose. In addition, Astral Dreams (True Commerce)
does not represent or warrant that the information
accessible via this site or any of the goods supplied
is accurate, complete or current. |
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7.4 |
You must observe
and comply with tall applicable regulations and legislation,
including obtaining all necessary customs, import or other
permits to purchase the products from our website. The
importation or exportation of certain of out products
to you may be prohibited by certain national or local
laws. We make no representation and accept no liability
in respect of the export or import of the products you
purchase from us. |
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7.5 |
Nothing in these
terms and conditions affect your statutory rights as a
consumer or limit our liability to you for any death or
personal injury resulting from our negligence or that
of our agents or employees. |
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| 8. Changes to
the Website and terms and conditions |
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8.1 |
We reserve the right
to adjust the price and specification of any item or withdraw
any product from the website at our discretion. |
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8.2 |
We reserve the right
to change these terms and conditions at any time, without
warning. |
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| 9. Notices |
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Unless
otherwise expressly stated in these terms and conditions,
all notices from you to us must be in writing and sent
to our contact address, which can be found by clicking
here and all notices from us to you will be displayed
on our website from time to time. |
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| 10. Events beyond
our control |
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We
shall have no liability to you for any failure to deliver
goods you have ordered or any delay in doings so for any
damage or defects to goods delivered that is caused by
any event or circumstance beyond our reasonable control
including, without limitation, strikes, lock-outs, and
other industrial disputes, breakdown of systems or network
access, flood, fire, explosions or accidents. This includes
our online registry which in all cases we endeavour to
have an uptime of 99% but due to events beyond our control
including, without limitation, hack attempts, hosting
downtime, network problems the online registry may be
down or as a worst case scenario lost for a short period
of time. |
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| 11. Invalidity |
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If
any part of these terms and conditions is unenforceable
(including any provision in which we exclude our liability
to you) the enforceability of any other part of these
conditions will not be affected. |
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| 12. Privacy |
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You
acknowledge and agree to be bound by the terms or our
privacy policy |
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| 13. Third Party
Rights |
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Except
for our affiliates, directors, employees or representatives,
a parson or person who is not a party to this agreement
has no right under the UK contracts (Rights of third parties)
act of 1999 to enforce any terms of this agreement but
this does not affect any right or remedy of a third party
that exists or is available apart from the Act. |
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| 14. Governing
Law |
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The
contract between us shall be governed by and interpreted
in accordance with the English Law and the English courts
shall have jurisdiction to resolve any disputes between
us. |
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| 15 Entire Agreement |
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These
terms and conditions, together with our current website
prices, delivery details, contact details and privacy
policy, set out the whole of our agreement relating to
the supply of products to you by us. Nothing said by any
sales person on our behalf should be understood as a variation
of these terms and conditions or as an authorised representation
about the nature or quality of any goods offered for sale
by us. Save for fraud or fraudulent misrepresentation,
we shall have no liability for any such representation
being untrue or misleading. |
