Terms & Conditions of Purchase of Goods or Services from Starfruits online

All orders for goods ("Goods") and on-line or offline pay-services ("Services") (together "Products") from a buyer ("you") accepted by Starfruits online ("we/us") on or through the Starfruitsonline.co.uk and/or Starfruitsonline.co.uk ("Site") or by other methods are subject exclusively and strictly to the following terms and conditions ("Purchase Terms") (which, in the event of a conflict, take priority over the terms and conditions of use of the Site).

Price and Delivery of Products

The price of the Products shall be the price quoted on the Site (which we can change in the case of an error). Payment details must be provided by you on the date that we accept your order.

In respect of Goods only: the delivery of Goods shall be subject to payment by you of the delivery charges specified on the Site which may be changed by us at our discretion.

You confirm that you have given us the correct billing address of your Paypal/credit/debit or other card and, in respect of Goods and if different to the billing address, that you have also notified us of the correct delivery address.  If these are then found to be incorrect, we cannot be held liable for the loss of goods and replacements or refunds will not be forthcoming.

Payment

Payment can be made by the methods shown at the checkout stage of your order. Payment will be debited from your account before the despatch of your purchase. You confirm that the credit/debit card or bank/Paypal account that is being used is yours.  We take fraud very seriously and all anomalies will be reported to the police.

We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Site.

Risk & Property

The provisions in this Clause 3 relate only to Goods.

Once the Goods have been received by you, all risk of damage to, or loss of, the Goods shall pass to you.  Any damages, breakages or missing items must be reported to us either by email or by telephone call within 6 hours.

Irrespective of delivery and the passing of risk in the Goods, or any other provision of these conditions, the ownership of the Goods shall not pass to you until we have received in cash or cleared funds payment in full for the price of the Goods and all other Goods agreed to be sold by us to you for which payment is then due. Until such time as the ownership of the Goods passes to you, we shall be entitled to ask you to return the Goods to us.

Warranties & Replacements

The following relate only to Goods:

Subject as set out below, the Goods are sold with the benefit of and subject to the terms applicable to such warranty as is given by the manufacturer/supplier of the Goods.

There shall be no liability under any such warranty or guarantee if the total price for the Goods has not been paid by the due date for payment.

If a valid warranty claim is made within 7 days of purchase of new Goods we will satisfy in full our liability to you by either replacing the Goods free of charge; or refunding to you the price you paid for the Goods if the exact same item is not in stock.

Where you are dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977 and Unfair Terms in Consumer Contracts Regulations) your statutory rights are not affected by these Purchase Terms. For example; if the Goods are faulty or not what you ordered, in this case please provide a full description of the fault and return the defective item in its original box (if any), and return to Starfruits.

Exchange/Refund

The provisions in this Clause 5 relate only to Goods:

If you return Goods to us within 24hrs from the purchase date of such Goods in perfect condition and, with the original packaging and a copy of the order sent to you by email, then a full refund for the item will be given. The refund will be in the form of the original method of payment. However, you will be responsible for the cost of returning the Goods to us.  Please send the Goods to the address on our Contacts page.

Please note that where you are returning goods because of an error on our part or that it is defective:

We are fully compliant with the Consumer Protection (Distance Selling) Act, which provides for a 'cooling off' period after an order is placed, during which time goods may be cancelled or returned (as long as they are unused and in their original packaging).

Liability

Nothing in these Purchase Terms shall exclude or limit liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.

Our liability in contract, tort, negligence, pre-contract or other representations or otherwise arising out of or in connection with these Purchase Terms or the performance or observance of our obligations under these Purchase Terms, and every applicable part of it shall be limited in aggregate to all sums paid by you to us.

In any event, we shall not be liable to you under, or in connection with these Purchase Terms in contract, tort, negligence, pre-contract or other representations (other than fraudulent or negligent representations) or otherwise for any loss of business, contracts, profits or anticipated savings or for any indirect or consequential economic loss whatsoever.

Each provision of this Clause 6 excluding or limiting liability shall be construed separately, applying and surviving even if for any reason one or other of these provisions is held inapplicable or unenforceable in any circumstances and shall remain in force notwithstanding the expiry or termination of our agreement.

Data Protection

Our Privacy Notice applies.

Modification of these Terms & Conditions

We reserve the right to change these terms and conditions from time to time. By continuing to use the Site following any such change you will be deemed to have accepted such change. It is your responsibility to check regularly to determine whether these terms and conditions have been changed. If you do not agree to any such change you must immediately stop using the Site.

General

These terms and conditions are governed by the laws of England and you hereby consent to the exclusive jurisdiction of the English courts.

Each provision of these terms and conditions excluding or limiting liability shall be construed separately, applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.

No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.