Overview: This Agreement applies between you, the Partner and 5 Stars Trading, the website’s owner. Your Agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Website. If you disagree to be bound by these Terms and Conditions, you should stop using the Website immediately. No part of this Website is intended to constitute a contractual offer capable of acceptance. The Purchaser’s order constitutes a contractual offer, and our acceptance of that offer is deemed to occur upon our sending a dispatch email to the Purchaser indicating that the order has been fulfilled and has been dispatched.
1. Definitions and Interpretation
In this Agreement, the following terms shall have the following meanings:
- “Carrier” means any third party responsible for transporting purchased Goods from our Premises to customers.
- “Communications” means collectively the personal information Users use for any communications System on the Website.
- “Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website.
- “Goods” means any products that 5 Stars Trading advertises and/or makes available for sale through this Website.
- “5 Stars Trading” means 5 Stars Trading, which is a trading style of KAILIZ Ltd., whose registered office is at Unit 5, 200 Waterloo Road, Manchester, England, M8 8AE.
- “Service” means collectively any online facilities, tools, services or information that 5 Stars Trading makes available through the Website either now or in the future.
- “Payment Information” means any details required to purchase Goods from this Website. This includes but is not limited to, credit/debit card numbers, bank account numbers and sort codes.
- “Purchaser” means any person or business that buys Goods from 5 Stars Trading from this Website; “Purchase Information” means collectively any orders, invoices, dispatch notes, receipts or similar that may be in hard copy or electronic form.
- “Premises” Means our place of business located at Unit 5, 200 Waterloo Road, Manchester, England, M8 8AE.
- “System” means any online communications infrastructure that 5 Stars Trading makes available through the Website either now or in the future. This includes but is not limited to web-based email, message boards, live chat facilities and email links.
- “User” / “Users” means any third party that accesses the Website and is not employed by 5 Stars Trading and acting during their employment.
- “Website” means the website you currently use (www.5starstrading.uk) and any sub-domains of this site unless expressly excluded by their terms and conditions.
2. International Customers
If Goods are being ordered from outside 5 Stars Trading’s country of residence, import duties and taxes may be incurred once they reach their destination. 5 Stars Trading is not responsible for these charges, and we undertake to make no calculations or estimates in this regard. If a Purchaser buying internationally, they are advised to contact their local customs authorities for further details on costs and procedures. The Purchaser of the Goods will also be the importer of record and, as such, should ensure that the purchase is in full compliance with the laws of the country into which the Goods are being imported. Please be aware that Goods may be inspected on arrival at port for customs purposes, and 5 Stars Trading gives no guarantee that the packaging of the Goods will be free of signs of tampering.
3. Communications
3.1 To obtain a quote via this Website and to use the enquiry facilities, Users may be required to create an Account which will contain certain personal details and Payment Information which may vary based upon a User’s use of the Website as we may not require payment information until a purchase is to be made. By continuing to use this Website, you represent and warrant that:
3.1.1 all information you submit is accurate and truthful.
3.1.2 if you are communicating on behalf of your employers, you have the authority to submit sensitive Information where any such authority is required.
3.1.3 you will keep this information accurate and up to date. Your communication with us via the website is a further affirmation of your representation and warranty.
4. Termination and Cancellation
4.1 5 Stars Trading reserves the right to cancel purchases without stating reasons for any reason before processing payment and dispatch.
4.2 If purchases are cancelled for any reason before dispatch, Purchasers will be refunded any monies paid in relation to those purchases.
4.3 If a User terminates their Account, any non-dispatched purchases will be cancelled, and a full refund of any monies paid in relation to those purchases will be paid through the payment method used when the Goods were purchased.
5. Payment
5.1 Any and all invoices are due for payment on the date shown on the invoice unless alternative arrangements have been agreed between the Purchaser and 5 Stars Trading.
5.2 Late Payment Interest will be charged daily, commercial interest at 4% above the base rate of the Bank of England obtained at the time.
6. Goods, Pricing and Availability
6.1 Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods available from 5 Stars Trading correspond to the actual Goods, 5 Stars Trading is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods, not different Goods altogether. Please refer to Clause 10.1 for incorrect Goods.
6.2 Where appropriate, you may be required to select the required size, model, colour and number of the Goods that you are purchasing.
6.3 5 Stars Trading does not represent or warrant that such Goods will be available. Stock indications are provided on the Website; however, these may not account for sales that have taken place during your visit to the website.
6.4 All pricing information on the Website is correct at the time of going online. 5 Stars Trading reserves the right to change prices and alter or remove any special offers occasionally and as necessary.
6.5 If prices are changed during the period between an order being placed for Goods and 5 Stars Trading processing that order and taking payment, you will be contacted before your order is processed with details of the new price.
6.6 All prices quoted include VAT. KAILIZ Ltd’s VAT number is 337 3923 86.
7. Property, Risk and Account of Profits
7.1 Title in Goods will not pass to the Purchaser until the full purchase price for those Goods has been received by 5 Stars Trading. The title remains with 5 Stars Trading until payment is complete.
7.2 If the Purchaser sells the Goods to its own customers in any form, either as purchased from 5 Stars Trading or forming a component part of a larger Good and any amount of the purchase price payable to 5 Stars Trading remains outstanding, the Purchaser must account to 5 Stars Trading for the proceeds of such a sale. The Purchaser is then required to hold such proceeds on trust for 5 Stars Trading until 5 Stars Trading has fully received payment.
7.3 5 Stars Trading reserves the right to trace all proceeds under Re Hallett’s Estate (1880) 13 Ch D 696 principles. Once the payment date has passed, if any sums remain outstanding, 5 Stars Trading has the right to enter the Purchaser’s premises and remove any Goods which, by sub-Clause 8.1, remain the property of 5 Stars Trading.
8. Delivery
Here at 5 Stars Trading, we pride ourselves on getting your products to you in pristine condition and, therefore, only deliver them using our team of highly vetted and selected professional courier companies. We aim to deliver all orders within 5-7 working days.
8.1 Free delivery is restricted to mainland UK only. Delivery charges will apply to Northern Ireland, Scottish Highlands and all UK islands. Please contact us before placing your order for delivery costs should you not reside in the mainland UK.
8.2 5 Stars Trading will notify you by way of email when your goods are to be dispatched to you. The message will contain details of estimated delivery times and any reasons for a delay in the delivery of the Goods purchased by you.
8.3 If 5 Stars Trading receives no communication from you, within 24 hours of delivery, regarding any problems with the Goods, you are deemed to have received the Goods in full working order and with no problems.
8.4 Delivery
8.4.1 Carriage paid is £350
8.4.2 Standard delivery charge of £9.99 applies to orders below £350.
9. Returns Policy
5 Stars Trading always aims to provide high-quality Goods that are fault free and undamaged. On occasion, however, goods may need to be returned. These Terms and Conditions govern returns.
9.1 If the Purchaser receives Goods which do not match those ordered unless accompanied by an explanatory note detailing the changes, stating reasons for the changes and setting out your options, the Purchaser should contact us within 24 hours to arrange collection and return. 5 Stars Trading is not responsible for paying shipment costs. The Purchaser will be given the option to have the Goods replaced with those ordered (if available) or to be refunded through the payment method used when the Goods were purchased. Refunds and replacements will be issued upon our receipt of the returned Goods.
9.2 If any Goods purchased have faults when they are delivered, the Purchaser should contact 5 Stars Trading within 24 hours to arrange collection and return. 5 Stars Trading is responsible for paying not shipment costs. Goods must be returned in their original condition with all packaging and documentation. Upon receipt of the returned Goods, the price of the Goods, as paid, will be refunded through the payment method used when the Goods were purchased.
9.3 If any Goods develop faults within their warranty period, the Purchaser is entitled to a repair or replacement under the terms of that warranty.
9.4 If Goods are damaged in transit, and the damage is apparent on delivery, the Purchaser should sign the delivery note to the effect that the goods have been damaged. In any event, such damage should be reported to 5 Stars Trading within 10 working days and arranged collection and return. 5 Stars Trading is not responsible for paying shipment costs. Upon receipt of the returned Goods, the price of the Goods, as paid, will be refunded through the payment method used when the Goods were purchased.
9.5 If the Goods have been dispatched or have reached you, but the Purchaser decides that they are no longer required, the Goods can be returned to 5 Stars Trading within 24 hours of receipt. Goods can only be returned for this reason if their packaging remains unopened and the Goods can be re-sold, as new, without any additional work on the part of 5 Stars Trading. The Purchaser is responsible for paying shipment costs if Goods are returned for this reason.
9.6 If the Purchaser wishes to return Goods to 5 Stars Trading for any of the above reasons, please contact us using the address above or via email to info@5starstrading.uk or via making the appropriate arrangements.
9.7 5 Stars Trading reserves the right to exercise discretion with respect to any returns under these Terms and Conditions. Factors which may be taken into account in the exercise of this discretion include, but are not limited to:
9.7.1 Any use or enjoyment that you may have already had out of the Goods.
9.7.2 Any characteristics of the Goods which may cause them to deteriorate or expire rapidly.
9.7.3 Any discounts that may have formed part of the purchase price of the Goods to reflect any lack of quality made known to the Customer at the time of purchase. Such discretion is to be exercised only within the confines of the law.
10. Changes to the Service and these Terms and Conditions
5 Stars Trading reserves the right to change the Website, its Content or these Terms and Conditions at any time. Users and Purchasers will be bound by any changes to the Terms and Conditions from the first time they use the Website following the changes. If 5 Stars Trading is required to make any changes to Terms and Conditions relating to the sale of Goods by law, these changes will apply automatically to any orders currently pending and any orders placed by Purchasers in the future.
11. Availability of the Website
11.1 The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of the information, compatibility and satisfactory quality.
11.2 5 Stars Trading accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
12. Limitation of Liability
12.1 To the maximum extent permitted by law, 5 Stars Trading accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from using the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.
12.2 Nothing in these Terms and Conditions excludes or restricts 5 Stars Trading’s liability for death or personal injury resulting from any negligence or fraud on the part of 5 Stars Trading.
12.3 Nothing in these Terms and Conditions excludes or restricts 5 Stars Trading’s liability for any direct or indirect loss or damage arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the Website.
12.4 Whilst every effort has been made to ensure that these Terms and Conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977 if any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions. It shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
13. No Waiver
If any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
14. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
15. Third-Party Rights
Nothing in these Terms and Conditions shall confer any rights upon any third party. The Agreement created by these Terms and Conditions is between you and 5 Stars Trading.
16. Notices
16.1 All notices/communications shall be given to us either by post to our Premises (see address above) or by email to 5 Stars Trading. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day, and the next business day if the email is sent on a weekend or public holiday.
16.2 5 Stars Trading may occasionally send you information about our products and/or services. If you do not wish to receive such information, please email info@5starstrading.uk stating that you wish to unsubscribe. Please send this from the email address you wish to opt out of.
17. Law and Jurisdiction
These Terms and Conditions and the relationship between you and 5 Stars Trading shall be governed by and construed in accordance with the Law of England and Wales and 5 Stars Trading. You agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
18. Consents and Load Design Estimation
If any consents, licenses or other permissions are needed from any third parties such as landlords, planning authorities, local authorities or similar, it shall be the Buyer’s/Purchaser’s responsibility to obtain the same in advance of delivery of the Goods the Seller/5 Stars Trading will undertake an assessment of design loading requirements based on pertinent factors. This is to be treated as a guide only, and Seller/5 Stars Trading accepts no liability or responsibility in this regard. Where regulations are required or appropriate, structural calculations shall be carried out. The Buyer’s/Purchaser’s responsibility is to ensure that a fully qualified structural engineer undertakes the calculations. The Buyer/Purchaser shall appoint and contract with the structural engineer. The Seller/5 Stars Trading shall not be a party to any such contracts.
19. Credit Account Terms
• All invoices are to be paid 30 days from the date of the invoice.
• Claims arising from invoices must be made within seven working days.
• By submitting this application, you authorise 5 Stars Trading to make inquiries into the banking and business/trade references that you have supplied. In processing your application, we make enquiries of credit through reference agencies and other third parties who may record those enquiries. We may also disclose information about the conduct of your account to credit reference agencies and other third parties. The information obtained from or provided to credit reference agencies or other third parties may be used when assessing further applications for credit terms, for debt collection, for tracing and for fraud prevention. I, the undersigned hereby confirm that if credit facilities are approved the account will be paid as per your normal monthly terms.
In these credit account terms, “we” or “us” means 5 Stars Trading (and “our” has a corresponding meaning), “you” means the customer that has applied to us for a credit account (and “your” has a corresponding meaning), “account” means any credit account you may have with us from time to time, and “account terms” means these credit account terms. References to a “consumer” are to an individual acting for purposes that are wholly or mainly outside that individual’s trade, business, craft or profession.
19.1 Application. These account terms will apply to the account.
19.2 Credit limits. We will from time to time set a credit limit (including VAT) for the account and tell you what it is. You must not place orders at any one time to a value exceeding your approved credit limit, considering unpaid invoices at that time.
19.3 Invoices and statements. You will be sent an invoice for each purchase and monthly statements showing details of all purchases which have been charged to the account together with payments received.
19.4 Payment. We must receive payment of the amount due shown on the most recent statement by the last working day of the month following the date of invoice. Any variation to these payment terms must be agreed in writing by us.
19.5 Interest and late payment charges. We may charge you interest on overdue accounts at the rate of 3% a year above the base rate of HSBC bank plc from time to time. This interest will be calculated daily until the receipt by us of the full amount, whether before or after judgment. In addition, you must reimburse us for any expenses reasonably incurred by us in the collection of overdue amounts.
19.6 Change of details. You must advise us in writing if there is any change to the information provided in your application.
19.7 Withdrawal of credit. We may withdraw your credit, withhold supply of goods, or put the account on hold at any time and without prior notice.
19.8 Account closure. The account may be closed at any time by you or us on written notice. You must settle any outstanding amounts at the time the account is closed.
19.9 Conditions of sale. Unless you are a consumer (see above in these account terms), our standard terms and conditions of sale will apply to the sale of all goods by us. A copy of the standard terms and conditions is set out below.
19.10 No one else has rights. These account terms apply to you and us only. No one else may rely on any of the account terms.
19.11 Priority of account terms. These account terms will apply despite anything to the contrary in your purchase orders or any other documentation.