Terms and Conditions
In this Agreement,
the “Customer” means any person who places an Order with Cast and Craft Ltd(either as a private consumer or as or on behalf of a business);
the “Goods”
means any items sold or supplied by Cast and Craft Ltd under an Order;
“Cast and Craft Ltd”
means Cast and Craft Limited, a company incorporated in England with company number 16151641 and a registered address at Unit 2a 420 Eastern Avenue, Ilford, England, IG2 6NQ, United Kingdom;
“Order”
means any request or order (via phone, web order (excluding Ebay or Amazon or mail order) to purchase the Goods, and;
the “Parties”
refers to the Customer and Cast and Craft Ltd
Validity
1.1 These Terms & Conditions form the sole contract between Cast and Craft Ltd (“the Company”) and the Customer. Any terms and conditions issued by the Customer shall not apply unless expressly accepted in writing by the Company. By placing an Order, the Customer agrees that these Terms prevail over any other agreement, except where Cast and Craft Ltd Credit Account Terms apply. In the event of conflict, Credit Account Terms shall take precedence.
1.2 All Orders are subject to acceptance by the Company. Cast and Craft Ltd reserves the right to refuse any Order without providing justification. Payment, including receipt of a draft, does not constitute acceptance of an Order.
1.3 Cast and Craft Ltd may amend these Terms at any time by publishing updated versions on its website, in catalogues, or via email.
Goods being Sold
2.1 Descriptions and specifications are as displayed on the Cast and Craft Ltd website at the time of ordering or in the current catalogue.
2.2 Orders placed for Goods in a particular color, pattern, or design are subject to stock availability. Cast and Craft Ltd reserves the right to substitute with an alternative or superior product without prior approval.
2.3 If Goods are unavailable or out of stock, the Company may cancel the Order (in whole or part) and either refund payment or issue a credit note. The Company may, at its discretion, amend the Order with or without the Customer’s prior agreement.
2.4 Customers purchasing age-restricted Goods (e.g. solvents, knives, or other items subject to UK legislation) confirm that they are at least 18 years old and that delivery will be received by a person aged 18 or over. The Company reserves the right to cancel Orders if these conditions are not met.
Terms of Payment and Payment Methods
3.1 The Goods shall be payable at the prices listed on the Cast and Craft Ltd website at the time of the Order. Pricing in the Cast and Craft Ltd catalogue is indicative only. Cast and Craft Ltd reserves the right to update prices at any time. In the event of any conflict between prices for the Goods on Cast and Craft Ltd website or catalogue, the pricing on the cast and craft website will prevail. A delivery and/or insurance charge may be payable in addition to the price of the Goods. All prices are quoted in British Pound Sterling for UK and Euros for rest of Europe
3.2 Unless otherwise stated, all prices quoted exclude Value Added Tax (“VAT”). Any such VAT shall be charged in accordance with the relevant regulations in force at the time of the Order.
3.3 Occasionally an error may cause the price/description published or advertised for Goods to be incorrect, in which case Cast and Craft Ltd shall be under no obligation to honor the incorrect price or Order.
3.4 Payment for Goods and Delivery may be made by any of the options listed on the Cast and Craft Ltd website or catalogue. Cheques and cash usually require a minimum of 6-10 working days to clear and the Customer account, order or quote number MUST be referenced with payment. Cast and Craft Ltd reserves the right to withhold or refuse further shipments of Goods until all overdue accounts are settled. Any payments returned unpaid by a bank will be subject to an administration fee of £20.00.
3.5 Cast and Craft Ltd reserves will the right to charge interest (but excludes to do so) above the base lending rate of the Bank of England calculated monthly on late or overdue payments by the Customer.
3.6 All Orders may be subject to further credit or security checks.
3.7 Price Promise applies to any lower published price for a like-for-like product offered on the same terms in the UK. Like-for-like means Goods should be the same brand and specification. The goods must be offered with the same delivery service and warranty as Cast and Craft Ltd and the competitor must have stock availability at the time of ordering. The price will not be matched where there are ‘hidden extras’ such as delivery charges. In order to qualify, the price must be published in writing. Cast and Craft Price Promise excludes comparing like-for-like products from companies related to Krucible Kitchen in the UK.
Delivery
4.1 Full delivery prices and options are listed on the Cast and Craft Ltd website or catalogue and subject to change from time to time.
4.2 Standard Delivery and Premium Delivery Orders will be sent for ‘next day delivery’ within the UK mainland subject to an Order (with the relevant delivery charge) being accepted by Cast and Craft Ltd before 3.00pm on a working day (a working day is a day other than weekends and bank/public holidays) and provided no additional security checks are required and the Goods are available. If the Order cannot be delivered ‘next day’ then delivery will usually be completed within 3-5 days.
4.3 Offshore/Remote deliveries will usually be dispatched as soon as possible however the actual delivery time cannot be guaranteed and will vary depending on the delivery location.
4.4 Cast and Craft Ltd will use reasonable endeavors to meet delivery estimates in all cases however cast and craft cannot be held liable for any loss or damage due to delay in delivery or unforeseen events.
4.5 Risk in the Goods transfers to the Customer at the time of delivery but title will not pass until payment has been made in full for the Goods in question.
4.6 Goods delivered are used, stored and installed at the Customer’s own risk and Cast and Craft Ltd will not be liable for any damage, loss or disruption caused by the same. Where installation/disconnection services have been ordered by the Customer, further charges, terms and conditions may apply as communicated by cast and craft to the Customer before delivery.
4.7 All large machinery, refrigeration and flat packed Goods are delivered to the front door of ground floor locations only. The delivery person/driver may at his/her discretion assist with delivering the Goods to a location within the premises nominated by the Customer, at the Customer’s sole risk.
Warranties and Returns
5.1 Subject to the conditions in this Clause 5, Goods sold in the UK mainland may be returned for a refund, exchange or replacement within 10 days provided they are returned unused, in a saleable condition and in their original packaging. Goods that have been opened, marked/soiled, damaged or used will not be entitled to a partial refund or full refund after assessment by Cast and Craft Ltd. Goods deemed non-saleable will not be refunded and will only be returned at the Customer’s cost. Certain large or bulky items may also be subject to a restocking fee (case to case). Certain Goods cannot be returned for hygiene reasons. Certain Goods such as knives must be returned in adequate postal packaging for health and safety reasons. Certain last-in-line or special-to-order Goods may also be non-returnable and will be flagged accordingly on the Cast and Craft Ltd website or catalogue. The carriage cost of returns may be refunded in whole or in part to the Customer at cast and craft discretion.
5.2 Goods are guaranteed against defects in accordance with the terms of the manufacturer’s warranty or for 1 month from delivery unless otherwise stated. Goods reported faulty within the specified warranty period may be repaired, replaced or exchanged at Cast and Craft Ltd discretion. Parts and labor under this warranty are guaranteed in the UK Europe mainland only.
5.3 Goods that are missing from delivery or damaged due to delivery must be reported to Cast and Craft Ltd within 12 hours upon receiving/not receiving goods. Large Goods must be inspected by the Customer on delivery for damage and an acceptance of delivery pocket completed noting any damage that resulted from delivery.
5.4 The warranties in this Clause 5 do not apply to any defect in the Goods caused by the fault, negligence or failure of the Customer to use the goods for their normal intended purposes or failure to adhere to manufacturer instructions (including storage, use in incorrect environment, maintenance, de-scaling and cleaning). Gaskets, refrigerants, filter driers, shelves, tray slides, castors and legs, electric lamps, fuses, keys, locks, glass, filters, mains plug and leads, hose connections and consumables are warranted to be free from defect on delivery only and any damage caused due to delivery must be reported to Cast and Craft Ltd within 24 hours to qualify for replacement, repair or refund at Cast and Craft Ltd discretion. Goods marked ‘semi-commercial’, ‘light-duty use only’ or similar must not be used as substitutes or replacements for heavy-duty or commercial-grade equipment. Goods marked ‘no commercial warranty’ are sold without any warranties unless otherwise stated. Certain Goods may be disposed of in accordance with Cast and Craft Ltd safety instructions for replacement, exchange or refund with Cast and Craft Ltd prior approval.
Engineer call-outs and repairs carried out on non-warranty faults or defects may be subject to further charges including where the Customer has missed or is unduly late for an arranged call-out. No Goods will be sold on a ‘sale or return’ basis without prior written approval by Cast and Craft Ltd. Cast and Craft Ltd may in its reasonable discretion invalidate warranties for any Goods that have been or are suspected to have been altered, tampered with, serviced, repaired or attended to without Cast and Craft Ltd prior approval or even severely used.
5.5 Product care: To ensure you get the best from your product and to protect your limited warranty we highly recommend following our instructions for use and care which you can find in our Product Care guide online and included with your order. If you believe your product has a manufacturing fault or has become defective following normal domestic use within the limited warranty period, it may be for a replacement. ‘Wear and tear’ and commercial use are also covered under this limited warranty. Please note the warranty does not cover deterioration due to accident (cracking, breaking, fall/hitting of product), misuse, discoloration (including rusting), scratches, stains or damage from overheating & sudden temperature drop from water or air & improper cleaning.
5.6 Old electrical & electronic equipment may be disposed of by prior arrangement in compliance with WEEE regulations. Full details of Cast and Craft Ltd WEEE compliance policy are available on website www.castandcraft.co.uk
5.7 Statutory rights for Customers placing Orders as private consumers (as defined by law) are not affected.
Termination
6.1 Cast and Craft Ltd reserves the right, by notice to the Customer, to cancel or suspend any Order where payment has not been received in accordance with Clause 3 of this Agreement.
6.2 Cast and Craft Ltd reserves the right to cancel any Order and/or terminate this Agreement if the Customer cannot pay its debts or becomes bankrupt or has a winding-up order made or appoints an Administrator, Liquidator, Receiver or similar is appointed over the whole or a substantial part of the assets and undertaking of the Customer.
6.3 Cast and Craft Ltd reserves the right to suspend or terminate performance of this Agreement where delivery or supply of the Goods and/or performance of this Agreement is affected by reasons out of cast and craft reasonable control such as force majeure, act of God, adverse weather and government intervention, sanction or legislation.
6.4 Cast and Craft Ltd reserves the right to cancel any Order where it is reasonably suspected that the Customer is not legally permitted to purchase any Goods specified in the Order (such as solvents and knives).
Limitation of Liability
7.1 The Customer agrees that Cast and Craft Ltd will not be liable for any losses or damage suffered by the Customer including but not limited to damage to neighboring or connected items or premises, consequential loss, loss of business, business interruption or loss of time due to the use or purchase of the Goods by the Customer. Cast and Craft Ltd will not be liable for any additional damage caused by the Customer’s failure to report a fault or defect in good time or failure to provide reasonable access to the Goods for repairs, service or engineer visits. Nothing in this Agreement shall exclude Cast and Craft ltd statutory liability for injury or death.
7.2 Goods sold are not insured for delivery unless otherwise confirmed by Cast and Craft Ltd.
Intellectual Property Rights and Confidentiality
8.1 Goods sold or supplied by Cast and Craft Ltd may be subject to copyright (whether owned by Craft & cast or a third party) and the Customer covenants not to breach, infringe or prejudice any intellectual property and copyright associated with the Goods without approval. The Customer agrees to indemnify and hold Cast and Craft Ltd harmless for any breach of said covenant.
8.2 The Customer’s data protection and privacy rights under this Agreement are set out in Cast and Craft Ltd privacy policy (available on the Cast and Craft Ltd website).
Jurisdiction
9.1 This Agreement is governed by English law and the Parties shall be subject to the exclusive jurisdiction of the English courts.
9.2 Any right or obligation contained in this Agreement shall be distinct and severable and if one or more of the same are declared invalid, illegal, void or unenforceable then the remainder shall continue in force and effect to the fullest extent permissible by law.