In these Conditions: –
“Caseco” is the trading partnership Caseco,
“The Client” is any individual, sole trader, partnership, limited liability partnership, limited company, public limited company or any other legal entity with whom Caseco contracts.
“The User” is any individual authorised by the client to make use of the Caseco suite of products and services on the client’s behalf.
“The Deliverables” means the goods and or services or any part or portion of them comprised in the agreement and all that is described under the order confirmation.
“The Agreement” means any agreement between Caseco & The Client.
“A Month” is a period relating to the relevant calendar month.
Caseco may assign, sub-contract or sub-let the fulfilment or performance of the Agreement or any part thereof.
The Client shall not assign the benefit or burden of the Agreement without the written consent of Caseco which will not be unreasonably withheld.
In order to use the website(s) or micro sites on the website(s) you are required to register as a user. The client is obliged to ensure that the user provides accurate and complete registration information. It is the client’s responsibility to maintain and update that information by making changes to the details as appropriate including (but not limited to) the delivery email address. Caseco will not be liable for any unauthorised transactions made against The Client account using your user name or password.
At the time of registration you will be obliged to check the box indicating that you have read, understood and accepted these Terms and Conditions. Registration will not be completed unless you indicate your acceptance of these Terms and Conditions.
The agreement between Caseco and the client will be for the provision of deliverables as described in the order confirmation and / or Caseco website. Where such deliverables are services Caseco may at their discretion offer single use, multiple use, fixed or minimum period use of such services.
The Client shall provide payment for The Deliverables in the following manner.
In the case of goods, full payment, including all and any taxes and or duties must be received in the form of cleared funds at Caseco’s bank or online payment facility (e.g. PayPal, Stripe or WorldPay) in advance of dispatch.
Caseco may at their discretion and following appropriate credit reference checks, apply credit terms to the supply of certain deliverables. Payment terms will be described in quotation documentation and/or relevant invoices. If The Client fails to make payment within the period provided, then the account shall bear interest at the rate of 8% above the Bank of England base rate until full payment is received including all and any taxes and or duties in the form of cleared funds.
Goods remain the property of Caseco until paid for. Terms are strictly nett and invoices are to be paid punctually on or before the due payment date
In the case of services the client must have sufficient system credit allocated before the service may be performed. System credit is allocated on the receipt of full payment, including all and any taxes and or duties in the form of cleared funds.
Caseco reserve the right to suspend password access for clients using fixed or minimum period service agreements and making payment by monthly standing order or BACS who fail to transfer full payment including all and any taxes or duties on the scheduled transfer date(s).
In the event of any costs being incurred by Caseco as a result of debt recovery or litigation proceedings to secure payment of any outstanding accounts, The Client will be liable for payment of these costs.
Caseco do not accept any return of product without prior agreement. No credit will be issued after 14 days from date of invoice. Merchandise is not sold on a guaranteed sale basis.
To receive credit within the above mentioned 14 day period, the merchandise must be in its original packaging, in original condition to be restocked and resold, and a copy of the original invoice must accompany the return, in addition to a written description of the reason for return.
Credit notes will be valid for a maximum of 12 months from the date of issue. Non-defective returned stock items is subject to a 15% restocking charge.
The return of goods is the responsibility of the sender. It is imperative The Client pays due attention to the quality of returned goods packaging. Caseco does not accept liability for goods damaged or lost in transit.
Defective product will be replaced, not credited after qualitative and quantitative checking. Under no circumstance will there be compensation. Warranty periods in regard to defective goods are one year unless otherwise stated. Please be certain a note as to the nature of the defect accompanies the returned product. This warranty does not affect your statutory rights.
Neither credit nor exchange will be given for the following goods:
Caseco shall not be liable for any loss or damage suffered by the The Client in excess of the contract price.
Caseco reserves the right to make changes to the terms of sale and to declare goods ‘end of line’ at any time.
The Client may terminate the agreement at any time by giving a months notice in writing & upon payment in full for all Deliverables provided up to the point of termination and for all services provisioned to the conclusion of a fixed or minimum period agreement.
Caseco may terminate the agreement by giving seven days notice in writing at any time to The Client. All and any advance payment beyond the service(s) used by the Client to the point of termination by Caseco will be refunded to the Client within 30 days of termination..
Caseco may at their discretion and from time to time suspend the provision of the website or restrict the Client’s access without any prior notice in circumstances such as but not limited to:
A regulatory or statutory change limiting our ability to provide the service;
Technical problems, (hardware, software, communications);
Act or default of any supplier agent or subcontractor.
If we consider in our reasonable discretion that users are abusing the services provided via the site.
All and any intellectual property rights of any kind what so ever in any design, know-how, software, or technology which are used, developed or created by Caseco in the course of producing the Deliverables are and shall remain the exclusive property of Caseco.
In consideration of the supply by each party of any Confidential Information, Caseco and the Client agree that they shall protect the confidentiality of the Confidential Information and shall not disclose or use any Confidential Information received by them except as provided below:
Either party may only disclose Confidential Information, to those of its directors, officers, advisors, agents, representatives and employees who (i) need to know the Confidential Information for the purpose of carrying out the agreed work in relation to the Business; and (ii) are informed that the information constitutes Confidential Information for the purposes of this Agreement and expressly agree to be bound to the other party by the terms and conditions of this Agreement;
with the written consent of the other party;
which at the time it was provided to that party was in the public domain or which has come into the public domain other than as a result of that party’s breach of this undertaking;
which it is required by law (or any regulation having the force of law) or sub-poena or legal process to disclose or is required by that party’s regulatory authorities.
At the request of one party, the other party shall promptly return all Confidential Information originally provided by the requesting party together with all copies in existence.
Neither party makes any representation or warranty as to the accuracy or completeness of the Confidential Information.
No variation, alteration or waiver of these Conditions shall be of any effect unless made in writing and signed by a director of Caseco. Any failure by either party in exercising any right, power, or privilege secured within these Terms and Conditions will not act as a waiver nor will any single or partial exercise preclude any further exercise of any other right, power or privilege.
These Conditions shall prevail over any other terms of agreement or purchase in all cases & circumstances what so ever and no term in The Client’s terms of agreement or purchase to the contrary or inconsistent effect to these Conditions shall not have any force or affect what so ever. If at any time one or more of the provisions of these Terms and Conditions should be determined to be illegal, invalid or otherwise unenforceable, it shall be severed and deleted and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.
These Terms and Conditions are governed by English Law and The Client agrees to be bound by them and further agrees to submit to the exclusive and enduring jurisdiction of the English courts in connection with any dispute.