Terms of Use
These Terms of Use of the Site are intended to govern your use of the Site. Users are invited to read the Terms of Use before continuing to browse the Site www.castelli-cycling.co.za (the “Site”). Access to and browsing the Site, in fact, imply the users’ acceptance of the provisions indicated below.
The Site is owned by Ikhambi Distribution, with registered office in Unit 2, 46 Amatole Crescent, N4 Gateway Industrial Park, Pretoria (the “Owner”).
Users who disapprove of the contents of the Terms of Use are invited to promptly suspend their browsing the Site.
Purposes and Functions of the Site
The Owner uses the Site to promote the sale of products and collections of the Castelli brand. Additional functions are provided within the Site, such as, for example, the possibility of registering on the Site by activating a personal account in order to access reserved areas and content, newsletter services relating to the products and initiatives of the Owner, participation in promotional initiatives and the creation of customised lists of favourite products (“wish lists”).
Products. Limitation of Responsibility
The images and information on the products and services offered on the Site are published for descriptive or promotional purposes only. The Owner undertakes to ensure that the information on the Site is accurate and constantly updated; however – without prejudice to the provisions in the General Terms and Conditions of Sale with reference to the relationship with the consumer – it is not possible to provide any guarantees regarding the correctness, completeness, accuracy or up-to-date relevance of the information on the Site (including, for example, descriptions of products, services, prices and/or information on availability).
The Owner may, temporarily or permanently, modify or remove products and/or services, and their related characteristics and specifications, which are displayed or made available through the Site, as well as modify the prices of such products or services, also without giving any notice about such modifications.
To the maximum extent permitted by applicable law, the Owner shall under no circumstances be liable to users or third parties for any damage or loss arising from the use of the Site and/or the contents therein, or of any information contained in the Site or products for sale.
The Owner also declines all responsibility for any indirect damage, regardless of its cause, origin, nature and consequences, including, but not limited to, any costs incurred or any other loss of intangible assets arising from the use of the Site or from the impossibility to use it or from the confidence placed on the information made directly or indirectly available on the Site. In any case, no provisions in the Terms of Use excludes or limits the liability of the Owner in the event of wilful misconduct or gross negligence or for any other liability that under applicable law cannot be excluded or limited.
Users agree to indemnify and hold the Owner harmless from any legal action, claim, claim by third parties and related damages and expenses, including legal expenses, arising from or connected with use of the Site in any irregular and/or unlawful manner
Intellectual Property Rights
All registered or unregistered trademarks, service marks and trade names (for example, the CASTELLI name and Scorpion Logo), as well as any and all other intellectual property, distinctive mark or name, image, photograph, written or graphic text and more generally any other intangible asset protected by laws and international conventions on intellectual property and industrial property, reproduced on the Site are the property of the Owner and/or are licensed by the Owner.All such intellectual property remain the exclusive property of the Owner and/or its assignors/licensors. Access to the Site and/or the conclusion of any Purchase Agreements shall not give the user or any Customer any right whatsoever to such intellectual property and other intangible assets. Any use, even just partial use, of the same is prohibited without the prior written authorisation of the Owner, which enjoys all the related rights on an exclusive basis.
Third-Party Content
The Site may include, use or display content created by third parties, information obtained from public sources and/or links to external sites or web pages managed by third parties. The Owner does not exercise any control or monitoring over the contents of third parties and therefore assumes no responsibility for the accuracy, security or reliability of the contents of third parties and cannot guarantee, and does not guarantee, that such contents are free from viruses or other functions capable of damaging users’ data and/or assets.
The Owner declines all liability with respect to any loss or damage arising from or connected with the user’s access, use and reliance on any third-party content.
Guarantees
The Owner does not acknowledge any guarantee that the Site, including its contents, services and functions, is free from interruptions, that any defect found therein will be corrected or that a user’s use of the Site will produce any specific result.
In addition to the foregoing, the Owner does not acknowledge any express or implied warranty of the Site’s accuracy, completeness, non-infringement of third party rights, merchantability or fitness for a particular purpose.
Use of the Site
Users may use the Site exclusively for personal use, not for any commercial purpose and which in any case is fully compliant with the Terms of Use and all applicable laws.
The Owner reserves the right to interrupt or suspend the access or use of the Site by Users, without any prior notice, if it deems it reasonable that a user has breached the Terms of Use or considers such action necessary for security reasons.
Changes to the Terms of Use
The Owner reserves the right to modify, revise, add or delete the Terms of Use, at any time and without prior notice. Users are therefore invited to read the Terms of Use.If a user does not accept any of these changes, the user is invited to stop browsing the Site and no longer use any of its functions.
General Terms and Conditions of Sale
Please carefully read these General Terms and Conditions of Sale before proceeding with any purchase through the Site.
Subject
These General Terms and Conditions of Sale govern the remote sale of products on the site www.castelli-cycling.co.za (“Site”). The purchase of products through the Site is allowed only to natural persons who are consumers who purchasing products for personal use and not for purposes of resale or any other entrepreneurial, commercial, craft or professional activity. In the event that you are nota consumer, please contact Customer Service for referral to anotherB2B channel.
Acceptance of the General Terms and Conditions of Sale
Only customers with the legal capacity to enter into binding agreements in compliance with the applicable law (“Customer” or “User”) are allowed to conclude a purchase order for products on the Site (“Order”).
Orders are governed by these General Terms and Conditions of Sale and by any laws or regulations that may be applicable from time to time to an individual Order. Customers are requested to carefully read the General Terms and Conditions of Sale before completing an Order.Each Customer accepts and is bound by the General Terms and Conditions of Sale when completing an Order.
The version of the General Terms and Conditions of Sale published on the Site at the time that the Customer submits an Order will therefore apply to the Order.
Products
All the products offered for sale are illustrated in detail on the Site, within the respective sections, organized by product categories.
Resale of products purchased on the Site is prohibited.
All visual representations of products published on the Site (e.g. photographs, videos, etc.) are provided merely as a rough guide to the features of the products.Such representation is solely provided for the purpose of showing the products for sale to the public, andminimal differencesmay exist between the image of a product published on the Site and the actual appearance and features of the same product (for example, with reference to the actual dimensions and/or chromatic aspects of the products and/or packaging).
In the event of differences between the product image and what is indicated in the text of the product information sheet, the text of the product information sheet will always be deemed accurate.
Orders
To place an Order, Customers must follow the instructions on the Site.In particular, Customers may decide whether to proceed with registration on the Site following the instructions provided by the registration program and providing the data required therein or, alternatively, completing the Order as a guest without registering on the Site.
To place an Order, Customers must fully complete and submit the order form on the Site.
Customers must carefully verify the correctness and accuracy of the data entered and promptly inform the Owner of any error in such data. Any higher costs for the execution of the Order caused by the imprecision of the data provided by the Customer and/or shown in the Order Confirmation may be charged to the Customer.
Conclusion of Order
The order form sent by the Customer will constitute an offer to purchase products with ails full knowledge and acceptance of the General Terms and Conditions of Sale.The Owner reserves the right to accept or reject this offer.
The contract for the sale of the products between the Owner and the Customer shall be considered entered into only with the subsequent to Seller sending Customer an order confirmation via email (“Order Confirmation”).
The Order Confirmation will contain all the essential data with respect to the Order, including, by way of example, the list of products purchased, the price of the products, any shipping costs, the Customer’s identification data, the billing and delivery addresses, as well as links to the General Terms and Conditions of Sale.
The Order Confirmation will bear a unique Order identification number, which must be reproduced in any subsequent communication by the Customer to the Owner.
Each Order may be viewed by the Customer on the Site, in the Cutomer’s personal area if the Customer is registered on the Site, or in other cases, by contacting the Owner’s Customer Service after the Order has been sent. Without prejudice to the provisions in the Owner’s Privacy Policy, such data will be available on the platform for a period of 12 months from the delivery of the Order.
Prices
The prices of the products that can be purchased on the Site, including sales taxes and VAT (where applicable), are indicated on the same Site in a clear and transparent manner.
The delivery costs are made known to the Customer during the Order checkout phase and confirmed in the Order Confirmation.The cost of each shipment may vary depending on the delivery method, the timing of delivery and on the place of delivery and/or the total amount of the Order.
Any changes to the prices of products will take effect from the date the new prices are published on the Site.
Invoicing and Payment Methods
For the payment of the cost of the Products and the relative shipping and delivery costs, the Customer may use one of the methods indicated on the order form.Some payment methods are only available in certain countries.Payment methods that are not available cannot, in any case, be selected by the Customer during the appropriate check-out phase.
The Owner charges the purchase price at the time of the Order confirmation.
The Owner uses a primary payment gateway to authorise payments for Orders.Therefore, the Owner does not directly manage any financial information about the payment method used by the Customer, nor does the Site process any financial information forwarded by the Customer in order to complete the Order.
To ensure maximum security in purchases, payment information sent over the internet is encrypted by the SSL (Secure Socket Layer) protocol. All data is transferred in an encoded form using this SSL certificate and therefore cannot be intercepted by external parties.
In the event of any errors, negligence or unlawful act by the payment gateway and payment intermediation systems for the management of the transaction associated with an Order, the Owner will not beresponsible or liable for such error, negligence or unlawful act.
Personal Data Processing
Customer data is processed by the Owner in accordance with the provisions of current legislation on the protection of personal data, as specified in the information contained in the “Privacy Policy”published on the Site.
Communications and complaints
All communications or any claims of the Customer against the Owner regarding the completion of Orders or requests for intervention under warranty, must be notified through the appropriate contact forms or by email to: [sales@ikhambi.co.za]
The Owner undertakes to satisfy the Customer’s requests and needs, where possible, and to resolve any dispute with the Customer in an amicable manner.