1.1 What these terms cover. These are the terms and conditions on which we supply goods or services to you when selling at a distance, that is, either online, by telephone, post or email correspondence.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
1.3 Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
- You are an individual.
- You are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
We will set out in these terms any provisions which are specific to either consumers or businesses only.
1.4 If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
2.1 Who we are. We are 5 Star Cases Limited, a company registered in England and Wales. Our company registration number is 02757991and our registered office is at Broadend Industrial Estate, Broadened Road, Wisbech PE14 7BQ. Our registered VAT number is 599 557 754.
2.2 How to contact us. You can contact us by telephoning our customer service team at 01945 427 000 or by writing to us at Broadend Industrial Estate, Broadend Road, Wisbech PE14 7BQ or sales@5star-cases.com
2.3 How we may contact you. If we need to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3.1 How we will accept your order. Our acceptance of your order will take place:
(a) For Online Orders: when we email you to accept it, at which point a contract will come into existence between you and us;
(b) For Telephone, Postal or Email Orders: when we call, write, or email you (as applicable) to accept it, at which point a contract will come into existence between you and us.
3.2 No quotation issued by us shall constitute an offer to sell the products. A quotation provided by us, either verbal or in writing, does not constitute our acceptance to supply these goods or services. The purchaser shall place its order in response to a quotation but we are not bound by your order and do not have an obligation to supply the product/s until we accept your order.
3.3 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.4 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. You may need this order number when contacting us about your order.
4.1 Products may vary slightly from their pictures. The images of the products on our website and in any of our brochures are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours or a picture in our brochure accurately reflects the colour of the products. Your product may vary slightly from those images.
4.2 Product packaging may vary. The packaging of the product may vary from that shown in images on our website or in any of our brochures.
4.3 Making sure your measurements are accurate. If we are making the product to measurements you have given us, you are responsible for ensuring that these measurements are correct.
4.4 Trade discounts may be offered at our discretion. We may offer trade discounts to the purchaser at our sole discretion prior to the point of order. We may repeal this decision at any point prior to our acceptance of an order, at which point we will notify you in writing.
4.5 Our goodwill guarantee. We offer a goodwill Manufacturer’s Guarantee to our UK customers which you can view on our website. This goodwill guarantee applies to both business and consumer customers and, if you are a consumer, does not affect your legal rights in relation to faulty or misdescribed products (see clause 11).
5.1 No cancellations or adjustments to an accepted order can be made without our written consent. If you wish to make a change to the product you have ordered, please contact us. We will let you know in writing if the change is possible. If it is possible, we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary because of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8 - Your rights to end the contract).
6.1 Minor changes to the products. We may change the product to reflect changes in relevant laws and regulatory requirements or to implement minor technical adjustments and improvements. These changes should not affect your use of the product, but we will let you know if any such changes would have an impact. These might include but are not limited to variations in paint coatings and appearance, or changes in material specification (laminate, plywood, foam, fabric and other) which might look visually different but not impact how the product is used or its durability.
6.2 More significant changes to the products.
Any significant changes to any product will be discussed with the customer prior to production. Customers have the right to cancel the order if the proposed changes and reasons for them are not satisfactory.
“Significant” changes might include but are not limited to: Change to the internal and/or external size of the final product, change in materials which are completely different to the originally agreed ones, change in colour and/or style of the final appearance of the product.
7.1 Delivery costs. The costs of delivery will be as displayed to you on our website, quote, told to you over the telephone or in the course of email exchange, or set out in our brochure, as applicable in your case.
7.2 When we will provide the products.
(a) If the products are goods. We will usually aim to deliver the product/s to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order, unless agreed with you otherwise in writing. Special, made to order products which are outsourced and made overseas are exempt from the 30 day delivery period. Your estimated product despatch date will be shown on your Order Acknowledgment or can be advised by contacting our sales team. We will aim to deliver any product/s for orders placed on our website within the timeframe stated in the product description. You will be informed in advance if there are any delays. Delivery terms and conditions can be found on your order acknowledgment email confirmation or are available to view on our website.
(b) If the products are one-off services. We will begin the services on the date agreed with you during the order process. The estimated completion date for the services is as told to you during the order process.
(c) If the products are ongoing services. We will supply the services to you until the services are completed or you end the contract as described in clause 8 or we end the contract due to any breach of the agreement by you.
7.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control, we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received yet. Substantial delay is classed as a delay which is 4 weeks or more after the latest estimated despatch date shown on your order acknowledgment.
7.4 Collection by you. If you have asked to collect the products from our premises, you can collect them from us at any time during our working hours of 09:00 to 17:00 on weekdays (excluding public holidays).
7.5 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will either leave you a note or you will receive an email, text or telephone call informing you of how to rearrange delivery or collect the product from our premises.
7.6 If you do not rearrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not rearrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract.
7.7 Your legal rights if we deliver goods late. You have legal rights if we deliver any goods late. Delivery is classed as late if the delivery of the goods has been delayed by more than 4 weeks after the pre-agreed estimated latest delivery date stated on your order acknowledgment or on our website. If we miss the delivery deadline for any goods, you may treat the contract as at an end straight away if any of the following apply:
(a) we have refused to deliver the goods;
(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
(c) you told us before we accepted your order that delivery within the delivery deadline was essential.
7.8 Setting a new deadline for delivery. If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 7.7, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
7.9 Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under clause 7.7 or clause 7.8, you can cancel your order for any of the goods or reject goods that have been delivered. If you wish, you can reject or cancel the order for some of those goods (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled goods and their delivery. If the goods have been delivered to you, you must either return them in person to where you bought them, post or courier them back to us or (if they are not suitable to be posted or couriered) allow us to collect them from you. Please call customer services on 01945 427000 or email us at sales@5star-cases.com for a return label or to arrange collection.
7.10 When you become responsible for the goods. A product which is goods will be your responsibility from the time the product is delivered to the address you gave us or you or a carrier organised by you collect it from us.
7.11 When you own goods. You own a product which is goods once we have received payment in full.
7.12 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, Purchase Order numbers for the goods purchased, delivery address if different than the invoice address, any special delivery instructions or any other information relevant to the execution of the order and delivery of the goods. If we need any of the above, this will have been stated in the description of the products on our website, told to you over the telephone or by email exchange, or set out in our brochure/s. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
8.1 Your right to end the contract. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 11 if you are a consumer and clause 12 if you are a business;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2; or
(c) If you are a consumer and have just changed your mind about the product, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions, and you will have to pay the costs of return of any goods.
8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6.2);
(b) we have told you about an error in the price or description of the product you have ordered, and you do not wish to proceed;
(c) there is a risk that supply of the products may be significantly delayed because of events outside our control;
(d) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or
(e) you have a legal right to end the contract because of something we have done wrong.
8.3 Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer, then for most products bought online, over the telephone, by mail order, or exchange of emails, you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
8.4 When consumers don't have the right to change your mind. Your right as a consumer to change your mind does not apply in respect of:
(a) bespoke or personalised goods, or goods manufactured to your specification;
(b) services, once these have been completed, even if the cancellation period is still running;
(c) products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; and
(d) any products which have become mixed inseparably with other items after their delivery;
(e) products which are likely to deteriorate within the 14 day period.
8.5 How long consumers have to change their mind. If you are a consumer how long you have to change your mind depends on what you have ordered and how it is delivered.
(a) Have you bought services? If so, you have 14 days after the day we confirm we accept your order in writing. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
(b) Have you bought goods? If so you have 14 days after the day you (or someone you nominate) receives the goods, unless:
(i) Your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.
(ii) Your goods are for regular delivery over a set period. In this case you have until 14 days after the day you (or someone you nominate) receives the first delivery of the goods.
9.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
(a) Phone or email. Call customer services on 01945 427000 or email us at sales@5star-cases.com. For all purchases, you will need to provide your name, billing and/or delivery address, order number, details of the order and, where available, your phone number and email address. For purchases other than online purchases, you will also need to provide details of what you bought, and when you ordered or received it.
(b) By post. Write to us including details of what you bought, when you ordered or received it and your name and address.
9.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them, post or courier them back to us at our registered address or (if they are not suitable to be posted or couriered) allow us to collect them from you at your expense. Please call customer services on 01945 427000 or email us at sales@5star-cases.com for a return label or to arrange collection. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
9.3 When we will pay the costs of return. We will pay the costs of return:
(a) if the products are faulty or misdescribed; or
(b) if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
(c) In all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay the costs of return.
9.4 What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection. The amount we charge will depend on the product type and size. Prior to collection we would have told you the price over the telephone or by email exchange, or as set out in our brochure.
9.5 How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the products excluding delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
9.6 Deductions from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind:
(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(b) Where the product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
9.8 When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind, then:
(a) If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, within 14 days from the day on which you provide us with evidence that you have sent the product back to us.
(b) If we, or a third party such as a courier, are collecting the goods, then your refund will be made with 14 days of the goods being collected from you.
(c) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
10.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 01945 427000 or write to us at sales@5star-cases.com.
11. Your rights in respect of defective products if you are a consumer.
11.1 If you are a consumer, we are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
| Summary of your key legal rights This is a summary of your key legal rights in relation to the purchase of goods. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06. If your product is goods, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following: a) Up to 30 days: if your goods are faulty, then you can get an immediate refund. b) Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases. c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back. See also clause 8.3. If your product is services, the Consumer Rights Act 2015 says: a) You can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it. b) If you haven't agreed a price beforehand, what you're asked to pay must be reasonable. c) If you haven't agreed a time beforehand, it must be carried out within a reasonable time. See also clause 8.2. |
11.2 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post or courier them back to us or (if they are not suitable to be posted or couriered) allow us to collect them from you. We will pay the costs of postage or collection. Please call us on 01945 427000 or email us at sales@5star-cases.com for a return label or to arrange collection.
12.1 If you are a business customer we guarantee products which are goods in accordance with the terms of our Manufacturer’s Guarantee (see clause 8.4) which you can find on our website or which we can provide to you on request.
12.2 Except as provided in our Manufacturer’s Guarantee, we shall have no liability to you in respect of a product's failure to comply with that guarantee.
13.1 Where to find the price for the product. The price of the product will be the price indicated on the order pages when you placed your order (if ordering online), as told to you over the telephone or in the course of email exchanges, or as set in the quotes provided, depending on how you ordered the product. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 13.3 for what happens if we discover an error in the price of the product you order.
13.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
13.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
- Payment
14.1 When you must pay and how you must pay. When you must pay depends on what product you are buying and our previously agreed terms of purchase with you where applicable.
14.2 If you hold a credit account with us. Payment shall become due upon 30 days from the end of the month of dispatch (for goods) or once a service has been provided in full (for services) unless otherwise stipulated in the terms of your credit account. In the case that goods that are replaced for any reason covered by our Manufacturer’s Guarantee, payment will be due 30 days from the end of the month of redelivery. If you are unsure if you hold a credit account with us or the terms of your account, please contact our sales team.
14.3 If you do not hold a credit account with us. If you do not hold a credit account with us, or you wish to purchase products using a method that does not allow the use of your credit account, payment, including all relevant taxes, shall be made in full before we accept the order. If we have advised an estimated despatch date prior to the point of an order being accepted, we may change this date without prior notice at any point until the order has been accepted as we are unable to begin production or dispatch stocked items until payment has been received.
14.2 We can charge interest if you pay late. If you do not make any payment to us by the due date, we may charge interest to you on the overdue amount at the rate of 8% per annum above the Bank of England Minimum Lending Rate. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
14.3 What to do if you think an invoice is wrong. If you think an invoice is wrong, please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
14.4 Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
14.5 Payments shall be applied to longest outstanding balance. Payments will be applied to the longest outstanding invoice/s for goods & services supplied in the absence of express agreement or written confirmation by either party.
15.1 We can be responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is considered foreseeable if it is obvious that it will happen and we failed to inform you of any potential loss or damage at any point during the sales process or after the contract was made.
15.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care; and for defective products under the Consumer Protection Act 1987.
15.3 We are not liable for business losses. If you are a consumer we only supply the products for to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 15.
16.1 Nothing in these terms shall limit or exclude our liability for:
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
(d) defective products under the Consumer Protection Act 1987;
(e) any matter in respect of which it would be unlawful for us to exclude or restrict liability.
16.2 Except to the extent expressly stated in clause 12.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
(a) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
(b) our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to one hundred per cent (100%) of the total sums paid by you for products under such contract.
17.1 How we may use your personal information. We will only use your personal information as set out in our Privacy Policy (see http://5star-cases.com/privacy-policy).
18.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
18.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. However, if you are a consumer you may transfer our guarantee at clause 8.4 to a person who has acquired the product. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item or property.
18.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause 17.2 in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
18.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
18.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you, but we continue to provide the products, we can still require you to make the payment at a later date.
18.6 Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law, and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
18.7 Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.
18.8 These terms take precedence over any terms and conditions a purchaser may seek to impose. These terms apply to apply to all contracts and shall prevail over any other terms and conditions that the purchaser may seek to impose in the purchaser’s order, in correspondence, or elsewhere. Any conditions or stipulations to the contrary are hereby excluded & extinguished. The placing of an order will be deemed to constitute acceptance of these terms.
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