1. About these Terms
These terms and conditions (“Terms”) govern your access to and use of the Crest Leather website (“Website”) and any samples you request through it. By using the Website you confirm that you accept these Terms and agree to comply with them. If you do not accept them, you must not use the Website. We recommend that you save or print a copy for your records.
2. Who we are and how to contact us
The Website is operated by Crest Leather Ltd, Crest Leather Limited (“Crest Leather”, “we”, “us”, “our”), a company registered in England and Wales under company number 03610819, whose registered office is at 202-204 Finchley Road, London NW3 6BX, United Kingdom. Our VAT number is GB 722 5927 31. Crest Leather operates the Website and is your contracting party in relation to it. You can contact us by email at sales@crestleather.com or by post at our registered office.
We also have offices in Italy (Crest Leather Italia Srl, Via Arzignano 74, 36072 Chiampo, Vicenza, Italy; sales.ita@crestleather.com), the United States (4328 Federal Drive, Suite 101, Greensboro, NC 27410, USA; sales.usa@crestleather.com) and South Africa (Unit 16, 7 On Mastiff Road Office Park, Linbro Office Park, Sandton 2065, Johannesburg, South Africa; sales.za@crestleather.com).
3. Who these Terms apply to
These Terms apply to use of the Website in the course of a business or trade, for example as an upholsterer, manufacturer, designer or specifier. By using the Website you confirm that you are acting on behalf of a business and have authority to do so, that you are not using the Website as a consumer, and that you are at least 18 years old.
If you are a consumer, you may have rights under consumer protection law that these Terms do not affect, and some of the limitations in these Terms may not apply to you.
4. Definitions
In these Terms, “you” and “your” mean the business using the Website; “Content” means all material on the Website; and “Sample” means a leather sample requested through the Website. “Crest Leather”, “we”, “us” and “our” are defined in clause 2.
5. Using the Website
We grant you a non-exclusive, revocable licence to use the Website for lawful purposes connected with viewing our leather ranges and requesting Samples. We may update, change, suspend or withdraw all or any part of the Website at any time without notice. We do not guarantee that the Website, or any Content, will always be available or uninterrupted.
6. Acceptable use
You must not:
(a) use the Website in any unlawful or fraudulent way, or for any unlawful or fraudulent purpose;
(b) attempt to gain unauthorised access to the Website, its servers or any connected system;
(c) introduce any virus or other material that is malicious or technologically harmful; or
(d) collect data from the Website, or copy or resell any part of it, without our written consent.
We may withdraw your access to the Website if you breach this clause.
7. Trade accounts
Some areas of the Website may require you to register for a trade account. You must provide accurate information and keep it up to date. You are responsible for keeping your login details confidential and for all activity under your account, and you must tell us promptly if you suspect any unauthorised use. We may suspend or close an account if these Terms are breached or if we reasonably consider it necessary.
8. Requesting Samples
The Website allows you to request Samples to help you assess our leathers. A request does not create a binding contract; a contract is formed only when we confirm your request. Samples are free of charge. We may limit the number of Samples supplied to you, and we may decline any request at our discretion.
9. Product information, colour and natural variation
We take care to present our leathers accurately, but all images, Samples, colours, measurements, hide sizes and specifications are a guide only. Colours shown on screen or in a Sample may not match a production order exactly. Leather is a natural material. Variation in colour, shade, texture and grain between Samples and production orders, and the presence of natural marks, are characteristics of the material and are not defects. You should satisfy yourself that a leather is suitable before placing a production order, which will be governed by our separate terms of supply.
10. Pricing
Any prices shown on the Website are indicative only and, unless stated otherwise, exclude VAT and delivery. Prices for production orders are confirmed separately by our sales team and may differ by territory. We may change prices shown on the Website at any time.
11. Intellectual property
All Content on the Website, including text, images, photography, designs, logos and the Crest Leather name and branding, is owned by or licensed to us and is protected by intellectual property laws. You may view and, where offered, download Content for your own internal business use only. You may not otherwise copy, reproduce, publish, distribute or commercially use any Content without our prior written permission.
12. Links to other websites
The Website may contain links to third-party websites. These links are provided for convenience only. We do not control and are not responsible for the content, products or practices of those websites, and a link does not mean that we endorse them.
13. Privacy and cookies
We process personal data in accordance with our Privacy Policy. Please read it, as it explains what data we collect, how we use it and the choices available to you. Cookies that are not strictly necessary are used only where you give your consent through the cookie banner.
14. Our liability to you
Nothing in these Terms limits or excludes our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot be limited or excluded by law.
Subject to the paragraph above, the Website and all Content are provided free of charge on an “as is” and “as available” basis, without warranties of any kind. We are not liable to you for:
(a) any loss of profit, loss of business, business interruption, loss of goodwill or loss of anticipated savings;
(b) any indirect, special or consequential loss; or
(c) any loss arising from your reliance on Content, including colour, texture, hide size or specification, which are a guide only (see clause 9).
Our total liability to you arising out of or in connection with the Website and these Terms, whether in contract, tort (including negligence), breach of statutory duty or otherwise, will not exceed £100. This clause does not affect any separate terms that apply to the supply of leather to you.
We do not guarantee that the Website will be secure or free from bugs or viruses. You are responsible for configuring your own IT, devices and antivirus protection.
15. Events outside our control
We are not liable for any failure or delay in performing our obligations under these Terms where it results from events outside our reasonable control, including network or hosting failures, power outages and acts of government.
16. Changes to these Terms
We may revise these Terms at any time. The current version will always be available on the Website, and changes take effect when they are posted. If you continue to use the Website after a change, you accept the revised Terms.
17. General
If any provision of these Terms is found to be unlawful or unenforceable, the remaining provisions will continue in force.
These Terms, together with our Privacy Policy, form the entire agreement between you and us regarding your use of the Website.
If we do not enforce any right under these Terms, that does not mean we have waived that right.
You may not transfer your rights or obligations under these Terms without our consent. We may transfer ours. No one other than you and us has any right to enforce these Terms.
18. Complaints
If you have a complaint about the Website, please contact us using the details in clause 2.
19. Governing law and jurisdiction
These Terms, and any dispute arising out of or in connection with them, are governed by the laws of England and Wales. The courts of England and Wales have exclusive jurisdiction.