These terms and conditions (“Terms”) apply to all goods and services you order from us. The goods we sell are generally bespoke products made to your order. To enable us to proceed with your order before the end of any cancellation rights you may have (depending on how your order) we will sometimes ask you to confirm that you are happy to be responsible for costs we incur in producing your items up to the date you may cancel it. We do this as the items we make or source for you are unlikely to be re-saleable to others.
We use the following defined terms throughout the Terms:
“Contract” means a binding contract for the supply of Goods and/or Installation formed in accordance with section 1 below.
“Goods” means the products manufactured and/or supplied by us which are the subject of your Order.
“Order” means an order made by you for the supply of Goods and/or Installation by us on an Order Form.
“Order Form” means our standard order form which may vary depending on how you place your Order with us.
“Price” means the price of the Goods and/or any applicable delivery or packaging charges.
“Regulations” means the General Product Safety Regulations 2005
“Sales Literature” means all brochures, drawings, descriptive matter, specifications and websites used by us to advertise and promote the Goods.
“you” means the person ordering Goods and/or Installation from us.
“we/us/our” means Hospital Tracks, a subsidiary of Capricorn Blinds Ltd, 21 Parkgate Shopping Centre, Solihull, B90 3GG.
When we use the words “writing” or “written” in these Terms, this will include e-mail.
1. OUR CONTRACT WITH YOU
1.1 You may enter into a Contract with us in the following ways:-
a. Through our website, over the phone or otherwise at a distance: the Contract will be formed when we send you a confirmation of Contract email or when we dispatch the Goods, whichever is sooner.
1.2 If you wish to cancel a Contract with us please refer to section 3 of these Terms to see if cancellation is permitted, and, if so, what the steps are.
1.3 If we wish to cancel the Contract we can so in accordance with section 3.
1.4 We always try to deal with the Contract as quickly and efficiently as possible, but sometimes we will be unable to do so. Any times stated by us are therefore estimates only.
2. PRICE AND PAYMENT
2.1 The Price will include all taxes applicable from time to time, but please note that we may have had to make certain assumptions when pricing the Installation - please note in particular section 5.3 below.
2.2 Our Order Form will give details of the payment terms for your Order. We will debit the Price from your debit or credit card accordingly if you have supplied us with your card details. Payments by cheque are not deemed to have been made until the cheque has cleared.
3. CANCELLING A CONTRACT
Your rights to cancel a Contract vary according to how you Order from us, and what type of Goods you Order.
3.1 Subject to clause 3.2, as the Goods we will be supplying to you are made-to-measure Goods and are made to your requirements, you will not be able to cancel your Order once made (but this will not affect your legal rights as a consumer in relation to any Goods that are faulty or not as described).
3.2 If you are entitled to cancel the Contract, and wish to do so, you will be responsible to pay the reasonable fees and costs we have incurred already fulfilling our part of the Contract including loss of profit to date up to the overall value of the Order.
3.3 If you have received the Goods before you cancel the Contract, please contact us as soon as possible for guidance on how to pack your Goods and arrange for them to be returned to us.
4. SAFETY DEVICES
4.1 Goods purchased through HospitalTracks.com are supply-only. It is the responsibility of the Customer to ensure the installation of the Goods are done in accordance to the recommended Safety Regulations and any necessary Safety Devices/Components are utilised. We cannot accept any responsibility for any injuries and/or accidents occurred as a result of an installation malfunction.
4.2 For the avoidance of doubt we consider clause 4.1 to be reasonable in all the circumstances given our obligations under the Regulations. This will not affect your legal rights as a consumer in relation to any Goods that are faulty or not as described.
5. PRODUCT DESCRIPTIONS
5.1 The product information and photographs contained in our Sales Literature are provided for illustrative purposes only and we cannot warrant that they are accurate.
5.2 Whilst every effort is made by us to ensure that Goods sold and delivered to you match in every respect any sample or description we may have shown or given or sent to you, minor or immaterial variation or change in colour or pattern between the sample or description and the Goods delivered shall not entitle you to reject the Goods nor to claim any compensation for such variation or change.
6.1 We can make the Goods according to the measurements you provide us.
6.2 If you are providing us with your own measurements please ensure that they are correct and accurate. Unfortunately, we cannot accept the return of made to measure Goods if the reason for the return is because you provided us with incorrect measurements.
7. DELIVERING YOUR GOODS
7.1 We aim to deliver your Goods to the address you have provided on the Order Form for delivery within 30 days of the date of your Order unless we confirm a later date to you.
7.2 Any delivery date given for the delivery of Goods is an estimate only. Whilst we will make every effort to deliver on this date we must stress that it is an estimate and may be subject to change.
7.3 Ownership of, and risk in, the Goods will pass to you once they have been delivered to you. If you return the Goods, ownership of, and risk in the Goods returned will pass to us on receipt of the Goods by us.
7.4 If more than one item is ordered we may deliver the Goods in instalments.
8.1 We warrant that all Goods sold to you will be free from material defects for a period of 12 months from delivery of the Goods to you.
8.2 As a consumer, you have legal rights in relation to Goods that are faulty or not as described in addition to the above warranty. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these terms will affect these legal rights.
8.3 The warranty given in clause 8.1 above does not apply to any defect in the goods arising from fair wear and tear, wilful damage, abnormal storage, negligence by you or any third party, failure to use the Goods in accordance with the instructions, any unauthorised alterations or repairs or any specification provided by you.
8.4 If the Goods are defective on delivery or a defect arises within the following 12 months, please contact us to provide us with details of the defects and we will discuss with you how the Goods should be returned to us. Provided that clause 8.3 does not apply and if it appears to us that the Goods are defective we will promptly arrange:-
8.4.1 for the defective Goods to be collected from you in order to repair the Goods and return the repaired Goods to you, free of charge; or
8.4.2 to collect the defective Goods from you and simultaneously deliver replacement Goods of similar quality and specification, free of charge; or
8.4.3 if you so request, arrange for a full refund of the Price of the defective Goods by crediting your debit or credit card or sending you a cheque within 30 days of receipt of the defective Goods.
8.5 If the Goods are not defective, or have been modified, misused or the subject of negligence, you will be responsible for the payment of our charges on a time and materials basis in respect of any repairs and collection and return of the Goods which we agree to carry out at your request.
8.6 We shall not be liable to you nor be deemed to be in breach of contract by reason of any delay in performing, or any failure to perform, any of our obligations in relation to the Contract, or for any damage or defect to Goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, third party default, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion, accident, breakdown of manufacturing or other equipment or unavailability of raw materials.
8.7 In these Terms we do not seek in any way to limit your statutory rights, nor to limit our liability for any death or personal injury resulting from negligence on our part.
9. INTELLECTUAL PROPERTY
All images, logos, graphics and written content listed on this site are the intellectual property of Capricorn Blinds Ltd and its subsidiary Hospital Tracks and shall under no circumstances be altered and / or publicly distributed by persons outside of the Company. If we find reasons to believe our content has been used in any of the aforementioned manners, we reserves the right to take necessary legal actions to regain our intellectual property from any unauthorised person or persons.
10. GENERAL TERMS
10.1 If any part of these Terms is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
10.2 Failure or delay by us in enforcing or partially enforcing any provision of the contract shall not be construed as a waiver of any of its rights under the contract.
10.3 This contract is subject to English law and the non-exclusive jurisdiction of the English courts.