Please read these terms and conditions carefully before using the website operated by Darkstar Hobbies Limited (‘we’, ‘us’, ‘Darkstar’, Darkstar Hobbies’) They contain important information about your rights and obligations. You can print out these terms and conditions by clicking on the print icon on your browser.
1.1. You are free to browse our website and view extracts of the products
1.2. If you wish to purchase products you may register to become a user and you will then be subject to these terms and conditions.
1.3. By clicking on the ‘I Accept’ box clearly shown on our website you agree to be legally bound by these terms and conditions as they may be modified and posted on our website from time to time.
1.4. If you do not wish to be bound by these terms and conditions then you may not use our website.
- The services available via the Darkstar website
2.1. Our website describes how you can use Darkstar in more detail. These terms and conditions govern your use of the Darkstar website at all times.
2.2. Our website is a place for you to purchase the products sold by the Darkstar.
2.3 We publish a newsletter for those members who wish to receive the same by expressly requesting receipt.
- Modifications To The Darkstar Website
We reserve the right to make changes or corrections, alter, suspend or discontinue any aspect of our website or the content or services available through it, including your access to it. Unless explicitly stated to the contrary, any new features including new content and/or new features shall be subject to these terms and conditions.
Please note that although we try to ensure that the content of our website is accurate, our website may contain typographical errors or other inaccuracies.
- Information You Provide To Us And The Data Protection Act
Your privacy is important to us and we will only use the information we collect about you in accordance with the Data Protection Act 1998. We collect information about you for two reasons, firstly to process your registration and second, to provide you with an excellent service. The following applies to any information you provide to us.
You authorise us to use, store or otherwise process any personal information which relates to and identifies you, including but not limited to your name and address, to the extent reasonably necessary to provide the services which are available through our website by us, our partners, successors (including the purchaser of the whole or part of our business), associates, sub-contractors or other third parties (together our ‘Partner Companies’).
We may use technology to establish patterns of behaviour of participants to our website. This includes the use of ‘cookies’ which are stored on your browser.
When you visit the Darkstar website the cookies will enable us to recognise you as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification. You can modify your browser to prevent such tracking.
By accepting these terms and conditions, you agree to the processing and disclosure of the Personal Information for the Purposes. If you would like to review or modify any part of your Personal Information then you should e-mail us at email@example.com
You undertake that you will not use our website for any purpose that is illegal or prohibited by these terms and conditions, including without limitation the posting, linking to or transmitting of any libellous, defamatory, inflammatory or obscene material. If you breach these terms and conditions then your permission to use this website terminates immediately without the necessity of any notice being given to you. We retain the right to deny access to any person who fails to comply with these terms and conditions.
We do not store any payment information or card numbers, security numbers or any information of any kind. All processing is completed by external partners through secure portals.
- Your Use Of The Darkstar Website And Your Security Obligations
You are solely responsible in all respects for all use of and for protecting the confidentiality of any username, email verification and password that may be given to you or selected by you when you join our website. You may not share these with or transfer them to any third parties. You must notify us immediately of any unauthorised use of them or breach of security regarding our website that comes to your attention. You are also solely responsible for restricting access to your computer. You must not impersonate any other person while using our website.
- How Our Website Is Governed
You assume total responsibility and risk for your use of our website and use of all information contained within it.
We have used our best endeavours to ensure that our website complies with UK laws, including without limitation, The E Commerce Regulations 2002, The Data Protection Act 1998, the Disability Discrimination Act 1995 and the general law. However, we make no representations that materials on our website are appropriate or available for use in locations outside the UK. Those who visit our website from other locations do so on their own initiative and are responsible for compliance with all applicable laws. If use of our website and/or viewing of it, or use of any material or content on our website, or products offered through our website or services, are contrary to or infringe any applicable law in your jurisdiction(s), you are not authorised to view or use our website and you must exit immediately.
- How To Join The Darkstar Service
If you wish to join the Darkstar service you must satisfy the following criteria:
You must be at least sixteen (16) years of age. If you under 16 you are not permitted to join Darkstar. You must provide us with personal details which includes your name, email address, postal address and (where appropriate) valid payment method(s) which are true and correct. You must update this information and notify us of any changes. We do not charge a subscription fee in connection with your use of the Darkstar
- Intellectual Property Rights
8.1 The contents of our website are a combination of original works produced by us, permitted imagery and other material. Our works are protected by international copyright laws and other intellectual property rights. We are the owner of these rights together with our affiliates or other third party licensors. All product and company names and logos mentioned in our website are trade marks, service marks or trading names of their respective owners, including us. You must not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any protected material or other information on our website including but not limited to the video, music, text, graphics, messages, codes and/or software. If you do any of the above you are breaking the law and infringing the copyright of the various copyright holders. We will not be responsible for your actions.
- Linked Sites
We make no representations whatsoever about any other websites which you may access through our website or which may link to our website. When you access any other website you understand that it is independent from us and that we have no control over the content or availability of that website. In addition, a link to any other website does not mean that we endorse or accept any responsibility for the content, or the use of, such a website and we shall not be liable for any loss or damage cause or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource. Any concerns regarding any external link should be directed to its website administrator or web master.
- Availability Of Our Website
We will try to make our website available but cannot guarantee that our website will operate continuously without interruptions or be error free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of our website and, in particular, you must not attempt to circumvent security, tamper with or hack into, or otherwise disrupt any computer system, server, website, router or any other internet connected device.
- Our Liability To You
Save as otherwise required by any statutory provision, we exclude all express or implied terms, conditions, warranties representations or endorsements whatsoever with regard to any material or information featured on our website or any information or service provided through our website.
We will do our best to ensure that all materials and information published on our website are accurate, but please note that all content, materials and information on our website are provided on an ‘as is’ basis and you assume total responsibility and risk for your use of our website and use of all information contained within it.
We accept no liability for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business (whether direct or indirect) in each case, however caused, even if foreseeable. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of our website, we accept no liability for this loss or damage whether due to inaccuracy, error, omission or any other cause and whether on our part or our servants, agents or any other person or entity.
You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our website, including sufficient connectivity and bandwidth and is compatible with our website. We cannot specify particular requirements which may vary. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from our website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
Neither we nor our shareholders, directors, officers, employees or agents shall be liable whether jointly or severably to you or any third party for any indirect, special, incidental or consequential loss or damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, arising out of or in connection with the use or performance of our website or any services or goods shall be limited to the sum of One Pound ( £1). The limitations and exclusions in this clause do not affect your non-excludable statutory rights and only apply to the extent permitted by applicable law.
- How To Cancel Your Membership With Darkstar
We sincerely believe you will be entirely satisfied with the Darkstar service. However if for any reason you are not fully satisfied you may cancel your membership within fourteen (14) days of our acceptance of your joining. You can cancel your membership to the Darkstar service at any time by email firstname.lastname@example.org. We will track this request and it will form part of your customer account history. We only accept cancellation requests via our website and are unable to accept cancellation requests made via email or by letter, SMS text message or any other method of communication. When your cancellation notice is accepted we will send you a confirmation email to the address notified by you upon joining.
- How We May Terminate Or Restrict Your Use Of The Darkstar Service
We reserve the right to terminate or otherwise restrict your use of the Darkstar service for any reason whatsoever. This may include where we believe that you are in breach of any of your obligations under these terms and conditions. If we do terminate as a result of a breach of any obligation under these terms and conditions such termination will be immediate and without notice. If we terminate your use of the Darkstar service for any other reason then we will give you thirty (30) days notice of such termination.
14.1 We may assign, transfer, novate or subcontract any or all of our rights and obligations under these terms and conditions at any time. However, the terms and conditions are personal to you and you agree to them purely for your own benefit and not for the benefit of any other party.
14.2 We may alter these terms and conditions from time to time and post the new version on our website, following which all use of our website will be governed by that version. You must check the terms and conditions on the website regularly.
14.4 Your membership to Darkstar is non-transferable and cannot be sold or traded in any manner.
14.5 If any provision or term of these terms and conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them.
14.6 These terms and conditions and your use of our website are governed by English law and you submit to the non-exclusive jurisdiction of the English courts.
14.7 Except in respect of a payment obligation, neither you nor us will be held liable for any failure to perform any obligation to the other due to causes beyond your or our respective reasonable control.
14.8 Failure or delay by either party enforcing an obligation or exercising a right under these terms and conditions does not constitute a waiver of that obligation or right.
14.9 These terms and conditions do not confer any rights on any person or party
(other than you and/or us) pursuant to the Contracts (Rights of Third Parties) Act 1999.
14.10 Unless the context otherwise requires the words and expressions used in these terms and conditions shall have the same meanings as are given to them in the Copyright Designs and Patents Act 1988 together with the Copyright and Related Rights Regulations 2003.
No partnership or agency is created by your joining Darkstar and neither party shall represent otherwise.
Neither you or Darkstar shall bring any proceedings against the other in respect of these terms and conditions unless the party intending to bring proceedings first makes a bona fide offer to participate immediately in a mediation conducted by a mutually agreed third party or a certified mediator and the other party has declined such offer. The costs of the mediator shall be borne by the party intending to bring proceedings but shall be subject to the mediation in any event. This clause shall not apply to the extent that one party requires immediate injunctive relief to protect its interests hereunder.
All notices shall be given to us via email at email@example.com; or to you at either the email or postal address you provide during the registration process. Notice will be deemed received when an e-mail is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or 3 days after the date of posting.
Please click on the ‘I Accept’ box clearly shown on our website to confirm
your acceptance of these terms and conditions.
- Trading Name
Darkstar Hobbies Limited is incorporated in England and Wales – 13929634