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These provisions (including the GDPR Privacy Policy together with any other documents referred to in these provisions) set out the terms and conditions on which you may make use of the capitalequestrian.com website (the “Site”) or (together the "Service").

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We may update these Customer Terms (and the documents referred to in them) and any aspect of the Service from time to time and will notify such changes to you by uploading details of them on the Site. You should review the Customer Terms periodically for changes. By using the Site you agree to be bound by these Customer Terms. If you do not agree to these Customer Terms then please do not use the Services or any part of them.

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1. About Us

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The Services are operated by Capital Equestrian/Kim Murray Fine Art ("we") with a head office address at ​22 Egerton Road, Wilmslow, Cheshire, SK9 4DG.

Our VAT number is GB 2717 51010.

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2. Accessing Our Service

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Access to the Services is permitted on a temporary basis, and we reserve the right to withdraw or amend the services we provide through the Site without notice. We will not be liable if for any reason any of the Services are unavailable at any time or for any period.

From time to time, we may restrict access to any or all of the Services, to users who have registered with us. Any personal data and other information provided by you is processed by us in accordance with our Privacy Policy. By providing any such personal data or other information you agree to the terms of our Privacy Policy.

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If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Customer Terms.

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It is your responsibility to ensure that all information (including your name and address) you upload to the Site, is correct and accurate. Ensure that you check all information before making a purchase.

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3. Intellectual Property Rights

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We own, or are the licensee to, all right, title and interest in and to the Service, including all rights under patent, copyright, trade secret or trademark law, and any and all other proprietary rights, including all applications, renewals, extensions and restorations thereof. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble or otherwise attempt to derive source code from the website or any other part of the Service.

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You must not extract or otherwise use any of the content on the Site and/or Service for commercial purposes without obtaining a licence to do so from us or our licensors.

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4. Disclaimer Of Warranties & Limitation Of Liability

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(a) To the fullest extent permitted by applicable laws, we disclaim responsibility for any harm resulting from your use of any part of the Service.

(b) The Site and App are provided “as is” and “as available” and we expressly disclaim to the fullest extent permitted by law all express, implied and statutory warranties.

(c) Nothing in these Customer Terms shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.

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5. Orders

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Each order you place shall be deemed to be an offer by you to purchase the goods and/or services specified within it subject to the Customer Terms and the applicable details on the product page.

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No order shall be deemed to be accepted until we issue an email acknowledgement of order where upon the contract between us and you will relate only to those goods and/or services notified in the email acknowledgement of order.

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6. Payment Methods

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Purchases for goods and/or services you make may only be paid for using the payment methods we make available from time to time through our payment facility. You acknowledge that these Customer Terms, and/or any transaction made by you via capitalequestrian.com, do not create or imply any partnership, joint venture or trust relationship between us and/or you. All prices shall be shown in the applicable currency and payable in that currency.

 

You accept that some banks may charge you an additional fee for certain transactions (for example, international transactions). You accept that item prices in the currencies displayed do not vary according to your location; delivery charges will vary depending on the destination to choose to have the item delivered. For delivery destinations within the EU prices include VAT or other sales taxes where applicable. For delivery destinations outside the EU, prices do not include VAT or other sales taxes.

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7. Refusal Of Transaction

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We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of so refusing or by reason of unwinding or suspending any transaction after processing has begun.

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8. Delivery Arrangements

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Your shopping basket on the Site displays the goods you have chosen, delivery costs for each item may vary according to the delivery methods, weight and country. Any delivery times quoted are in working days.

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9. Import Regulations & Duty

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If you order goods from our Site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.

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10. Returns & Refunds

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If you wish to discuss or organise a return, exchange or refund of any non-cancellable item purchased through the Site (see below for a description of non-cancellable items), please contact us directly using the order number given at the time of confirmation. Any returns or refunds shall be made in accordance with the Returns & Refunds Policy below.

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For most products, you have 14 days to notify us if you want to cancel the order or exchange the item. The cancellation period will expire 28 days from the day on which you receive the goods you have ordered. This applies to cancelable goods (there’s a guide below to help you see what’s cancelable and what isn’t).

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1. If already received, package the item up and send it back to the seller within 14 days of letting us know that you want to cancel your order and return the product (we recommend you use a signed-for delivery service with proof of postage). Please note that you will have to bear the direct cost of returning the product.

2. As the seller, we will process the refund directly to your payment card, in no more than:

a. 14 days after the day the product is received by the us; or

b. if earlier, 14 days after the date you provide evidence that you have returned the product to us.

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Please don’t destroy or throw away any product, even if it’s faulty, before you’ve spoken to the seller and agreed that doing so won't affect any refund you may be entitled to.

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Please note that you are liable for any diminished value of the product resulting from the handling of the product in any way other than what is necessary to establish the nature, characteristics and functioning of the product while you are responsible for it (this includes, in the context of a return, when the product is in transit back to the seller).

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What you really can’t send back

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Unfortunately, some items are non-cancelable and non-refundable:

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• Anything that’s made to your specific requirements and is personalised or otherwise can't be resold due to a bespoke element

• Creative pieces that are specially commissioned when you place an order.

• To avoid disappointment, please check whether an item is cancelable or non-cancelable before ordering.

 

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11. Links

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You may link to our home page on the Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. The Company expressly reserves the right to revoke the right granted in this clause for breach of these Customer Terms and to take any action it deems appropriate.

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Our Site must not be framed on any other website, nor may you create a link to any part of our Site other than the home page. We reserve the right to withdraw linking permission at any time.

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The Site provides links to other websites for your information. If you use these links, you leave the Site. We have not reviewed these third party websites and we have no control over such sites or resources. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Site, you do so entirely at your own risk. We accept no responsibility for third party websites or for any loss or damage that may arise from your use of them including the group gifting application which is provided by a third party.

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12. Viruses, Hacking & Other Offences

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You must not misuse our Site or any part of the Service by introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of-service attack.

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By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.

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13. Waiver

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If we fail at any time to insist upon strict performance of any of your obligations under these Customer Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under them, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Customer Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

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14. Severability

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If any of these Customer Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

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15. Entire Agreement

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These Customer Terms and any documents expressly referred to in them constitute the entire agreement between us and supersedes and extinguishes all previous drafts, agreements, arrangements and understandings between us, whether written or oral, relating to its subject matter. Each of us agrees that neither we nor you shall have any remedies in respect of any representation or warranty (whether made innocently or negligently) that is not set out in these Customer Terms or any documents expressly referred to in them. Neither of us shall have any claim for innocent or negligent misrepresentation based upon any statement in these Customer Terms and any documents expressly referred to in them.

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16. Force Majeure

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Where we are prevented from or delayed in carrying out obligations under these Customer Terms due to circumstances beyond 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 or restraints or delays affecting carriers or an inability or delay in obtaining supplies of adequate or suitable materials (as the case may be) performance of its obligations shall be postponed for the period of time that the circumstances continue.

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17. Rights of Third Parties

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No provision of these Customer Terms shall be enforceable by any third party (which includes for these purposes any third party: employee, officer, agent, representative or sub-contractor of either Capital Equestrian/Kim Murray Fine Art under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

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18. Law and Jurisdiction

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Contracts for the purchase of goods or services through our Site 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.

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19. Feedback and Complaints

General comments about the Site are welcome, please contact us at www.capitalequestrian.com/contact.