Customer Terms and Conditions
Please read these Terms and Conditions (“the Terms”) before using [www.capturednation.com] (“the Website”). The Terms set out the legally binding conditions on which buyers (“you”, “the Buyer”) use the Website and purchase products from the third party who has listed the product (“the Seller”) on the Website.
The Website acts as a marketplace, allowing those in compliance with the Terms to purchase the products listed on it. Captured Nation (“CN”, “we” and “us”) is not involved in the transaction between the Buyer and the Seller (“the Order”) and has no control over the quality, safety, morality or legality of any of the products listed, the truth or accuracy of the listings and the ability of the Seller to sell the products. The Seller transfers legal title in the product to the Buyer and shall be responsible for the aforementioned. Any contact regarding the Order shall be made directly with the Seller.
You use the Website at your own risk.
To be eligible to place an Order on the Website, you must meet the conditions laid out within this paragraph. By placing an Order on the Website you represent and warrant that you:
- are at least 18 years of age;
- have registered with the Website using accurate and truthful information;
- have stipulated a clear and valid delivery address (PO Box numbers and hotels are not acceptable); and
- possess a valid PayPal account for which you have permission to use or valid debit or credit card..
Your account must be kept up-to-date and accurate at all times. CN reserves the right to refuse service to any Buyer and use of the Website will not be available to you if your account is temporarily or indefinitely suspended.
Proper Use of the Website
The Buyer warrants that she/he/it will not in relation to the Website:
- be defamatory, libellous, abusive, unlawfully threatening or harassing, pass-off or misrepresent themselves as another or as being affiliated with another person or body corporate; or
- upload any obscene content; or
- upload content that contains or facilitates the transmission of any computer viruses, interfere with, hack or spam the Website.
Placing an Order
On placing an Order you will be asked to provide details of your name, postal address / delivery address if different, e-mail address, telephone contact number, PayPal details. If there is problem in processing the Order you will be notified by the Seller. Your Order and delivery details (NOT including your e-mail address) will automatically be forwarded via the Website to the appropriate Seller. (No Order shall be deemed to be accepted until an email acknowledgement of Order is issued from the Seller via the Website). The Website is a fully secure site with SSL certification and operates in accordance with the Data Protection Act 1998 (“the Act”). You should carefully review the customer terms, the email confirmation of your Order and the applicable details on the product page in relation to the Order. On dispatch of your Order you will receive an e-mail from the Seller via the Website to let you know it is on its way. Sellers aim to dispatch goods within 3 working days of receipt of an Order unless otherwise stated i.e. in the case of ‘made to Order products’ or ‘personalised items’. Please refer to our delivery policy for further details.
Payment is made via PayPal at the point of sale for Orders unless otherwise stated
The total cost of your Order includes the price of the product (inclusive of VAT where applicable) and any additional postage and packing charges stated on the product page by the Seller. By using your PayPal account you warrant that the account used is yours or you have the permission of the owner to use the account for the purpose of purchasing from the Website. All accountholders are subject to validation checks and authorisation by PayPal. If PayPal refuses to or does not, for any reason, authorise payment, we will not be liable for any delay or non-delivery.
By making an offer to buy a Product, you specifically authorise us to transmit information (including any updated information) or to obtain information about you from third parties from time to time. We reserve the right to reject any offer of purchase by anyone at any time. We will not be liable to you or a third party by reason of so refusing or by reason of or suspending any transaction after processing has begun.
On most occasions you are entitled to cancel a purchasing contract up until 28 working days after the dispatch of your Order. Please see any specific refund and returns notices that may be posted on the product page relevant to the product being purchased. Such notices shall take precedence to this general cancellation procedure. In the event of a valid cancellation, the Seller is responsible for making your refund, including any initial postage charge. Please see Our Delivery & Returns policy for more details to avoid any disappointments.
Product Pricing and Descriptions
All product prices, including any postage and packing charges, are stated on the product page and again at the checkout. They are individually set by our Sellers and are subject to change from time to time. All prices are in pounds sterling. Each product purchased is sold subject to its Product Description (available on the product page), but please do remember that handmade and ‘made to Order’ products are not mass-produced and therefore slight variables in matters such as design and colour may occur.
The Sellers will use the reasonable endeavours not to advertise any products on the Website that are out of stock. If stock levels are low or not held because the product is a ‘made to Order’ item, Sellers are requested to provide this information on the product page. In the event the Sellers are unable to fulfil any Order as a result of lack of stock, a full refund will be provided by the Seller and should be claimed directly from the Seller but neither CN nor the Seller will be liable for any additional claim for loss.
Certain Sellers produce ‘made to Order’ items just for you based upon your specific Order. Once you have expressed an interest via the Website the Website will forward confirmation of your Order. Please refer to individual Sellers’ delivery and returns policy for more details.
Intellectual Property (“IP”)
The content of the Website is protected by copyright, trade marks, database right and other IP rights. You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website without written permission from the Website.
We respect the IP rights of others and we ask our Sellers to do the same. If you are aware that any of your IP rights have been infringed on the site, please email us to report the concern.
Any variation of this agreement shall be in writing and signed by or on behalf of the parties. Any waiver of any right under this agreement is only effective if it is in writing and it applies only to the party to whom the waiver is addressed and to the circumstances for which it is given. No failure to exercise or delay in exercising any right or remedy provided under this agreement or by law constitutes a waiver of such right or remedy, nor shall it prevent or restrict any future exercise or enforcement of such right or remedy.
If any provision of the Terms (or part of a provision) is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
Please note that when you decide to purchase products the resulting legal contract is between you and the Seller and such contract shall comprise of these customer terms.
These Terms constitute the whole agreement and understanding of the parties and supersedes any previous arrangement, understanding or agreement between them relating to the subject matter of this agreement.
Each party acknowledges that, in entering into this agreement, it has not relied on any statement, representation, assurance or warranty (whether made negligently or innocently) other than those expressly set out in this agreement.
Each party agrees that all liability for and remedies in respect of any representations are excluded except as expressly provided in this agreement.
Where CN or a Seller are prevented from or delayed in carrying out obligations under these Terms due to circumstances beyond CN’s or the Seller’s reasonable control including, without limitation, acts of God, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, inclement weather, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to the Sellers workforce), or restraints or delays affecting carriers or an inability or delay in obtaining supplies of adequate or suitable materials then either our or the Sellers (as the case may be) performance of its obligations shall be postponed for the period of time that the circumstances continue.
Law and jurisdiction
Contracts for the purchase of goods or services through the website shall be governed by English law. Any dispute arising from, or related to, such contracts shall be subject to the exclusive jurisdiction of the courts of England.
Without prejudice to any other remedies, CN may, without notice and for any reason whatsoever without refunding any fees:
- delay or remove content uploaded by the Buyer;
- issue a warning, temporarily or indefinitely suspend the Buyer from the Website; and
- take legal action to prevent the Buyer from using the Website.
When we provide services, we want to make them easy, useful and reliable. Where services are delivered on the internet, this sometimes involves placing small amounts of information on your device, for example, computer or mobile phone. These include small files known as cookies. They cannot be used to identify you personally.
These pieces of information are used to improve services for you through, for example:
- Enabling a service to recognise your device so you don’t have to give the same information several times during one task
- Recognising that you may already have given a username and password so you don’t need to do it for every web page requested
- Measuring how many people are using services, so they can be made easier to use and there’s enough capacity to ensure they are fast.
- Enables a service to show you relevant advertisements based upon the leadership programmes and resources you have viewed on the website. *Third party vendors like Google will show these advertisements on sites across the internet.
You can manage these small files yourself through your browser setting.
Please take full responsibility for your own security and do not under any circumstances disclose bank details, credit card details, your personal username or password or any other such information to any other person unless you are confident that the information will not be misused.
Please also ensure that you do not leave your personal computer unattended while it is in operation unless it is safe to do so, and be aware that public forums and chat rooms are often used by people as a means of exploiting others and obtaining personal information about you.