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Terms and Conditions

 

This website is operated by Capella ("Capella", "We", "Our", "Us"), trading as Capella Home and Gift (our 'Store') and capellahomeandgift.com (our "Site"). Our Store is based at Settle Town Hall, Market Place, Settle, BD24 9EJ. This Site and related products and services are made available to You the customer ("You", "Your", "Yours", "Yourself") pursuant to the following Terms of Use and Service and any other rules posted on Our Site (collectively the "terms and conditions"). Our store signage clearly indicates that we operate from the combination of our Store and our Site. If You have any queries regarding the terms and conditions then please contact Us.

 

1. AGREEMENT

 

Please read the terms and conditions carefully before placing any order or utilising any service. By using Our Site You indicate that You accept the terms and conditions. Please do not use Our Site if You do not agree to the terms and conditions. All orders that require shipping to your address, whether placed on our Site, or by telephone or in person in our Store, are subject to these terms and conditions.

 

2. ELIGIBILITY TO PURCHASE

 

2.1. In order to make purchases, You will be requested to provide Your personal details. In particular, You must provide Your real name, phone number, e-mail address and other requested information as indicated. Furthermore, when ordering items or purchasing a service, You will be required to provide payment details and You represent and warrant that the payment details You provide on ordering are both valid and correct and You confirm that You are the person referred to in the billing information provided. You must notify Capella immediately of any changes to Your personal information by e-mailing or telephoning:-

 

By Phone: +44 (0) 1729 268020 Monday to Friday from 10.00am to 4.00pm (GMT)

 

By E-mail: welcome@capellahomeandgift.com

 

2.2 The Site is available to You only if you meet the following Capella terms of eligibility; (i) You have been issued a valid credit card by a bank acceptable to Capella and (ii) Your applications are acceptable to Us and You have authorised Capella to process a charge or charges on Your credit card in the amount of the total purchase price for the products and/or services which You purchase. Capella reserves the right to restrict multiple quantities of a product and/or service being shipped to You to one postal address. When You are purchasing a service or ordering a product from Our Site, You warrant that the products and/or services purchased are for domestic use only and not for re-sale.

 

3. INDEMNITY

 

You agree to fully indemnify, defend and hold Us, our emplyees, agents and suppliers, harmless immediately on demand, from and against all liability, claims, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the terms and conditions by You or any other liabilities arising out of Your use of this Site, or the use by any other person accessing the Site with Your personal information.

 

4. ORDERS

 

All orders are subject to acceptance by Capella and availability of goods. Display of goods on the website does not imply immediate availability.

 

5. PRICES

 

5.1 Prices are indicated in Pounds Sterling including VAT but excluding delivery charges, unless expressly stated otherwise.

 

5.2 The prices charged are those displayed on the Site at the time of ordering.

 

5.3 Capella makes every effort to ensure that the information provided on this Site is accurate and current; however this Site and its contents are provided on an "as is" basis and Capella makes no (and expressly disclaim all) representations or warranties of any kind with respect to this Site and its contents. Capella reserves the right to change price and availability information without notice.

 

6. OUR PRODUCTS

 

6.1 When making Your order You shall be informed as to the availability of the product You wish to select.

 

6.2 For any queries regarding a product's unavailability, You may contact Us by phoning +44 (0) 1729 268020

 

6.3 However, in the exceptional event of the product being unavailable after confirmation of the order, You shall be informed of the fact by email, no later than five (10) working days after confirmation of the order.

 

6.4 The photographs illustrating the products presented reproduce them as faithfully as possible, but are of no contractual value. You are advised to view the description of each product to satisfy Yourself as to its basic characteristics. Please note that all sizes and measurements are approximate but we do try to make sure that they are as accurate as possible.

 

6.5 Please note that all products remain the property of Capella until payment is received in full.

 

7. ACCEPTANCE OF YOUR ORDER - TELEPHONE AND ON-LINE ORDERS AND IN STORE ORDERS REQUIRING SHIPPING

 

7.1 Once You have made Your choice and Your order has been placed, You will receive an email acknowledging the details of Your order. This email is NOT an acceptance of Your order, just a confirmation that We have received it.

 

7.2 Unless You cancel Your order, acceptance of Your order and completion of the contract between You and Capella will be completed when We email You to confirm the products have been dispatched. The sale contract is therefore concluded in Settle, England.

 

7.3 We reserve the right not to accept Your order in the event, for example, that We are unable to obtain authorisation for payment, that shipping restrictions apply to a particular product, that the product ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that You do not meet the eligibility criteria set out within the terms and conditions.

 

8. PAYMENT

 

8.1 Only payments made by bank card (VISA, VISA ELECTRON, MASTERCARD, DELTA AND MAESTRO) are accepted.

 

8.2 Methods of payment such as bank transfers and cash on delivery are not accepted.

 

8.3 The amount of the payment due will be debited from your bank account or credit card at the date when the products are ordered.

 

8.4 The making of an order implies acceptance by You, thereby entailing formation of the contract and Your final acceptance of the prices and descriptions of the products available for sale, as well as acceptance of the terms and conditions as a whole.

 

8.5 We will take all reasonable care, in so far as it is in Our power to do so, to keep the details of Your order and payment secure, but in the absence of negligence on Our part We cannot be held liable for any loss You may suffer if a third party procures unauthorised access to any data You provide when accessing or ordering from Our Site.

 

9. INSURANCE AND DELIVERY

 

9.1 Capella delivers anywhere in mainland UK, and by request and agreement abroad, and insures each purchase during the time it is in transit until it is delivered to Your specified delivery address up to the value of £5,000. We normally require a signature for any goods delivered. Delivery is the point at which responsibility for Your purchased goods passes to You. If You have specified a recipient who is not You for delivery purposes (for example as a gift) then You accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfilment by Capella and transfer of responsibility in the same way.

 

9.2 Orders are dispatched only following the successful processing of Your bank and address details. This process, which ensures Your safety and Ours against Credit Card fraud, can take up to 24hrs after You have placed Your order, but We will send You an email immediately notifying You that Your order has been received. You will be advised of the estimated delivery date and kept informed by e-mail should any unforseen delays arise. Furniture deliveries can take up to 4-6 weeks.  

 

10. SHIPPING FEES

 

10.1 In case of incomplete delivery, shipping fees will only be charged on the first delivery.

 

10.2 Shipping Fees vary dependant on the size and weight of the product and are described on the order page. As it is impossible to provide a simple scale of charges for all products Capella reserves the right to vary the shipping fee from that displayed. You will be notified and have the option to cancel Your order if you are unhappy with the revised shipping fee.

 

10. EXCHANGES AND REFUNDS

 

10.1 You shall have fourteen (14) days within which to return or exchange, at your own cost, any product ordered by distance selling methods including Capella's website and including in store orders requiring shipping if it fails to give You satisfaction. This time limit shall run from the date of receipt of the products. Beyond that time limit, We may at our option refuse to make the exchange or refund.

 

10.2 Please note that the Distance Selling Regulations do not apply to personalised/ bespoke items made to Your specification.

 

10.3 To request a Return please telephone Us at +44 (0) 1729 268020.

 

10.4 All products must be returned in their original condition and packaging, with the initial invoice enclosed, to the following address: Capella, Town Hall, Market Place, Settle, BD24 9EJ, UK

 

10.5 It shall be Your responsibility to retain all proof of return; this implies returning Your order by registered parcel or by any other means of ascertaining the date of the return dispatch.

 

10.6 Any products returned other than in their original condition and packaging, particularly where they are incomplete, or have been used or soiled by You, will not be taken back.

 

10.7 If the above-stated conditions are fulfilled, We shall refund You for the total amount of Your order, within fifteen (15) days of Us receiving the Products, except for the cost of returning the Products, which shall be borne by You.

 

10.8 In the event of an exchange, we will not charge You for the cost it incurs in re-sending the product exchanged.  

 

10.9 Upon delivery, before signing for or accepting your item(s), please check that it has arrived in perfect condition. If it has not, then please do not sign for or accept it.

 

11. LATE RETURNS

 

Please seek to return items within 14 days of the date of your return request. Returns outside these timeframes may be accepted at the discretion of Capella, and may only be refunded as a store credit.

 

12. YOUR RIGHTS

 

12.1 You have certain rights under the law. These include, in England:

 

12.1(a) That any products You order through this Site will be of satisfactory quality, fit for their intended purpose, and will conform to any description given on this Site;

 

12.1(b) Certain remedies if a product is defective; and

 

12.2 Nothing in these terms and conditions is intended to affect these rights. For more information about Your rights contact Your local Citizens Advice Bureau or Trading Standards Bureau.

 

13. LIMITS ON OUR LIABILITY

 

13.1 Capella will take reasonable endeavours to verify the accuracy of any information on the Site but makes no representation or warranty of any kind.