Terms and conditions

Please read all these terms and conditions.

As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with.

Application

These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you). We are Capture Radio with email address info@captureradio.com; (the Supplier or us or we).
These are the terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions. Before placing an order on the Website, you will be asked to agree to these Terms and Conditions by clicking on the button marked 'I Accept'. If you do not click on the button, you will not be able to complete your Order. You can only purchase the Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.

Acceptance of Terms

This is a Website of Capture Radio (“Capture Radio”). Use by you of this Website and any other websites operated by Capture Radio and its group companies to which this Website is linked (the “Capture Radio Sites”), together with all associated servers (“Servers”) and all of the functions on or in or available from this Website or any other Capture Radio Site or the Servers (including, without limitation all chat forums, bulletin boards or other forms of communication) is subject to the following terms and conditions (“Terms and Conditions”) and any other terms and conditions contained on, in or available through a Capture Radio Site.

Interpretation

Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
Contract means the legally-binding agreement between you and us for the supply of the Goods;
Delivery Location means the Supplier's premises or other location where the Goods are to be supplied, as set out in the Order;
Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
Goods means the goods advertised on the Website that we supply to you of the number and description as set out in the Order;
Order means the Customer's order for the Goods from the Supplier as submitted following the step by step process set out on the Website;
Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;
Website means our website www.captureradio.com on which the Goods are advertised.

Goods

The description of the Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied.
In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
All Goods which appear on the Website are subject to availability.
We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.

Personal information

We retain and use all information strictly under the Privacy Policy.
We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.

Basis of Sale

The description of the Goods in our website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
A Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.
Any quotation is valid for a maximum period of 14 days from its date, unless we expressly withdraw it at an earlier time.
No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, eg by giving you rights as a business.

Price and Payment

The price of the Goods and any additional delivery or other charges is that set out on the Website at the date of the Order or such other price as we may agree in writing.
Prices and charges include VAT at the rate applicable at the time of the Order.
You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Goods.

Delivery

We will deliver the Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.
In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
1. we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
2. after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.
If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them to us or allow us to collect them from you and we will pay the costs of this.
If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.
We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.
You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.

Risk and Title

Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.
Capture Radio will not be held responsible for any disputes with third party companies or organizations

Link to third parties

This Website and other Capture Radio Sites or Servers may contain links to websites operated by third parties (“Third Party Websites”). Capture Radio does not have any influence or control over any such Third Party Website and, unless otherwise stated, is not responsible for and does not endorse any Third Party Website or its availability or contents or any agreement or understanding you enter into with a third party through a Third Party Website.

Content

The copyright in the material contained on, in, or available through this Website or any other Capture Radio Site or Server excluding the Content (as defined in Content submitted to the website) but including all other information, data, text, music, sound, photographs, graphics, video messages or other materials and the selection and arrangement thereof, and all source code, software compilations and other material (“Material”) is owned by or licensed to Capture Radio or its group companies.
All rights are reserved. You do not have any right, interest or title in or to the Material unless otherwise expressly indicated. The trademarks, service marks, and logos (“Trade Marks”) contained on or in this Website or any other Capture Radio Site or Server are registered and owned by or licensed to Capture Radio or its group companies. Save as expressly stated, you do not have any right to use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate the Trade Marks without the prior written consent of Capture Radio or the relevant group company.
You are permitted to print or download extracts of the Material for your personal use only provided that each copy contains a notice that the Material is owned by or licensed to Capture Radio or its group companies.
None of the Material may be used for any commercial or public use. Save as expressly stated or as necessary to view, print or download extracts of the Material for personal use, none of the Material may be copied, edited, varied, reproduced, published, displayed, distributed, stored, transmitted, commercially exploited or disseminated in any form whatsoever without the prior written consent of Capture Radio or the relevant group company.

Content submitted to the website

Information, data, text, music, software, sound, photographs, graphics, video, messages or other materials may be posted or uploaded (in public or privately) on to designated areas of certain of the Capture Radio Sites.
Any information, data, text, music, software, sound, photographs, graphics, video, messages or other materials which are posted or uploaded on to any Capture Radio Site or Server or otherwise transmitted through this Website or any other Capture Radio Site or Server by any visitor to this Website is referred to as“Content”.
Capture Radio does not control the Content and, as such, is not responsible for it in any way whatsoever. In particular, Capture Radio does not guarantee the accuracy, integrity or quality of such Content. Capture Radio shall have the right (but not the obligation) in its sole discretion to delete, edit, lock, move or remove any Content without notice.
Without limiting the foregoing, Capture Radio shall have the right without notice to record the IP address from which any Content is posted or uploaded to or otherwise transmitted through any Capture Radio Site or Server and to lock or remove any Content which violates these Terms and Conditions or is or may be irrelevant, out of date, inappropriate or objectionable in any way whatsoever or in respect of which Capture Radio receives any complaint (whether valid, justified or not).
If you upload, post or otherwise transmit any Content to a public part of any Capture Radio Site or Server (including, without limitation, if you post a message to a bulletin board or chat forum, upload files, input data, or engage in any other form of communication through any Capture Radio Site) you are wholly responsible for it.
You hereby:

Member Conduct

Upload, post or otherwise transmit Content which violates the rights (including, without limitation, the intellectual property rights) of a third party or which is unlawful, harmful, threatening, abusive, argumentative, flaming, hateful, offensive (whether in relation to sex, race, religion or otherwise) harassing, defamatory, vulgar, obscene, indecent, libellous, invasive of another’s privacy or contains any illegal content;
Harvest Content or IP addresses or upload, post or otherwise transmit any Content which contains software viruses or any other files or programs that may interrupt, destroy or limit the functionality of this Website or any other Capture Radio Site or Server or any networks connected to this Website or any other Capture Radio Site or Server or another’s computer, or that contains any chain letters, pyramid-selling schemes, bulk mail, junk mail or similar; or
Upload, post or otherwise transmit any Content for any commercial or business purpose including (without limitation) any Content which contains any advertising or promotional materials; or
Restrict or in any way inhibit any person from using this Website or any other Capture Radio Site or Server;
Upload, post or otherwise transmit any Content which is un-necessary and/or repetitive including any Content which repeats that previously uploaded, posted or transmitted by you or another visitor, unless absolutely necessary; or
(f) Upload, post or otherwise transmit any Content to a part of this Website or any other Capture Radio Site or Server which is irrelevant to the subject matter or the Content; or
Upload, post or otherwise transmit any Content to this Website or any Capture Radio Site or Server using an e-mail address provided by a free account service such as hotmail; or
Register yourself as a member of this Website or the forum provided through this Website or any Capture Radio Site, or to receive any newsletter or other service under more than one user name and/or user account number without the consent of the Website editor or the forum moderator; or
Use this Website or any other Capture Radio Site or Server in a manner that is inconsistent with these Terms and Conditions and/or any relevant laws and regulations in force from time to time; or
Breach the terms of any suspension or ban or seek alternative access.
You acknowledge that you are solely responsible for maintaining a secure password for the purpose of gaining access to the member sections of this Website or any other Capture Radio Site or Server. You agree to indemnify Capture Radio and its group companies in full and on demand from and against any loss, damage, costs or expenses which they suffer or incur directly or indirectly as a result of your use of this Website or any other Capture Radio Site or Server other than in accordance with these Terms and Conditions.

Withdrawal, returns and cancellation

You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply, to a contract for the following goods (with no others) in the following circumstances:
1. goods that are made to your specifications or are clearly personalised;
2. goods which are liable to deteriorate or expire rapidly.
Also, the Cancellation Rights for a Contract cease to be available in the following circumstances:
in the case of any sales contract, if the goods become mixed inseparably (according to their nature) with other items after delivery.

Right to cancel

Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason.
The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than the carrier indicated by you, acquires physical possession of the last of the Goods. In a contract for the supply of goods over time (ie subscriptions), the right to cancel will be 14 days after the first delivery.
To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (eg a letter sent by post, fax or email). You can use the attached model cancellation form, but it is not obligatory. In any event, you must be able to show clear evidence of when the cancellation was made, so you may decide to use the model cancellation form.
You can also electronically fill in and submit the model cancellation form or any other clear statement of the Customer's decision to cancel the Contract on our website www.captureradio.com. If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation in a Durable Medium (eg by email) without delay.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Effects of cancellation in the cancellation period

Except as set out below, if you cancel this Contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).

Deduction for Goods supplied

We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you (ie handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods: eg it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.

Timing of reimbursement

If we have not offered to collect the Goods, we will make the reimbursement without undue delay, and not later than:
14 days after the day we receive back from you any Goods supplied, or
(if earlier) 14 days after the day you provide evidence that you have sent back the Goods.
If we have offered to collect the Goods or if no Goods were supplied, we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

Returning Goods

For the purposes of these Cancellation Rights, these words have the following meanings:
1. distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;
2. sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object.

Conformity

We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
Upon delivery, the Goods will:
1. be of satisfactory quality;
2. be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
3. conform to their description.
It is not a failure to conform if the failure has its origin in your materials.

Successors and our sub-contractors

Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.

Circumstances beyond the control of either party

In the event of any failure by a party because of something beyond its reasonable control:
1. the party will advise the other party as soon as reasonably practicable; and
2. the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer's above rights relating to delivery and any right to cancel, below.

Excluding liability

The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier's other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to the Customer's business, trade, craft or profession which would not be suffered by a Consumer - because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.
Capture Radio disclaims all liability whatsoever, whether arising in contract, tort (including negligence) or otherwise in relation to this Website, any other Capture Radio Site or Server, Third Party Websites, links to Third Party Websites, Material and Content; and (b) all implied warranties, terms and conditions relating to this Website, any other Capture Radio Site or Server, Third Party Websites, links to Third Party Websites, Material and Content (whether implied by statue, common law or otherwise), including (without limitation) any warranty, term or condition as to accuracy, completeness, satisfactory quality, performance, fitness for purpose or any special purpose and title are, as between Capture Radio and you, hereby excluded. Capture Radio will not be liable, in contract, tort (including, without limitation, negligence), under statute or otherwise, as a result of or in connection with this Website, any other Capture Radio Site or Server, any Third Party Websites, links to Third Party Websites, the Material, Content, or any products or services offered on or through this Website or any other Capture Radio Site or Server or Third Party Website, whether by Capture Radio or on its behalf, for any:
economic loss (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); or
loss of goodwill or reputation; or
special or indirect or consequential loss.
If Capture Radio is liable to you directly or indirectly in relation to this Website, any other Capture Radio Site or Server, any Third Party Websites, links to Third Party Websites, the Material, Content, or any products or services offered on or through this Website or any other Capture Radio Site or Server or Third Party Website, that liability (howsoever arising) shall be limited to the sums paid by you in consideration for Capture Radio granting you membership to this Website or any other Capture Radio site. Nothing in these Terms and Conditions shall be construed as excluding or limiting the liability of Capture Radio or its group companies for death or personal injury caused by its negligence or for any other liability which cannot be excluded by English law. This Website is controlled and operated by Capture Radio from its offices in the UK. Capture Radio makes no representation that material contained on this Website is appropriate or available for use in other locations. Those who choose to access this Website or any Capture Radio Site from other locations do so on their own initiative and are responsible for compliance with local laws if and to the extent local laws are applicable.

No recommendation or invitation to invest

No information on this Website constitutes or shall be deemed to constitute an invitation or recommendation to invest or otherwise deal in shares or other securities in Capture Radio and the information contained herein does not constitute an offer to sell or the solicitation of an offer to buy any such securities. If you are considering an investment you should make your own, independent assessment and take appropriate independent professional advice.

Access Restriction

Capture Radio reserves the right in its sole discretion to deny you access to this Website or any other Capture Radio Site or Server, or any portion thereof, without notice and for any reason including, without limitation, if you fail to comply with any clause 5 (Member Conduct) or any other provision of these Terms and Conditions. In particular, Capture Radio may deny you access to this Website or any other Capture Radio Site or Server if Capture Radio exercises its right to lock any discussion topic to prevent further discussion, following submission of Content relating to that topic by you.

General These Terms and Conditions (as amended from time to time)

Constitute the entire agreement between you and Capture Radio concerning your use of this Website or any other Capture Radio Site or Server and supersede any previous arrangement, agreement, undertaking or proposal, written or oral between you and Capture Radio in relation to such matters. Capture Radio reserves the right to update these Terms and Conditions from time to time. If it does so, the updated version will be effective as soon as it is uploaded on to this Website. No other variation to these Terms and Conditions shall be effective unless in writing and signed by an authorised representative on behalf of Capture Radio.
These Terms and Conditions shall be governed by and construed in accordance with English law and you agree, for the benefit of Capture Radio, to submit to the exclusive jurisdiction of the English Courts.
If any provision(s) of these Terms and Conditions is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties and all other provisions shall remain in full force and effect.
Capture Radio’s failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Capture Radio in writing.
Unless otherwise expressly stated, nothing in the Terms and Conditions shall create any rights or any other benefits whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise in favour of any person other than you, Capture Radio and its group of companies.

Governing law, jurisdiction and complaints

The Contract (including any non-contractual matters) is governed by the law of England and Wales.
Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
We try to avoid any dispute, so we deal with complaints in the following way: If a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution within 5 days.