Welcome to our terms and conditions of sale and delivery

These terms and conditions apply to customers (“Customers”) who access the El Capitan Boutique website (“Website”). Please read these terms and conditions carefully before accessing and/or ordering any goods from the Website.

These are the terms and conditions of El Capitan Iberia, Unipessoal LDA (“El Capitan Boutique”), which is the company that sells goods to Customers on the Website. If you access the Website, and/or place an order for goods, you agree to be bound by these terms and conditions.

You should print a copy of these terms and conditions for future reference. 

How to order

  1. Select the goods you require from the Website and click ‘Add to Cart’
  2. Choose the quantity of goods you wish to purchase from El Capitan Boutique (the default will be one (1) unit).
  3. Review your cart and make sure all specifications such as size (see our sizing chart) and colour fit your requirements, then click ” Checkout”
  4. You will be directed to the shipping confirmation and delivery options page where you may enter voucher codes, select the type of delivery, and vary delivery and/or billing addresses.
  5. You will then proceed to the secure payment page where you may select the payment type and complete your order. Your payment will be collected from you by El Capitan Boutique. Following submission of your order you will be sent an automated order acknowledgement to the email address provided.

By placing an order through the Website, you warrant that you are legally capable of entering into binding contracts.

How the contract for the goods is formed between you and El Capitan Boutique

After placing your order, you will receive an automated order acknowledgement. Please note that this does not mean that your order has been accepted. All orders are subject to acceptance by El Capitan Boutique.

Once El Capitan accepts your order, a contract to purchase the goods from El Capitan Boutique takes effect between you and El Capitan Boutique.

The contract to sell goods to you only relates to those goods listed in the confirmation email.

Who we are

As set out in our terms and conditions, this Website is operated by El Capitan Iberia, Unipessoal LDA, whose address is Ocean Palace, R. Visc. Morais 7, 2500-509 Foz do Arelho, Portugal Company number 516817434. El Capitan Iberia, Unipessoal LDA is the data controller in respect of information collected when you browse this Website and purchase our products.

Our goods

A description of the main characteristics of goods can be found on the product pages of the Website. Prices for goods on the Website appear on the product pages.

For customers based Inside the UK: For orders with a total value less than Great British Pounds £135, all applicable taxes are included. For orders with a total value more than Great British Pounds £135, there might be import duties and taxes to pay to get your parcel. These charges are usually levied when the order reaches the delivery address, and you will be responsible for the payment of those.  

For customers based outside the UK but in the EU: the prices for goods on the Website include all applicable taxes.

For customers based outside the UK and outside the EU: the prices for goods on the Website may not include all applicable taxes. If you order from us from outside the UK and EU, there might be import duties and taxes to pay to get your parcel. These charges are usually levied when the order reaches the delivery address, and you will be responsible for the payment of those.

We have no control over these charges and can’t predict their amount. For further information please contact your local customs office before placing your order.

Prices and offers may vary and may only be available for limited periods. All prices and offers are subject to availability and may be withdrawn or amended at our discretion. The prices on the Website may differ to prices in retail stores, catalogues or elsewhere.

The Website contains a large number of goods and it is possible that, despite our best efforts, some of the goods listed on the Website may be incorrectly priced. If we discover an error in the price of the goods you have ordered we will inform you as soon as possible. We will give you the option of reconfirming your order at the correct price or cancelling it.

El Capitan Boutique is under no obligation to sell incorrectly priced goods to you at the incorrect price.

Some offers carry a maximum quantity per customer. If this is applicable, this is detailed on the individual offer. 

Data protection and privacy

Any personal information provided to us will be processed in accordance with our privacy policy.

Method of payment

You may pay by

  • Gift Cards
  • Maestro
  • Mastercard
  • VISA
  • VISA Debit
  • VISA Electron
  • G Pay
  • Apple Pay

Please ensure if you are using a credit card that you provide the card holder’s name as it is shown on the card, and the billing address corresponds as it appears on the card statement. Depending on your delivery location, payment will be taken in either Great British Pounds (£), Euros (€) or United States Dollars ($), and if applicable, your card will be charged according to the exchange rate at that time.

 Fraud Prevention

To help us to prevent fraud, We may require documentation to verify a customer’s details or may require a landline telephone number. Card Fraud is illegal, and perpetrators will be prosecuted.

The following documentation may be required to complete our due diligence checks –

Personal identification – Photo ID – (Passport, Driving Licence or Birth Certificate)

Front and back of all cards used on the account

Please remember to block out the middle 6 digits on the front of the card, and the 3 digit CVS on the back.

Failure to comply with the verification checks will result in the order being cancelled

We reserve the right to cancel any order we do not believe to be genuine

If we identify a transaction as being potentially fraudulent we may ask our courier to return the goods to our warehouse, we may cancel your order even though you will have received the Order Confirmation email.

Delivery

Please see delivery & Returns Page

Warranty and limitation of our liability

If El Capitan Boutique fails to comply with these terms and conditions, El Capitan Boutique shall only be liable to you for the purchase price of the goods and any proven losses that you suffer as a result of El Capitan Boutique’s failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure.

El Capitan Boutique will not be liable for losses that result from its failure to comply with these terms and conditions that fall into the following categories:

(a) loss of income or revenue;

(b) loss of business;

(c) loss of profits;

(d) loss of anticipated savings;

(e) loss of data; or

(f) waste of management or office time.

Nothing in these terms and conditions is intended to exclude or limit El Capitan Boutique’ liability for:

(a) death or personal injury caused by El Capitan Boutique’ negligence;

(b) fraud or fraudulent misrepresentation;

(c) any other matter for which it would be illegal for El Capitan Boutique to exclude or attempt to exclude its liability.

Whilst El Capitan Boutique adopts industry standard protections against computer viruses, it is not able to warrant that this website is free from computer viruses or any other malicious or impairing computer program.

Nothing in these terms and conditions is intended to affect your statutory rights.

Events outside our control

El Capitan Boutique will not be liable or responsible for any failure to perform, or delay in performance of any of its obligations to you that is caused by events outside El Capitan Boutique’s reasonable control (a “Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond El Capitan Boutique’ reasonable control and includes (without limitation) the following:

(a) Strikes, lock-outs or other industrial action;

(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster;

(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

(e) Impossibility of the use of public or private telecommunications networks; or

(f) The acts, decrees, legislation, regulations or restrictions of any government.

In the event of a Force Majeure Event, El Capitan Boutique’s performance is deemed to be suspended for the period that the Force Majeure Event continues, and El Capitan Boutique will have an extension of time for performance for the duration of that period. El Capitan Boutique will use its reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which its obligations to you may be performed despite the Force Majeure Event.

Written communications

Applicable laws require that some of the information or communications El Capitan Boutique sends to you should be in writing. By accessing the Website, you accept that communication with El Capitan Boutique will be primarily electronic through e-mail or notices posted on the Website. For contractual purposes, by accessing the Website you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that El Capitan Boutique provides to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

 Intellectual property rights

Unless otherwise specified the intellectual property rights in the contents of all the pages in this website, are owned or licensed to El Capitan Boutique, or are used with permission from the owner.

The contents of this website may not be copied, reproduced, modified, downloaded or used in any form without our prior written permission.

Complaints

El Capitan Boutique takes all feedback very seriously and aims to deal with complaints as quickly and effectively as possible.

For complaints relating to orders placed through the Website please email customer services. To assist El Capitan Boutique in dealing with your complaint, please detail all aspects of the complaint, your order number and your contact details.

Our right to vary these terms and conditions

El Capitan Boutique reserves the right to revise and amend these terms and conditions from time to time. You will be subject to the terms and conditions that are in force at the time that you order goods from El Capitan Boutique unless:

(a) any change to these terms and conditions is required to be made by law or governmental authority, in which case the changes may apply to orders previously placed by you; or

(b) El Capitan Boutique notifies you of any changes to these terms and conditions before it accepts your order, in which case El Capitan Boutique has the right to assume that you have accepted the change to the terms and conditions unless you notify El Capitan Boutique to the contrary within seven (7) working days of receipt by you of the goods.