Terms and conditions
1. Introduction
Max Factor House, Watermans Park, High Street, Brentford, London, TW8 0BB
Email: [email protected]
Company Registration no. 08723155
1.1 These terms and conditions shall govern the sale and purchase of products through our website. Please read these terms and condition in full before you conclude a contract with us using this website.
1.2 This website contains information about our goods, prices, placing an order and delivery.
1.3 This document does not affect any statutory rights you may have as a consumer (such as rights under the Sale of Goods Act 1979 or the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013).
2. Interpretation
2.1 In these terms and conditions:
(a) Capital Rugs Ltd; and
(b) The consumer
3. Order process
3.1 This website contains information about our goods, prices, placing an order and delivery.
3.2 To place an order you must select your product and click “add to basket”. You will be directed to your shopping basket where you can view your item again, edit or remove items. When you are satisfied and agreed on your item you can click on “continue shopping” if you wish or you can click on “checkout” where you will be given information on delivery before you make a payment via credit card or PayPal.
3.3 To enter into a contract through our website to purchase products from us, the following steps must be taken: If you are a new customer you will be asked to register by providing a valid email address and a personal password. Existing customers will have the sign in via log in, again providing the email address given when registered along with your personal password.
4. Products
4.1 The following products are available on our website: Rugs.
4.2 We may periodically change the products available on our website, and we do not undertake to continue to supply any particular product or type of product.
5. Prices
5.1 Our prices are quoted on our website.
5.2 Our prices will change from time to time but it will not affect any previous contracts.
5.3 All prices stated are inclusive of VAT.
5.4 At times it is possible that prices on the website may be incorrectly quoted. We will verify prices at the checkout before the contract comes into force.
5.5 Distinctive delivery charges may be payable in addition to the price of the product/s.
6. Payments
6.1 You must, during the checkout process, pay the prices of the products you order.
6.2 Payments may be made by a valid credit or debit card. We accept all major cards. We also accept payment via PayPal
6.3 If you fail to pay to us any amount due under these terms and conditions in accordance with the provisions of these terms and conditions, then we may withhold the products ordered and/or by written notice to you at any time cancel the contract of sale for the products.
7. Deliveries
7.1 Our policies and procedures relating to the delivery of products are set out in this Section 7.
7.2 We will arrange for the products you purchase to be delivered to the delivery address you specify during the checkout process.
7.3 We will use reasonable endeavours to deliver your products on or before the date for delivery set out in the order confirmation or, if no date is set out in the order confirmation, within 7 days following the date of the order confirmation;
7.4 We do guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched and delivered between 5 to 10 working days following the later of receipt of payment and the date of the order confirmation.
7.5 We will only deliver products to addresses on the UK mainland only. Delivery on ALL PRODUCTS ARE FREE UK MAINLAND DELIVERY, NO PRICE LIMITATION INVOLVED.
7a. Registration and accounts
7.1 You must be at least 18 years of age and resident in the United Kingdom
7.2 You may register for an account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you.
7.3 You must notify us in writing immediately if you become aware of any unauthorised use of your account.
7.4 You must not use any other person's account to access the website unless you have that person's express permission to do so.
7b. User IDs and passwords
7.1 If you register for an account with our website, we will provide you with / you will be asked to choose a user ID and password.
7.2 Your user ID must not be liable to mislead and you must not use your account or user ID for or in connection with the impersonation of any person.
7.3 You must keep your password confidential.
7.4 You must notify us in writing immediately if you become aware of any disclosure of your password.
7.5 You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
Acceptable use
You must not:
(a) Use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
(b) Use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
8. Cancellation and suspension of account
8.1 We may:
(a) Suspend your account
(b) Cancel your account; and/or
(c) Edit your account details
at any time in our sole discretion without notice or explanation.
8.2 You may cancel your account on our website using your account control panel on the website.
Your content: rules
(c) Use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d) Conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
(e) Access or otherwise interact with our website using any robot, spider or other automated means
(f) Violate the directives set out in the robots.txt file for our website
(g) Use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing)
Report abuse
If you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know.
You can let us know by email.
9. Warranties and representations
9.1 You warrant and represent to us that:
(a) You are legally capable of entering into binding contracts;
(b) You have full authority, power and capacity to agree to these terms and conditions;
(c) All the information that you provide to us in connection with your order is true, accurate, complete and non-misleading; and
(d) There are no separate delivery policies for each individual contract.
9.2 We warrant to you that:
(a) We have the right to sell the products that you buy;
(b) The products we sell to you are sold free from any charge or encumbrance, except as specified in these terms and conditions;
(d) The products you buy will correspond to any description published on our website; and
(e) The products you buy will be of satisfactory quality.
9.3 All of our warranties and representations relating to the supply of products are set out in these terms and conditions. To the maximum extent permitted by applicable law and subject to Section 11.1, all other warranties and representations are expressly excluded.
10. Breach of product warranty
10.1 If you believe that products you have purchased from us breach any of the warranties set out in Section 9.2, please contact us to discuss the issue and arrangements for the return of the products.
10.2 If products you purchase from us do not conform with the warranties set out in Section 9.2, then you will be entitled to a refund of all amounts paid in respect of those products. Alternatively and subject to availability, we may agree to supply you with replacement products, in which case we will pay the cost of delivering those replacement products to you. In either case we will reimburse you for your reasonable expenses incurred in returning the products to us.
10.3 If you return a product in contravention of these terms and conditions, and you do not have any other legal right to a refund or exchange in respect of that product:
(a) We will not refund the purchase price or exchange the product;
(b) We may retain the returned product until you pay to us such additional amount as we may charge for re-delivery of the returned product; and
(c) If we do not receive payment of such additional amount within 14 days of issuing a request for payment, we may destroy or otherwise dispose of the returned product in our sole discretion without any liability to you.
11. Limitations and exclusions of liability
11.1 Nothing in these terms and conditions will:
(a) Limit or exclude any liability for death or personal injury resulting from negligence;
(b) Limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) Limit any liabilities in any way that is not permitted under applicable law; or
(d) Exclude any liabilities that may not be excluded under applicable law,
And, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.
11.2 The limitations and exclusions of liability set out in this Section 11 and elsewhere in these terms and conditions:
(a) Are subject to Section 11.1; and
(b) Govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
11.3 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
11.4 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
11.5 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
12. Order cancellation
12.1 We may cancel a contract under these terms and conditions immediately, by giving you written notice of termination, if:
(a) You fail to pay, on time and in full, any amount due to us under the contract; or
(b) You commit any breach of the terms of the contract.
12.2 We may cancel a contract under these terms and conditions by written notice to you if we are prevented from fulfilling that contract by any event beyond our reasonable control, including without limitation any unavailability of raw materials, components or products, or any power failure, industrial dispute affecting any third party, governmental regulations, fire, flood, disaster, riot, terrorist attack or war.
13. Consequences of order cancellation
13.1 If a contract under these terms and conditions is cancelled in accordance with Section 12:
(a) We will cease to have any obligation to deliver products which are undelivered at the date of cancellation;
(b) You will continue to have an obligation where applicable to pay for products which have been delivered at the date of cancellation (without prejudice to any right we may have to recover the products); and
(c) All the other provisions of these terms and conditions will cease to have effect, except that Sections 1.3, 6.4, 11, 16, 17, 18, 19, 20 and 21 will survive termination and continue in effect indefinitely.
14. Scope
14.1 These terms and conditions shall not constitute or effect any assignment or licence of any intellectual property rights.
14.2 These terms and conditions shall not govern the licensing of works (including software and literary works) comprised or stored in products.
14.3 These terms and conditions shall not govern the provision of any services by us or any third party in relation to the products (other than delivery services).
15. Variation
15.1 We may revise these terms and conditions from time to time by publishing a new version on our website.
15.2 A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision, but will not affect contracts made before the time of the revision.
16. Assignment
16.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions − providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions.
16.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
17. No waivers
17.1 No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.
17.2 No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any breach of that provision or any other provision of that contract.
18. Severability
18.1 If a provision of a contract under these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
18.2 If any unlawful and/or unenforceable provision of a contract under these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
19. Third party rights
19.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
19.2 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
20. Entire agreement
20.1 Subject to Section 11.1, these terms and conditions together with our delivery policy and our returns policy, shall constitute the entire agreement between you and us in relation to the sale and purchase of our products and shall supersede all previous agreements between you and us in relation to the sale and purchase of our products.
21. Law and jurisdiction
21.1 A contract under these terms and conditions shall be governed by and construed in accordance with English law.
21.2 Any disputes relating to a contract under these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.
22. Statutory and regulatory disclosures
22.1 We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.
22.2 These terms and conditions are available in the English language only.
23. Our details
23.1 This website is owned and operated by Capital Rugs Ltd.
23.2 We are registered in England and Wales under registration number 08723155, and our registered office is at Max Factor House, Watermans Park, High Street, Brentford, London, TW8 0BB.
23.3 Our principal place of business is at Max Factor House, Watermans Park, High Street, Brentford, London, TW8 0BB.
23.4 You can contact us by writing to the business address given above, by using our website contact form, by email to [email protected] or by telephone +442079935043.