Cape & Co – Terms and Conditions

1.Introduction

These Terms and Conditions govern your use of the Cape & Co website and the purchase of products from us.

By accessing our website or placing an order, you agree to be bound by these Terms and Conditions. If you do not agree with these Terms, you must not use this website or place an order.

Cape & Co reserves the right to amend or update these Terms and Conditions at any time. Any changes will take effect immediately upon publication on the website.

Your continued use of the website following any changes constitutes acceptance of those changes.

2.Company Information

Cape & Co is a trading name of:

The Murfield Collective Ltd

Company Number: 16965755

Registered Office:
Ground Floor
13 Cable Court
Pittman Way
Fulwood
Preston
United Kingdom
PR2 9YW

Email: info@capeandco.uk
VAT Number: 511637611

Cape & Co operates as an online retailer serving customers within the United Kingdom.

3.Eligibility to Purchase

By placing an order through this website you confirm that:

• You are at least 18 years of age
• You are legally capable of entering into binding contracts
• The information you provide is accurate and complete

Cape & Co reserves the right to refuse or cancel orders where these requirements are not met.

4.Website Use

Users of this website agree not to:

• misuse the website
• introduce malicious software or viruses
• attempt unauthorised access to the website or its systems
• copy, reproduce or redistribute website content without permission

Cape & Co reserves the right to restrict access or suspend users where misuse is suspected.

5.Product Descriptions and Accuracy

We aim to ensure that product descriptions, specifications, images and measurements are accurate.

However:

• product images may include lifestyle staging
• accessories shown in images may not be included unless specified
• colours may vary depending on lighting conditions or screen displays
• measurements may vary slightly due to manufacturing tolerances

Variations in colour, texture and finish may occur due to manufacturing processes and materials.

Customers are responsible for reviewing product specifications carefully before placing an order.

6.Customer Responsibility for Measurements and Suitability

Customers are responsible for ensuring that:

• products will fit within the intended space
• access routes allow safe delivery of the product
• doorways, gates, pathways and staircases are suitable for delivery

Cape & Co cannot accept liability where products cannot be delivered or installed due to insufficient access or incorrect measurements taken by the customer.

7.Pricing

All prices displayed on our website are shown in GBP (£) and include VAT where applicable.

Cape & Co reserves the right to change prices at any time.

If a pricing error occurs, we reserve the right to cancel the order and issue a refund.

8.Payment

Payment must be made at the time of placing the order.

Accepted payment methods include:

• Debit cards
• Credit cards

Cape & Co may also offer Klarna payment services. Where Klarna is used, payment terms are governed by Klarna’s own terms and conditions.

9.Order Acceptance

An order placed through the website constitutes an offer to purchase goods.

Cape & Co reserves the right to:

• refuse any order
• cancel suspicious or fraudulent orders
• limit quantities purchased

Orders are only confirmed once payment has been successfully processed.

10.Fraud Prevention

Cape & Co may carry out fraud prevention checks on orders.

These checks may include verification of:

• payment details
• billing address
• delivery address

Orders may be cancelled where fraud is suspected.

11.Delivery Locations

Cape & Co currently delivers to UK Mainland addresses only.

Customers located in northern parts of Scotland or Northern Ireland must contact customer service prior to placing an order to confirm delivery availability.

12.Delivery Times

Typical delivery times are:

Pergolas – 10–14 days
Furniture and parasols – 2–5 days

Delivery times are estimates and may vary due to courier schedules, seasonal demand, weather conditions or supply chain disruptions.

13.Delivery Method

Large products may be delivered using specialist two-person delivery teams.

Customers may be contacted in advance to arrange delivery and may also receive communication on the day of delivery.

Customers must ensure someone is present to accept delivery.

14. Delivery Access and Property Entry

Customers must ensure that safe and adequate access to the delivery location is available.

Where access to the garden requires passing through the property, delivery personnel will only enter with the customer's permission.

Cape & Co cannot accept liability for property damage where reasonable care has been taken during delivery.

15. Failed Delivery

Delivery may fail due to:

• customer absence
• restricted access
• unsafe conditions
• incorrect delivery information

In such cases the customer may be responsible for redelivery costs.

16.Refusal of Delivery

If a customer refuses delivery after goods have been dispatched without valid reason, Cape & Co may deduct reasonable costs including:

• delivery costs
• return transport costs
• handling charges

before issuing a refund.

17. Installation Services

Cape & Co offers installation services for selected products including pergolas.

Installation services are provided by trusted subcontractor installation teams.

Customers are responsible for ensuring:

• the installation area is accessible
• the installation surface is suitable
• groundwork and foundations are complete
• any required planning permission has been satisfied

18.Planning Permission and Local Regulations

Customers are responsible for confirming whether planning permission or other approvals are required prior to installation.

Cape & Co cannot accept responsibility for installations that require planning permission or other approvals.

19.Installation Surface Requirements

Pergolas must be installed on a flat, level and structurally sound surface such as concrete or paving slabs.

If installation teams arrive and the site is unsuitable for installation, installation may be postponed or cancelled.

Where installation cannot proceed due to unsuitable site conditions, the customer may remain liable for delivery and installation costs.

20.Structural Alterations

Pergola installation requires structural fixing to the installation surface.

By proceeding with installation, the customer confirms acceptance of structural alterations including drilling into patios, paving, decking or walls.

Customers may be required to sign a waiver prior to installation.

21.Installation Cancellation

Installation services must be cancelled at least 72 hours prior to the scheduled appointment.

Cancellations within 72 hours may incur the full installation charge.

22. Weather and Environmental Responsibility

Outdoor furniture and structures are exposed to environmental conditions including wind, rain and storms.

Customers are responsible for securing or storing products during adverse weather conditions.

Cape & Co cannot accept liability for damage caused by environmental conditions.

23.Wind Safety

For safety and product longevity:

Parasols should be closed in winds above 20mph.

Pergola blinds or screens should be retracted in winds above 40mph.

Damage caused by failure to follow these guidelines may not be covered under warranty.

24.Product Use

Cape & Co products are designed for domestic residential use.

Parasols must be used with an appropriate base.

Pergolas must be securely fixed to the installation surface.

Misuse of products may void warranty coverage.

25.Warranty

Pergolas – 10-year structural warranty
Furniture frames – 1-year warranty
Cushions – 1-year warranty
Parasols – 1-year warranty for frame and fabric

Warranty does not cover damage caused by:

• wind or storm damage
• misuse
• incorrect installation
• lack of maintenance
• commercial use
• normal wear and tear

26.Returns and Cancellation

Customers have the right to cancel their order within 14 days of receiving the goods under the Consumer Contracts Regulations 2013.

Returned goods must be sent back within 14 days of cancellation.

Customers may inspect goods as they would in a retail environment. If goods are handled beyond what is reasonably necessary to establish their nature, characteristics and functioning, Cape & Co may make a deduction from the refund to reflect any loss in value.

Customers are responsible for return shipping costs unless goods are faulty or incorrectly supplied.

This policy does not affect your statutory rights under the Consumer Rights Act 2015.

27.Damaged or Faulty Goods

Customers are encouraged to inspect their goods upon delivery and report any damage within 48 hours where possible.

However, this does not affect your statutory rights under the Consumer Rights Act 2015, including the 30-day right to reject faulty goods.

Photographic evidence may be requested to assist with claims.

28.Refunds

Approved refunds will be issued to the original payment method.

Where goods are faulty and repair or replacement is not possible or practical, customers may be entitled to a price reduction or refund in accordance with the Consumer Rights Act 2015.

29.Promotions

Promotional offers may include discount codes or limited-time promotions.

Promotions:

• cannot normally be combined
• may be withdrawn at any time
• are subject to product availability

30.Photography and Marketing

Cape & Co may photograph completed installations for marketing purposes unless the customer requests otherwise.

31.Intellectual Property

All website content including images, videos, product descriptions, branding and design elements are the intellectual property of Cape & Co or its licensors.

Unauthorised reproduction or use is prohibited.

32.Third-Party Links

Our website may contain links to third-party websites.

Cape & Co is not responsible for the content or policies of these websites.

33.Limitation of Liability

Nothing in these Terms excludes liability for:

• death or personal injury caused by negligence
• fraud or fraudulent misrepresentation
• any matter that cannot legally be excluded

Subject to this, Cape & Co shall not be liable for indirect or consequential losses, installation errors by third parties, misuse of products or weather-related damage.

34. Indemnification

You agree to indemnify and hold harmless Cape & Co, The Murfield Collective Ltd and its employees, contractors and partners from any claims, damages or legal costs arising from:

• breach of these Terms
• misuse of the website
• misuse of products
• violation of applicable laws
• infringement of third-party rights

35.Errors, Inaccuracies and Omissions

Occasionally there may be information on our website that contains typographical errors or inaccuracies.

Cape & Co reserves the right to correct such errors and cancel orders where necessary.

36.Force Majeure

Cape & Co shall not be liable for delays caused by events beyond our control including severe weather, supply chain disruption, strikes or transport delays.

37.Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in effect.

38. Waiver

Failure to enforce any provision of these Terms does not constitute a waiver of that provision.

39.Entire Agreement

These Terms constitute the entire agreement between Cape & Co and the customer.

40.Governing Law

These Terms are governed by the laws of England and Wales.

41.Contact Information

Cape & Co
The Murfield Collective Ltd

Ground Floor
13 Cable Court
Pittman Way
Fulwood
Preston
PR2 9YW

Email: info@capeandco.uk