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Terms & Conditions
Castelli Diaries Limited’s registered office at Dowding Way, Tunbridge Wells, Kent TN2 3UY.
Castelli Diaries Limited’s trading address Dowding Way, Tunbridge Wells, Kent, TN2 3UY.
Company registration number: 02885440.
VAT registration number: 619346526.
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.
2.1.1 For corporate orders an electronic order acknowledgement will be sent to the email address provided for your approval. Approval is by way of placing a ‘tick’ in the box provided and 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 of the services provided by Castelli.
2.1.2 For internet orders you place an order for products using the website by pressing the confirm button and by completing the checkout process. 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 Whilst all descriptions, illustrations and supporting documentation of goods, services have been carefully prepared, they are intended nevertheless for general guidance only and do not form part of any contract for sale of goods. Therefore any typographical, clerical or other error or omission in any art proof, product sample, sales literature, website information, 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 and you have approved our Order Acknowledgement.
2.5 Samples are only submitted as indicative of the products, options and applied processes quoted. They are supplied without any guarantee as to the comprehensive specification of the bulk requirement. We are continually improving our products and therefore specifications are subject to change. Each Order is made on the basis that sales are by description and not by sample or previous order specification, unless otherwise agreed by us in writing. Samples of dated stock products, including carriage, are sent to our approved trade customers at our complete discretion free of charge up to a set budgeted amount. Samples of our undated items, including carriage are liable to charges. If next day or any special delivery is requested it will be charged at cost. Sample orders that are supplied free of charge, will be supplied at our absolute discretion and only within a customer’s set free budgetary allowance. On reaching the value of the free set limit, we reserve the right for subsequent sample orders to charge at the list price less a 50% discount off the published trade price, with carriage charged in full, at our absolute discretion. Branded sales samples for a prospective customer’s logo, including carriage, are also free at our discretion, up to a set budgeted amount. All dies and carriage are invoiced in full. After 1st August we may decline to process such requests conditional on production capacity, if it is possible to process such a request a set up charge will be invoiced.
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, except when they have been personalised, 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. Any damaged or faulty products will require photographic evidence to be sent to Castelli electronically. On assessment of this and subsequent information Castelli will decide what the subsequent appropriate action will be and advise. All claims MUST be made within 7 days of receipt of order, and goods must be returned within 14 days. For internet shop orders where personalisation of the product has been ordered no refunds will be given, the order will only be replaced if they are found to be faulty, incorrect or damaged. 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.
2.9 Orders received shall be accepted at our absolute discretion.
2.10 Branding products is not a precise process and as such the results may differ between each unit produced. Castelli do not accept responsibility for any variation in the branding process. If you have chosen a branding method that is not recommended by Castelli on the material you have chosen, but still wish to proceed. You are requiring that Castelli 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, as Castelli sees fit, for any reason, including but not exclusively to conduct brand and sales activities, to amend, change or reassign any aspect of a potential order, unconfirmed order or acknowledged order, and or to change an order and 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.
2.16 Castelli order details and guidelines that apply to your order. These terms may be as expressed in your published price list or be in addition to the conditions that you were aware of pre ordering.
2.16.1 Branding Castelli products requires digital artwork. Artwork is to be supplied in the forms outlined in our Artwork Guide found on our corporate website www.castellicorporate.co.uk. If amends or corrections are required, Castelli will charge (Including proofing) a min charge of £12.00 per amendment or instruction.
Free product branding templates for branding guides are available from the Castelli Corporate website, www.castellicorporategifts.co.uk.
If no position is stated for the branding, we shall brand where we consider it is to the best advantage at our absolute discretion. If a special position is required exact measurements must be supplied, if not, we cannot be held responsible. If no positional proof is required please state this on your purchase order detailing the position required including the official Castelli logo Identification number. Where there is a change of logo within one order we shall either split and charge in the quantities ordered for each individual logo or charge for each extra logo, whichever is the least expensive. Repeat orders using the branding dies used from prior years eventually wear out after heavy use, we may have to request new artwork for a replacement to be made. Replacement dies will be charged at normal rates. Customer blocking dies, will be held by Castelli for a maximum of 3 diary seasons post manufacture/usage.
Castelli are no longer accepting new customer supplied dies to ensure we maintain service levels and quality. For existing customer supplied dies we have used and have accepted in the past, we will look at the quality of the die and will recommend if this can be used again or requires replacing. If the die requires replacing Castelli will set, proof, catalogue and store the new branding die at our standard branding die rate, making use of our branding machinery that has been invested in providing excellent branding results and speed. Castelli regret that for new orders we will be unable to enter the order onto our production system unless a Castelli die is used.
2.16.2 Where there is a change to an order previously confirmed, an Admin Order Change charge will be invoiced. An Admin Order Change per order per change will be applied if after an order is confirmed by Castelli, or a specification order change is submitted. All order changes are to be supplied in writing and agreed in writing by Castelli. If Castelli do not reissue an order acknowledgement or state in writing that the changes are accepted the changes have not been authorised and the order specification will remain unchanged.
2.16.3 Orders that are less than our published minimum quantities will incur extra charges. An order for stamped product that is fewer than the minimum indicated on the price list, will be charged at the lowest quantity price plus a minimum branding quantity charge, per logo design.
2.16.4 If you require advertising/brand advertising content there is a significant advantage in the supply of print ready artwork. Art that is supplied to our specification, that does not require alteration, will help your order to be processed in the most efficient manner. If you are unsure what print ready artwork we required a complete artwork specification is available from the Castelli Corporate website along with free page templates. If content is supplied that requires typesetting, we are a Mac based company throughout and although we can accept most forms of software applications, if supplying PC format please be aware there may be a cost incurred for reformatting. Charges are dependent on sight of files. Please contact our Artwork Department for all associated costs. All art/typesetting created by Castelli will be proofed. This service is included within the overall artwork charge unless otherwise specified. If you require a contract cromalin colour proof these are available POA. We do not accept printed content supplied.
2.16.5 Whilst every effort is made to supply the exact quantity of printed merchandise ordered, a 3-5% allowance must be made for over and under-runs, even if a customers order states that there are to be no quantity over or under runs. If an exact quantity of stock products is required a surcharge will be applied to allow for spoilage. It is impossible to produce an exact quantity for custom orders.
2.16.6 All orders will have an individual planned delivery date specified. Production time for all orders varies depending on product availability, production capacity and the size and complexity of the order. Planned production times will be advised to you. If you require your orders to arrive faster than is our normal stock delivery lead time. It may be possible to deliver orders under the normal stock production time on payment of an express charge. This charge can vary depending on the production capacity, size and complexity of the order. Please ensure you have received your order acknowledgment. It is your opportunity to ensure that your order details are correct and to approve its contents enabling the order to be processed. Castelli accept no responsibility, for the information detailed on your order acknowledgement or guarantee the reception of your order acknowledgement. Production, for any order placed with Castelli, begins once the receipt of complete order information and/or the approval of proofs. We shall do everything to meet agreed delivery dates but we will not be held responsible nor accept any liability should the date not be met. All production times can vary due to the seasonality of the business.
2.16.7 Castelli offer a gift wrap service, please request further details from a Castelli representative.
2.16.8 Corporate Trade Customer Self-Advertising orders must be placed before 1st August. A discount off the Trade list price may be given at Castelli absolute discretion. Carriage plus the cost of a die if required will be charged at our absolute discretion.
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. The company reserves the right to apply a charge for the use of Credit or Debit Cards.
5. VAT
5.1 All prices, except RRP prices shown are exclusive of VAT, which is charged where applicable.
6. Delivery & Collection
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 are to 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, at the customer expense. We are also not responsible, in the absence of full information for the pricing detailed on order acknowledgments or any other correspondence being incorrect as a result. We are also not responsible for orders with incorrect or missing information should they not reach you as specified, or should you incur additional charges as a result. Carriage charges are detailed either on our website or on your price list which can be found on our website. Consignments over +8 cartons may be palletised to keep charges to a minimum. If this is not acceptable please clearly specify on the purchase order supplied. If special delivery instructions are to be followed please clearly specify on the purchase order. Special requirements are costed separately and invoiced as extras. Charge rates may change with prior notification. All delivery costs prior to shipping are estimates and therefore are subject to change. Final costs will be advised on the invoice.
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 Redeliveries of goods, or if the recipient does not take delivery of the goods on the stated date, a redelivery cost at standard shipping rates will be charged automatically without notification.
6.6 Standard internet shop orders will be despatched within 48 hours, personalised orders take longer, orders subject to stock availability, unless over the Christmas holidays. We aim to deliver your order as specified on our delivery pages on the Castelli website. 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 upon delivery location, UK, Europe or the Rest of World and the service selected will effect the cost and delivery time. If you are unsure please check with Castelli prior to placing your order.
6.7 Collections of goods that are to be collected by a customer or third party must do so only when the consignment is complete and has previously been agreed in writing by Castelli, charges may apply. Collection of any consignment from a Castelli premises must be advised in writing and agreed 48 hours prior to the collection date. On collection of the goods you will be requested to give the Order references including Castelli Order acknowledgement number and the clients invoice address details. You may also be required to give proof of identity and the written authority that you are authorised to collect the goods. If these documents are not provided on request the consignment will not be released. If at any time an agreed collection of the goods fails to occur at the appointed time. Castelli reserve the right to either store the consignment at a daily storage charge of up to @£35.00 per day and or deliver the consignment to the company’s invoice address via any means without prior warning or notice, storage and shipping charges will be invoiced accordingly. Instructed collections of goods, arranged by Castelli UK from a customer’s address, will be charged at the standard shipping cost. Internet order returns are to be returned at the purchasers cost. We may at our complete discretion enclose a paid return address label. We reserve the right to refuse returned items which are not returned in accordance with our returns procedure and we may request that you pay for the shipping of such goods back to you.
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. Commission
9.1 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.
9.2 On receipt of a commission order to Castelli, order acknowledgements will be sent directly to the Customer to approve. The agent will be sent a copy of the acknowledgement and a self-billing invoice. The amount of commission paid will be the difference between the trade price and the agent’s Selling price to the user. Order overages supplied to the customer are not commissionable. Commission is paid weekly by BACS directly to the agents bank account following the receipt of the order. Any commission must be repaid to Castelli (Diaries) Ltd, should the order be cancelled or not delivered for whatever reason. Commission must also be repaid should an order become a bad debt. We shall seek your assistance in collecting any monies that are overdue.
10. Data Protection Act
10.1 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.
10.2 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.
11. Variations
11.1 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.
12. Notices
12.1 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.
13. Changes
13.1 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, policies, terms, or conditions. Changes will be communicated to you and if accepted will be effective immediately and will be incorporated into this agreement.
14. Waiver
14.1 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.
15. Invalidity
15.1 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.
16. Jurisdiction
16.1 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.
16.2 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.
17. Licence
17.1 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.
17.2 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 17.1 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.
17.3 Subject to clause 17.1, 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.
17.4 Any rights not expressly granted in these terms are reserved.
18. Service Access
18.1 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.
18.2 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.
19. Visitor Material and Conduct
19.1 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.
19.2 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).
19.3 You may not misuse the Website (including, without limitation, by hacking).
19.4 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 19.2 or 19.4.
20. Links to and From Other Websites
20.1 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.
20.2 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.
21. Registration
21.1 To register with Castelli you must be over eighteen years of age.
21.2 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.
21.3 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.
21.4 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.
22. Disclaimer
22.1 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.
22.2 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.
23. Liability
23.1 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.
23.2 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.
23.3 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.
23.4 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.
23.5 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.
23.6 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.