This website (“Website”) is operated by CAP Foundation and Brand Formations (also referred to as ‘CAP’ ‘we’ and ‘us’) (Registered Charity in England and Wales and a Registered Company).
Please read the following carefully before using the Website.
In the event of any conflict or inconsistency between these Terms and Conditions and our General Website Terms and Conditions, these Terms and Conditions shall take precedence.
1. Forming the contract between you and us
1. This Website will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
2. When you place an order on this Website we will send you an e-mail confirming receipt of your order. Please note that this does not mean your order has been accepted. We will confirm if we have accepted your order when we send e-mail confirmation to you that your order has been accepted.
3. The contract between us will only be formed when we send you that email confirming your order has been accepted.
4. You must be at least 18 years older or under supervision of a parent or legal guardian to place an order.
5. These Terms and Conditions constitute the entire agreement between you and us and supersedes and extinguishes any and all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral.
2. Method of payment
1. All orders must be placed via this Website. CAP Visa, Mastercard and bank Maestro cards and Paypal. We do not accept Visa Electron, American Express or Diner’s Club cards.
2. When making your payment, it is imperative that you provide the information that We may specify is required. Your card or Paypal account will be debited immediately upon placing your order.
3. Rights of cancellation and refund
1. If you have placed an order, you will only be able to change or cancel your order in the following circumstances:
a) you will have 24hrs from the time that you place an order to change or cancel that order.
2 . Your 24hrs will run from the time that you place your order and will run outside normal business hours.
3. To amend an order please email us. Please note you will only be able to change within the time period specified above.
4. We reserve the right to refuse to process any order that may cause offence or distress to others and in such a case we will refund any payment made. We will not be responsible for any copyright infringement by the customer.
5. For further information about your statutory rights, contact your local authority Trading Standards department or consumer advice centre (for example the Citizen’s Advice Bureau if you are in the UK).
4. Personal information
1. Usage of your personal information is governed by our Privacy and Cookies Policy, which forms part of these Terms and Conditions. We will keep your personal information on a secure server and we will fully comply with all applicable UK data protection laws and consumer rights. We use your information only for the following reasons and as set out in our Privacy and Cookies Policy.
• to process your order; and
• with your consent, to advise you on our life saving research and how you can help us to keep more hearts beating through fundraising, events and volunteering opportunities.
5. Our right to vary these terms
Please note that CAP reserves the right to amend these Terms and Conditions from time to time. CAP will publish any amendments to these Terms and Conditions on this Website and any amendments shall apply from the date on which they are published. These Terms and Conditions must be checked prior to placing an order on this Website.
6. Limitation of liability and legal compliance
1. We are responsible for any foreseeable loss or damage you suffer that is caused by our breach of these Terms and Conditions or our negligence. Loss or damage is foreseeable if it is obvious it will happen, or if both parties knew it might happen at time the contract was formed.
2. We do not in any way seek to exclude or limit our liability to you where it would be unlawful to do so, including for:
• death or personal injury caused by our negligence;
• fraud or fraudulent misrepresentation;
• any breach of your statutory rights under sections 9-11, 13 and 14 of the Consumer Rights Act 2015 (i.e. items must be of satisfactory quality, fit for purpose and match any description, samples and/or model provided); or
• defective products under the Consumer Protection Act 1987.
7. Contacting us
If you have any general enquiries, comments or complaints about the Website or your order please contact us.
8. Governing law and jurisdiction
These Terms and Conditions shall be governed and interpreted in accordance with English law, and you consent to the exclusive jurisdiction of the English courts in respect of any dispute in relation to and arising from these Sales Terms and Conditions (including non-contractual disputes or claims).