PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
OTHER APPLICABLE TERMS
• Our acceptable use policy, which sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this acceptable use policy.
If you purchase products from our site (where relevant), our terms and conditions of sale will apply to the sales.
INFORMATION ABOUT US
www.starqualities.com is a site operated by Star Qualities Limited (we or us). We are a limited company registered in England and Wales under company number 07653211 and have our registered office at Blackthorn House, Rolleston Road, Skeffington, Leicester LE7 9YD. Our main trading address is at 1 Holly Court, Tring Road, Wendover, Buckinghamshire HP22 6PE. Our VAT number is 199 1909 52.
CHANGES TO THESE TERMS
Please check this page from time to time to take notice of any changes we made, as they are binding on you.
CHANGES TO OUR SITE
We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.
We do not guarantee that our site, or any content on it, will be free from errors or omissions.
ACCESSING OUR SITE
Our site is made available free of charge.
We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis only. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our site.
YOUR ACCOUNT AND PASSWORD
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us.
INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee (as the case may be) of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal use, and you may draw the attention of others within your organisation to content posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors (as the case may be).
NO RELIANCE ON INFORMATION
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.
LIMITATION OF OUR LIABILITY
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
• use of, or inability to use, our site; or
• use of or reliance on any content displayed on our site.
If you are a business user, please note that in particular, we will not be liable for:
• loss of profits, sales, business, or revenue;
• business interruption;
• loss of anticipated savings;
• loss of business opportunity, goodwill or reputation; or
• any indirect or consequential loss or damage.
If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods by us to you (where relevant), which will be set out in our terms and conditions of sale.
UPLOADING CONTENT TO OUR SITE
Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our acceptable use policy.
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our site a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you licence to us are described in the next paragraph (Rights you licence).
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.
We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our acceptable use policy.
The views expressed by other users on our site do not represent our views or values.
RIGHTS YOU LICENCE
When you upload or post content to our site, you grant the following licences:
• a perpetual, worldwide, non-exclusive, royalty-free, transferable licence to us to use, reproduce, distribute, prepare derivative works of, display, and perform that content in connection with the service provided by our site (including without limitation for use by us to promote our site or the service), and in all and any media.
• a perpetual, worldwide, non-exclusive, royalty-free, transferable licence to other users of our site and our advertisers, business associates and affiliates to view that content in connection with the service provided by our site.
We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
LINKING TO OUR SITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our site in any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the content standards set out in our acceptable use policy.
If you wish to make any use of content on our site other than that set out above, please contact firstname.lastname@example.org.
THIRD PARTY LINKS AND RESOURCES IN OUR SITE
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.
We have no control over the contents of those sites or resources.
We are a distributor for Olaplex and Cezanne Professional Products. “Olaplex” and “Cezanne Professional Products” are US trade marks of Olaxplex LLC of 1482 E. Valley Road, #701 Santa 'Barbara, CA 93108, and Cezanne Professional Products LLC of 551 NW 77th Street, St. 100, Boca Raton, FL 33487 respectively.
To contact us, please email email@example.com.
Thank you for visiting our site.
STAR QUALITIES LIMITED TERMS AND CONDITIONS OF SALE
This page (together with the documents referred to in it) tells you the legal terms and conditions (Terms) on which we sell any of the products listed on our site at www.starqualities.com (our site) to you.
These Terms will apply to any contract between us for the sale of any such products to you. Please read these Terms carefully and make sure that you understand them, before ordering any products from us through our site. Please note that before submitting an order, you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any products from us through our site.
You should print a copy of these Terms or save them to your computer for future reference.
These Terms may be amended from time to time as set out in clause 18.6. Every time you wish to order products from us through our site, please check these Terms to ensure that you understand the legal terms which will apply at that time.
These Terms, and any Contract between us, are only in the English language.
1.1 Definitions. In these Terms, the following definitions apply:
Business Day: a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business.
Contract: the contract between us for the sale and purchase of the Products in accordance with these Terms.
Event Outside Our Control: any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties including our suppliers, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
Products: the professional hairdressing products offered for sale by us on our site.
Terms: the terms and conditions set out in this document on which we sell any of the Products to you, as amended from time to time in accordance with clause 18.6.
1.2 Construction. In these Terms, the following rules apply:
(a) A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
(b) A reference to a party includes its personal representatives, successors or permitted assigns.
(c) A reference to a statute or statutory provision is a reference to such statute or provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted.
(d) Any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
(e) A reference to writing or written includes faxes and emails.
2. INFORMATION ABOUT US
2.1 We are the operators of the website at www.starqualities.com and the seller of the Products listed on our site. We are Star Qualities Limited (we or us), a private limited company incorporated and registered in England and Wales with company number 07653211, whose registered office address is at Blackthorn House, Rolleston Road, Skeffington, Leicester LE7 9YD. Our main trading address is at 1 Holly Court, Tring Road, Wendover, Buckinghamshire HP22 6PE. Our VAT number is 199 1909 52.
2.2 You can contact us using the contact details shown on the “Contact Us” page on our site. If you wish to give us formal notice of any matter in accordance with these Terms, please see clause 18.2.
3. OUR PRODUCTS
3.1 The Products are as described on our site from time to time. All of our Products are offered subject to availability.
3.2 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflects the colour of the Products. The Products may vary slightly from those images.
3.3 The packaging of the Products may vary from that shown on images on our site.
3.4 We reserve the right to make any changes to the specification of the Products as may be required from time to time in order to comply with any applicable legal or regulatory requirements.
3.5 You must follow industry practice and any manufacturer’s or other instructions on or included with the Products as to their safe and proper use, and you will indemnify us in full against any claims, costs, losses or expenses incurred by us in relation to claims resulting from any failure on your part to comply with the provisions of this clause.
4. USE OF OUR SITE
5. USE OF PERSONAL INFORMATION
6. BASIS OF CONTRACT
6.1 You will not be able to purchase any Products from us unless you have registered with us and we have given you an account.
6.2 If you are entering into the Contract on behalf of a business, you confirm that you have the requisite authority to bind any business on whose behalf you use our site to purchase Products from us.
6.3 These Terms apply to the Contract to the exclusion of any other terms that you may seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
6.4 The Contract constitutes the entire agreement between the parties. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by us or on our behalf which is not set out in the Contract.
6.5 You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them.
6.6 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
6.7 We reserve the right to correct any errors in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information which may be issued by us or on our behalf from time to time without any liability on our part.
7. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
7.1 Our site will guide you through the steps you need to take to place an order for Products with us through our site. The online order process allows you to check and amend any errors before submitting your order. Please take the time to read and check your order at each page of the order process, because you are responsible for ensuring that the terms of your order and any details you submit are complete and accurate. Your order constitutes an offer by you to purchase the Products from us in accordance with these Terms, and please note that we have sole discretion as to whether to accept or reject your order.
7.2 After you place an order through our site, you will receive an email from us acknowledging that your order has been received. However, please note that this does not mean that your order has been accepted. Acceptance of your order will take place as described in clause 7.4.
7.3 All orders are subject to availability, and in the event that the Products you have ordered are not available at the time you place your order, we will inform you of this by email, giving you the option either to:
(a) proceed with your order and wait until the Products are available from stock, in which case we will accept your order as described in clause 7.4 below and we will supply you with the Products when they are back in stock; or
(b) withdraw your order.
Without prejudice to the above, we reserve the right to accept your Order but reduce the quantity of Products you have ordered in the event of unavailability of the total amount ordered.
7.4 Acceptance of your order will be confirmed by us sending you an email telling you that we have accepted your order (Order Confirmation). This will take place once your payment has been accepted and the Products have been dispatched. The Contract between us will only be formed when the Order Confirmation is sent to you.
7.5 Once we have issued the Order Confirmation, you shall not be entitled to cancel your order unless we agree otherwise in writing. We shall be entitled to:
(a) cancel your Order at any time if we have reasonable cause to suspect that the Products ordered will be used in breach of clause 13 below;
(b) cancel or reduce the quantity of your Order in the event that we are unable to fulfil your Order (or the full amount ordered) due to unavailability of stock.
8.1 We will ensure that each delivery of the Products is accompanied by a delivery note which shows the date of your order, all relevant customer and supplier reference numbers, the type and quantity of the Products (including the code number of the Products, where applicable), and, if the order is being delivered by instalments, the outstanding balance of Products remaining to be delivered.
8.2 We will arrange for the Products to be delivered to the location set out in your order or such other location as the parties may agree (Delivery Location) within approximately 48 hours of the date of the Order Confirmation.
8.3 Delivery of the Goods shall be completed on the Products' arrival at the Delivery Location, and the Products will be your responsibility from that time.
8.4 You own the Products once we have received payment in full, including all applicable delivery charges.
8.5 Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. We will not be liable for any delay in delivery of the Products that is caused by an Event Outside Our Control or by any failure on your part to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the Products.
8.6 If we fail to deliver the Products, subject to clause 13, our liability shall be limited to the reasonable costs and expenses you incur in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Products. We will have no liability for any failure to deliver the Products to the extent that such failure is caused by an Event Outside Our Control or by any failure on your part to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the Products.
8.7 We may deliver the Products by instalments, which shall be invoiced and paid for separately. Each instalment shall constitute a separate Contract. Any delay in delivery, or defect in an instalment shall not entitle you to cancel any other instalment.
8.8 If you fail to take delivery of the Products or fail to give us adequate delivery instructions (otherwise than by reason of any cause beyond your reasonable control or due to any fault on our part) then, without limiting any other right or remedy available to us, we may at our option:
(a) store the Products until actual delivery takes place and charge you for the reasonable costs (including insurance) of storage; or
(b) sell the Products at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to you for the excess over the price under the Contract or charge you for any shortfall below the price under the Contract.
9. NO INTERNATIONAL DELIVERY
9.1 Unfortunately, we do not deliver to addresses outside the UK, the Channel Islands and the Republic of Ireland (Accepted Delivery Destinations).
9.2 You may place an order for Products from outside the Accepted Delivery Destinations, but this order must be for delivery to an address within the Accepted Delivery Destinations.
10. TITLE AND RISK
10.1 The risk in the Products shall pass to you:
(a) in the case of Products to be delivered at our premises, at the time when we notify you that the Products are available for collection; or
(b) in the case of Products to be delivered otherwise than at our premises, at the time of delivery or, if you wrongfully fail to take delivery of the Products, the time when we have tendered delivery of the Products.
10.2 Title to the Products shall not pass to you until we receive payment in full (in cash or cleared funds) for the Products and all other goods agreed to be sold by us to you for which payment is then due.
10.3 Until such time as the title to the Products passes to you, you shall hold the Products as our fiduciary agent and bailee, and shall keep the Products separate from your own and from those of third parties and properly stored, protected and insured and identified as our property, but you may resell or use the Products in the ordinary course of your business.
10.4 Until such time as the title to the Products passes to you (and provided the Products are still in existence and have not been resold), we may at any time require you to deliver up the Products to us and, if you fail to do so forthwith, enter on any premises of yours or any third party where the Products are stored and repossess the Products.
10.5 You shall not be entitled to pledge, create a lien over or in any way charge by way of security for any indebtedness any of the Products which remain our property, but if you do so all monies owing by you to us shall (without limiting any other right or remedy we may have) forthwith become due and payable.
11. PRICE OF PRODUCTS AND DELIVERY CHARGES
11.1 The prices of the Products will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see clause 11.5 for what happens if we discover an error in the price of Product(s) you ordered.
11.2 Prices for our Products may change from time to time, but changes will not affect any order you have already placed through our site.
11.3 The price of the Products is exclusive of amounts in respect of value added tax (VAT). You shall pay to us such additional amounts in respect of VAT as are chargeable on the supply of the Products at the time you make your purchase.
11.4 The price of the Products is exclusive of delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order. To check relevant delivery charges, please refer to our Delivery Charges page.
11.5 Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
(a) where the Product's correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Products to you; and
(b) if the Product's correct price is higher than the price stated on our site, we will contact you as soon as possible to inform you of this error, and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
12. HOW TO PAY
12.1 Unless otherwise agreed with us in advance, you can only pay for Products online through Worldpay, using a debit card or credit card. The following cards are accepted: Mastercard, Visa Credit, Visa Debit and Solo.
12.2 Unless otherwise agreed with us, payment for the Products and all applicable delivery charges is in advance, and time of payment is of the essence. We will charge your debit card or credit card when you place your order. Receipts for payment will only be issued by email.
13. USE OF THE PRODUCTS
13.1 In relation to any Products you purchase from us which are designated on our site as being for professional use only (Professional Products), you shall not be entitled to advertise or sell those Professional Products to a third party as Products for resale by any third party (although for the avoidance of any doubt, you may advertise the service to be provided by you in relation to Professional Products).
13.2 In relation to any Products you purchase from us which are designated on our site as being for retail use (Retail Products), you shall only be entitled to sell those Retail Products to genuine retail customers for their own personal use. You acknowledge that that re-sale of Retail Products to anyone other than genuine retail customers amounts to diversion, and that diversion may seriously damage the reputation of the Retail Products and interfere with the business relationship between you and us, and between each of us and other buyers of Retail Products. You further acknowledge that we may be entitled in the case of diversion (and in addition to any other remedies we may have), to an immediate injunction to prevent such diversion.
13.3 In relation to Retail Products, you shall be entitled to offer such Products for retail sale via your own website, but shall not be entitled to offer Retail Products for sale via any third party websites or online marketplaces whatsoever (including for the avoidance of doubt websites such as Amazon and eBay).
14.1 If you return any Products to us because they are damaged, defective or have been wrongly delivered, then (subject to receipt by us of the returned Products and accompanying return form) we will be happy to refund to you the cost of the Products and the associated costs of delivery (including any gift wrapping costs and other services provided in connection with the original purchase), and we will reimburse your reasonable costs of returning the Products to us.
14.2 You may arrange for the return of damaged, defective or wrongly delivered Products to us by contacting the Returns Department via email at firstname.lastname@example.org and requesting a return form.
15. OUR LIABILITY TO YOU
15.1 Nothing in these Terms limits or excludes our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) defective products under the Consumer Protection Act 1987; or
(e) any matter in respect of which it would be unlawful for us to exclude or restrict liability.
15.2 Subject to clause 15.1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.
15.3 Subject to clause 15.1, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products.
15.4 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
16. EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control.
17.1 If you become subject to any of the events listed in clause 17.2, we may terminate the Contract with immediate effect by giving written notice to you.
17.2 For the purposes of clause 17.1, the relevant events are:
(a) you suspend, or threaten to suspend, payment of your debts, or are unable to pay your debts as they fall due or admit inability to pay your debts, or (being a company or limited liability partnership) are deemed unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986, or (being an individual) are deemed either unable to pay your debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986, or (being a partnership) have any partner to whom any of the foregoing apply;
(b) you commence negotiations with all or any class of your creditors with a view to rescheduling any of its debts, or make a proposal for or enter into any compromise or arrangement with your creditors;
(c) (being a company) a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up of the company, other than for the sole purpose of a scheme for a solvent amalgamation of the company with one or more other companies or the solvent reconstruction of the company;
(d) (being a company) an application is made to court, or an order is made, for the appointment of an administrator or if a notice of intention to appoint an administrator is given or if an administrator is appointed over the company;
(e) (being a company) the holder of a qualifying floating charge over the company's assets has become entitled to appoint or has appointed an administrative receiver;
(f) a person becomes entitled to appoint a receiver over your assets or a receiver is appointed over your assets;
(g) (being an individual) you are the subject of a bankruptcy petition or order;
(h) a creditor or encumbrancer of attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of your assets and such attachment or process is not discharged within 14 days;
(i) any event occurs, or proceeding is taken, with respect to you in any jurisdiction to which you are subject that has an effect equivalent or similar to any of the events mentioned in clause 17.2(a) to clause 17.2(f) (inclusive);
(j) you suspend, threaten to suspends, cease or threaten to cease to carry on all or a substantial part of your business;
(k) your financial position deteriorates to such an extent that in our opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy; and
(l) (being an individual) you die or, by reason of illness or incapacity (whether mental or physical), are incapable of managing your own affairs or become a patient under any mental health legislation.
17.3 Without limiting our other rights or remedies, we may suspend provision of the Products under the Contract or any other contract between us if you become subject to any of the events listed in clause 17.2(a) to clause 17.2(l), or we reasonably believe that you are about to become subject to any of them, or if you fail to pay any amount due under this Contract on the due date for payment.
17.4 On termination of the Contract for any reason you shall immediately pay to us all of our outstanding unpaid invoices and interest.
17.5 Termination of the Contract, however arising, shall not affect any of the parties' rights, remedies, obligations and liabilities that have accrued as at termination.
17.6 Clauses which expressly or by implication survive termination of the Contract shall continue in full force and effect.
18.1 Assignment and other dealings.
(a) We may at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of our rights or obligations under the Contract.
(b) You may not assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of your rights or obligations under the Contract without our prior written consent.
(a) Any notice or other communication given to a party under or in connection with the Contract shall be in writing, addressed to that party at its registered office (if it is a company) or its principal place of business (in any other case) or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service, commercial courier, fax or email.
(b) A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address referred to in clause 18.2(a); if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; if delivered by commercial courier, on the date and at the time that the courier's delivery receipt is signed; or, if sent by fax or email, one Business Day after transmission.
(c) The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
(a) If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.
(b) If any provision or part-provision of this Contract is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.
18.4 Waiver. A waiver of any right or remedy under the Contract or law is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. No failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
18.5 Third party rights. A person who is not a party to the Contract shall not have any rights to enforce its terms.
18.6 Variation. Except as set out in these Conditions, no variation of the Contract, including the introduction of any additional terms and conditions, shall be effective unless it is in writing and signed by us.
18.7 Governing law. The Contract, and any dispute or claim arising out of or in connection with it 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.
18.8 Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract or its subject matter or formation (including non-contractual disputes or claims).
STAR QUALITIES LIMITED ACCEPTABLE USE POLICY
This acceptable use policy sets out the terms between you and us under which you may access our website www.starqualities.com (our site). This acceptable use policy applies to all users of, and visitors to, our site.
www.starqualities.com is a site operated by Star Qualities Limited (we or us). We are a limited company registered in England and Wales under company number 07653211 and we have our registered office at Blackthorn House, Rolleston Road, Skeffington, Leicester LE7 9YD. Our main trading address is at 1 Holly Court, Tring Road, Wendover, Buckinghamshire HP22 6PE. Our VAT number is 199 1909 52.
You may use our site only for lawful purposes. You may not use our site:
• In any way that breaches any applicable local, national or international law or regulation.
• In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
• For the purpose of harming or attempting to harm minors in any way.
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards below.
• To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
• To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree not to:
• access without authority, interfere with, damage or disrupt:
• any part of our site;
• any equipment or network on which our site is stored;
• any software used in the provision of our site; or
• any equipment or network or software owned or used by any third party.
We may from time to time provide interactive services on our site, including, without limitation:
• Chat rooms.
• Bulletin boards.
• Social media buttons. These will give you access to third party social media platforms which are not provided or controlled by us, and you should refer to the third party’s terms and conditions in this regard.
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
The use of any of our interactive services by a minor is strictly prohibited.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it.
You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.
• Be accurate (where they state facts).
• Be genuinely held (where they state opinions).
• Comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
• Contain any material which is defamatory of any person.
• Contain any material which is obscene, offensive, hateful or inflammatory.
• Promote sexually explicit material.
• Promote violence.
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Infringe any copyright, database right or trade mark of any other person.
• Be likely to deceive any person.
• Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
• Promote any illegal activity.
• Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
• Be likely to harass, upset, embarrass, alarm or annoy any other person.
• Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
• Give the impression that they emanate from us, if this is not the case.
• Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
SUSPENSION AND TERMINATION
We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
• Immediate, temporary or permanent withdrawal of your right to use our site.
• Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
• Issue of a warning to you.
• Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
• Further legal action against you.
• Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
CHANGES TO THE ACCEPTABLE USE POLICY
We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.
General Terms & Conditions for the Olaplex® No.2 Promotion
1. These general conditions (the “Terms and Conditions”) apply specifically and only to the Olaplex® No.2 promotion, (the “Promotion”) consisting of one free 2 litre bottle of Olaplex® No.2 (the “No.2”) with each purchase of an Olaplex® Salon Kit during the Promotion and purchased at the recommended Salon Price.
2. The Promotion is organised by Star Qualities Limited, Blackthorn House, Rolleston Road, Skeffington, Leicester, Leicestershire, LE7 9YD, United Kingdom (“Star Qualities”) in its capacity as Distributor of Olaplex® products in the United Kingdom and continues whilst limited stocks last and is subject to availability.
3. By participating in the Promotion, you, the participant (“the Participant”), agree to the Terms and Conditions and Star Qualities Limited’s normal terms and conditions of sales (the “SQT&C”) found on the reverse of each Star Qualities Sales Invoice. For the sake of clarity, and for the avoidance of doubt, your attention is particularly directed to paragraphs 2.6 & 2.7 of the SQT&C and which are set out in full below (3.1 & 3.2 respectively).
5. The benefits of the Promotion are personal to the Participant and are not transferable, exchangeable, or payable in cash or other products or services.
6. The Promotion is designed to meet both the needs of the salon of the Participant and the needs of clients visiting the salon.
7. The Promotion is not available with any other incentive or promotion.
8. The supply of No.2 in the Promotion is provided to the Participant free of charge and is subject strictly to the following provisions.
8.1 By electing to participate in the Promotion, the Participant expressly agrees to the following:
8.1.1 The Participant shall only use the No.2 for the benefit of its salon clients (“Salon Clients”) and shall further limit the use of No.2 to within the Participant’s salon premises; and
8.1.2 Under no circumstances whatsoever, shall the Participant gift, sell, or in any way part with, or in any way make available the No.2, or any part thereof, to any third party, other than Salon Clients within the Participant’s salon premises.
9. Star Qualities has the right, at its sole discretion, to disqualify any Participant if Star Qualities believes that a Participant is not acting in conformity with the Terms and Conditions or if a Participant is otherwise, directly or indirectly, acting fraudulently in respect of the Promotion.
10. Star Qualities is entitled, at its sole discretion and without notice, to change or modify the Terms and Conditions for the duration of the Promotion and without giving a reason to discontinue, modify or adapt the Promotion for any reason without any obligation to compensate any damages on behalf of any Participant or actual or prospective. Any changes or adaptations to the Promotion will be made public in an appropriate manner.
11. This promotion and these Terms and Conditions, and any dispute or claim arising out of or in connection with them, are governed by English law and subject to the jurisdiction of the English courts. Nothing in these Terms and Conditions, including this paragraph, affects your statutory rights.
12. If one or more or part of the conditions of the Terms and Conditions are void or invalid, this will not affect the validity of the remaining conditions in the Terms and Conditions.