Terms & Conditions

Introduction

These Terms and Conditions (together with the information and policies contained in the "Customer Service" pages on the website http://www.altuzarra.com (“Site”) and any other documents referred to in these terms and conditions, the “Terms”) set out the legal terms that apply to your use of the Site, the purchase of products from the Site (the “Products”), and your receipt of other services in connection with or related to the Site (together with the Site and the Products, the “Services”) that are provided by CaaStle, Inc. (“CaaStle”, “we”, “us”, “our”) (in partnership with P180, Inc.), as more particularly detailed below in the section entitled Operation of Site; Products.

BY ACCESSING THE SERVICES, YOU ARE ACCEPTING THESE TERMS. WE RESERVE THE RIGHT TO MODIFY OR AMEND THESE TERMS FROM TIME TO TIME. YOUR CONTINUED USE OF THE SERVICES FOLLOWING THE POSTING OF CHANGES TO THESE TERMS WILL MEAN YOU ACCEPT THOSE CHANGES. UNLESS WE PROVIDE YOU WITH SPECIFIC NOTICE, NO CHANGES TO THESE TERMS WILL APPLY RETROACTIVELY.

IMPORTANT NOTICE: Your use of our Services is subject to an arbitration provision (set forth below) requiring claims to be resolved by way of binding arbitration. By agreeing to these Terms, you and CaaStle hereby waive any right to participate in a class-action lawsuit or class-wide arbitration.

  • Eligibility

You must be at least 18 years old to purchase any Products and/or use the Services.

  • Privacy

Use of your personal information submitted to or via the Site is governed by the Altuzarra Privacy Policy.

Access to the Site

  • Your Equipment

It is your responsibility to ensure your equipment (computer, tablet or mobile device) meets all the necessary technical specifications to enable you to access and use the Site and is otherwise compatible with the Site.

  • Restricted Access

We may, from time to time, restrict access to certain features, parts of the Site, certain content on the Site, or the entire Site, without prior notice to you.

  • Account Creation and Login Details

If you create an account with us, you must ensure that any registration details you provide are accurate. You are the only person authorized to access and use your account. Your login details (such as a username and password or other identifier) are confidential and you cannot reveal your login details to anyone else. We may refuse to grant you a particular username for any reason, including, without limitation, if we have reason to believe that such username impersonates someone else, is protected by trademark or other proprietary rights, or is vulgar or otherwise offensive. You are responsible for all activities that occur under your login and you must notify us immediately of any unauthorized use or other security breach of which you become aware. We reserve the right to disable any login, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms or if any details you provide for the purposes of registering as a user prove to be false.

Operation of Site

The Site is owned by Altuzarra. Altuzarra has licensed the operation of its ecommerce business and the operation of the Site to CaaStle. As such, CaaStle provides certain services to enable the operation of the Site and your purchase of Products from the Site including, but not limited to, payment processing, customer service, order fulfillment, and delivery logistics.

Products

The Products are designed, created, manufactured, photographed and described by Altuzarra. Altuzarra attempts to be as accurate as possible in the description of the Products. However, we cannot guarantee that any descriptions are totally accurate, complete, reliable or error-free. The images of the Products on the Site are for illustrative purposes only. While we have taken reasonable steps to depict Products as accurately as possible through the photographs featured on the Site, the detailing (such as color, pattern and texture, etc.) you see on-screen will depend on your monitor and, as such, may not exactly reflect the actual detailing of a Product when you receive it.

Any information on the Site regarding sizing of Products is included as a guide only. If you are in doubt as to the size of any Product you require, we recommend that you contact us prior to placing an order.

Ordering And Availability

Products may be ordered by clicking on the items you wish to purchase and then following the prompts that appear on-screen. You may check and correct any input errors in your order up until the point you submit your order by clicking the "Pay Now" button on the checkout page.

  • Order & Dispatch Confirmation

After placing an order, you will receive an email from us acknowledging that we have received your order and providing you with an order reference number. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to buy a Product. All orders are subject to acceptance by us. We are not obliged to accept your order and may, at our discretion, decline to accept any order. You do, however, acknowledge that by clicking on the "Pay Now" button, you enter into an obligation to pay for the Product(s). Where we accept your order, we will confirm such acceptance to you by sending you an email that confirms that the Product has been dispatched (“Dispatch Confirmation”). The contract between you and us, in relation to the Product(s) ordered (“Contract”), will only be formed when we send you the Dispatch Confirmation.

  • The Contract

The Contract will relate only to the Product(s) whose dispatch we have confirmed in the Dispatch Confirmation. After entering into the Contract, we will be under a duty to supply you with goods that are in conformity with the Contract. We will not be obliged to supply any other Product(s), which may have been part of your order, until the dispatch of such Product(s) has been confirmed in a separate Dispatch Confirmation.

Delivery

  • Order Fulfillment

Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 5 business days after the date of the Dispatch Confirmation, unless there are exceptional circumstances.

  • Delivery Address

Your order will be delivered to the delivery address you specify when placing your order. Orders cannot be delivered to PO Boxes or similar addresses. Products comprised within the same order cannot be delivered to different addresses. If your delivery address is geographically remote (i.e. certain outlying islands), it is possible that we may not be able to deliver there. If that is the case, we will notify you before we accept your order. We reserve the right not to deliver to any country/region (i) to which delivery is prohibited by applicable export laws, (ii) that is subject to certain economic sanctions administered by the U.S. Office of Foreign Assets Control (OFAC), or (iii) is designated by the U.S. Department of State as Level 4: Do Not Travel.

  • Delivery Schedule

Deliveries are made by our trusted couriers and take place Monday through Saturday (or other normal working week days in countries/regions that follow a different pattern of working week), excluding bank and public holidays. It is not possible to specify a precise time at which a delivery will take place. Please note that the courier may require signature for delivery.

  • International Delivery

If you order Product(s) for delivery outside of the United States, note that the packages containing the Products may be opened and inspected by customs authorities and may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. If you are ordering Product(s) from a DAP (Delivery at Place) country/region, you will be responsible for payment of any such import duties and taxes. Upon checkout, you will be notified whether the price is already inclusive of import duties and taxes or if you are responsible for such duties and/or taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order. In the event that you return an item, the import duties will be refunded if they were originally included in the purchase price. If import duties were not included in the purchase price, then you will be responsible for reclaiming duty directly from your local customs office.

  • Compliance with Laws

You must comply with all applicable laws and regulations of the country/region for which the Product(s) are destined. We will not be liable for any breach by you of any such laws and regulations.

  • Your Delivery Options

In certain circumstances our delivery partner may leave your package outside or provide you with the following optional services when delivering your order, such as: (a) signature release: opting out of the requirement to provide a signature on delivery; (b) leave with neighbor, reception or security: re-directing the delivery to a neighbor, reception or security; (c) reschedule a new delivery date: selecting a delivery date that better suits you; and/or (d) re-directing to a collection point: collecting your package from a collection point nearby. If our delivery partner leaves your package outside, or if you decide to select any of the optional services (including through any default preferences you may have selected with our delivery partner separately) you acknowledge and agree that CaaStle shall bear no responsibility or liability for any loss or damage that may result from the delivery of your order in that way.

Risk Of Loss And Ownership

The risk of loss of the Product(s) ordered will pass to you at time of delivery or collection (as the case may be). Title in and to the Product(s) ordered will also pass to you on delivery or collection (as the case may be), provided full payment of all sums due in respect of the Product(s), including any taxes, duties, and delivery charges, has been received.

Price And Payment

  • Product Price

The price of Products is as quoted on the Site, which we may change from time to time upon posting a different price on the Site. The Site contains a large number of Products and it is possible that, despite our best efforts, some of the Products listed on the Site may be incorrectly priced. We will use best efforts to verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge you the lower amount. If a Product’s correct price is higher than the price stated on the Site, we will normally, at our discretion, either contact you for instructions before dispatching the Product or reject your order and notify you of such rejection.

  • Taxes and Delivery Charges

For Products shipping within the United States, sales tax may be added to the total amount when you view the items in your shopping cart. The Product price excludes delivery costs, which will be automatically added (at the cost shown) to the total amount due when you view the items in your shopping cart, and have selected your chosen different delivery method.

Prices and delivery costs are liable to change at any time, but changes will not affect orders for which we have already sent you a Dispatch Confirmation.

  • Payment Methods

Please visit the Payment page to see the forms of payment we accept.

Online payment transactions are subject to validation checks by your card issuer and we are not responsible if your card issuer declines to authorize payment for any reason. We also carry out a standard pre-authorization check on your payment card, and Products will not be dispatched until this pre-authorization check has been completed. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this.

  • Discount Codes

On occasion, we may run promotions where we issue discount codes. These discount codes can be used subject to the terms and conditions under which they were issued. Discount codes can only be used once, only during the period of validity stated, and only in respect of the relevant Product(s) stated. Discount codes cannot be redeemed for cash.

Pre-order Items

By selecting to pre-order a Product, you will be placed on a waiting list. Payment for pre-order Products is taken at the time of the pre-order and will be subject to our usual fraud checks. All pre-order Products have an estimated shipping date, which indicates the date that the Product will ship out from the warehouse. In the event of a delay to the estimated shipping date, or cancellation of the pre-order by Altuzarra, you shall be entitled to a full refund. Neither CaaStle nor Altuzarra shall have additional liability in respect of such delay or cancellation. Where an order includes both available and pre-ordered Products, the available Products will be delivered first. Once you have received your pre-order Products, our standard return policy shall apply.

Returns Policy

Returned Products must conform to the returns policy below. Please visit the Returns & Exchanges page for return instructions.

  • You are required to take reasonable care of the Products while they are in your possession, and you must return them in the same condition in which you received them (except to the extent reasonably necessary to examine them).

  • We can only collect returns from the same country/region to which your order was delivered. If you have returned an item from a country/region other than your delivery country/region, additional import duties may be applied.

  • Thoroughly check garments upon delivery before removing any attached tags and before disposing of any original packaging.

  • Items must be returned unworn, unwashed, undamaged, unused, and with all original tags attached.

  • Where possible, any packaging such as authenticity cards, dust bags and leather tags must also be returned as they are considered part of the Product.

  • Footwear must be returned unworn (except to try-on) un-marked and un-scuffed in the original undamaged boxes provided and inside a protective shipping box.

  • Hosiery, lingerie and swimwear must only be tried on over your own undergarments. We will not accept any returns that have been worn or are soiled. Hosiery, lingerie and swimwear items must be returned with undamaged Product packaging, where applicable.

  • Jewelry must be returned in the same condition it arrived in, including all branded packaging and documents provided with it.

  • Return items in their original packaging to ensure the necessary protection when in transit.

If you fail to comply with the above obligations, we may deduct from the refund an amount to reflect the diminished value of the Product(s) up to the full price of the Product(s).

You cannot return the following Products:

  • Products that have been personalized or made to your own bespoke specifications unless such Products were damaged or faulty when delivered to you.

  • Any garments or cosmetics Products that have had a hygiene label or seal removed or broken.

Faulty Products

If any Product you order is damaged or faulty when delivered to you, through no fault of your own, you should inform us as soon as possible, preferably in writing, giving your name, delivery address and order reference number. We will do our best to rectify the damage or fault.

Prohibited Activities

  • Content on the Site

No part of the Services, including any content on the Site, may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording, except that CaaStle authorizes you to view, copy, download, and print content on the Site (such as press releases and FAQs) that is available on the Services, provided that: (a) you use such content solely for your personal, noncommercial, informational purposes; (b) you do not modify the content; and (c) you do not remove any copyright, trademark, and other proprietary notices on content.

  • Restricted Activities

You may not use the Services to: (i) transmit any content, information or other materials that are, or which CaaStle considers in its sole discretion to be, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, hateful or threatening; (ii) introduce viruses, worms, Trojan horses and/or harmful code; (iii) transmit or provide any content, information or other materials that infringe, misappropriate or violate any intellectual property or other right of any third party; (iv) promote or solicit any business or promote, solicit or participate in multi-level marketing or pyramid schemes; (v) impersonate any other person, including but not limited to, a CaaStle representative; (vi) post, collect or disclose any personally identifying information (including account names) or private information about children or any third parties without their consent (or their parent's consent in case of a child under 18 years of age); (vii) transmit any unsolicited advertising, promotional materials, or any other forms of solicitation, including without limitation, solicitations of credit card numbers, solicitations for sponsors, or promotion of raffles or contests; (viii) violate these Terms, or any applicable local, state, national or international laws or regulations; or (ix) use our Services or the Site content to develop a competing service or product.

You also agree that you will not (and will not attempt to or permit any third party to): (a) use any device, software, malicious code or destructive routine intended to damage or otherwise interfere with the proper functioning of our Site, servers, or networks connected to our Services or take any other action that interferes with any other person’s use of our Services; (b) reverse engineer, decompile, disassemble, translate, derive the source code for, or otherwise interfere with the Services, any part thereof or access thereto; (c) 'scrape' content or store content of the Site on a server or other storage device connected to a network or create an electronic database by systematically downloading and storing all of the content on the Site; (d) remove or change any content of the Site or attempt to circumvent security or interfere with the proper working of the Site or the servers on which it is hosted; (e) create links to the Site from any other website, without our prior written consent, although you may link from a website that is operated by you provided the link is (i) not misleading or deceptive and fairly indicates its destination, (ii) you do not imply that we endorse you, your website, or any products or services you offer, (iii) you link to (and do not frame or replicate) the home page of the Site, and (iv) the linked website does not contain any content that is unlawful, threatening, abusive, defamatory, pornographic, obscene, vulgar, indecent, offensive, hateful, or which infringes on the intellectual property rights or other rights of any third party.

Intellectual property rights

  • Our Intellectual Property

All intellectual property rights in any content of the Site (including text, graphics, software, photographs, trademarks and logos), the Products, and other Services (and any modifications to any of the foregoing) are owned by CaaStle, Altuzarra or their respective licensors and are protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. CaaStle, Altuzarra, and their affiliates and licensors reserve all rights in and to the Services not granted expressly in these Terms. Except as expressly set out in these Terms, nothing in these Terms gives you or shall be construed to give you any rights in respect of any intellectual property owned by us or our licensors, and you acknowledge that you do not acquire any ownership rights in and to any content on the Site or any other aspect of the Services.

  • Limited License

On the condition that you comply with all your obligations under these Terms, we hereby grant to you a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to access and use the Services solely in connection with your personal, non-commercial purposes. We reserve all rights not otherwise expressly granted by these Terms. If you do not comply with these Terms, we reserve the right to revoke any license granted in these Terms and limit your access to the Services. Any use of the Services that exceeds the rights expressly granted in these Terms is strictly prohibited and constitutes a violation of these Terms, which may result in the immediate termination of your right to access and use the Services.

  • Feedback

By sending us any feedback, ideas, suggestions, documents or proposals (“Feedback”), you grant to us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works of, publish, distribute, sublicense and otherwise exploit the Feedback, and you waive all moral rights in the Feedback which may be available to you in any part of the world and confirm that no such rights have been asserted. You represent and warrant that the Feedback does not contain any confidential or proprietary information of any third party, and that CaaStle and Altuzarra may use your Feedback without restriction or obligation to you or any third party.

  • Notice and Take Down Procedures; Copyright Agent

If you believe any content on the Site infringes your copyright, you may request removal of those materials (or access thereto) by contacting CaaStle’s copyright agent (identified below) and providing the following information: identification of the copyrighted work that you believe to be infringed, including a description of the work, and, where possible, a copy or the location (e.g., URL) of an authorized version of the work; identification of the material that you believe to be infringing and its location, including a description of the material and its URL or any other pertinent information that will allow us to locate the material; your name, address, telephone number and email address; a statement that you have a good faith belief that the use of the materials is not authorized by the copyright owner, its agent, or the law; a statement that the information that you have supplied is accurate, and indicating that ‘under penalty of perjury,’ you are the copyright owner or are authorized to act on the copyright owner’s behalf; and a signature or the electronic equivalent from the copyright holder or authorized representative.

CaaStle’s agent for copyright issues relating to the Services is as follows: CaaStle, Inc. Attn: Legal Dept. 5 Penn Plaza, Floor 4, New York, NY 10001.

External links

The Site may, from time to time, include links to external sites, which may include links to third party offers and promotions. We include these to provide you with access to information, products or services that you may find useful or interesting. We are not responsible for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available. The fact that we include links to such external sites does not imply any endorsement of or association with their operators or promoters.

Dispute Resolution, Arbitration And Class Action Waiver

This Section includes an agreement that all claims will be brought either in arbitration or in small claims court and, in either case, only in an individual capacity (and not as a class action or other representative proceeding). Please read it carefully.

  • Informal Process First

Both you and CaaStle agree that in the event of any dispute between us, you and CaaStle will first contact the other party and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution.

  • Mandatory Arbitration of Disputes

All disputes between you and CaaStle will be resolved by BINDING ARBITRATION. YOU HEREBY AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under these Terms, except for matters that may be taken to small claims court. Your rights will be determined by a neutral arbitrator, NOT a judge or jury. You agree that any dispute arising out of or relating to these Terms, including with respect to the interpretation of any provision of these Terms or concerning CaaStle’s performance or obligations, shall be resolved by mandatory and binding arbitration submitted to JAMS in accordance with its Commercial Arbitration Rules at the request of either CaaStle or you pursuant to the following conditions:

  1. Place of Arbitration Hearings. Unless you elect to conduct the arbitration by telephone or written submission, an in-person arbitration hearing will be conducted at a JAMS facility in New York County, New York, USA.

  2. Conduct of Arbitration. The arbitration shall be conducted by a single neutral arbitrator under JAMS’ Streamlined Arbitration Rules & Procedures. For claims exceeding $5,000.00, the arbitration shall be conducted under JAMS’ Comprehensive Arbitration Rules & Procedures. Subject to the applicable JAMS procedure, the arbitrator shall allow reasonable discovery in the forms permitted by the Federal Rules of Civil Procedure, to the extent consistent with the purpose of the arbitration. The arbitrator(s) shall have no power or authority to amend or disregard any provision of this section or any other provision of these Terms, except as necessary to comply with JAMS’ Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness. The arbitration hearing shall be commenced promptly and conducted expeditiously.

  3. Findings and Conclusions. The arbitrator(s) shall, after reaching judgment and award, prepare and distribute to the parties written findings of fact and conclusions of law relevant to such judgment and award and containing an opinion setting forth the reasons for the giving or denial of any award. The award of the arbitrator(s) shall be final and binding on the parties, and judgment thereon may be entered in a court of competent jurisdiction.

  4. Costs and Fees. You will be subject to a $250 filing fee to initiate an arbitration. To the extent permitted by JAMS procedures, each party shall bear its own costs and expenses and an equal share of the arbitrators' and administrative fees of arbitration.

  5. Litigation. Either party may, without waiving any remedy under these Terms, seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the rights or property of that party, pending the establishment of the arbitral tribunal (or pending the arbitral tribunal's determination of the merits of the controversy). We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

  6. Other. The Federal Arbitration Act and federal arbitration law apply to these Terms.

  • Class Action Waiver

The parties expressly waive any ability to maintain any class action in any forum. Any arbitration, claim or other proceedings by or between you and CaaStle shall be conducted on an individual basis and not in any class action or on a consolidated or representative basis. You further agree that the arbitrator shall have no authority to award class-wide relief or to combine or aggregate similar claims or unrelated transactions. You acknowledge and agree that these Terms specifically prohibit you from commencing arbitration proceedings as a representative of others. If for any reason a claim proceeds in court rather than in arbitration, the parties each waive any right to a jury trial. Any claim that all or part of this class action waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.

Disclaimer Of Warranties; Indemnification; Limitation Of Liability

  • Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WITHOUT LIMITATION, WE MAKE NO WARRANTY THAT THE PRODUCTS AND SERVICES WILL MEET YOUR REQUIREMENTS, THAT CONTENT FOUND ON THE SITE WILL BE ACCURATE, COMPLETE, CORRECT OR RELIABLE, OR THAT THE QUALITY OF ANY INFORMATION, CONTENT, OR OTHER MATERIALS OBTAINED THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE ACCEPT NO LIABILITY FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOU OR ANYONE ELSE USING THE SITE OR RELYING ON ANY OF ITS CONTENT.

WE CANNOT AND DO NOT GUARANTEE THAT ANY CONTENT OF THE SITE WILL BE FREE FROM VIRUSES AND/OR OTHER CODE THAT MAY HAVE CONTAMINATING OR DESTRUCTIVE ELEMENTS. IT IS YOUR RESPONSIBILITY TO IMPLEMENT APPROPRIATE IT SECURITY SAFEGUARDS (INCLUDING ANTI-VIRUS AND OTHER SECURITY CHECKS) TO SATISFY YOUR PARTICULAR REQUIREMENTS AS TO THE SAFETY AND RELIABILITY OF CONTENT. ANY CONTENT OR OTHER MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR SOLE RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

  • Indemnification

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS CAASTLE, P180, AND ALTUZARRA, AND THEIR SUBSIDIARIES, AFFILIATES, OFFICERS, VENDORS, MEMBERS, MANAGERS, EMPLOYEES, DIRECTORS, AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, DEMANDS, OR EXPENSES, INCLUDING ATTORNEY’S FEES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH: (1) YOUR USE OF THE SERVICES, INCLUDING YOUR PURCHASE OF PRODUCTS; (2) YOUR VIOLATION OF THESE TERMS, (3) ANY OF YOUR CONTENT YOU PROVIDE THROUGH THE SERVICES, (4) YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF ANY THIRD PARTY, AND (5) YOUR NEGLIGENCE OR WILLFUL MISCONDUCT.

  • Limitation of Liability

YOU HEREBY WAIVE AND RELEASE ANY AND ALL CLAIMS AND LIABILITIES AGAINST CAASTLE, P180 AND ALTUZARRA THAT ARISE FROM YOUR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, YOUR USE OF THE SERVICES IN VIOLATION OF THESE TERMS OR ANY FEDERAL, STATE, OR LOCAL LAWS OR REGULATIONS.

UNDER NO CIRCUMSTANCES, SHALL CAASTLE, P180 AND ALTUZARRA OR ANY OF THEIR OFFICERS, DIRECTORS, MANAGERS, SHAREHOLDERS, EMPLOYEES, AGENTS, OR CONTRACTORS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SERVICES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR OTHERWISE, INCLUDING LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE, GROSS NEGLIGENCE, OR OTHER TORTIOUS ACTION, EVEN IF A PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

IN THE EVENT THE EXCLUSION OR LIMITATION OF LIABILITY CONTAINED IN THESE TERMS SHALL BE DETERMINED BY A COURT OR ARBITRATOR TO BE INVALID OR UNENFORCEABLE, THEN SUCH PROVISIONS SHALL BE REFORMED TO THE MAXIMUM LIMITATION PERMITTED BY APPLICABLE LAW. IN ANY EVENT, THE TOTAL MAXIMUM AGGREGATE LIABILITY OF CAASTLE, ALTUZARRA, OR P180 AND ANY OF THEIR OFFICERS, DIRECTORS, MANAGERS, SHAREHOLDERS, EMPLOYEES, AGENTS, OR CONTRACTORS UNDER THESE TERMS, OR YOUR USE OR EXPLOITATION OF ANY OR ALL PARTS OF THE SERVICES IN ANY MANNER WHATSOEVER, SHALL BE LIMITED TO THE LESSER OF (i) ONE THOUSAND DOLLARS ($1,000.00) OR (ii) THE AMOUNTS PAID BY YOU FOR PURCHASE OF THE PRODUCTS.

IF YOU ARE A CALIFORNIA RESIDENT OR COULD OTHERWISE CLAIM THE PROTECTIONS OF CALIFORNIA LAW, YOU FURTHER EXPRESSLY WAIVE THE PROVISIONS OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH READS AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO THE CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND SECTION 1542 OF THE CALIFORNIA CIVIL CODE, AND YOU HEREBY EXPRESSLY WAIVE AND RELINQUISH ALL RIGHTS AND BENEFITS UNDER THAT SECTION AND ANY LAW OF ANY JURISDICTION OF SIMILAR EFFECT WITH RESPECT TO YOUR RELEASE OF ANY CLAIMS YOU MAY HAVE AGAINST CAASTLE, P180 OR ALTUZARRA.

Miscellaneous

  • Communications

You consent to receive communications from us, including email, text messages, phone calls (including by an automatic telephone dialing system), and push notifications, including for the purposes of notifying you about the status of your order, sending you reminders, facilitating secondary authentication, and providing other information. We may contact you by telephone at any of the telephone numbers provided by you. Standard message and data rates charged by your mobile carrier may apply to the text messages we send you. You may opt out of receiving communications by emailing customerservice@altuzarra.com or calling us at +1-877-963-0667. You acknowledge that opting out of receiving communications may impact your use of the Services.

  • Mobile Charges

Your contract with your mobile network provider (“Mobile Provider”) will continue to apply when accessing or using the Services on your mobile, handheld device. You understand that your Mobile Provider may charge you fees for your use of its network connection services while accessing or using the Services, for data downloading, email, text messages, for roaming, and other Mobile Provider or third party charges. YOU ACCEPT RESPONSIBILITY FOR ALL MOBILE PROVIDER FEES.

  • Consent to Do Business Electronically

We use and rely upon electronic means of delivery for delivering these Terms and any other agreements, undertakings, notices, disclosures or other documents, communications or information of any type sent or received in accordance with these Terms and in performing our obligations and exercising our rights under these Terms. You agree not to contest the authorization for, or validity or enforceability of, electronic records, electronic communications, and electronic signatures, or the admissibility of copies thereof, under any applicable law relating to whether certain agreements, files, or electronic records are to be in writing or signed by you to be bound thereby. You will bear your own costs and expenses in conducting business electronically, and will undertake all steps necessary, including software, hardware, and other equipment upgrades and purchases, in order to be able to conduct business electronically.

  • Equitable Relief

You agree that breach of the provisions of these Terms would cause irreparable harm and significant injury to us, which may be both (i) difficult to ascertain, and (ii) not be compensable by damages alone. As such, you agree that we have the right to enforce the provisions of these Terms by injunction (without necessity of posting bond), specific performance, or other equitable relief without prejudice to any other rights and remedies we may have for your breach of these Terms.

  • Governing Law/Venue

These Terms are governed and interpreted pursuant to the laws of the State of New York, notwithstanding any principles of conflicts of law. Any disputes in connection with these Terms that, notwithstanding the mandatory arbitration provision above, results in court action, shall be resolved exclusively by a state or federal court located in New York County, New York, USA and you specifically consent to the personal jurisdiction of such courts and waive any claim of forum non convenience.

  • Entire Agreement

These Terms constitute the entire agreement between you and CaaStle relating to the subject matter herein and shall not be modified except by CaaStle (in accordance with these Terms), or as otherwise agreed in writing by you and CaaStle. No employee, agent or other representative of CaaStle or Altuzarra has any authority to bind CaaStle or Altuzarra with respect to any statement, representation, warranty or other expression not specifically set forth in these Terms.

  • Severability and Waiver

If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. The failure of a party to require performance of any provision will not affect such party’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.

  • Assignment

You may not assign or transfer these Terms or any of your rights or obligations under these Terms. CaaStle may assign these Terms at any time without notice to you.

  • Force Majeure

CaaStle will not be liable for, or be considered to be in breach of these Terms on account of, any delay or failure to perform as required by these Terms as a result of any cause or condition beyond CaaStle’s reasonable control including but not limited to Acts of God such as earthquakes, floods, and hurricanes; fires; explosions; war, acts of terrorism, or civil unrest; strikes, lockouts, or other labor disputes; riots or civil commotion; acts of government including laws, regulations, or orders; shortage of materials or labor; epidemics or pandemics; and internet failures or cyberattacks.

Contact Us

Please send any questions or comments to customerservice@altuzarra.com or call us at +1-877-963-0667. To report violations of these Terms, please send correspondence to CaaStle, Inc., Attn: Legal Dept., 5 Penn Plaza, Floor 4, New York, NY 10001.