Legal Information

General terms

Your contract for purchases made through the Site is with CAP, and you undertake that any and all goods ordered by you are for your own private and domestic use only. CAP will not be held responsible for any failure resulting from commercial use.

You must be eighteen years old to make purchases from this site. If you are under eighteen, you may only use the site in conjunction with, and under the supervision of, a parent or guardian. If you do not qualify, please do not use the site to make purchases.

While we try and ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.

No contract for the sale of any product will subsist between you and CAP until CAP dispatches the product(s) ordered. We will confirm that the product(s) have been ordered by a confirmation email. This confirmation e-mail does not amount to an acceptance by CAP of your offer to buy goods from CAP.

We shall be entitled to process your data in accordance with our data protection policy for any of the purposes that CAP is authorised to process data for by the Office of the Information Commissioner. Please request a copy of this document if you require any further information. Should you not want us to process your personal data for a specific reason you should email or write to us requesting this at the registered address. Regardless of this you will be added to the CAP mailing list if you do not tick the “opt out “ tick box at the point of sale, you will also have to write to us to be removed from this list.

You undertake that all details you provide for the purpose of ordering or purchasing goods or services are correct, that the credit or debit card you are using is your own and that there are sufficient funds to cover the cost of the goods or services ordered.

If there are any changes to the details supplied by you it is your responsibility to inform CAP as soon as possible.

All purchases are non-exchangeable, non-refundable and non-transferable.

You may cancel your order at any time prior to your order being processed by telephoning us on RELEVANT NUMBER during normal office hours. You may also withdraw from the contract at any time after the product has been dispatched no later than 7 days after you receive the product(s) by:

Returning the goods to CAP unopened together with the original invoice, CAP will then refund the full purchase price of the products within 20 days. You shall be responsible for any postage costs or customs duties borne from the return of the items.

CAP reserves the right to make a 15% restocking charge for any goods which are not returned in mint condition or refuse to accept such items.

Liability

This section applies only to the extent permitted by law. For the avoidance of doubt CAP do not exclude or limit any liability for (a) Personal injury (including sickness and death) where such injury results from CAP’s negligence or wilful default, or that CAP employees, agents or subcontractors or (b) fraudulent misrepresentation.

CAP does not accept liability (except as set out below) for any errors and omissions and reserve the right to change information, prices, specifications and descriptions of listed goods, products and services.

If an error is discovered in the price of the goods that you have ordered, we will inform you as soon as possible. In the event that you order an item and the price published on the Site is incorrect for any reason, we will contact you to let you know the correct price and ask you whether you still wish us to fulfil your order at this price. We shall be under no obligation to fulfil an order for a product which was advertised at an incorrect price. We shall give you the option of confirming the order at the correct price or if you so choose, to cancel the order altogether. If you cancel and have already paid for the goods in the circumstances described in this clause, we shall refund the full amount in accordance with these Terms.

CAP will do its best to correct errors and omissions as quickly as practicable after being notified of them.

To the fullest extent permitted by law, CAP is providing this website and its contents on an “AS IS” basis and makes no (and expressly disclaims all) representations or warranties of any kind, express or implied, with respect to this site or the information, content, materials or products included within the website without limitations, warranties of merchantability and fitness for a particular purpose. In addition, CAP does not represent or warrant that the information accessible via the website is accurate, complete or current.

In the unlikely event that you receive goods which were not what you ordered or which are damaged or defective, or are of a different quantity to that stated on your order form, CAP shall, at its own option, make good any shortage or non-delivery, replace or repair any damaged or defective goods, or refund to you the amount you paid for the goods in question provided that you notify CAP of the problem in writing at the registered address or by telephone within 7 days of receipt of the goods. NOTHING IN THIS CLAUSE AFFECTS YOUR STATUTORY RIGHTS.

You and CAP will only be liable under these Terms for losses which are a reasonably foreseeable consequence of the relevant breach of contract.

The products sold on the Site are provided for private domestic and consumer use only. Accordingly, CAP do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Site or for any products or services purchased from CAP.

Processing of orders and dispatch of orders

Payments made using the Paypal service are outside the control of CAP and as such any dispute arising from the incorrect processing of the payment by Paypal will be the responsibility of PayPal and you, unless specifically caused by an error on behalf of CAP. All prices include sales taxes (where applicable) unless otherwise stated.

All transactions will be in pounds sterling and any variation due to exchange rate fluctuation/currency exchange fees are the responsibility of your card issuer solely.

Every purchase you make shall be deemed performed in England. English law shall govern every aspect of contractual agreement concerning purchases made from the Site.

CAP aims to arrange shipment of all ‘in stock’ items within 48 hours of receiving your order. Your order may be delayed if the item is not in stock with our suppliers. Some items may be unavailable and the current stock status is approximate. CAP are not able to supply dates our suppliers may get an item in stock.

Delivery/Title/Risk

Any period stated within which you will receive your order is approximate. Goods will be sent to the address given by you in your order. Please note that your goods may be sent to you in instalments. You may cancel your entire order with us if subsequent instalments forming part of your order are not delivered by us.

Title to any product ordered will pass to you once CAP has received payment in full for that product. Risk in any product ordered will pass upon delivery to you.

If your delivery address is outside of the United Kingdom of Great Britain and Northern Ireland, you may be subject to import duties and taxes, which are levied once a shipment reaches your country. Any such additional charges for customs clearance must be borne by you. You should note that customs policies vary widely from country to country; CAP advises each customer to contact their local customs office for further information.

Please note that when shipping products internationally, you should be aware that cross-border shipments are subject to opening and inspection by customs authorities.

For Christmas Deliveries, we recommend that you order by the 13th December. We will endeavour to dispatch all ‘in stock’ orders within 48 hours, however we cannot guarantee delivery on or before the 24th December as the post may be delayed in your area.

Gift Vouchers

These conditions apply to gift vouchers which have been purchased from CAP.

Gift vouchers have a cash redemption value of 0.001p and are not transferable or assignable.

Normal CAP terms and conditions of purchase and for using the CAP website apply.

CAP has “free reign” to use any funds accrued from the sale of gift vouchers towards any of the charities activities and not necessarily as shown at point of sale, as this is just an example.

Miscellaneous

We shall have no liability to you for any delay in the delivery of products ordered or any other matters to the extent that the delay is due to any event outside our reasonable control, including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events.

We shall have no liability (including liability for negligence) for the acts or omissions of telecommunications service providers or for failures of, or faults in their networks and equipment.

No waiver by us of any breach of these Terms shall be considered as a waiver of any subsequent breach of the same or any other provision.

You may not permit, create unauthorized framing of, or deep linking to, the Site or the creation of derivative works thereof from any other website under your management or control.

In these Terms, ‘Intellectual Property Rights’ means patents, database rights, copyright, design rights (whether registered or unregistered), trade marks (whether registered or unregistered) and other similar rights, together with the right to apply for the protection of any such rights. All Intellectual Property Rights in the Site shall be owned by us absolutely.

Subject to the licence granted to you to use the Site, CAP reserves all rights, title and interest in its Intellectual Property Rights in the Site. Any goodwill accruing from use of CAP.org.uk and its affiliates’ trade marks, trade and business names and service marks under this Agreement will vest in CAP and its affiliates, as appropriate.

It is a crime to use a false name or a known invalid credit card to order. Anyone caught wilfully entering an erroneous or fictitious order will be prosecuted to the fullest extent of the law. CAP will cooperate fully with the relevant authorities to track the electronic ‘fingerprints’ of any suspected illegal order placed with CAP to enable us and all legitimate crime prevention and prosecution authorities to trace individual users engaging in criminal activities on our website.

We reserve the right to terminate this Agreement and to suspend or terminate your access to the Site immediately and without notice to you if:

1. You fail to make any payment to us when due;
2. You breach the terms of this Agreement (repeatedly or otherwise);
3. When requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us or our agent/affiliates to determine the accuracy and validity of any information supplied by you, or your identity;
4. We suspect you have engaged, or about to engage, or have in any way been involved, in fraudulent or illegal activity on the Site.

CAP may amend these Terms from time to time, and place the new version on the Site. For users purchasing goods on the Site for the first time, all purchases from the date that the amended terms are placed on our website onwards will be governed by those new terms Otherwise, such changes will be effective against existing users thirty days following posting of the amended version on the Site. Your continued use of the Site following CAP’s posting of any changes will constitute your acceptance of such changes. If you do not agree to any changes to these Terms, then your only remedy is to cease using the Site.

These Terms supersede any and all other conditions, understandings, commitments, agreements or representations (except fraudulent misrepresentations) relating to your purchase, whether oral or in writing, and contain the entire agreement between CAP and you relating to your purchase. CAP advises that you print off and keep safe a copy of these terms and conditions once your order has been accepted by CAP. We will store a copy of the contract entered into by you with CAP. You are advised to read (and are responsible for reading) fully all information on this website.

If any provision of these Terms shall be held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the remaining parts of these Terms and the remainder of the affected provision shall be unaffected.

These terms are subject to the laws and exclusive jurisdiction of England.