CASTLE'S CONSUMER TERMS AND CONDITIONS OF SALE OF PRODUCTS
(available on Castle's website and sent with all web,
telephone and faxed Formal Acceptance on an Order)
These Terms and Conditions are effective from 1st January 2004 until
further notice.
Your purchase whether through a Castle website or a Castle telephone
call centre, is subject to these Terms and Conditions. Please read
them carefully as they contain very important information about your
rights and obligations, as well as warranty limitations that may apply
to you.
The acknowledgment of receipt of an order shall not constitute
acceptance of an order.
A binding contract will only be formed upon Castle giving notice of its
Formal Acceptance of an Order.
1. Parties and Definitions
"We", "Us" or "Our" means Castle Technology Ltd who is the seller of
products and/or services. Castle Technology Ltd trades as Castle.
Castle Technology Ltd is a company registered and established in
England, whose company registration number is 2824049. Our registered
office is at Ore Trading Estate, Woodbridge Road, Framlingham, Suffolk
IP13 9LL United Kingdom. Castle can be contacted by e-mail at
sales@castle-technology.co.uk , by phone on 01728 723200 or by fax on
01728 727427. Castle's VAT number is GB 720 0703 90.
"You" or "Your" means you if you are a consumer customer, buying for
purposes not related to your trade, business or profession.
"Castle websites" are the following websites www.iyonix.com,
www.castle-technology.co.uk and https://secure.castle.org.uk where all
orders are handled in a secure manner.
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You are entitled to notify Castle that you wish to withdraw from this
sale, without penalty and without giving any reason within 7 working
days after the day of delivery. For further information on returns,
see section 10 or phone Castle on 01728 723200 (+44 1728 723200).
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2. Changes to Castle's Terms and Conditions
We may amend these Terms and Conditions from time to time. New orders
will be subject to any revised Terms and Conditions. However,
contracts concluded on the basis of previous terms and conditions
remain unaffected.
3. Product information and availability changes
Due to the nature of continuous technology developments Castle may
update, revise and/or discontinue products at any time.
All orders are subject to the availability of products from our
suppliers. Out of stock items will be shipped on a "first come, first
served" basis when they come back into stock.
In common with standard industry conventions all hard disc drives are specified
in rounded decimal gigabytes (where 1 GB = 1,000,000,000 bytes). RISC OS and
other operating systems display rounded binary gigabytes, after formatting
(where 1 GB = 1,073,741,824 bytes).
All monitor screens are measured diagonally and may not be the full
visible screen. All monitor screen images are simulated pictures.
4. Prices
Castle may revise prices for products listed as available on Castle
websites at any time. A price remains valid only for the duration of
the day of your visit to our website or the day on which you call our
call-centre.
Any incorrect prices on Castle websites shall be void and of no
effect. If you place an order for incorrectly priced products, the
correct price will be notified to you and, if you wish to continue
with the order, substituted in place of the incorrect price.
Sometimes prices may change rapidly before we can update our website
or other price lists. In these rare cases we will notify you of any
changes and you can then decide whether you wish to continue with the
order.
In all cases the Final Price will be as detailed on our Formal
Acceptance of an Order which will be sent to you within 3 working days
of placing an order with us. Our Final Price includes delivery and/or
handling costs, transport insurance and VAT for shipment to a mainland
UK address (excluding the Scottish highlands), there are no hidden
extras.
Please see section 7 for details of our delivery charges for orders to
be delivered outside mainland UK (including the Scottish highlands).
Orders outside the EU may attract local duty and other local taxes,
levies or charges.
5. Terms of Payment
Castle accepts payment by approved credit card or bank transfer.
Castle does not accept other means of payment (e.g. cheque) without
our prior agreement through our telephone call-centre or otherwise.
Payment options may vary from country to country.
For credit card payments, you must provide your valid credit card
number and other requested details either in the relevant purchase
"check-out" section of the relevant Castle website or to the telephone
call centre agent. Castle will attempt to verify the validity of the
credit card with the card's issuer and may convey acceptance of the
order (as set out below) to you if the credit card is accepted.
Castle will charge credit cards on shipment, after a Contract has been
concluded (i.e. after Castle has verified Product availability and
accepted the Customer's order and payment method).
6. Order Acknowledgment, Order Acceptance, Contract formation
We want to make sure that we can supply the product that you have
ordered. So within 3 working days from the time that you placed your
order we will dispatch to you, either by e-mail, fax or post, a Formal
Acceptance of an Order detailing your order and the Final Price.
Our contract with you is dependant and conditional upon Castle's
verification of availability and acceptance of both your order and
your credit card or other payment details. Where you have elected to
make payment other than with a credit card (and we have accepted that
payment option), we are entitled to consider an order or contract
cancelled, with or without notice to you, if we do not receive that
payment within 10 days of the dispatch of the Formal Acceptance of an
Order.
We recommend that you retain a printed copy of these Terms and
Conditions with a copy and/or note of your order, order
acknowledgment, Formal Acceptance of an Order, payment method
acceptance and invoice as evidence of purchase.
7. Delivery
Delivery charges within the UK mainland (excluding the Scottish
highlands) are displayed on our Website. Charges to other destinations
will be subject to additional charges and these will be listed on the
Formal Acceptance of an Order. Castle will use its discretion in
selecting a reputable carrier and appropriate means of delivery.
Castle aims to deliver promptly. However, because of supply problems
there may be reasons for Castle's inability to ship according to our
target dates. Accordingly, any dates given by Castle for the delivery
of products are estimates only and may be delayed by a few days.
However, you have the option of cancelling your order at any stage
prior to despatch of your products by Castle. You may also have a
right to return products after they have been delivered (see 'Your
Right to Cancel' below).
If your order cannot be delivered by any estimate or target agreed to
by Castle, we will suggest another date or you may elect to cancel the
order and we will refund any money paid by you.
8. Software Licences
All software, including pre-loaded software contained in hardware
products, is licensed to you subject to the relevant software end-user
licence agreement or other terms included with the software and/or
with the product. Software may not be disassembled, decompiled,
reverse engineered, merged or combined with any other software,
copied, translated, adapted, varied or modified (save as expressly
permitted by applicable law) nor may it be distributed in any form.
Where individual software licence terms are not supplied, such as
pre-installed software on the hard drive of a computer, the software
is licensed on a non-exclusive, non-transferable, single user basis
for use only with the accompanying product.
If you do not accept the terms of any applicable software licence you
should return the products unused and "as new" in accordance with, and
within the time period set out in, paragraph 10 below. Note: to
qualify for a refund any licence seals or shrink-wrap coverings of any
software must not be opened.
9. Your Acceptance of Products
Please check your delivery as soon as possible and notify us of any
deficiency or defects immediately.
10. Your Right to Cancel
You may cancel the contract for the purchased products for any reason
for a full refund of the price actually paid within 7 working days.
This period starts on the day following the day you receive the order.
Please use the address at the beginning of these Terms and Conditions.
We recommend that you use a method of Recorded delivery when notifying
us that you wish to Cancel an order.
To ensure any return is handled by us as quickly as possible please
contact Castle for a return reference number on 01728 723 200 (+44 1728
723200) or fax 01728 727427 (+44 1728 727427).
To enable us to speedily process your cancelled order it would be
helpful if the returns number is clearly marked on the outside of the
parcel and a copy of your Castle invoice is enclosed with the returned
products.
Please return the products in suitable packaging, preferably the
original packaging supplied to you. The products must be returned in
an "as new condition" with all component products, parts, accessories,
warranty cards, manuals and other documents and items.
To enable us to refund you as quickly as possible please notify us
when we can arrange for the parcel to be collected and make sure that
the parcel is available for collection. A charge equal to the delivery
charge will be made by us to collect the parcel.
Castle retains the right to refuse to refund the product price or
deduct an appropriate amount from any payments to be refunded if:
(1) The products returned have been damaged or used,
(2) You inform us after the 7 working-day returns period,
(3) If any parts, including components, included products,
accessories, documents and/or other items of the order, apart from
packaging are damaged or missing.
11. Data Protection and Privacy
General - data collection
By submitting orders:
- you consent to the processing of data personal to you, such as your
name and title, address, telephone number, contact details and other
personal details ("Personal Data"), in accordance with the terms
notified in the "Personal Data" (or similarly entitled) section of
the Castle website order submission form or the telephone call
centre ordering process.
- you acknowledge that the processing of your Personal Data is
necessary for the performance of the contract and you consent to such
processing.
In certain circumstances Castle may seek additional personal
information such as photocopies of identification documents or credit
cards for example for identity verification or fraud prevention
purposes. Where such additional information is submitted to Castle it
shall also be regarded as "Personal Data".
12. Export Control
You acknowledge that Products licensed or sold to you under these
Terms may be subject to export control laws and regulations. Selling
these products may be subject to export controls.
13. Statutory Rights
These Terms and Conditions do not affect (and should not be read to
affect) your statutory rights if the goods are not of satisfactory
quality as described or fit for purpose.
Copyright (C) 2004 Castle Technology Ltd
Document No 290502000033 Issue 1 12th January 2004
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