CAPITAL TERMS & CONDITIONS
Thank you for visiting our website’s terms and conditions for use.
If you have any specific queries about any issues or questions, just call us and we will happily help.
They do not affect your statutory rights.
Your continued use of this website constitutes your agreement to be bound by these terms and conditions which shall also govern all transactions on the website to the exclusion of any other terms and conditions.
Capital Furniture (Capital, ‘we’, or ‘us’) reserves the right to change these terms and conditions from time to time without notice to you and any changes will take effect on the day they are posted. Any such changes will be posted on this section of the website and your continued use of the website constitutes your agreement to be bound by the prevailing terms and conditions. You will be requested to read and accept these terms and conditions every time you place an order. For this reason we encourage you to review them whenever you use this website to ensure that you are familiar with the latest terms and conditions. We also recommend to all our customers to print and retain a copy of the terms and conditions for future reference.
A. PURCHASE OF PRODUCTS
1. Creating the Contract
1.1 You place an order on the website by selecting an item and following the instructions.
1.2 You will have an opportunity to check and correct any input error in your order up until you click the Submit Order button.
1.3 After you have submitted your order you will receive an order acknowledgement e-mail from us, and a confirmation email of payment from the payment provider confirming the transaction.
1.4 Once payment has been authorized and we have determined the availability of stock we will arrange for the delivery of the goods to you. Acceptance of your order and the creation of a legally binding contract between us will only occur when we send you a second e-mail which contains the details of how your goods will be delivered to you.
1.5 We reserve the right to decline all or part of any order for whatsoever reason and should this occur we will e-mail you with these details and all monies are refunded in full.
1.6 It is recommended that you retain all e-mails relating to your order and contract.
1.7 The details of your specific contract are filed by us. Should you want any information regarding your order you can contact us anytime.
2. Payment, all payments must be made in full, we don’t take deposits on goods*.
2.1 If you have chosen to pay by card or PayPal, once your order is received we will process the payment for your order by way of the credit or debit card details you have provided. In the event that there is insufficient stock to satisfy your order you will be informed as soon as possible. A refund will be processed through your chosen credit or debit card used for the payment of the order.
2.2 All prices and charges on this website are quoted in UK pounds. The price you pay for your order is that price which is displayed on the website. Prices include VAT unless otherwise stated and include delivery charges. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you an option of reconfirming your order at the correct price, or cancelling the order. If we are unable to contact you we will treat the order as cancelled and you will receive a full refund.
*For larger trade orders on goods totaling more than £2000. A holding deposit may be taken of 25% to secure the order. The deposit is non-refundable should the order subsequently be cancelled.
3. Security and Clearing
3.1 All credit and debit card payments that are made on our website are protected by a secure connection. This secure connection ensures that your credit and debit card is encrypted prior to it being transferred to the bank for authorization.
3.2 As an additional security means, no credit or debit card details submitted online are stored directly by us once your order has been processed.
4. Delivery of goods to you
4.1 We will deliver the goods you have ordered to the address you give us for delivery at the time you place your order. We can only deliver to addresses within mainland England, Mainland Scotland and Wales free of charge, anywhere beyond those regions may incur a delivery charge.
4.2 We aim to deliver your furniture within the time quoted on our website when you place your order. If circumstances change, we will contact you. If, however, it is delayed due to circumstances beyond our control, then we cannot accept any liability for consequential loss.
4.3 The delivery times quoted on the website are for delivery to postcodes which fall within our normal delivery areas. Should your postcode fall outside our normal delivery area, delivery times may vary slightly. We will inform you of this when confirming acceptance of your order.
4.4 You will become the owner of the goods (and be liable for the loss or destruction of the goods) at the time of delivery, provided that we have received payment in full for the goods.
4.5 All deliveries are signed for. If you are out when our delivery team arrives, they will leave a card with a contact number for you to call them and arrange a delivery at a future date.
4.6 Where Guaranteed delivery is stated, efforts above and beyond our regular service will be made to ensure delivery is completed. However the guarantee will be void if unforeseen circumstances beyond our control interfere with the delivery process, such as severe weather, strikes, fire , blizzards, flood, lockout, highway closure.
5. Access to the destination room
5.1 Before placing an order, please check that the items of furniture will fit through any passages, stairwells, landings and doorways on the way to the destination room.
6. Cooling off Period (applicable to online orders only.)
6.1 You are entitled to a statutory cooling off period beginning from the date you place your order online and ending 7 working days after you received the goods.
6.2 You must inform us in writing during the cooling off period that you are cancelling the contract (e-mails are accepted).
6.3 If you have not received the goods at the time of cancellation of the contract, and we have not processed the goods for delivery, we will refund to you all the monies paid by you for the goods in question as soon as possible and in any event within 30 days of your cancellation being accepted.
6.4 If you have not received the goods at the time of cancellation of the contract, but we have processed the goods for delivery, and they are en route, you must not unpack the goods when they are received by you. You are the owner of the goods once they have been delivered to you and you are liable for their loss or destruction. The goods must be returned to us as soon as possible. We will refund to you all the monies paid by you for the goods in question in the same form of payment originally used for the purchase, as soon as possible and in any event within 30 days of your cancellation being accepted.
6.5 If you have received the goods at the time of cancellation of the contract, the goods must be returned to us as soon as possible. You are the owner of the goods once they have been delivered to you and you are liable for their loss or destruction. The goods must be returned to us as soon as possible. We will refund to you all the monies paid by you for the goods in question. The refund will be in the same form of payment originally used for the purchase as soon as possible and in any event within 30 days of your order being accepted, PROVIDED THAT the goods are returned and received by us in the condition that they were in when delivered to you, and in their original packaging.
If you wish to return your purchase from us because of a quality issues or damages, you must notify us in writing, (emails are accepted), within 7 days.
Photographs will be asked for to provide some evidence of the faults or damages prior to the return.
All goods must be returned in their original packaging, if the goods are not in their original packaging the courier may not collect the goods and we may charge you for the failed collection. If the items are not in their original packaging we will not be able to refund the returns.
All Furniture must not be assembled, or have been assembled. If the furniture has been assembled at any stage we will not be able to accept them as returns.
Once the goods are back in our premises and inspected, we will issue a refund as soon as possible, and in any case within 30 days.
If you wish to return the goods back to us yourself, you can return the goods to our main warehouse by appointment.
6b. Change of Mind
A standard flat fee of £25 is charged for the return of goods that are not faulty. This is classed as a ‘change fo mind’, and the full details are displayed on our Shipping and Returns Page.
7. Damaged or Defective Goods
7.1 Every effort will be made to ensure that the goods you have ordered arrive undamaged and without defect.
7.2 If the goods are found to be either damaged or defective in any way at the time of delivery, you must contact us straight away. If damage is discovered after delivery, you must contact us within 3 days of delivery of the goods. We will require photographic evidence of the damage sent to us via email so we can determine where the damage has occurred.
7.3 If the goods are damaged we will send a replacement item upon confirmation that the damaged item has been returned to us.
7.4 The amount of any refund under the guarantee shall be limited to the original purchase price paid for the unsatisfactory merchandise.
Our guarantee does not extend to non-domestic usage, or to goods which are taken outside the UK.
7.5 If the goods have been in site and used for any period longer then 30 days, no returns will be accepted. If the goods have been in site and used for a period less than 30 days and develop manufacturing defects a replacement will be issued with photographic evidence. Because of the nature of dining chairs in particular, the developments of faults depends on how they are treated and how often they are used. We will always do everything to resolve any problems that occur within 30 days of your purchase.
7a. Sizes & Dimensions
7a.1 The dimensions of the products are approximate, and usually accurate to within 1cm. At the time of design and manufacture the sizes on the products are accurate to this tolerance.
If you are ordering across different batches,(orders for the same product, placed in 2 separate orders over time), you may find slight size differences.
8. Cancellation by Us
8.1 We reserve the right not to accept any order request if:
8.1.1 We have insufficient stock to deliver the goods you have ordered;
8.1.2 We do not deliver to your area;
8.1.3 One or more of the goods ordered was incorrectly described or priced on the website;
8.1.4 The payment transaction is not authorized; or
8.1.5 You have not complied with the provisions of paragraph 12 of these terms and conditions.
8.2 If we do cancel your contract we will notify you by e-mail or telephone and will refund to you any sum paid by you to us in respect of the contract as soon as possible, and in any event within 30 days of the cancellation of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
9. Stock Levels
9.1 As far as reasonably possible all products featured to buy on the website are either in stock and available at the time of ordering, or are produced to order with the anticipated lead-time published on site
9.2 If any item is out of stock we will notify you and proceed in terms of paragraph 2.1 or 2.2 as appropriate.
10. Unforeseen Circumstances
While every effort is made to meet our customers demands, cancellations or variations may be necessary as a result of an Act of God, war, strike, lockout, labour dispute, fire, flood, drought, or other causes beyond our reasonable control.
11. Complaints and Remarks
11.1 If you have a complaint or a particular remark to make please do not hesitate to contact us immediately by, telephone or e-mail, the details of which are contained under the Contact Us page.
11.2 Any complaint will be dealt with fairly, effectively and confidentially. Your statutory rights as a consumer are unaffected.
12. Contractual Capacity
12.1 In order to be eligible to enter into a contract with us to purchase goods through the website you must:-
12.1.1 provide the required information including your real name, payment details including your card address; your delivery address if different from your card address; e-mail address and telephone number;
12.1.2 Be over the age of 18.
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these terms and conditions will not be affected.
These terms and conditions shall be governed by and construed in accordance with English law and you hereby agree to be subject to the jurisdiction of the Courts of England, Scotland and Wales. All contracts are concluded in English.
15. Data Protection and Privacy
16. Entire Agreement
16.2 Nothing said by any salesperson on our behalf should be understood as a variation of these terms and conditions or as an authorized representation about the nature or quality of any goods offered for sale by us.
16.3 Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
B. INTELLECTUAL PROPERTY RIGHTS
The content of this Website is the property of Capital Furniture LTD (or its third party licensors). You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us (or our licensors). You may not copy, reproduce, change, modify, license, transmit or sell any material or content contained herein and you are permitted to use this material only as expressly authorised by us (or our licensors).
Capital is providing this Website on an ‘as is’ basis and makes no representations or warranties of any kind, whether express or implied, in relation to this Website, or its contents and disclaims all such representations and warranties. In addition, Capital makes no representations or warranties about the accuracy, completeness, or suitability for any purpose of the information on this Website. The information contained in this Website may contain technical inaccuracies or typographical errors. All liability of Capital howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
Neither Capital nor any of its directors, employees or other representatives will be liable for loss or damage arising out of or in connection with the use of this Website. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
Capital accepts no liability for any information or content contained in external third party websites which link to or from this Website.
Notwithstanding the a foregoing, none of these exclusions and limitations are intended to limit any rights you may have as a consumer under local or other statutory rights which may not be excluded nor in any way to exclude or limit our liability to you for death or personal injury resulting from our negligence or that of employees and/or agents.
Public Venues and Commercial Property Disclaimer
All of the Furniture and dining chairs on our website conform to British standards and are fit for UK domestic purposes only, and are not crib 5 regulation, nor can we guarantee the dining chairs or furniture for breakages or quality issues if they are used in a public Venue.
If you intend to use furniture for a public venue or commercial premises, you will need to check your insurance requirements for fire regulations on your furniture. We cannot be held responsible for any incorrect products purchased for your venue or premises.
If Crib 5 regulation is required for your venue, please say so at the time of purchase so we can advise. Crib 5 standard chairs are available on request if required.
17. Voiding of Gurantee & Liability
Any modifications made to the products sold on our website will void its guarantee. We will also not be held responsible or liable for any quality issues, damages to property, or personal injury, for goods that have developed faults, if any modifictions to the Product or any of its parts have been carried out by the customer.