This website is controlled and operated by Caldoni Ltd, a limited company registered in England, whose registered office is at 3, Crondal Rd, Coventry, CV7 9NH. Use of this website is subject to Caldoni Ltd Terms and conditions and Privacy Policy. Customers who do not accept those terms of use are not authorised to use or continue using this website.

Please read these terms and conditions carefully before using this website to place orders for products (“the Products”) supplied by Caldoni Ltd. In particular, your attention is drawn to Exclusions and limitations of liability below.

By clicking on the I accept the terms and conditions link at the last point of ordering of these terms and conditions, customers agree that these terms and conditions apply to the supply and purchase of Products from this website.

Customers ordering Products using this website confirm:

• either that they are placing the order in their personal capacity and that they accept that these terms and conditions will apply; or

• where they are placing an order in the name of a partnership, company or other legal entity, that they have the right and authority to place the order and to accept these terms and conditions on behalf of such partnership, company or other legal entity. [All other terms and conditions (including any terms or conditions which the customer purports to apply under any purchase order, confirmation of order or similar document) are excluded from any contract between Caldoni Ltd and the customer for the sale and purchase of the Products].

To place an order for any Product(s) customers should follow the procedures set out on the order page of the website Launch Kit Designer

It shall be the responsibility of the customer to ensure that all details of any order placed are complete and accurate.

Each order will be an offer by the customer to purchase Products subject to these terms and conditions. Caldoni Ltd will not be bound to supply any Products ordered until it has accepted the order by e-mailing or otherwise notifying its acceptance to the customer. Caldoni Ltd will be entitled to reject any order and, if it does so, it shall notify the customer.

[If any Product ordered is unavailable, or not possible to produce the customised designed products, Caldoni Ltd may provide a substitute of an equivalent quality and price.]

The price of any Product is the price in force on the date and at the time of the order. Caldoni Clothing Ltd tries to ensure that the prices for Products displayed on this website are accurate but prices as stated on any order are subject to validation by Caldoni Clothing Ltd as part of its acceptance procedure (see Ordering Products above). Caldoni Clothing Ltd will inform customers prior to acceptance of the order if the correct price of a Product is higher than that stated in the customer’s order and in such a case the customer may cancel the order if it wishes to do so.

Due to the nature of the custom designed products, Caldoni Clothing Ltd will require a non refundable deposit of at least 50% prior to commencement of production of any order. Any cancellation of an order after the receipt of this deposit will not permit any refund of this amount. Cancellation of an order after the initial deposit is made will result in a forfeit of the deposit.

Payment for trade customers with an established account with Caldoni Clothing Ltd is due net thirty days after invoice date and Caldoni Clothing Ltd may add such reasonable costs incurred recovering outstanding balances. Caldoni Clothing Ltd will charge a late payment fee £15 to cover the reasonable costs involved in retrieving outstanding payments. This charge will be made on the 31st day after invoice date and every time a reminder letter or e mail is prepared/sent to recover the outstanding amount. All cheques must be payable to Caldoni Clothing

Once an order has been accepted by Caldoni Clothing Ltd, Caldoni Clothing Ltd will aim to deliver the Products within a maximum of 42 days beginning with the day after the date of the customer’s order. The Products shall be delivered to the place specified in the order, which must be confirmed in writing well in advance of the delivery date. All times or dates for delivery stated on this website are estimates only. Caldoni Clothing Ltd will make all reasonable efforts to deliver Products within the time specified but does not accept liability for any failure to deliver within that time.

Claims for damage in transit must be notified immediately to the Caldoni Clothing Ltd on receipt of the goods; in the case of loss in transit, notice must be given in writing to the Caldoni Clothing Ltd within seven days of the despatch dare shown on the relevant documentation. Risk or damage or loss of the goods shall pass to the Buyer at the time of the delivery or, if the Buyer wrongfully fails to take delivery of the goods, the time when the Caldoni Clothing Ltd has tendered delivery of the goods.

Products may only be returned if they are immediately reported as damaged upon receipt after delivery. To return Products, customers must notify Caldoni Clothing Ltd in writing or other durable medium (including by e-mail) to within such period of three (3) working days and must arrange for and pay the cost of returning the Products to Caldoni Clothing Ltd. Caldoni Clothing Ltd will refund the sum paid by the customer for the original supply and delivery of the Products as soon as possible, should it be proven that the damage is due to a fault in production. Or alternatively provide an alternative or correction to any production default. All Products which the customer intends to return must be kept in good condition whilst in the possession of the customer.

Caldoni Clothing Ltd warrants that:

• [subject to Caldoni Clothing Ltd being entitled to make changes to the specification, design, materials or finishes of any Products required in order to comply with any applicable safety or other statutory requirements,] the Products will [in all material respects] correspond with their descriptions as set out on this website or as otherwise supplied by Caldoni Clothing Ltd to the customer; and
• the Products will, save to the extent that any defects are drawn to the attention of the customer before acceptance of the customer’s order, be of satisfactory quality. Unless otherwise stated on the website, Caldoni Clothing Ltd gives no warranty that the Products will be suitable for any particular purpose or for use under any specific conditions. Caldoni Clothing Ltd gives no warranty that making the Products available in any particular jurisdiction outside the United Kingdom is permitted under any applicable non-United Kingdom laws or regulations. Accordingly the Products or any part of them are not offered for sale in any jurisdiction or to any customer where making those Products available is prohibited, whether by reason of nationality, residence, age or otherwise. Customers resident outside the United Kingdom must satisfy themselves that they are lawfully able to purchase the Products. All other express or implied terms, conditions, warranties or representations whatsoever with regard to the Products, this website or any information or service provided by Caldoni Clothing Ltd through this website are excluded to the fullest extent permitted by law.

Nothing in these terms and conditions shall exclude or restrict the liability of Caldoni Clothing Ltd for death or personal injury resulting from negligence or for fraudulent misrepresentation or in any other circumstances where liability may not be so limited under any applicable law. Subject to the paragraph above, Caldoni Clothing Ltd shall not be liable, whether in contract, tort, negligence, breach of statutory duty or otherwise for loss of data, profit, revenue, use, business, anticipated savings, goodwill, reputation or opportunity, financial or other economic loss or any indirect or consequential loss or damage, costs or expenses whatever or however arising out of or in connection with:
• the sale and supply of the Products; or
• the purchase or attempted purchase of the Products by persons in jurisdictions outside the United Kingdom, or
• any non-availability or use of this website or any reliance on its contents. Subject to the two paragraphs above, the total liability of Caldoni Clothing Ltd, whether in contract, tort, negligence, breach of statutory duty or otherwise, for any loss or damage, costs or expenses arising directly in connection with:
• the sale and supply of the Products; or
• [the purchase or attempted purchase of the Products by persons in jurisdictions outside the United Kingdom, [or]
• any non-availability or use of this website or any reliance on its contents shall not exceed an amount equal to £100k or such sum as has been paid to Caldoni Clothing Ltd for the Product concerned] whichever is the lesser amount. If the limitation on the Caldoni Clothing Ltd’s liability set out in the preceding paragraph is adjudged to be unreasonable in the circumstances, the limit of Caldoni Clothing Ltd’s liability shall be increased to the amount that Caldoni Clothing Ltd can recover from its insurer for the loss in question.

If the Buyer makes any voluntary arrangement with its creditors or becomes subject to an administration order or becomes bankrupt or goes into liquidation then, without prejudice to any other right or remedy available to Caldoni Clothing Ltd , the Caldoni Clothing Ltd shall be entitled to cancel the contract or suspend any further deliveries under the contract without any liability to the Buyer, and if the goods have been delivered but not paid for, the price shall become immediately due and payable notwithstanding any previous agreements or arrangements to the contrary.

The failure or delay by either party to exercise or enforce any right or remedy under these terms and conditions shall not operate as a waiver of that right or remedy. These terms and conditions together with [the terms of use, Caldoni Clothing Ltd’s privacy policy, any order form, any payment method instructions or any order acknowledgement, (the “Contract Documents”)] constitute the entire agreement between Caldoni Clothing Ltd and the customer with respect to [access to and use of this website and] the supply and purchase of the Products. The customer confirms and acknowledges that it has not been induced to place any order for the Products by any representation, warranty, or undertaking made by Caldoni Clothing Ltd or any other person and waives any rights that it may have to damages or rescission for misrepresentation (other than fraudulent misrepresentation) that are not expressly incorporated in the Contract Documents. Caldoni Clothing Ltd will not be deemed to be in breach of these terms and conditions or held liable to the customer for any delay in performance or failure to perform any of its obligations to the customer to the extent that such delay or non-performance is due to any cause beyond Caldoni Clothing Ltd’s reasonable control. Caldoni Clothing Ltd may assign or sub-contract any or all of its rights and obligations under these terms and conditions without the prior written consent of the customer at any time. No person who is not a party to the contract between Caldoni Clothing Ltd and the customer shall have any right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term or condition of it. If any provision or terms of these terms and conditions shall become or be declared unlawful, invalid or unenforceable, in whole or in part, for any reason whatsoever, such provision or term or such part of it shall to that extent be severed from the remaining terms and conditions and deemed to be deleted from them as far as possible without modifying or affecting the legality, validity or enforceability of the remaining terms and conditions, which will remain in full force and effect. These terms and conditions shall be governed by and construed in accordance with English law and any dispute arising out of the supply and purchase of the Products shall be subject to the exclusive jurisdiction of the English Courts. All notices shall be given:
• to Caldoni Clothing Ltd by e-mail to sales@sensport.co.uk; or
• to the customer either by e-mail or by post to the customer’s e-mail or postal address provided during the ordering process. Notices sent by e-mail will be deemed to be received when the e-mail is received in full or, if it is received on a weekend or public holiday in the place of receipt, on the next business day. Notices sent to the customer by post will be deemed to be received 3 days after the date of posting. Please click on the I accept button prior to submitting your order to confirm your acceptance of these terms and conditions.