This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) listed on our website [www.capricorncontracts.com] (our website) to you. Please read these terms and conditions carefully and make sure that you understand them, before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
Please check that the details in your Order are complete and accurate before you commit yourself to these terms. Please ensure that you have read and understand these terms before you submit your order. You will be bound by the terms once a contract is formed between us. These terms and conditions are to be read in conjunction with our Delivery Policy as listed on our website.
|1.||Information about us|
|1.1||We operate the website, www.capricorncontracts.com. We are Capricorn Blinds Limited, a company registered in England and Wales under company number 03566243 and with our registered office and trading address at 1072 Coventry Road, Yardley, Birmingham B25 8DT. Our VAT number is 857658566|
|2.1||We do not accept orders from addresses outside the UK and Channel Islands.|
By placing an order through our site, you warrant that:
3.1.1 you are legally capable of entering into binding contracts; and
3.1.2 you are at least 18 years old.
|4||How the contract is formed between you and us|
|4.1||After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us. Subject to clause 10, the contract between us (Contract) will only be formed when your order is completed.|
|4.2||If Capricorn Blinds Ltd are not able to deliver part of the order it will contact the buyer and may deliver the remaining Products and refund the difference in price, unless the buyer expressly states in writing that part delivery of the Products will not be accepted.|
|5.1||If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 9 below).|
|5.2||To cancel a Contract, you must inform us in writing. You must also return the Products to us as soon as reasonably practicable, and at your own cost. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.|
|5.3||A Consumer will be deemed to have accepted the Products after a period of 7 Working Days following receipt. After this period a Consumer will not be entitled to reject the goods.|
|6||Availability and delivery|
|6.2||Your order will be delivered within a reasonable time frame but in any event no more than 30 days from the date of order, unless there are exceptional circumstances.|
|6.3||If delivery cannot be made, or is refused, there may an additional charge for redelivery.|
|7||Risk and title|
|7.1||The Products will be your responsibility from the time of delivery.|
|7.2||Ownership of the Products will only pass to you once we have accepted your order, and when we receive full payment of all sums due in respect of the Products, including delivery charges.|
|8||Price and payment|
|8.1||The price of the Products and our delivery charges will be as quoted on our site from time to time, except in cases of obvious error.|
|8.2||Prices as advertised on our site are exclusive of VAT. VAT will be added to stated price of our Products on purchase.|
|8.3||Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already accepted.|
|8.4||Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will refund you the difference within a reasonable time frame, but in any event no more than 30 days after dispatched the Products to you. If a Product's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you that we are rejecting it.|
|8.5||If the pricing error is obvious and unmistakeable and could have reasonably recognised by you as an error, we do not have to provide the Products to you at the incorrect (lower) price.|
|8.6||Payment for all Products must be made using the secure payment gateway provided on our website.|
|9||Our refunds policy|
If you return a Product to us:
9.1.1 because you, as a Consumer, have cancelled the Contract between us within the seven-day cooling-off period (see clause 5.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day on which you gave us notice of cancellation. In this case, we will refund the price of the Product in full, and any applicable delivery charges. However, you will be responsible for the cost of returning the item to us and where applicable, if Capricorn Blinds has incurred a cost associated with fulfilling your order, Capricorn Blinds Ltd will be entitled to deduct these reasonable costs. Further, we request that all Products be returned in a "as new" condition complete with all packaging and accessories undamaged. Products which do not comply with this condition will only be subject to a full or partial refund at the absolute discretion of Capricorn Blinds Ltd.
9.1.2 for any other reason (for instance, because you have notified us in accordance with clause 20 that you do not agree to a change in these terms and conditions or in any of our policies, or because you consider that the Product is defective), we will examine the returned Product and will notify you of your refund, if applicable, via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30Â days of the day we confirmed to you via e-mail that you were entitled to a refund. We will refund the price of a defective Product in full, any applicable delivery charges and any reasonable costs you incur in returning the item to us.
9.1.3 Products returned without the prior written approval of Capricorn Blinds Ltd may at its absolute discretion be returned to the buyer or sold without having to account to the buyer for the net proceeds of sale.
|9.2||We will usually refund any money received from you using the same method originally used by you to pay for your purchase.|
|10.1||Prior to an order being completed you may cancel your order by notifying us in writing. Full refunds will be made available following a cancellation unless Capricorn Blinds Ltd has incurred a cost associated with fulfilling your order. Where a cost has been associated, any refund offered will be at the absolute discretion of Capricorn Blinds Ltd.|
|11.1||All Products purchased from us through our site will contain a Warranty given by the manufacturer of the Product. All manufacturers supplying our Products provide a minimum Warranty of 12 months.|
Subject to clause 12.2, we will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories:
12.1.1 loss of income or revenue;
12.1.2 loss of business;
12.1.3 loss of profits;
12.1.4 loss of anticipated savings;
12.1.5 loss of data; or
12.1.6 waste of management or office time.
Nothing in this agreement excludes or limits our liability for:
12.2.1 death or personal injury caused by our negligence;
12.2.2 fraud or fraudulent misrepresentation;
12.2.3 any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
12.2.4 defective products under the Consumer Protection Act 1987; or
12.2.5 any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
|13.1||If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and 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. Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.|
|14.1||All notices given by you to us must be given to Capricorn Blinds Limited by email; firstname.lastname@example.org, or by post to; 1072 Coventry Road, Yardley, Birmingham, B25 8DT. We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our website, 24Â hours after an e-mail is sent, or threeÂ days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.|
|15||Transfer of rights and obligations|
|15.1||The contract between you and us is binding on you and us and on our respective successors and assignees.|
|15.2||You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.|
|15.3||We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.|
|16||Events outside our control|
|16.1||We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).|
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
16.2.1 strikes, lock-outs or other industrial action;
16.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
16.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
16.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
16.2.5 impossibility of the use of public or private telecommunications networks;
16.2.6 the acts, decrees, legislation, regulations or restrictions of any government; and
16.2.7 pandemic or epidemic.
|17.1||If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations|
|17.2||A waiver by us of any default will not constitute a waiver of any subsequent default.|
|17.3||No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.|
|18.1||If any court or competent authority decides that any of the provisions of these terms and Conditions or any provisions of a Contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.|
|19.1||These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.|
|19.2||We each acknowledge that, in entering into a Contract, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.|
|19.3||Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.|
|19.4||Nothing in this clause limits or excludes any liability for fraud.|
|20||Our right to vary these terms and conditions|
|20.1||You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within sevenÂ working days of receipt by you of the Products).|
|21||Law and jurisdiction|
|21.1||Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.|
|22||Third party rights|
|22.1||A person who is not party to these terms and conditions or a Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.|