our terms & conditions
Terms and conditions
Please read all these all these terms and conditions.
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, just call us on 0151 378 7586.
1. These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you). We are Cappa E Spada a sole trader based in England and Wales whose workshop is at Cappa E Spada Outhouse 1 & Design Studio, Unit 1, 34 Regent Street, Liverpool, Merseyside, L3 7BN, United Kingdom with email address firstname.lastname@example.org; telephone number 0151 378 7586; (the Supplier or us or we).
2. These are the terms on which we sell all goods to you. By ordering any of the goods, you agree to be bound by these terms and conditions. By ordering any of the services, you agree to be bound by these terms and conditions. You can only purchase the goods from the website if you are eligible to enter into a contract and are at least 18 years old.
3. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
4. Contract means the legally-binding agreement between you and us for the supply of the goods;
5. Delivery Location means the Supplier’s premises or other location where the Goods are to be supplied, as set out in the Order;
6. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purpose of the information, and allows the unchanged reproduction of the information stored;
7. Goods means the goods advertised on the website that we supply to you of the number and description as set out in the order;
8. Order means the Customer’s order for the Goods from the Supplier as submitted following the step by step process set out on the Website;
11. The description of the Goods is as set out in the Website, catalogues, brochures, social media or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied.
12. In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
13. All Goods which appear on the Website are subject to availability and / or manufacturing time.
14. We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement.
15. When creating and Order, you will be requested to produce a name and contact method(s).
17. We may contact you by using e-mail or other electronic communication methods (such as mobile phones including SMS) and you expressly agree to this.
Basis of Sale
18. The description of the Goods in our website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we can reject if for any reason, although we will try to tell you the reason without delay.
19. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
20. A Contract will be formed for sale of the Goods ordered only when you receive an invoice from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors or special requests. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all the information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.
21. Any quotation is valid for a maximum period of 7 days from its date, unless we expressly withdraw it at an earlier time. (ie commission made Goods).
22. No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into, unless the variation is agreed by the Customer and the Supplier in writing.
23. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you (ie you represent a business or trade).
Price and payment
24. The price of the Goods and any additional delivery or other charges is that set out on the Website at the date of the Order or such other price as we may agree in writing.
25. Prices and charges include VAT at the rate applicable at the time of the Order.
26. You must pay by bank transfer or by submitting your credit, debit or Paypal details with your Order on the Website and we can take payment immediately or otherwise before delivery of the Goods. Options for partial deposits are available and negotiable, for this please contact us directly on 0151 378 7586.
27. We will deliver the Goods to the Delivery Location by the time or within the agreed period of 6 to 8 weeks or, failing any agreement, without undue delay and, in any event, not more than 10 weeks after the day on which the Contract is entered into.
28. In any case, regardless of events beyond our control, if we do not deliver the Goods on the allocated time set above (see 27), you can treat the Contract at an end if:
a) we have refused to deliver the Goods, or if delivery on time is essential; for example, you said to us before the Contract was made that delivery on time was essential; or
b) after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
29. If you treat the Contract at an end, we will promptly return all payments made under the Contract.
30. If any Goods from a commercial unit (a unit is a commercial unit if the division of the unit would materially impair the value of the goods or the character of the unity) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.
31. You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions.
32. We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels islands. If however we accept an Order for delivery outside those areas, you may need to pay import duties or other taxes, as we are not liable for such payments.
33. If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
34. The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them. However, due to the large bulk of some Goods available in our Website, we may choose to help you with setting up and installing the Goods immediately upon delivery.
Risk and title
35. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
36. You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owed by you, in which case you must return them or allow us to collect them.
Withdrawal, returns and cancellation
37. You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
38. This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights however, do not apply to a contract for the following goods (with no others) in the following circumstances:
a) goods that are made to your specifications or are clearly personalized (such as customized / commissioned Goods).
Right to cancel
39. Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason. This is covered by EU law under the Consumers Contracts Regulations.
40. The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than the carrier indicated by you, acquires physical possession of the Goods.
41. To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (ie: email or post), this must clearly indicate the cancellation date.
42. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Timing of reimbursement
43. If no Goods were supplied or we have received the Goods back, we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Contract, or not later than 14 days after the Goods are delivered back to us.
44. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you and we have expressly agreed otherwise.
45. You accept as part of the Contract to pay any charges associated with shipping and delivery of the unwanted Goods, unless we offer to do so in writing.
46. If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods or hand them over to us without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of the Contract. The deadline is met if you send back the Goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the Goods.
47. For the purposes of these Cancellation Rights, these words have the following meanings:
a) distance contract means a contract conclude between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;
b) sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object.
Conformity and guarantee
48. We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
49. Upon delivery the Goods will:
a) be of satisfactory quality;
b) be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgement) and be fit for any purpose held out by us or set out in the Contract; and
c) conform to their description
50. The above obligations of conformity and guarantee, apart from satisfactory quality, are not applicable to customized / commissioned Goods, as these are your sole responsibility to provide, but not limited to, accurate dimensions, materials, weight and any other details deemed necessary by us to manufacture the Goods.
51. It is not failure to conform if the failure has its origin in your concept that you provided to us to build the Goods.
Maintenance & care of your products and exemptions from guarantee
(IMPORTANT NOTICE & INFORMATION ABOUT YOUR CHOSEN PIECE).
52. Wood (All wood moves).
It is virtually impossible to stop wood movement, wood is hygroscopic, which means its MC (moisture content) will fluctuate based on the relative humidity (RH) of the surrounding air. As humidity increases, the MC increases, and the wood expands, and as the humidity decreases, MC decreases, and the wood shrinks. This relationship is referred to as 'Equilibrium Moisture Content' (EMC), and can be accurately predicted.
All our wood is hand picked and tested with a moisture meter before preparation. We will not in any circumstance work with wood with a moisture content of over 10% MC. Anything under 10% MC is classed as a LOW moisture content reading and suitable for indoor furniture. Humidity levels in the air can cause the pieces to bow, warp or crack and we strongly recommend to always make sure your chosen piece of furniture is kept in room temperature, and more importantly well away from any form of close direct heat. i.e. next to roaring fire, underfloor heating, radiators, convection heaters, etc.
If your piece is always kept at a steady room temperature and looked after there is no reason why the piece won't find its EMC (Equilibrium Moisture Content).
53. Discolouring de-stressing & age
All our pieces are purposely distressed by hand to give the works plenty of character. The more knots in the wood, discolouring and surface cracks the better, as time goes by your piece will grow old with you and get better with age.
54. Glass Top
When ordering furniture with a glass top (to be supplied) it is important to be aware that the glass top should NOT be placed directly over the lacquered image for at least 4 weeks, if for any reason you may need to lay the glass directly on the lacquered wood image please be aware that there may still be a subtle work within the lacquerer that requires time to make it stronger. This caution only applies to glass that sits flush on the lacquered wood image not to pieces that have vertical supports that keep the glass out of direct contact with the lacquered wood image.
All glass supplied by Cappa E Spada is toughened to British safety standard regardless of its application. Cappa E Spada will not undertake to supply non-toughened glass in any of its projects as we feel it is important to provide the safest product at all times. To finish our glass we make sure it's polished and rounded off on all edges. We include the safety standard kite-mark mark in corner as standard.
The glass top can be lifted off from its supports and cleaned with a glass cleaner product, the wood and feet can be cleaned with a standard furniture polish.
All our images are applied using an array of methods, some of our works are hand painted, some are dipped and some are pressed and then finished off in a epoxy resin solution or a polyurethane varnish. Please keep the image directly away from heat exposure i.e. next to roaring fire, underfloor heating, radiators, convection heaters etc.
If in any extremely rare occasion a repair is needed due to any of the above issues Cappa E Spada will NOT be liable for the repair costs or shipping of the product, as this is considered negligence by the customer despite being informed on maintenance and care procedures for your product.
It is assumed and required by Cappa E Spada that all customers have read these terms and conditions (which includes information on how to care and maintain the products) prior to any purchases. We are happy to take a look at the piece and we will be more than happy to help and/or repair it at your own cost.
58. We reserve the right to change any aspects of our manufacturing processes without notice, this is to comply with safety standard regulations; i.e. safety glass fittings and bolting.
Circumstances beyond the control of either party
59. In the event of any failure by a party because of something beyond its reasonable control:
a) the party will advise the other party as soon as reasonably practicable; and
b) the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery and any right to cancel.
60. The supplier does not exclude liability for:
a) any fraudulent act or omission; or
b) for death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss to the Customer’s business, trade, craft or profession which would not be suffered by a Consumer – because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.
Governing law, jurisdiction and complaints
61. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
62. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
63. We try to avoid any dispute, so we deal with complaints in the following manner: If a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution within 2 working days.
64. Cappa E Spada reserves the right to amend these terms and conditions at any time without notice.
You may contact Cappa E Spada by email at email@example.com
7th April 2017