These terms and conditions are the contract between you and Castel + Co. By visiting or using Our Website, you agree to be bound by them. Please read this agreement carefully and save it. If you do not agree with it, you should leave Our Website immediately.

This website is operated by Castel + Co. Throughout the site, the terms “we”, “us”, “our” and “C+C”, refer to Castel + Co.

We are: Castel + Co Rugs, the “Supplier” a company registered in Australia, ABN 97 391 367 421

You are: Anyone who uses Our Website, the “Customer”

DEFINITIONS

In this agreement:

1. INTERPRETATION

The interpretation of this agreement shall be subject to the matters listed below unless the context otherwise requires:

• this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.
• a reference to a person is a reference to one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organisation.
• these terms and conditions apply to all supplies of Goods by us to any customer. They prevail over any terms proposed by you.
• any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing.
• except where stated otherwise, any obligation of any person arising from this agreement may be performed by any other person.
• in this agreement references to a party include references to a person to whom those rights and obligations are transferred or passed as a result of a merger, division, reconstruction or other re-organisation involving that party.
• the headings to the paragraphs do not affect the interpretation.
• a reference to an act or regulation includes new law of substantially the same intent as that act or regulation.
• in any indemnity, a reference to costs or expenses shall be construed as including the estimated cost of management time of the indemnified party, such cost calculated $50 per hour.
• these terms and conditions apply in any event to you as a buyer or prospective buyer of our Goods and so far as the context allows, to you as a visitor to Our Website.

2. OUR CONTRACT WITH YOU

This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties.

• Each party acknowledges that, in entering into this agreement, he does not rely on any representation, warranty, information or document or other term not forming part of this agreement.
• If you use Our Website in any way and make an order on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.
• Because we rely on our manufacturers, we cannot guarantee that the Goods advertised on Our Website are always available. We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Goods.
• The price of Goods may be changed by us at any time. We will never change a price so as to affect the price charged to you at the time of your purchase.
• If in future, you buy Goods from us under any arrangement which does not involve your payment via Our Website, these terms still apply so far as they can be applied.

3. ACCEPTANCE OF YOUR ORDER

• Your order is an offer to buy from us. Once you have placed your order with us, a confirmation email will be sent to you confirming we have received your order. Once your order has been accepted and processed, that is when our contract is made. This will be communicated to you via email, confirming the details of your purchase and delivery timeline.
• If, for any reason, we are unable to fulfil your order, we will offer you a credit to the same amount paid or a full refund.

4. PRICES AND TERMS OF PAYMENT

• The price payable for the Goods is clearly set out on Our Website.
• All prices are shown inclusive of goods and services tax (“GST”), customs duties, costs of any licences or consents, and other taxes and duties. The Goods are sold and Services are supplied subject to the prices and conditions ruling at date of issue of acceptance of order.
• 100% payment is required prior to processing the order of the Goods
• Bank charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than Australian dollar will be borne by you.

5. SECURITY OF YOUR CREDIT CARD

We take care to make Our Website safe for you to use.

• Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.
• If you have asked us to remember your credit card details in readiness for your next purchase or subscription, we will securely store your payment details on our systems. These details will be fully encrypted and only used to process transactions which you have initiated.

6. SHIPPING & DELIVERY

• Castel + Co. offer free delivery Australia-wide on all rug purchases.
• Order processing will take up to 3 business days. Once the order is processed and ready for dispatch, delivery will be as follows:
  
  • For IN STOCK rugs shipped from our Australian warehouse, please allow up to 6 business days for delivery.
  • For IN STOCK rugs shipped from our Indian warehouse, please allow up to 10 business days for delivery.
  • For rugs that are MADE TO ORDER- These rugs need to be manufactured first and an estimated timing is provided on confirmation of order. Dispatch of these goods will occur once they pass quality control. Please allow up to 10 business days for delivery.
• Deliveries will be made by the Carrier to the address stipulated in your order. You must ensure that someone is present to accept the delivery.
• Goods are sent at our risk until signed for by you or by any other person at the address you have given to us.
• Time for delivery specified on the order, if any, is an estimate only and time shall not be of the essence.

7. FOREIGN TAXES & DUTIES

• If you are not in Australia, we have no knowledge of, and no responsibility for, the laws in your country.
• You are responsible for purchasing Goods which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.

8. RISK AND RETENTION OF TITLE

• The Customer is responsible for the Goods after delivery in accordance with Section 7.
• The Supplier retains all Intellectual Property rights existing in the Goods, including, without limitation, copyright in the designs. The Goods shall be at your risk as from delivery.

9. WARRANTY

• Each rug we sell comes with a full five-year warranty. This warrants the rug against manufacturing defects in workmanship or materials for a five (5) year period from the date of the original purchase. We will repair or replace, at our discretion, the rug without charge. Normal wear and tear is not warranted. Please contact us to register a claim under this warranty.
• If we repair or replace the Goods, you have no additional claim against us either under this agreement or by statute or common law, in respect of the defect.

10. RETURNS, REFUNDS AND EXCHANGE POLICY

We want you to be satisfied, and we hope you will love your rug for a long time. If you are not, then here is what you can do.

If you are not completely satisfied with your purchase and wish to return it, Castel + Co. offer as exchange policy. You may take advantage of this policy under the following conditions:

• You notify us within 72 hours from the date of delivery at concierge@castelandco.com.au . We will arrange pick up of the rug(s) for you. Please note there will be a nominal $100 fee for the pick and delivery of the new rug.
• The rug(s) must not have been used or damaged.
• The identification label must still be on the item(s).
• The returned item(s) must be in their original packaging or a similar suitable packaging.

In the event you don’t find anything suitable at www.castelandco.com.au a credit note will be issued for the value of your purchase and will be valid for 24 months

MADE TO ORDER & CUSTOM/BESPOKE GOODS

We cannot accept returns of “special” and “made to order” rugs which is why we strongly advise you to request a Sample before making the purchase. Once an order is placed, if you are still uncertain and wish to cancel, you may do so within two (2) business days of your original order date.

Custom/Bespoke Goods made to the Customer’s own design, sizes and specifications are not returnable and the full price shall be paid on issue of the Invoice.

QUALITY

We cannot accept returns of items damaged through normal wear and tear.

Castel + Co. endeavours to reproduce the colours of each rug as accurately as possible. Castel + Co. does not accept any responsibility, nor does it have any control over any discrepancy or misrepresentation of colour displayed on the Customer’s computer, phone or tablet screen. Upon receiving your rug, should there be considerable difference between the purchased rug and what is displayed on screen, Castel + Co. offers an exchange policy.

It is very unlikely but should there be a case where your rug arrives with a quality defect or even damaged, please let us knows straight away and we will rectify the problem for you. Please keep the packaging, take detailed pictures of the defect and email them to us at concierge@castelandco.com.au

The procedure for return of Goods is set out on Our Website.

11. DISCLAIMERS AND LIMITATION OF LIABILITY

The law differs from one country to another. This paragraph applies so far as the applicable law allows.

• All the conditions, warranties or other terms implied by the law of any county other than Australia are excluded from this agreement to the extent permitted by law.
• We or our Content suppliers may make improvements or changes to Our Website, the Content, or to any of the Goods, at any time and without advance notice.
• You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention, any that you find.
• We give no warranty and make no representation, expressed or implied, as to: a) any implied warranty or condition as to merchantability or fitness of the Goods for a particular purpose. b) the correspondence of the Goods with any description. c) the adequacy or appropriateness of the Goods for your purpose. d) the truth of any Content on Our Website. e) non-infringement of any right. f) we are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website or the purchase of Goods. g) except in the case of liability for personal injury or death, our liability under this contract is limited, to the maximum extent permitted by law, to the value of the Goods you have purchased.

12. YOUR ACCOUNT WITH US

• You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods.
• If you use Our Website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your account.
• You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.

13. REMOVAL OF OFFENSIVE CONTENT

For the avoidance of doubt, this paragraph is addressed to any person who comes on Our Website for any purpose. If you are offended by any Content, the following procedure applies:

• Your claim or complaint must be submitted to us in the form available on Our Website or contain the same information as that requested in our form. It must be sent to us by post or email.
• we shall remove the offending Content as soon as we are reasonably able.
• after we receive notice of a claim or complaint, we shall investigate so far as we alone decide.
• We may re-instate the Content about which you have complained or not.
• In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.
• You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.

14. SECURITY OF OUR WEBSITE

• Our privacy policy is strong and precise. It complies fully with current privacy law which is at view privacy policy here.
• If you violate Our Website, we shall take legal action against you. You now agree that you will not, and will not allow any other person to:
  
  • modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
  • link to Our Website in any way that would cause the appearance or presentation of Our Website to be different from what would be seen by a user who accessed Our Website by typing the URL into a standard browser.
  • download any part of Our Website, without our express written consent.tware used within it.
  • collect or use any product listings, descriptions, or prices.
  • collect or use any information obtained from or about Our Website or the Content except as intended by this agreement.
  • aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of Our Website;
  • share with a third party any login credentials to Our Website.
• Despite the above terms, we now grant a licence to you to:
  
  • create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional so far as you do not portray us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
  • you may copy the text of any page for your personal use in connection with the purpose of Our Website.

15. INDEMNITY

You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:

• your failure to comply with the law of any country.
• your breach of this agreement.
• any act, neglect or default by any agent, employee, licensee, or customer of yours.
• a contractual claim arising from your use of the Goods.
• a breach of the intellectual property rights of any person.

16. INTELLECTUAL PROPERTY

• We will defend the Intellectual Property rights in connection with our Goods and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
• Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
• You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person.
• Subject to the other terms of this agreement, you may download or copy Content only for your own personal use provided you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.

17. MISCELLANEOUS MATTERS

• When we communicate with you, we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
• Where we provide goods or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Goods for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that service.
• If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
• The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
• No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
• Any communication to be served on either party by the other shall be delivered by hand or sent by express post.
• It shall be deemed to have been delivered: if delivered by hand: on the day of delivery. if sent by post to the correct address: within 72 hours of posting
• In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
• So far as the law permits, and unless otherwise stated, this agreement does not give any right to any third party.
• Neither party shall be liable for any failure or delay in performance of this agreement, which is caused by circumstances beyond his reasonable control.
• In the event of any conflict between any term of this agreement and the provisions of the constitution of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
• The validity, construction and performance of this agreement shall be governed by the laws of the State of Victoria, and you agree that any dispute arising from it shall be litigated only in that State.