Terms & Conditons
Please read all these terms and conditions.
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with.
- These Terms and Conditions apply to the purchase of any goods by you (the customer/you). Silstar Antiques Limited is a company registered in England and Wales. Company number 01427807 whose registered office is Vault 29, London Silver Vaults, Chancery Lane, London WC2A 1QS. E-mail address: firstname.lastname@example.org. Telephone number: 020 7242 6740 (the seller/supplier/we/us).
- These are all the terms on which we will sell any and all goods to you. By ordering any goods, you agree to be bound by these Terms and Conditions. You may only purchase goods from our website if you are at least 18 years old and are eligible to enter into a contract.
- Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
- Contract means the legally-binding agreement between you and us for the supply of the Goods;
- Delivery Location means the Supplier’s premises or other location where the Goods are to be supplied, as set out in the Order;
- Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
- Goods means the goods advertised on the Website that we supply to you of the number and description as set out in the Order;
- Order means the Customer’s order for the Goods from the Supplier as submitted following the step by step process set out on the Website;
- Website means our website https://www.silstar.co.uk on which the Goods are advertised.
- The description of the goods as set out on the website, social media or any other form of advertisement. All descriptions are for explanatory purposes only and therefore there may be a small amount of variations in descriptors such as colour, size, etc.
- In cases where any of our goods are made for custom orders or have special requirements, it is your responsibility to provide accurate information.
- All goods that appear on our website are subject to availability.
- We may contact you via e-mail, telephone or post and you expressly agree to this.
Basis of Sale
- A description of any of our goods on our website does not constitute a contractual offer in order to sell said goods. When an order has been submitted via the website, we reserve the right to reject it for any reason. However, we will try to tell you the reason as soon as possible.
- The ordering process is as set out on our website. Every step enables you to check and or amend any errors before submitting an order. It is entirely your responsibility to check your details and ensure you have used the ordering process in the correct manner.
- When goods are ordered, a contract will only be formed upon you receiving an e-mail from ourselves to confirm the order (Order Confirmation E-mail). You must ensure that the information in the Order Confirmation E-mail is correct and immediately inform us of any and all errors. We take no responsibility for inaccurate information in orders placed by you. When placing an order, you agree to us sending you conformation of an order/the contract via e-mail with all relevant information. Order Confirmation will be sent via e-mail within a reasonable amount of time after making the contract.
- No change in the contract, be it the description of the goods, fees, etc. will be made after the contract has been entered into unless specific deviations are agreed by both the customer and supplier in writing.
- Quotations are valid for a maximum period of 2 days from initial date, unless expressly stated otherwise.
Price and Payment
- Price of the goods as well as any additional cost for delivery or other charges is as set out on the website at the date of ordering. Otherwise, prices may be agreed upon in writing.
- All prices and charges include VAT at whatever rate applicable at the time of ordering.
- Payment online must be made by submitting your debit/credit card details when ordering (or in person if already agreed and collecting goods in store). Payment may be taken immediately before delivery of goods.
- Goods will be sent to the provided delivery location within the agreed period. Not more than 30 days after the first day of which the contract was initially entered into
- If we do not deliver goods on time (regardless of events beyond our control), among other remedies you may treat the contract at an end if any of the following are true:
- We have refused to deliver the goods. Or if a delivery on time is essential (taking into account all the relevant circumstances at the time the Contract was made). Or if you have said to us (before the contract was made) that delivery on time was essential.
- After we have failed to deliver on time and you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
- If the Contract is treated as at an end, we will (in addition to other remedies) promptly return all payments as made under the Contract.
- If you were entitled to treat the Contract at an end yet do not do so – you are not then prevented from cancelling the order for goods or rejecting goods that have been delivered. If this is the case, we will (in addition to other remedies) without delay return all payments made under the contract for any such cancelled/rejected goods. If the goods have already been delivered, you must return them to us or allow us to collect them from you and we will pay the costs of this.
- If any goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the order for some of those goods without also cancelling or rejecting the order for the rest of them.
- You are responsible for and may need to pay import duties or other taxes if an order is accepted outside the following areas: England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands however.
- You agree we may deliver the goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
- If you or your nominee fail, through no fault of ours, to take delivery of the goods at the provided delivery location, we may charge the reasonable costs of storing and redelivering them.
- The goods will become your responsibility from the completion of delivery or customer collection. You must, if reasonably practicable, examine the goods before accepting them.
Risk and Title
- Risk of damage to, or loss of any goods will pass to you when the goods are delivered to you.
- You do not own the goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the goods still owned by you, in which case you must return them or allow us to collect them.
Withdrawal and cancellation
- You can withdraw the order by telling us before the contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
- You can cancel the contract except for any goods which are made to your special requirements (the returns right) by telling us no later than 2 calendar days from the day the contract was entered into, if you simply wish to change your mind and without giving us a reason, and without liability, except in that case, you must return to any of our business premises the goods in undamaged condition at your own expense. Then we must without delay refund to you the price for those goods which have been paid for in advance, but we can retain any separate delivery charge. This does not affect your rights when the reason for the cancellation is any defective goods. This Returns Right is different and separate from the cancellation rights below.
- This is a distance contract (as defined below) which has the cancellation rights (cancellation rights) set out below. These cancellation rights, however, do not apply, to a contract for the following goods (with no others) in the following circumstances:
- Goods that have been made to your specifications or are clearly personalised.
- Goods which are liable to deteriorate or expire rapidly.
- Also, the cancellation rights for a contract cease to be available in the following circumstances:
- In the case of any sales contract, if the goods become mixed inseparably (according to their nature) with other items after delivery.
Right to cancel
- Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason.
- The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than the carrier indicated by you, acquires physical possession of the last of the goods. In a contract for the supply of goods over time (i.e. subscriptions), the right to cancel will be 14 days after the first delivery.
- To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (e.g. a letter sent by post, fax or email). You must be able to show clear evidence of when the cancellation was made, so you may decide to use the model cancellation form.
- You may send us an e-mail or any other clear statement of the customer’s decision to cancel the contract to our e-mail address email@example.com. If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation in a Durable Medium (e.g. by email) without delay.
- To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation in the cancellation period
- Except as set out below, if you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
Deduction for Goods supplied
- We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you (i.e. handling the goods beyond what is necessary to establish the nature, characteristics and functioning of the goods: e.g. it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.
Timing of reimbursement
- If we have not offered to collect the goods, we will make the reimbursement without undue delay, and not later than:
- 14 days after the day we receive back from you any goods supplied, or
- (If earlier) 14 days after the day you provide evidence that you have sent back the goods.
- If we have offered to collect the goods or if no goods were supplied, we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract.
- We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
- If you have received goods in connection with the contract which you have cancelled, you must send back the goods or hand them over to us at without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this contract. The deadline is met if you send back the goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the Goods.
- For the purposes of these Cancellation Rights, these words have the following meanings:
- Distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;
- Sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object.
- We have a legal duty to supply the goods in conformity with the contract, and will not have conformed if it does not meet the following obligation.
- Upon delivery, the goods will:
- Be of satisfactory quality;
- Be reasonably fit for any particular purpose for which you buy the goods which, before the contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the contract; and
- Conform to their description.
- It is not a failure to conform if the failure has its origin in your materials.
Successors and our sub-contractors
- Either party can transfer the benefit of this contract to someone else, and will remain liable to the other for its obligations under the contract. The supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.
Circumstances beyond the control of either party
- In the event of any failure by a party because of something beyond its reasonable control:
- The party will advise the other party as soon as reasonably practicable; and
- The party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the customer’s above rights relating to delivery and any right to cancel, below.
- Your privacy is critical to us. We respect your privacy and comply with the general data protection regulation with regard to your personal information.
- These terms and conditions should be read alongside, and are in addition to our policies, including our privacy & cookies policy ( https://www.silstar.co.uk/privacy-policy/).
- For the purposes of these terms and conditions:
- ‘Data protection laws’ means any applicable law relating to the processing of personal data, including, but not limited to the directive 95/46/EC (data protection directive) or the GDPR.
- ‘GDPR’ means the general data protection regulation (EU) 2016/679.
- ‘Data controller’, ‘personal data’ and ‘processing’ shall have the same meaning as in the GDPR.
- We are a data controller of the personal data we process in providing goods to you.
- Where you supply personal data to us so we can provide goods to you, and we process that personal data in the course of providing the goods to you, we will comply with our obligations imposed by the data protection laws:
- Before or at the time of collecting personal data, we will identify the purposes for which information is being collected.
- We will only process personal data for the purposes identified.
- We will respect your rights in relation to your personal data.
- We will implement technical and organisational measures to ensure your personal data is secure.
- For any enquiries or complaints regarding data privacy, you can contact at the following e-mail address: firstname.lastname@example.org.
- The supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the supplier’s other legal obligations. Subject to this, the supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the contract was made, or (ii) loss (e.g. loss of profit) to the customer’s business, trade, craft or profession which would not be suffered by a consumer – because the supplier believes the customer is not buying the goods wholly or mainly for its business, trade, craft or profession.
Governing law, jurisdiction and complaints
- The contract (including any non-contractual matters) is governed by the law of England and Wales.
- Disputes can be submitted to the jurisdiction of the courts of England and wales or, where the customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
- We try to avoid any dispute, so we deal with complaints in the following way: If a dispute occurs customers should contact us on details provided on the website in order to find a solution. We will aim to respond with an appropriate solution within 5 days.
These Terms and Conditions were last updated on the 4th September 2019.
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