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Indigostarfish.com Terms & Conditions
These terms and conditions govern the sale of products to you by Indigostarfish.com (hereafter "us") trading as an independent Merchant on the Amazon.co.uk platform.
Please read these conditions carefully before purchasing products from us. By ordering our products, you signify your agreement to be bound by these terms and conditions. In the event of any inconsistency between these terms and conditions and the terms and conditions of Amazon.co.uk, or the terms and conditions of the Amazon .co.uk Marketplace Participation Agreement, the terms and conditions of Indigostarfish.com shall prevail.
1. Our contract
When you place an order to purchase a product from us, you will be sent an e-mail by Amazon on our behalf confirming receipt of your order and setting out the details of your order. Your order represents an offer to purchase a product from us acting in our capacity as a Seller on the Amazon.co.uk Platform, which is accepted by us when we send an e-mail confirmation stating that we've dispatched that product to you (the "Dispatch Confirmation E-mail"). That acceptance will be complete at the time we send the Dispatch Confirmation E-mail. Any products on the same order which have not been confirmed in a Dispatch Confirmation E-mail as having been dispatched do not form part of that contract.
Items sold by us on the Amazon website are despatched from Jersey and can only be dispatched to locations within the UK (England,Northern Ireland,Scotland,Wales and all BFPO Addresses) and the Channel Islands.
3. Delivery Rates
Amazon has negotiated delivery rates on your behalf with us which can be seen on the Amazon.co.uk Delivery rates page.
If the total value of your Orders qualify for Amazon's Super Saver Delivery offer, or alternatively if you are an Amazon Prime Member, Amazon will fund the delivery costs associated with your Orders and will reimburse us directly on your behalf.
If for any reason you are unhappy with your purchase, you can return it to us in its original condition within 30 days of the date you received the item, unopened (with any seals and shrink wrap intact) and we will ensure that you will receive a full refund for the price you paid for the item. Please note: Indigostarfish.com can only accept the return of opened items if they are faulty.
This returns policy does not affect your statutory rights.
In addition to your 30-day returns guarantee, customers in the European Union are entitled to a statutory cooling-off period of seven business days. Details of this statutory right and an explanation of how to exercise it are provided in the order confirmation e-mail. You may access the Amazon Online returns process via the Indigostarfish.com Returns Policy.
5. Pricing and availability
We list availability information for products sold by us on the Amazon.co.uk platform. We cannot be more specific about availability. Please note that dispatch estimates are just that. They are not guaranteed dispatch times and should not be relied upon as such. As we process your order, we will inform you by e-mail if any products you order turn out to be unavailable.
Despite our best efforts, a small number of the products in our catalogue are mispriced. If a product's correct price is lower than our stated price, we charge the lower amount and send you the product. If a product's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before dispatch or cancel your order and notify you of such cancellation.
6. Ownership and title
All ownership, title and risk of loss and/or damage in the product you have purchased shall pass to you at the point and time at which such product leaves our premises in Jersey.
Where any amount of VAT is to be paid to HM Revenue & Customs, the price payable by the customer to Indigostarfish will be inclusive of that amount. If your delivery is outside Jersey, the addressee will be the importer of record and must comply with all laws and regulations of the country into which the products are delivered. The products may be subject to import duties and taxes, which are levied once the package reaches the country of delivery. Any such additional charges levied for customs clearance must be borne by you. Whilst at law, you will be liable for import VAT at the time of delivery into the UK, Indigostarfish will discharge that obligation on your behalf by making a payment of VAT to HM Revenue & Customs of an amount which is included in the price you pay for your purchase.
Indigostarfish.com are committed to protecting your privacy. We will only use the information collected from you lawfully (in accordance with the Data Protection Act 1998). We collect information about you for two reasons: firstly, to process your order and secondly, to provide you with the best possible service. The type of information we collect about you includes: your name, address, phone number and e-mail address. We will not pass on your details to any third parties. We will not e-mail you in the future unless it is to respond to any comments or queries you may have. The personal information which we hold will be held securely in accordance with the law. Please also review the Amazon.co.uk Privacy Notice, which governs your relationship with Amazon.co.uk on whose platform we are operating.
Indigostarfish.com does not sell products for purchase by children. We sell children's products for purchase by adults. If you are under 18, you may purchase products from us through the Amazon Marketplace platform only with the involvement of a parent or guardian.
10. Electronic Communications
When you transact with us or send e-mails to us, you are communicating with us electronically. We communicate with you directly or via Amazon.co.uk on our behalf by e-mail or by posting notices on the Amazon.co.uk website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
Indigostarfish.com will be responsible for any losses you suffer as a result of us breaching these conditions if the losses were reasonably foreseeable to both you and us when you submitted your order to us, or a contract for the sale of goods by us to you was formed. We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that was not reasonably foreseeable to both you and us when you submitted your order to us or when a contract for the sale of goods by us to you was formed. Indigostarfish.com does not limit in any way our liability by law for death or personal injury caused from our negligence or breach of duty.
12. Alteration of service or amendments to the conditions
We reserve the right to make changes to our policies, and these terms and conditions at any time. You will be subject to the policies and terms and conditions in force at the time that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
13. Events beyond our reasonable control
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control including but not limited to any statutory changes or rulings by any act or customs authority affecting the customs duty payable by you. This condition does not affect your statutory rights.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
15. Governing law and jurisdiction
Your relationship with us is governed by and construed in accordance with the laws of Jersey. You agree, as we do, to submit to the non-exclusive jurisdiction of the Courts of the Island of Jersey.
16. Our details
Indigostarfish.com is the trading name for Indigo Lighthouse Postal limited, whose registered office is at No 1, Wesley Street, PO Box 539, St Helier, Jersey JE4 5UT. Registered in Jersey No 71413.
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