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Terms and Conditions

TERMS AND CONDITIONS OF SALE OF CAPOSKA LTD TRADING AS BOORAH.CO.UK

1    DEFINITIONS

1.1    "Buyer" means the individual or organisation who buys or agrees to buy the Goods and/or Services from the Supplier;

1.2    "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;

1.3    "Contract" means the contract between the Supplier and the Buyer for the sale and purchase of Goods and/or Services incorporating these Terms and Conditions;

1.4    "Goods" means the articles that the Buyer agrees to buy from the Supplier;
 
1.5    "Supplier" means Caposka Ltd, a company registered in England and Wales. Registered number: 07513497. VAT No. 160 0339 50. Registered office: Enterprise House,The Courtyard, Old Court House Road, Bromborough, Wirral, CH62 4UE, England that owns and operates www.3hitalia.co.uk Vat 

1.6    "Terms and Conditions" means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Supplier;

1.7    "Website" means www.boorah.co.uk

2    CONDITIONS

2.1    Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.

2.2    These Terms and Conditions shall apply to all contracts for the sale of Goods by the Supplier to the Buyer and shall prevail over any other documentation or communication from the Buyer.

2.3    Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.

2.4    Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Supplier.

2.5    Any complaints should be addressed to the Supplier's email address at 3hitalia@caposka.com in the first instance or the address stated in clause 1.5.

3    ORDERING

3.1    All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Supplier.  The Supplier may choose not to accept an order for any reason.

3.2    Where the Goods ordered by the Buyer are not available from stock and cannot be delivered within 7 business days the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 28 days.

4    PRICE AND PAYMENT

4.1    The price of the Goods shall be that stipulated on the Website. The price is inclusive of VAT.  Where applicable, the price includes delivery charges.

4.2    The total purchase price, including VAT and delivery charges, if any, will be displayed in the Buyer’s shopping cart prior to confirming the order. 

4.3    After the order is received the Supplier shall confirm by email through its payment gateway the details, description and price for the Goods together with information on the right to cancel if the Buyer is a Consumer. 

4.4    Full payment of the purchase price including VAT and delivery charges, if applicable, must be made during the checkout process.

4.5    Where applicable, if any payment is not paid on time or any payment is rejected or refused, the amount owing will be treated as overdue and the Supplier will be entitled immediately to cease or suspend the provision of any Service or further deliveries of Goods until payment has been received.
 
5    RIGHTS OF SUPPLIER

5.1    The Supplier reserves the right to periodically update prices and images on the Website, which cannot be guaranteed for any period of time. 

5.2   The Supplier shall make every effort to ensure prices and images are correct at the point at which the Buyer places an order.

5.3   All products are subject to availability

5.4   Products shown will not be actual size

5.5   Colours reproduced are as accurate as electronic systems and displays allow

5.6    The Supplier reserves the right to withdraw any Goods from the Website at any time.

5.7    The Supplier shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.
 
6    DELIVERY 

6.1    Goods supplied within the UK will normally be delivered within 5 working days of acceptance of order. 

6.2    Goods supplied outside the UK will normally be delivered within 10 working days of acceptance of order. 

6.3    Where a specific delivery date has been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date or receive a full refund.

6.4    The Supplier shall use its reasonable endeavours to meet any date agreed for delivery.  In any event time of delivery shall not be of the essence and the Supplier shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.

6.5    Delivery of the Goods shall be made to the Buyer’s address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.

6.6    Risk in the Goods shall pass to the Buyer upon delivery of the Goods, or where the Buyer fails to take delivery at the agreed time, at the time delivery was attempted.

6.7    Title in the Goods shall not pass to the Buyer until payment of the price has been made in full.

6.8    The buyer agrees that proof of delivery supplied by our delivery company is sufficient evidence to establish that goods have been delivered.

7    CANCELLATION AND RETURN 

7.1    The Buyer may cancel any order for Goods for any reason up to the point of dispatch and any payments made by the Buyer shall be refunded in full within 28 days.

7.2    The Buyer shall inspect the Goods immediately upon receipt and shall notify the Supplier via email within 2 working days of delivery if the Goods are damaged or do not comply with any of the Contract.  If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods.

7.3    Where a claim of defect or damage is made, the Goods shall be returned by the Buyer to the Supplier within 7 days of delivery. The Supplier will inspect the goods and may send them to the technical department in Italy for review and repair. The Buyer may be entitled to a replacement or a full refund (including delivery costs) plus any return postal charges if this is not acceptable and the Goods are in fact defective.

7.3    If you are a consumer you have the right, in addition to your other rights, to cancel the Contract for Goods and receive a refund by informing the Supplier via email within 7 working days of receipt of the Goods.

7.4    Goods must be returned by the Buyer at the Buyer’s expense within 7 days of cancellation in the original packaging and should be adequately insured during the return journey. The Buyer will receive a refund of all monies paid for the Goods (including delivery charges, if any) except for return postal charges. If the Buyer fails to return the Goods following cancellation, the Supplier shall be entitled to deduct the cost of recovering the Goods from the Buyer.

7.6    Goods to be returned must clearly show the invoice number obtained from the Supplier on the package.

7.7    Where returned Goods are found to be damaged due to the Buyer’s fault the Buyer will be liable for the cost of remedying such damage.

7.8.   Goods will only be considered for return if they are unworn, in their original condition when they were delivered are returned in their original packaging and suitable for resale

7.9.   Personalised products cannot be exchanged or refunded.

8    LIMITATION OF LIABILITY

8.1    Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Supplier the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Goods and the Supplier shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.

8.2    Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury resulting from the negligence of the Supplier or that of the Supplier’s agents or employees.

9    WAIVER

No waiver by the Supplier (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.

10    FORCE MAJEURE

The Supplier shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to, acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Supplier shall be entitled to a reasonable extension of its obligations.

11    SEVERANCE

If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.

12    CHANGES TO TERMS AND CONDITIONS

The Supplier shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.

13    GOVERNING LAW AND JURISDICTION

These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English.