Terms and conditions
Our aim at Dark Star Merch is a happy cosplayer (or should we say ‘customer’) who will use us again, and recommend us to fellow cosplayers and costumers whenever possible. We strive to offer the best service we are able to provide as a small family business (we’re not a huge corporate manufacturing company) and always hoping to meet (or exceed) your expectations with both the products and our service. We get that ‘misunderstandings’ can lead to disappointment, and we therefore highly recommend that you read and understand these terms and conditions so that it is clear from the outset where our mutual responsibilities lie.
Some customers will just ‘tick the box’ and carry on with completing an order but please be aware that we are trying to do everything right here, so by ‘ticking the box’ you are confirming that you have read, understood, and accept our terms and conditions of sale. There can be no “well I didn’t see that bit on your terms..!” afterwards.
Its not all ‘small print’ – it is clearly laid out for you to read and understand, with no hidden clauses or catches. Should you require any clarification on any point listed here, please do contact us via our chat system or the on line enquiry form and we will do our best to assist, clarify, and to hopefully resolve any questions you have to prevent any dispute or falling out afterwards.
1 Definitions:
1.1 The ‘Customer’ – the person purchasing Goods from the Company.
1.2 The ‘Company’ – referred to as; We, Us, Our, or Dark Star Merch.
1.3 ‘Goods’’Items’ – the product(s) supplied by the Company.
1.4 It is understood by the company, that in deciding to proceed with an order and by ticking the terms and conditions box on the payment page, the Customer is agreeing with and fully understands and accepts the terms set out in this document.
2 Service Summary:
2.1 Dark Star Merch offers bespoke laser cutting, engraved and printed products, along with fabrication, production, design, consultancy and the provision of other goods and services, generally associated with, but not limited to working with lasers, printers and other blade cutting machines.
2.2 Our website offers a wealth of advice on the products we offer and what to expect from us. Please refer to https://darkstarmerch.com or ask us directly for clarification and advice, we’re happy to help.
2.3 All Goods are supplied on the understanding that these terms are fully understood and accepted.
2.4 Before placing your order you will have the opportunity of identifying whether you have made any input errors or quantity errors by checking and reading the items listed/displayed in your basket, prior to confirmation of, and payment for, your order. You can amend, or even cancel some or all of the items in your order, by amending the quantity details on the basket page. Items with customisation details (such as badges and plates etc..) that need editing or correction will need to be removed from the basket first, and the correct item added again. You cannot correct customisation details in the basket area of the order system.
2.5 Should you proceed with your order and payment, it is deemed that you have checked your order and accept the correctness of it contents.
2.6 We reserve the right to withhold, sell, or provide any of our products and/or services to any Customer, and where required issue refunds for orders we deem cannot be fulfilled for any reason.
3 Price and Payment:
3.1 Prices are inclusive of VAT but exclusive of postage and packing charges, which will be added to your order at the checkout stage. Goods must be paid for online via the ordering system prior to manufacture and dispatch.
3.2 We accept no responsibility to provide services that are not specified in the product or service description i.e. additional insured carriage or additional post laser finishing work.
3.3 All payments will be made online at the time of order via a secure 3rd party payment processing services. No debit or credit card details are seen or stored on our system.
4 Packing and Delivery:
4.1 We have a standard of packing which will comprise of either padded envelopes, packing foam, corrugated packing card and wrapping film in whatever combination we deem fit for purpose, suitable for the delivery method we are responsible for. In most cases this will be Royal Mail or Parcel Force.
4.2 Unless stated, delivery is not included in the price of any products and will be added to the order once the destination country has been selected in the ordering system.
4.3 For the passing of risk, Our responsibility for accidental damage ends once the goods leave our premises.
4.4 If Goods are damaged in transit, the Customer should seek recompense from the carrier’s insurance. We will render whatever assistance is possible in this regard.
4.5 To try and keep the total order value cost to an acceptable level and provide a balance of cost and speedy delivery of the Goods to the Customer, our offering for all postage and packing of Goods is standard 1st Class Royal Mail (envelopes and small / medium parcels) or Parcel Force (for larger items) at their base level with standard compensation cover which is (at time of writing) £20 for Royal Mail and £100 for Parcel Force.
4.6 Additional shipping requirements such as tracked deliveries or extended ‘cover in transit’ insurance if required by the Customer should be requested and will be quoted for and agreed in advance.
4.7 If there is no communication from the Customer following delivery of the Goods, the Company will assume that all is well with the Goods. Any claims for damage or loss must be submitted to the Company in writing via the Company website online form within 48 hours of delivery or expected delivery. We have no responsibility to address claims or investigate damage claims after this time.
4.8 Where the Goods are being shipped outside the United Kingdom it is the duty of the Customer to request any additional ‘cover in transit’ or tracking services the Customer may require. No liability is accepted by the Company for damage in transit. Furthermore, the Customer is solely responsible for any additional duty, taxes, or fees that may be applied to the shipment on delivery to the Customer by any authorities and/or shipment provider.
5 Drawings and Artwork:
5.1 For Customers requiring custom plates and engraving, we can can produce bespoke artwork. The initial artwork and any subsequent changes to artwork should ideally be confirmed in writing, as we cannot be held responsible for misinterpretation of a Customer’s verbal instructions.
5.2 In some special cases, artwork may need to be produced before any work can be accurately costed and/or quoted for, and in these cases the Customer may be liable for artwork charges even if the project does not proceed. We will provide a costing for these artwork services prior to commencing.
5.3 Laser engraving / laser etching / custom printing can be undertaken using high quality digital bitmap images of 300dpi and above or (preferably) with vector artwork in .ai .cdr or .eps format (with all fonts converted to curves/outlines, NOT EMBEDDED) supplied by the Customer. The quality of the artwork and the properties of the material or object will affect how the finished image(s) will be marked / printed on the piece. We will always aim to optimise results and recommend testing wherever possible, to give the Customer a realistic expectation of the final result. Any additional costs associated with this may be charged to the Customer.
5.4 The Company only commits to saving Customer design files for the duration of the current project, should you like us to keep drawings on file for future use, please advise and arrangements will be made.
6 Materials:
6.1 Every precaution will be taken to ensure that the materials offered by Dark Star Merch are of a high standard, and tested for laser and/or print suitability.
6.2 Variations will occur in both natural materials (such as wood) and manufactured materials (such as laminates, acrylic, metals and ceramics) for which we have no control over. For example, in the case of a sheet of cast PERSPEX with a thickness of between 2mm to 25mm, there is a manufacturing tolerance of +/-10% plus 0.4mm, so a 5mm cast sheet could vary from about 4.46mm to 5.54mm in thickness. In the case of wood and ply products, wood grain will differ from sheet to sheet and cut piece to cut piece and it is highly unlikely that any two pieces will be perfectly matching in both colour and/or grain. It is not Our responsibility to pre-check material thickness or other parameters before commencing laser work, as we will take the manufacturers specification details in good faith, and use these materials in the accepted way.
6.3 We will not be held accountable for any inconsistencies in material that could result in inaccuracies with the cutting, engraving and printing, although every effort will be taken to ensure the best results.
6.4 Please note that the dimensions and cut sizes of plates/plate sets that We make for specific tool chests, storage boxes, containers etc.. are based on measurements taken from physical tool chests, storage boxes, containers etc.. and whilst We do try to build in a small tolerance for fitting, We have no responsibility or liability should the tolerances fluctuate in the manufacture of said tool chests, storage boxes, containers by their individual manufacturers.
7 Copyrights, Intellectual Property Rights and Confidentiality:
7.1 If the Customer requires a customised item/plate(s)/Goods and requests that we work with Copyrighted designs, owned by the Customer or a 3rd party, it will be assumed that the Customer has obtained and granted all relevant permissions, and We will not be liable for any Copyright breach whatsoever when acting on the Customers instructions.
7.2 Any design or product designed by the Company, remains the intellectual property of the Company regardless of whether it has been specifically protected by Copyright, Trade Marks, Patents, Design rights or Registered Designs, and can only be used under license with written permission from the Company, with all rights reserved.
7.3 We retain the right to use images of Customer work on our website or social media for the promotion of our services and products. If you do not want images of your work shared digitally, please let us know in advance. Should you subsequently decide to withdraw permission; images will be removed at the Customers request during the next revision of the website/social media upload.
7.4 No unauthorised duplication of any element, completed work, artwork, or designs without Our written permission.
8 Replacements and refunds:
8.1 A replacement will always be offered in the first instance if the error lies with the Us due to a fault on the machine, incorrect processing or wrong materials used. If a replacement isn’t possible and the fault is with Us, a refund will be paid within 28 days of refund confirmation.
8.2 If a fault is due to unexpected results, file set up issue from the Customer or unrealistic expectations, a cost for making changes and recutting/engraving will be passed on to the Customer. A refund will only be offered if the error is on the part of The Company.
8.3 Under the Consumer Contracts Regulations 2013 (the replacement for the Distance Selling Regulations Act) any Goods that have been made to order, customised, branded, coloured, engraved, printed etc.. specifically for the Customer cannot be returned for a refund due to a ‘change of mind’ or for any other reason, as the item in question is completely unique to that Customer i.e. it is not an ‘off the shelf stock item’.
8.4 Once a plate set has been cut or an item printed and made for the Customer, it is unique to the Customer regardless of the size or finish (see 8.3 above) therefore the Goods cannot be returned, refunded, exchanged or re-worked should the Customer change their mind on the design or discover that they have ordered the wrong Goods. We have gone to great lengths to ensure that there is plenty of visual information, text descriptions and details on each product page on the website to ensure that the Customer can order the correct Goods. Please read everything and check the specifications before ordering. If in doubt please contact us before ordering any Goods.
8.5 If standard ‘non-personalised’ and un-customised Goods such as but not limited to generic decals and stickers, kit box discs etc.. are ordered, you have the right to cancel an order for these Goods and request a refund from the moment you receive your order confirmation email and within 14 days from the day you receive your Goods, and you then have a further 14 days to send the Goods back to us.
8.5.1 All returns for refund must be approved by us beforehand and the Customer must obtain a Returns Reference BEFORE sending any Goods back to us. Postage charges for any returned Items must be paid for by the Customer and are not part of the refundable amount. To be clear, We will only refund the value of the Goods being returned. All Items being returned must be sent by a registered and/or tracked postal service so that there is proof for both parties that Goods have been sent by the Customer and said Goods have also been received by Us. All Refunds will be made via the original payment method made. No cash alternatives will be offered.
9 Consequential Loss and Variation:
9.1 In the event that the Company fails to deliver Goods or service by an agreed date, or that the Goods fail then the Company shall not be liable for consequential loss.
9.2 No addition to or variation of these conditions will bind the Company, unless it is specifically agreed in writing and signed by Us.
9.3 No agent or person employed by or under contract with the Company has the authority to alter or vary these conditions in any way, unless it is specifically agreed in writing and signed by Us.
10 Law:
10.1 All orders shall be governed by and construed in accordance with the law of England and the Customer shall submit to the jurisdiction of the English Courts. In the event that the Customer is situated outside the United Kingdom it will adhere to the law of England and submit to the jurisdiction of the English Courts.
10.2 We will not file a copy of these terms and conditions specifically in relation to your order. We reserve the right to update these terms and conditions on our website from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you download, print and retain a copy of these terms of sale for your records.