Terms & Conditions
TERMS AND CONDITIONS
1) Interpretation in these Conditions
‘BUYER’ or ‘YOU’ means the person who accepts a quotation of the Seller for the sale of the ‘Goods’ and whose acceptance is then confirmed by the Seller in accordance with these conditions or whose order for the ‘Goods’ is accepted by the seller
‘GOODS’ means the goods (including any instalment of the goods or any parts for them) which the seller is to supply in accordance with these conditions
‘SELLER’ or ‘WE’ or ‘US’ or ‘OUR’ means Cape Design Limited (Company Registration No. 380817) t/a Cape Direct, Shopfit Direct and Storage DIrect with an address of Unit B1A, Enniscorthy Business Park, Enniscorthy Co. Wexford Republic of Ireland
‘CONDITIONS’ means the standard terms and conditions of sale set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the buyer and the Seller or set out in the Quotation Order or Acceptance Forms issued by the Seller
‘CONTRACT’ means the contract for the purchase and sale of the Goods
‘WRITING’ includes e-mail, SMS, facsimile transmission and comparable means of communication
Any reference in these Conditions to any provision of a Statute shall be construed as a reference to that provision as amended, re-enacted or extended at that relevant time.
The headings in these Conditions are for convenience only and shall not affect their interpretation.
2) Updating Range
Our range of products is continually being revised and updated. We reserve the right to change specifications without prior notice.
All descriptions, illustrations and sizes given in this website or catalogue are for guidance only and no particulars therein shall be binding on the company.
All prices are quoted exclusive of VAT or inclusive of VAT depending of which option you have chosen on the Top of the Page. Please refer to ordering information for details. Cape Direct reserves the right to alter any prices/discounts at any time without prior notice.
5) Minimum Order
There is no minimum order with Cape Direct.
6) Delivery & Risk
Delivery lead-times are given in good faith and Cape Direct will not be responsible for any kind of delay in transit. We accept no liability and the buyer has no right to cancel the order if delivery is delayed beyond the estimated time unless we have specifically agreed in writing to deliver on a particular date.
Prior to dispatch great care is taken to inspect and package all goods. Upon delivery the carriers Proof of Delivery should be signed as ‘Damaged’ if you believe that the goods may be damaged. All goods must be examined as immediately as possible for damage or any items missing. Damage or shortages must be reported to Cape Direct within 3 working days upon receipt of delivery – please complete the use the appropriate online Customer Service Form to advise us of the issue. If the goods are found to be damaged please ensure that you keep all packaging and replace it back in the box with the damaged item. Failure to comply with any of the above will be deemed that the goods are acceptable and the buyer unconditionally waives any right to reject the aforementioned goods.
Our liability in respect of loss or damage to goods shall not exceed the invoice value of the goods (excluding VAT) and our liability shall in no event extend to consequential or indirect loss or damage, loss to third parties or loss of business.
The goods must be delivered to the delivery address agreed with Cape Direct. Under no circumstances should the carrier be instructed by the buyer to deliver to another address or to leave the goods elsewhere.
If the buyer or a representative of the buyer is not available to check and take delivery of the goods at the delivery address, this may result in the carrier needing to return on another date and a delivery surcharge to the buyer may apply.
Buyers must submit payment with their order by credit/debit card, bank transfer or cheque.
- When paying by Debit/Credit card, your card will be debited on the day of ordering.
- When paying by bank transfer (BACS/CHAPS/EFT/SEPA) allow 1-2 days for funds to be transferred.
- When paying by cheque, please allow 3-7 working days for funds to clear before goods can be released.
All goods remains the property of Cape Direct until paid in full.
8) Cancellation & Returns
You can cancel your order but you must contact our Customer Services Department immediately to establish the status of your order. Visit the Contact us section for contact details. If we are able to stop the order from being dispatched, we’ll refund the full amount of the order. If your order has been dispatched, then follow our returns policy below.
No goods may be returned to Cape Direct without our prior consent. Goods are returned at the buyer’s own cost and own risk. Goods must be returned within the 14 day money back guarantee period, from time of delivery in order for the return to be valid. The goods must be returned in their original packaging, in an unused, unassembled and resellable condition. Refunds will be made on the cost of the goods plus VAT only less the shipping costs.
Custom made and printed items are non returnable. Please use contact our Customer Service to submit your request.
Products that are sealed can be returned only if the seal remains unbroken and intact. If the seal is broken this will invalidate the 14 day money back guarantee as the item can only be returned on the basis that it is received in a resellable condition.
It is the customer responsibility to ensure the prompt and safe returns of the goods.
9) Faulty Products
No goods may be returned to Cape Direct without our prior consent. If you believe an item to be faulty please complete our online Faulty Product Form to ensure your claim is processed as quickly as possible or call our Customer Service Team.
Once we have received your notification we will contact you within 24 hours (Mon-Fri) to arrange a replacement or for a full refund to be made.
10) Bespoke Orders
It is the customers’ own responsibility to check the accuracy of the designs, drawings and specifications and any other data supplied to us for made to order items.
You agree to review our written sales order and inform us in writing of any inaccuracies. We will correct the inaccuracies and reissue the sales order/drawings for you to accept by signing the sales order form. Once the sales order form has been accepted and signed by you it cannot be cancelled and no amendments can be made to the order or specifications without our prior consent in writing.
Bespoke orders will be subject to a delivery charge which will be calculated at the time of order.
Personalised, printed and made to order items are non refundable and cannot be returned to us under our 14 day money back guarantee.
Delivery timescales are quoted in good faith and are not the essence of the contract. No deductions or costs can be claimed for late delivery.
If the delivery date is extended by the customer, it is the customers’ responsibility to organise and pay for any extra storage, handling and distribution costs incurred by us or our manufacturing plants.
Copyright of any product manufactured by us or any design, illustration or drawing produced by us remains the sole property of Cape Direct unless expressly agreed in writing by Cape Direct.
12) Reservation of title
Risk in the Goods shall pass to you when the Goods are delivered or when collected, in the case you organise transport.
The property of the Goods shall remain with us until you pay all sums due whether in respect of this contract or otherwise.
You shall hold the Goods as our fiduciary agent and bailey until title passes.
Until title passes the Goods shall be stored separately from any other Goods and you shall not interfere with any identification mark, labels batch numbers or serial numbers on the Goods.
Until title passes we agree that you may use or agree to sell the goods as principle and not as our agents in the ordinary course of your business subject to the express condition that at our direction the entire proceeds of any sale or insurance proceeds received in respect of the Goods are held in trust for us and not mixed with any other monies or paid into an overdrawn bank account and shall at all times be identifiable as our money.
We shall be entitled to recover the price of the Goods including VAT even though the property in any of the Goods remains with us.
We shall be entitled at any time to recover any or all of the Goods in your possession to which we have title and for that purpose we our servants or agents may with such transport as is necessary enter upon any premises occupied by you or to which you have access and where the Goods may be or are believed to be situated.
This contract shall be governed and interpreted exclusively accordingly to the Law of the Republic of Ireland.
The Country of Merchant Domicile is the Republic of Ireland.