TERMS & CONDITIONS AGREEMENT
By placing an order, the customer acknowledges
acceptance of these Terms & Conditions.
The following terms shall bear the following
The Cast Iron Curiosity Shop is the online
shopping portal of Specialised Castings Ltd.
"Specialised Castings Ltd."
- also means and is referred to as "Specialised Castings", "We",
"Customer" - means the person,
buyer, local authority, company, organisation or other entity ordering
goods and/or services.
"Order" means intent to buy
goods by providing Specialised Castings with the instruction to supply
such goods, either in writing (including mail, fax, email or other electronic
procurement means), verbally over the telephone or in person, or through
the submission of this website's order form/s or procedures..
"Goods" - means products, articles,
items, accessories as described or detailed (and defined by product title,
product code or other description) in the Customer's Order. This relates
to goods and items whether collectively or individually.
"Services" - means consultancy,
advice, artwork, creation of bespoke products, specially manufactured
or personalised products, and other terms of work or engagement as described,
specified or detailed in the Customer's Order.
All of the provisions of this agreement
shall be subject to and shall not affect your statutory rights.
1) Consumer Sales - Return of Goods, Breakage and Shortages
1.1 Under the Distance Selling Regulations
you have the right to cancel this contract within 7 working days after
the day on which you receive the goods. This does not apply to personalised
or bespoke items which are non returnable. If you return the goods in
this way you will be responsible for the cost of returning the goods and
you must take good care of the goods while they are in your possession.
Within this 7 day period you should either phone, email
or write to inform Specialised Castings of your cancellation. Your
rights under consumer legislation for these goods are not affected. Please
note no substitute goods will be sent without prior arrangement - for
further advice please contact Specialised Castings Customer Care on 01324
1.2 Upon receipt of your goods you have
7 days in which you should examine your goods thoroughly. If your goods
are damaged, incomplete or otherwise incorrect, notification must be made
to Specialised Castings. Claims should be made as promptly as possible.
Claims received after 28 days from the date of receipt will not be accepted.
1.3 Goods ordered in error or deemed surplus
to requirements, etc. may be returned within seven working days but only
if the goods are unused, in a resalable condition and in original, complete
packaging, will a refund be made. The cost of returning goods must be
met by the customer and it is the customer's responsibility to ensure
these goods are received by Specialised Castings, by using a "proof
of receipt" or "goods signed for" postal service. Goods
returned in a non-saleable condition or goods that have been used, or,
without the complete original packaging, must be paid for in full by the
Personalised or bespoke items cannot be returned.
For further advice please contact Specialised
Castings on 01324 824857.
2.1 Specialised Castings reserves the
right to alter its products, prices, product specifications and terms/conditions
without notice. For the avoidance of doubt, no changes shall be made once
an order has been accepted and/or invoiced by Specialised Castings.
2.2 Prices on the "Cast Iron Curiosity
Shop Website" are inclusive of VAT, unless expressly stated otherwise.
Prices are correct at the time of going to press and whilst every effort
will be made to maintain these prices, we reserve the right to change
them without notice.
2.3 Normal delivery charges for UK deliveries
will be detailed on the invoice. A surcharge may apply where delivery
is to Northern Ireland or any of the UK islands (where a ferry or flight
surcharge would normally be expected). Customers should contact Specialised
Castings for prices prior to placing an order, if they wish to establish
delivery costs. VAT is also chargeable on P&P and delivery, except
if sent through Royal Mail postal services where VAT is zero rated.
2.4 International deliveries or special
or express deliveries as requested by the Customer, will be detailed on
the invoice and charged "at cost" or as close to cost as possible.
International and special/express delivery customers should contact Specialised
Castings for prices prior to placing an order, if they wish to establish
2.5 Specialised Castings will endeavour
to fulfil your order as quickly as possible. Most items are manufactured
to order, these items will usually be despatched in two to three weeks.
Personalised or bespoke items, may take longer however in every case delivery
will be confirmed at order acknowledgement.
Any date given for delivery by
Specialised Castings is to be considered as an approximate estimate and
cannot be guaranteed.
2.6 Where delivery is for small "off
the shelf items, payment MUST accompany your order (credit card, Paypal,
etc.). For large or bespoke items you will be advised of delivery charges
and payment must be made before we manufacture the item. If in doubt,
2.7 REFUSED DELIVERIES / NON DELIVERY
- We reserve the right to levy a carriage charge at cost, plus 20% handling
charge or a minimum of £10 which ever is the greater.
3) Payments and Title Retention
3.1 Payment must be made at time of order.
Title to goods will only occur once full and correct payment has been
3.2 Specialised Castings reserves the
right to claim interest at the rate of 4% per annum above the Bank of
England base lending rate for all overdue payments. Interest will be calculated
on a daily basis on all unpaid sums due from the date payment falls overdue,
until the date on which payment is made.
3.3 Before title has passed to the Buyer
under the terms of this agreement and without prejudice to any of its
other rights, Specialised Castings has the right to recover and/or resell
the Goods and may enter the Buyer's premises to uplift any or all goods
where title is retained by Specialised Castings. Where goods are in a
used or damaged condition, the customer will be responsible for the costs
of replacement goods.
3.4 Until payment due under all contracts
between the Customer and Specialised Castings has been made in full, the
Customer shall hold upon trust for Specialised Castings all unpaid goods
or sufficient funds to cover the costs of all unpaid goods.
3.5 The customer has no right to sell,
gift, assign title or otherwise dispose of any unpaid goods. In the event
of unpaid goods being sold, gifted, assigned or disposed of by the customer,
the customer shall remain responsible for the full amount due, to Specialised
3.6 Specialised Castings has the right
to recover, from the customer, ALL costs incurred in the settlement of
outstanding sums that have fallen overdue.
4.1 The customer assumes Risk for and
in the goods when the goods are delivered to, or collected by, the Customer
or the customer's agent. Goods are the customer's sole responsibility
from the point of receipt.
4.2 Notwithstanding risk in the Goods
passing in accordance with Clause 4.1 of these Conditions, title in the
Goods shall not pass to the Customer until both (i) full payment is received
by Specialised Castings Ltd. for the Goods; and (ii) no other amounts
are outstanding from the Customer to Specialised Castings in respect of
any other goods supplied by Specialised Castings to the Customer.
4.3 Until full settlement has been made
to Specialised Castings, it is the responsibility of the Customer to keep
the goods insured against all appropriate risks from the time at which
risk passes to the Customer (at the point of receipt) or maintain sufficient
funds to be made available to Specialised Castings, at the value detailed
on the invoice, should the goods become damaged, lost or otherwise destroyed,
whether through accident, negligence, vandalism, arson, theft, act of
nature, or any other reason whatsoever, whether or not the customer is
directly or indirectly at fault.
4.4 If the Goods are destroyed by an insured
risk prior to the same being paid for by the Customer to Specialised Castings,
the Customer shall receive, and hold, the proceeds of any such insurance
claim/s on behalf of Specialised Castings and to be paid to them at the
level detailed on the customer's invoice.
5.1 All items supplied by Specialised
Castings are guaranteed for a period of 6 months from date of invoice.
This warranty covers any item found to be defective through faulty materials
or workmanship and will be repaired, replaced or a refund made, at the
discretion of Specialised Castings.
5.2 The customer should reasonably expect
that, because of the nature of manufacturing of castings in sand moulds,
there may be slight differences in colour and/or appearance, to the advertised
item photograph. Any measurements used or stated in product descriptions
6.1 Under no circumstances will Specialised
Castings be bound by any addition to or variation of these terms unless
agreed in writing with the Managing Director. These conditions and the
contract shall be subject to and governed by the Laws of Scotland.
6.2 These Conditions and the Order constitute
the entire agreement between the parties relating to the subject-matter
and no variation, waiver of, or addition to the same shall be binding
unless in writing and signed by both parties.
Your privacy and security is important
to us. We use the information you provide about yourself to respond to
your order or query. We do not share this information with outside parties
except to the extent necessary to respond to the order or query. We do
not share any information whatsoever with third parties or advertising
We have put in place appropriate and robust
physical, electronic, and managerial procedures to safeguard and secure
the information we collect online.
Absolutely no financial information is
retained by this website or Specialised Castings
Should a customer wish to complain they
should write, with full details of the complaint, to "The Managing
Director" of Specialised Castings Ltd.