A: Cancellation of orders and subsequent return of items
1) You have the right of cancellation of your order within 14 days after the goods are delivered to you. If your order consists of multiple items, the 14 day period commences immediately after delivery of the last item. This right applies only to items that are not bespoke or commissioned by you.
2) If you decide to cancel an order within the 14 day period outlined above, then responsibility for returning the goods is yours, and at your cost. In order to cancel, you must make a clear notification statement of your decision to cancel, either by post, fax or email.
3) Goods must be returned within 14 days of your notification of cancellation. We will then make the reimbursement without undue delay, and not later than —
a. 14 days after the day we receive back from you any goods supplied, or
b. (if earlier) 14 days after the day you provide evidence that you have returned the goods.
4) 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.
Our return address is:
1 Seamer Road Corner,
Scarborough,
North Yorkshire,
England
YO12 5BB
B: Contractual conditions, existence of contracts and contract amendments
1) The conditions set below shall be incorporated in all contracts for the sale of goods by North Star Limited to the exclusion of any terms or conditions referred to by the customer. No contract shall come into existence until North Star Limited has given its written acknowledgement of the customer’s order.
2) No amendment to or representation in connection with any contract shall bind North Star Limited, unless confirmed by North Star Limited in writing; any other terms that the customer shall seek to incorporate into the contract are expressly excluded.
C: Prices and Payment
1) The price for the goods shall be as set out in Aur Cymru Ltd’s order acknowledgement or invoice, but North Star Limited reserves the right at its option to charge or credit to the customer the amount of any error or omission in the price as so set out.
2) The customer agrees that North Star Limited shall have the right at any time before delivery of the goods to withdraw any discount and/or revise any prices quoted if, after North Star Limited’s acceptance of any order there is an increase or decrease in the cost to North Star Limited of supplying the goods, whether by reason of bullion price fluctuations, exchange rate fluctuations or otherwise.
3) All invoices, unless otherwise stated within, are payable in pounds sterling within 30 days from the date of the invoice without any deduction whatsoever. Interest shall be payable on any overdue amount from the date of the invoice to the date on which it is paid in full (whether before or after judgment) on a daily basis at the rate of 0.1 per cent per day.
4) The customer shall also pay all legal and other costs incurred by North Star Limited in recovering any amounts owing from the customer and any goods in which title has been retained by North Star Limited. Such costs shall be due for payment immediately on invoice.
5) Without prejudice to any other of its rights and notwithstanding any other agreement or arrangement with the customer, North Star Limited shall be entitled by giving written notice to the customer at any time to require the customer to tender the price of the goods in advance of delivery in a manner satisfactory to North Star Limited and to refrain from delivering the goods until the price has been so tendered.
6) If the customer fails to make any payment when and as due, or other circumstances entitling North Star Limited to terminate the contract arise, then the price of all such goods as have been delivered or manufactured for an order of the customer shall forthwith thereupon become immediately due and payable.
D: Title
1) Notwithstanding the earlier passing of risk, the title in the goods shall remain with North Star Limited and not pass to the customer (who shall, nevertheless subject to the conditions stated below, be entitled to resell them as principal only, in the ordinary course of business) until North Star Limited has received in cash or cleared funds payment in full of the price of the goods and of all other debts for any other goods or services then or subsequently owed to it by the customer on any account.
2) Until title passes the customer shall hold the goods as bailey for Aur Cymru Lmited and ensure that they are at all times clearly identified as the property of North Star Limited who shall, without prejudice to any other remedy, be entitled to maintain an action for the price of the goods although title in them has not passed to the customer and North Star Limited shall be entitled at any time on demand to repossess and sell all or any of the goods and thereby terminate (without any liability to the customer) the customer’s right to use or sell them and to enter any premises where the goods are located for the purpose of inspecting or repossessing them.
3) North Star Limited transfers to the customer only such title and rights of use as North Star Limited has in any goods and in the case of material purchased from a third party shall transfer only such title and rights as that party had and has transferred to North Star Limited.
E: Delivery and Risk
1) Risk in the goods shall pass to the customer when North Star Limited or a carrier appointed by North Star Limited makes them available to the customer, or when North Star Limited makes them available to the Customer at North Star Limited’s premises or other delivery point stated in the order acknowledgement.
2) North Star Limited will endeavour to meet times advised for delivery but will not be liable for any loss, damage or expense of whatever kind arising from any delay or failure in delivery from any cause whatsoever nor shall such failure or delay entitle the customer to refuse to accept any delivery or repudiate any contract.
3) North Star Limited reserves the right to substitute any goods which for any reason whatsoever are not available at the intended date of dispatch with goods of similar style. North Star Limited may deliver 10% more or less than the contracted quantity of any goods which are the subject of special orders, and invoice the customer at the contract rate for all of the goods actually dispatched, which shall be accepted by the customer in full satisfaction of the contract.
4) If the customer fails to take delivery of any goods on the due date or provide adequate delivery instructions, North Star Limited may store the goods at the risk of the customer who shall pay all storage, transportation, handling or other charges incurred by North Star Limited as a result of such failure, and North Star Limited shall be entitled to payment as though delivery had taken place.
F: Losses in Transit, Returns etc.
1) In the event that the customer proves to North Star Limited’s satisfaction that any goods sold by North Star Limited were damaged or lost prior to delivery, or were at the time of their delivery defective in materials or workmanship or not in conformity with their description, North Star Limited will either give credit for the invoice value of the goods or replace them free of charge at the original point of delivery, at its own option.
2) No claim for any such goods will be considered unless the customer has given written notification of the alleged damage, loss, defect or non-conformity to North Star Limited, and where applicable any carrier. In the case of damaged or short delivered goods notice is required within 3 days from the date of receipt; in the case of loss of a whole consignment notice is required within 10 days of the date of the earlier of North Star Limited’s invoice or advice of dispatch. In the case of defective goods or goods not in conformity with their description such notice is required within 10 days from the date of receipt.
3) Unless otherwise stated North Star Limited will have no liability for the loss of or damage to any goods consigned to a destination outside theUnited Kingdom after dispatch by North Star Limited The customer should arrange insurance, if required.
4) Your statutory rights are not affected by the above terms.
G: Extent of Liability
1) Except to the extent stated in these conditions North Star Limited shall have no obligation, duty or liability in contract, tort (including negligence or breach of statutory duty) or otherwise under or in connection with any contract.
2) Without prejudice to the generality of the condition above North Star Limited shall under no circumstances have any responsibility or liability of whatever kind for;
a) the suitability of any goods for any particular purpose or for their use under specific conditions, whether or not the customer’s requirements were known or made known to North Star Limited.
b) any description or illustrations contained in North Star Limited’s website, catalogue, price lists or other materials are intended merely to present a general idea of the goods described in them and shall not form part of any contract
c) any claim in respect of which the customer has failed to give North Star Limited reasonable opportunity for investigation, or in which the customer has not complied with any request by North Star Limited for the return of any goods carriage paid to North Star Limited.
d) any indirect or consequential loss or damage suffered by the customer in connection with any contract including, but not limited to, loss of profits, business revenue, goodwill or expected savings, wasted time or expenditure or any claim by any person.
e) North Star Limited’s liability in connection with any goods shall in no circumstances exceed their invoice value. North Star Limited shall be discharged of all liability in respect of any transaction to which these conditions apply, whether in contract, tort (including negligence and breach of statutory duty) or otherwise howsoever unless suit is brought by way of action within 6 months after the date of dispatch of the goods from North Star Limited’s premises. Any condition which conflicts with any material law, regulation or decision shall be curtailed and limited only to the extent necessary to bring it within the legal requirements and shall otherwise continue in full force and effect.
H: Force Majeure
1) North Star Limited shall not be liable for any delay or other failure to perform the whole or any part of the contract resulting from any cause whatsoever beyond North Star Limited’s control including, but not limited to, fire, explosion, breakdown or failure of plant or machinery, lack or failure of transportation facilities, supply of labour, materials, power or supplies, strike, lockout or labour dispute (whether or not at North Star Limited’s premises), illness, epidemic, flood, drought, war, civil commotion, or restriction of any authority or governmental agency (including restrictions or delays in the issue of export or other licenses).
I: Customer’s Designs
1) The customer shall indemnify and hold harmless North Star Limited against all claims, losses, damages, liabilities, costs and expenses of whatever kind incurred by North Star Limited in connection with any infringement or alleged infringement of the rights of any third party claimed under or in relation to any patent, registered design, trade mark, copyright or breach of confidence arising from North Star Limited’s use of any design or specification provided by the customer.
J: Law, Jurisdiction and Construction
1) The contract shall be governed by the Law of England andWalesand the customer consents to the exclusive jurisdiction of the Courts of England andWalesin all matters regarding such contracts except to the extent North Star Limited invokes the jurisdiction of the courts of any other country.
2) The headings of conditions are for convenience of reference only and shall not affect their interpretation.
K: General
1) If the customer fails to make any payment when due or otherwise defaults in any of its obligations under any Contract or other agreement with North Star Limited, becomes insolvent, commits any act of bankruptcy, has a receiver or administrator appointed for all or any part of its business, enters into liquidation, whether compulsory or voluntary, compounds with its creditors or suffers any similar action in consequence of debt or North Star Limited bona fide believes that any of such events may occur, North Star Limited shall, without prejudice to any other remedy, be entitled at its discretion by giving the customer written notice at any time, to forthwith suspend its performance of or terminate such contract.
L: Notices
1) Any notice to be given under any contract shall be in writing and faxed or forwarded by first class pre-paid letter post to the receiving party at its business address as last notified in writing to the other party and shall be deemed to have been given on the date of the fax or the day after the date of posting as the case may be.
NOTE: North Star Limited reserves the right to alter the specifications and designs of its goods and its price lists and conditions of sale at any time without prior notice.
Disclaimer: It is important to note that the images used on this website are for reference only. Any differences from the actual product may occur because each item is made by hand by our jeweller and any gem stones incorporated in to the design have their own characteristics.
Terms and Conditions
