Website Terms & Conditions
Registered office: | Castelli Diaries Limited Dowding Way |
Company registration number: | 2885440 |
VAT registration number: | 619346526 |
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Trading address: | Dowding Way |
Confirmation by way of placing a ‘tick’ in the box provided is your confirmation to state that you have read and understood these Terms and Conditions and agree to comply with them. These Terms and Conditions should be read in conjunction with, our Privacy Policy, all order correspondence, instructions and guidelines associated with the order. If you do not agree with any elements of our Terms and conditions or Privacy Policy please do not proceed with any transactions or use any services provided by Castelli.
1. INTERPRETATION
1.1 “Conditions” means the standard terms and conditions of sale set out in this document “Goods” means the products and services which we are to supply to you in accordance with the order “Order” means the order placed by you with us for the goods “We/us” means Castelli Diaries Limited “You” means the person business or body corporate who places the order. “Service” means any Castelli order procedure.
1.2 The headings in these conditions are for convenience only and shall not affect their interpretation.
2. BASIS OF THE ORDER
2.1 Your order is conditional upon your prior approval of these Conditions. You shall purchase the Goods from us in accordance with any written order acknowledgement, electronic confirmation or proof approvals, quotations, price lists, submitted or received by any means, or any written order that we have accepted subject to these Conditions. Our acceptance of an internet shop order takes place when we despatch the order. When we despatch the order the purchase contract will be made and you will be charged, unless we have notified you that we do not accept your order or you have cancelled your order.
2.2 These Conditions shall govern the Order to the exclusion of any other terms and conditions. You may not assign, sublicense or otherwise transfer any of your rights under these Terms and Conditions.
2.3 Any typographical, clerical or other error or omission in any art proof, sales literature, quotation, price list, order, or other document issued by us shall be subject to correction without any liability on our part.
2.4 No Order submitted by you shall be deemed to be accepted by us, unless and until confirmed in writing by our authorised representative.
2.5 Samples are only submitted as indicative of the Goods quoted for without any guarantee as to the colour or quality of the bulk. Each Order is made on the basis that sales are by description and not by sample unless otherwise agreed by us in writing. We are continually improving our products and therefore specifications are subject to change. The information contained therein is also not necessarily the same as the previous year’s edition.
2.6 Any changes to the order agreement or the order detail itself once they have been acknowledged or are already in production must be agreed in advance in writing and may incur additional charges to the full value of the order and any other relevant costs incurred. By way of example but not exclusively, production time, stock management implications and administrative costs.
2.7 Cancellations of Orders will not be accepted unless agreed in writing by us and in the event of cancellation we are entitled to make a reasonable charge to you for the cancellation. Liability will be for the full value of the Goods and for any other relevant costs incurred. By way of example but not exclusively, production time, stock management implications and administrative costs. If you have purchased Goods from our internet shop and wish to return the Goods purchased. You may do so for any reason within 14 days of receipt for a full refund or exchange. The cost of returning the Goods will be borne by you. We will then provide you with a full refund of the amount paid or an exchange credit as required, within 30 days of receiving notice of your intention to cancel and or return your order. The right to return the Goods will not apply if you have used the Goods. This does not affect your statutory rights.
2.8 Every item we sell is carefully inspected before it is shipped. If merchandise is defective or damaged upon receipt please contact us immediately after your package arrives. Please always contact us BEFORE returning goods to us, so that we can advise on the most efficient means of delivery. All claims MUST be made within 7 days of receipt of order, and goods must be returned within 14 days. Postage charges will not be refunded unless the item is faulty. Returned goods must be in absolutely new and unused condition for refund. We are not responsible for packages that do not reach us. Please ask at the post office for a free certificate of postage.
If you wish to discuss any aspect of your order, please email shop@castelli.co.uk or call us on 01892 612215.
2.9 Orders received shall be accepted at our absolute discretion.
2.10 If you have chosen a blocking method that is not recommended by Castelli on the material you have chosen, but still wish to proceed. Confirmation in writing is necessary, this is an acceptance and instruction that Castelli may proceed and that you accept full responsibility for the representation of any artwork supplied. You agree that Castelli is not responsible for the representation of any artwork supplied.
2.11 You agree that you will not attempt to, or encourage or assist any other person to, circumnavigate or modify, an order or security technology or software that is part of the Castelli Service.
2.12 Electronic signatures, confirmations and approvals or online checkout confirmations in any form be it an email confirmation or any other electronic response to the Castelli Service at any stage, are absolute and binding. Electronic approvals and responses, for example artwork approvals, are responses to our Service. Responses automatically guide, without manual verification, an order through the Castelli order processing system. As a result you acknowledge that any electronic submissions received in response to a Castelli Service instruction, whether you activate the response or a third party that you have passed the information onto activates the response, will constitute your agreement and intent to be bound by and to be liable for such agreements and transactions.
2.13 Until accepted by Castelli any order supplied, acknowledged or otherwise given to Castelli to process, may be at any point refused, deleted, reassigned, suspended, held or any other action deemed necessary by Castelli, at Castelli’s absolute discretion without prior notice or explanation.
2.14 Castelli may also contact directly without prior notice or explanation, any party associated with the actual or potential sale, receipt or use of our products. Whether they be a trade customer’s customer, a user of Castelli products, or any other company or individual as Castelli sees fit, for any reason, including but not exclusively to amend, change or reassign any aspect of a potential order, unconfirmed order or acknowledged order, or an orders its specification.
2.15 Castelli reserve the right to change your order at any time with notification of the change due to Castelli’s changed capability to supply. By way of example but not exclusively such issues as stock levels or production limits.
3. PRICE
3.1 The price of the Goods shall be our quoted price or where no price has been quoted the price in our published price list, or the price published on our internet shop, current at the date of acceptance of the Order.
3.2 All prices quoted are valid for 30 days only or until earlier acceptance by you after which they may be altered without giving you notice.
3.3 All RRP prices shown within our internet shop include VAT (where applicable) at the current rates. We reserve the right to express the price exclusive of VAT, but we shall show VAT separately and include it in the total price. Where we charge separately for packaging, carriage and other relevant charges, the appropriate rates are set out in our Check out page.
4. PAYMENT
4.1 Unless otherwise notified within 7 days from the invoice date or agreed in writing you shall pay the price of the Goods (without deduction) within 30 days of date of invoice.
4.2 If you fail to make any payment on the due date then, without prejudice to any other right or remedy available to us we shall be entitled to:-
a) Cancel or suspend any Castelli orders and any further deliveries to you.
b) Appropriate any payment or commission due or payable made by you to any Goods as we see fit.
c) Charge you interest (both before and after any judgment) on the amount unpaid at the rate of 5% per annum above HSBC Bank Plc Base Rate from time to time until payment in full is made.
d) Collect the Goods as ordered without prior notice from the delivered address or invoice address. If the Goods are not available at the delivered or invoice address an administration/collection fee will be charged per collection requested.
e) Inform individuals or companies related or associated to the individual order or account as to the situation.
f) Any materials held by Castelli on a customer’s behalf, will be kept in Castelli’s possession and transferred to Castelli’s ownership immediately.
4.3 Paying by Credit or Debit Card. If you pay by credit or debit card, your credit card statement will show a payment to 'CASTELLI DIARIES LIMITED'.
All card payment details are stored securely using industry-standard 128-bit SSL security. Payments are processed automatically and Castelli employees do not have access to your complete credit card details.
5. VAT
5.1 All prices shown are exclusive of VAT, which is charged where applicable.
5.2 International internet shop orders - UK VAT. All prices shown in our online shop include UK VAT. If you order and require delivery to an address outside the EU, you do not have to pay VAT on your order. If you order from outside of the EU, but the delivery address is inside the EU, you do still have to pay VAT. When you complete the checkout process, our system will automatically apply a VAT refund after you have specified your country and will reduce the total amount payable accordingly.
6. DELIVERY
6.1 Any length of time indicated by us for delivery is an estimate only and shall be calculated from the date on which we receive instructions and all necessary information to enable us to proceed on an Order previously accepted by us.
6.2 Time for delivery is not, and shall not be made by the service of notice, of the essence of the contract to which these Conditions apply.
6.3 Delivery addresses and all other relevant shipping and delivery instructions MUST be supplied with your order. In the absence of full shipping instructions being supplied we reserve the right to ship the goods to the invoice address without prior notification. We are not responsible for orders with incorrect or missing information should they not reach you.
6.4 It may be necessary to contact you or your customers at the delivery address to facilitate a delivery, collection or any other purpose connected with Castelli’s Goods at the required address. If no contact information is provided we may find the details from any source and use these to establish contact without prior authorisation.
6.5 Standard internet shop orders will be despatched via standard UK mail and we aim to deliver your order within 3-5 working days. Leather Goods & Accessories orders may take up to 10-14 days, subject to stock. Particular higher value items may be despatched via Recorded Delivery or another nominated carrier depending on the size of the item(s). These methods are secure and we can track and trace the order. Orders sent via these methods will require a signature upon receipt. For those internet shop orders that total items over a quantity of 10 items, please contact Castelli to discuss alternative shipping arrangements. Prices and delivery times vary depending on delivery location, UK, Europe or the Rest of World.
7. INTELLECTUAL PROPERTY INDEMNITY
7.1 You shall indemnify us against all losses, damages, costs and expenses awarded against or incurred by us in connection with or paid or agreed to be paid by us in settlement for any claim for libel or for infringement of any patent, copyright, design, trademark, or other industrial or intellectual property rights of any person which results from our use of your specifications, blocking dies, designs and other goods or property.
8. MATERIALS
8.1 Written requests for the return of dies or artwork must be received within one year of use. Any artwork, screens and discs will be disposed of after this period.
8.2 Any property supplied to us by you including artwork, discs or dies will be held, worked on and carried at your sole risk. You shall be responsible for effecting and maintaining any insurance that you may consider necessary for your property at all times.
9. COMMISSIONS
We do not provide trade customers with exclusive areas or sole selling rights for any particular customers. This is in keeping with our policy that customers should be free to place orders wherever they wish. Accordingly, although we always aim to accept all orders placed, whether through agents/trade customer or not, we will only accept a sale as an agent’s sale, where, regardless of any previous transaction, the agent/trade customer is the effective cause of the sale. This is fairer to all agents/trade customers and gives better rewards to those who attract new business.
10. LIABILITY
10.1 Except in respect of death or personal injury resulting from our own
negligence, we will only be liable for loss or damage where this is proved (or accepted by us) to be the result of our own breach of contract, breach of statutory duty or tortuous act or omission and then only up to a maximum of the price of the Goods concerned.
10.2 We shall be under no liability in respect of any defect in the Goods arising from any drawing, design or specification supplied by you and we shall be under no liability if the total price for the Goods has not been paid on the due date for payment.
10.3 If any discount is claimed by an agent/trade customer, for whatever reason, we reserve the right to discuss the subject with the end customer. We shall not be bound by any agreement reached between a trade customer/agent made without our authority. Castelli’s claim procedure will be followed.
11. DATA PROTECTION ACT
In accordance with the Data Protection Act 1998, we reserve the right to transfer information about our customers who are sole traders or partnerships (other than limited liability partnerships) to our financiers. The full terms and conditions of such transfer of information are available on request.
11.1 We reserve the right to contact, send advertising material, receive orders directly to any existing or potential Castelli customer, or a user of Castelli products using information that may have been supplied by you or a third party.
12. VARIATIONS
We shall provide the Order to you subject to these Conditions. Any variations to the Order, charges or these Conditions must be agreed in writing by us.
13. NOTICES
Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed to the other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
14. CHANGES
Castelli reserve the right, at any time and from time to time, to update, revise, supplement and otherwise modify these Conditions and to impose new or additional rules, polices, terms, or conditions. Changes will be communicated to you and if accepted will be effective immediately and will be incorporated into this agreement.
15. WAIVER
No failure or delay by either party in exercising any of its rights under these Conditions shall be deemed to be a waiver of that right, and no waiver by either party of any breach by the other shall be considered as a waiver of any subsequent breach of the same or any other provision.
16. INVALIDITY
If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected.
17. JURISDICTION
The contract shall be governed by the laws of England, and the Buyer agrees to submit to the non-exclusive jurisdiction of the English courts. If the contract is agreed within the Republic of Ireland, the contract shall be governed by the laws of the Republic of Ireland, and the buyer agrees to submit to the non-exclusive jurisdiction of the Irish courts.
17.2 We do not warrant that materials/items for sale on the Website are appropriate or available for use outside the United Kingdom. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this Website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.
18. LICENCE
18.1 You are permitted to print and download extracts from the Castelli Website for your own use on the following basis:
(a) no documents or related graphics on this Website are modified in any way;
(b) no graphics on this Website are used separately from accompanying text; and
(c) any of our copyright and trade mark notices and this permission notice appear in all copies.
18.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by us or our web designers. For the purposes of these terms and conditions, any use of extracts from this Website other than in accordance with clause 5.1 above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
18.3 Subject to clause 5.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
18.4 Any rights not expressly granted in these terms are reserved.
19. SERVICE ACCESS
19.1 Castelli will not be liable if for any reason this Website is unavailable at any time or for any period. We shall however, endeavour to ensure access is available at all times.
19.2 In the case of system failure, maintenance or repair or for reasons beyond our control, access to this Website may be suspended temporarily and without notice
20. VISITOR MATERIAL AND CONDUCT
20.1 Other than personally identifiable information, which is covered under the Privacy Policy, any material you transmit or post to this Website will be considered non-confidential and non-proprietary. We will have no obligations with respect to such material. We and our nominees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
20.2 You are prohibited from posting or transmitting to or from this Website any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
(b) for which you have not obtained all necessary licences and/or approvals;
(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
20.3 You may not misuse the Website (including, without limitation, by hacking).
20.4 We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clauses 7.2 or 7.3.
21. LINKS TO AND FROM OTHER WEBSITES
21.1 Any links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
21.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:
(a) you do not remove, distort or otherwise alter the size or appearance of the Castelli logo;
(b) you do not create a frame or any other browser or border environment around this Website;
(c) you do not in any way imply that we are endorsing any products or services other than our own;
(d) you do not misrepresent your relationship with us nor present any other false information about us;
(e) you do not otherwise use any Castelli trade marks displayed on this Website without our express written permission;
(f) you do not link from a website that is not owned by you; and
(g) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
We expressly reserve the right to revoke the right granted in this clause 8.2 for breach of these terms and to take any action we deem appropriate.
21.3 You shall fully indemnify us for any loss or damage we or any of our group companies may suffer or incur as a result of your breach of clause 8.2.
22. REGISTRATION
22.1 To register with Castelli you must be over eighteen years of age.
22.2 Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network.
22.3 Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately.
22.4 We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.
23. DISCLAIMER
23.1 While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.
23.2 The material on this Website is provided "as is" without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website.
24. LIABILITY
24.1 We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.
24.2 Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.
24.3 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
24.4 You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.
Castelli Customer Privacy Policy 29/9/2009
Castelli’s Customer Privacy Policy covers the collection, use, and disclosure of personal information that may be collected by Castelli anytime you interact with Castelli, such as when you visit our website, when you purchase Castelli products and services, or when you call our sales or support associates. Please take a moment to read the following to learn more about our information practices. Your privacy is a priority to Castelli, and we go to substantial lengths to protect it.
Why we collect personal information
We collect your personal information because it helps us deliver a superior level of customer service. It enables us to give you convenient access to our products and services and focus on categories of greatest interest to you. In addition, your personal information helps us keep you posted on the latest product announcements, special offers, and events that you might like to hear about. If you do not want Castelli to keep you up to date with Castelli news, and or latest information on products and services click please contact Castelli www.web@castelli.co.uk. What information we collect and how we may use it. There are a number of situations in which your personal and your customer’s information may help us provide you with better products. We also collect information for our own sales, credit or commercial purposes,
whether it be a direct sales approach with potential or existing business or to aid our indirect brand awareness sales activities. We also collect your information for market research purposes, helping us to gain a better understanding of our customers and thus provide a more valuable service. We collect information regarding customer activities on our websites. This helps us to determine how best to provide useful information to customers and to understand which parts of our websites, products, and Internet services are of most interest to them. We may use personal information to provide products that you have requested as well as for auditing, research, and analysis to improve Castelli’s products.
When we disclose your information Castelli takes your privacy very seriously. Castelli does not sell or rent your contact information to other marketers.
Information may be shared within the Lediberg Group of which Castelli is a subsidiary, in order to help us provide superior service. Your personal information may also be shared with legal entities within the Lediberg Group who will take steps to safeguard it in accordance with Castelli’s privacy policy. With our service providers, vendors, and strategic partners, there are also times when it may be advantageous for Castelli to make certain personal information about you available to companies that Castelli has a strategic relationship with or that perform work for Castelli to provide products and services to you on our behalf. These companies may help us process information, extend credit, fulfil orders, deliver products to you, manage and enhance customer data, provide customer service, assess your interest in our products and services, or conduct customer research or satisfaction surveys. These companies are also obligated to protect your personal information in accordance with Castelli’s policies, except if we inform you otherwise at the time of collection. At times we may be required by law or litigation to disclose your personal information. We may also disclose information about you if we determine that for national security, law enforcement, or other issues of public importance, disclosure is necessary.
How we protect your personal information Castelli takes precautions including administrative, technical, and physical measures to safeguard your personal information against loss, theft, and misuse, as well as unauthorised access, disclosure, alteration, and destruction.
You can help us by also taking precautions to protect your personal data when you are on the Internet. Change your passwords often using a combination of letters and numbers, and make sure you use a secure web browser like Safari.
Integrity of your personal information
Castelli has safeguards in place to keep your personal information accurate, complete, and up to date for the purposes for which it is used. Naturally, you always have the right to access and correct the personal information you have provided. You can help us ensure that your contact information is accurate and complete, by informing Castelli in writing of any changes.
Cookies and other technologies
As is standard practice on many websites, Castelli’s website uses “cookies” and other technologies to help process orders, facilitate security password protected areas and help us understand which parts of our websites are the most popular, where our visitors are going and how much time they spend there. We also use cookies and other technologies to make sure that our online advertising is bringing customers to our products and services. We use cookies and other technologies to study traffic patterns on our website, to make it even more rewarding as well as to study the effectiveness of our customer communications. And we use cookies to customise your experience and provide greater convenience each time you interact with us.
If, however, you prefer not to enable cookies we may have to cease our normal service. Please contact www.web@castelli.co.uk for notification of your wish to disable cookies.
As is true of most websites, we gather certain information automatically and store it in log files. This information includes Internet Protocol (IP) addresses, browser type, Internet Service Provider (ISP), referring/exit pages, operating system, date/time stamp, and click stream data. We use this information, which does not identify individual users, to analyse trends, to administer the site, to track users’ movements around the site and to gather demographic information about our user base as a whole. Castelli will not use the information collected to market directly to that person. In some of our email messages we use a “click-through URL” linked to content on the Castelli website. When customers click one of these URLs, they pass through our web server before arriving at the destination web page. We track this click-through data to help us determine interest in particular topics and measure the effectiveness of our customer communications. If you prefer not to be tracked simply avoid clicking text or graphic links in the email. In addition we use pixel tags — tiny graphic images — to tell us what parts of our website customers have visited or to measure the effectiveness of searches customers perform on our site. Pixel tags also enable us to send email messages in a format that customers can read. And they tell us whether emails have been opened to ensure that we are sending only messages that are of interest to our customers. We may use this information to reduce or eliminate messages sent to a customer. We store all of this information in a secure database located in the UK. Our company wide commitment to your privacy is taken seriously. To make sure your personal information is secure, we communicate these guidelines to Castelli employees and strictly enforce privacy safeguards within the company.
Privacy questions
If you have questions or concerns about Castelli’s Customer Privacy Policy or data processing, please contact Castelli: www.castelli.co.uk, contact us.