The Website, Ochre & Ocre, & you
This website, found under the www.ochreandocre.com URL, is operated by Ochre & Ocre Limited, & references to “we”, “us” & “our” shall be deemed to be references to Ochre & Ocre. References to “you” & “your” shall be deemed to be references to person placing an order via this website.
Your use of this Website is governed by the Terms & Conditions set out below. By using any part of this Website, completing your customer registration with us &/ or placing an order on the Website you agree to be bound by the Terms & Conditions. Ochre & Ocre may revise these Terms & Conditions at any time by updating this posting. You should therefore check the Terms & Conditions periodically for changes.
These Terms & Conditions & your use of our website are governed by English law & you agree to submit to the non-exclusive jurisdiction of the English court. This does not affect your non-excludable statutory rights.
A contract between the customer & Ochre & Ocre Limited for the sale of our products will only exist once an order has been accepted, processed & despatched, (at which point your credit/ debit card will be charged for the value of the goods despatched). This does not affect your statutory rights.
Use of the website
Eligibility To be eligible to purchase goods on this website & to lawfully enter into & form contracts on this website under English law you must:
- register to use the website
- be the holder of a valid debit / credit card, &
- be 18 years of age or older
You warrant that the personal information, which you are required to provide when you register as a customer, is true, accurate & current in all respects. If your personal information changes then please notify us immediately, by emailing customerservice@ochreandocre.com.
You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use. You also agree to keep your password & account details confidential, & take all reasonable measures to prevent unauthorised access to your account. You are responsible for all actions that occur in relation to your account. If you have reason to believe that your password has become known to someone else, or is likely to be used in a way unauthorised by you, you should contact us immediately. If you forget your password we will reset it upon your request & send it to the email address you registered with. All the personal information that you provide will be in accordance with the Privacy Policy.
You can cancel your registration with the website at any time by sending notice of cancellation to customerservice@ochreandocre.com
Privacy Policy
Our data collection & storage is governed by the rules of the Data Protection Act 1998. Our mailing list & email list are for our exclusive use & we do not intend to pass these details on to other companies. By ordering online, you give us your consent to use your personal details for processing your order, market research, processing your payments, credit reference checking & fraud detection, & for marketing purposes as outlined below.
You will only receive promotional information from us if you opt in by ticking the appropriate box as you go through the registration process. You can unsubscribe from our contact list at any time by replying to a promotional email with the word “unsubscribe” in the subject line, or by emailing us at customerservice@ochreandocre.com . We will then make sure your personal information is deleted from our mailing list and databases in accordance with our administrative policies, (e.g. we may be required to retain your address details in relation to any credit card purchase for a period of not less than 6 months). If all (or substantially all) of our assets which are used to operate our business are acquired by a third party, then your personal information may be transferred to that third party.
If you would like to check the details we hold about you please do not hesitate to contact us. We can provide you with a readable copy of the personal information which we keep about you within 30 working days, although we will require proof of your identity & any such request for personal information must be received by us in writing. We are entitled to levy a reasonable charge, (such charge shall not exceed £10) in order to provide this information to you. If you have a concern or query regarding our privacy policy please email us at customerservice@ochreandocre.com
Delivery
We make every effort to dispatch orders the same day, if they are received by midday.
Any delivery timescales quoted to you are indicative only. Orders may be delivered in one or more delivery. Time for delivery shall not be the essence of the contract.
As soon as your order is dispatched you will receive email confirmation. An invoice will be sent out with every order.
In the event that an item is temporarily out of stock, we will notify you of the delay & despatch it as soon as it arrives.
Ochre & Ocre does not accept any liability whatsoever for delayed delivery caused by a third party.
As soon as you have received the goods, you must inspect the goods. You will be deemed to have accepted the goods unless you notify us that you have cancelled the order &/or you return the goods in accordance with Returns Procedure. If no such action is taken, we shall not be obliged to accept any rejection of the goods at a later date.
Delivery of the Goods shall be made to the address for delivery you provide on the order form. It is important that this address is accurate & that we have a contact telephone number. Certain parcels may require a signature on delivery. Please be precise about where you would like the Goods left if you are out when we deliver. We cannot accept any liability for loss or damage to the Goods once they have been delivered in accordance with your delivery instructions.
If any item arrives damaged or defective, please contact us & we will make arrangements for a replacement to be delivered to you.
You will assume all risk in the goods on delivery or, if you wrongfully fail to take delivery of the Goods, on tender of delivery of the Goods by us or our carrier. Upon delivery of the goods to you, we will also provide you with sufficient details to enable you to:
1.exercise your right of cancellation; and
2.address any intended cancellation or complaints to the correct place of business.
Standard Delivery in the UK
Delivery £2.75 for all orders.
Orders over £30 FREE
On parcels weighing 2kg or more we will use APC Couriers next day service. If you order by 12 noon, your parcel will be delivered the following day.
Free Delivery:
Spend over £30 and we will give you FREE delivery.
Offer only valid for single deliveries to one address.
Postal Strikes:
In the event of a postal strike we will send all our parcels via APC Couriers, to ensure you still get your order on time. Your postage rate will be unaffected.
Addresses not on the UK mainland, such as Isles of Scilly, Channel Islands, Isle of Man & Northern Ireland, there may be a surcharge.
Please email customerservice@ochreandocre.com, with details of what you would like to order & we will provide you with a quote
Special Delivery:
Please call us on 0845 331 1277 to arrange special delivery requirements. Please call before 12 noon to ensure the item is in stock if you would like next day delivery. A signature will be required for the following delivery methods.
Cost:(in addition to the standard charges above)
In the UK:
£10.00 for Next Day by 4pm delivery
£13.00 for Next Delivery by Noon delivery
Outside of the UK:
We will deliver outside of the UK, and charge postage at cost. Please contact us with details of what you would like to order and we can advise you of the postage rates. Email customerservice@ochreandocre.com
Payment & taxes
Ochre & Ocre is an English company, & therefore all of our prices are in £’s sterling. When shopping on the French website we have converted our prices to euros, & we check the exchange rate regularly to ensure the prices quoted are as accurate as possible.
We accept online payment in a secure environment by credit card. All prices quoted on this website are accurate at the time of publication & are quoted in either pounds sterling or euros, & where appropriate are inclusive of UK sales tax (VAT), at the current rate. If your order is being sent to a member state of the EU, then the selling price will include VAT at the current rate. If your order is being despatched to a destination outside the European Union, (EU), then your current sales tax will be zero.
Any customs or import duties levied once the package reaches your destination country will be your responsibility as we have no control over these charges & cannot predict them.
Placing an Order
You place your order request for goods from the website by clicking on the confirm order button at the end of the online order process. You will be guided through the process of placing an order by a series of simple instructions on the website.
Once you have placed your order, we will send you an email acknowledgement providing you with a reference number & the total value of your order that will be debited from your credit / debit card. This is not an order confirmation or order acceptance from Ochre & Ocre.
Orders are accepted at Ochre & Ocre’s sole discretion but are normally accepted if the goods requested are available, the order reflects the current pricing, the delivery address is within our delivery area, & the credit or debit card provided is authorised for the transaction.
Unless we have notified you that we do not accept your order or you have cancelled your order in accordance with the Cancellation Procedure, our acceptance of your order & the completion of the contract between you & us will take place when we have dispatched the goods ordered by you. To cancel your order after it has been dispatched to you, you will need to follow the Returns Procedure.
You will be sent a VAT invoice together with the Goods ordered. If you are sending a gift, the invoice will be sent separately to the card holder’s address.
If you need any information about your order(s), please contact Ochre & Ocre by email, customerservice@ochreandocre.com .
If we are unable to fulfil your order following our order acknowledgement we will contact you by email or telephone advising you of this.
Payment
By providing us with details of the payment card & submitting the order you:
Confirm that the credit or debit card that is being used is yours.
Authorise us to deduct from the payment card account the full price of the Goods & all other payments that may become due to us under the contract.
All credit / debit cardholders are subject to validation checks & authorisation by the card issuer. If the issuer of your payment card refuses to, or does not, for any reason, authorise payment to us, we will not be liable for any delay or non delivery.
The deduction of monies from your payment card, does not mean that we have accepted your order nor does it mean that a contract has been formed between us. In the event that we reject your order, we will credit your payment card with the amount previously deducted, or send you a cheque to the value of the personal cheque received.
Returns
It is really important to us that you are delighted with your order. We care passionately about the products we sell & the service we give.
As Ochre & Ocre are an English company, all our return policies are according to English law.
If for some reason you are not satisfied you should return the product to us, unused, within 7 days of receipt. Please include the invoice note & original packaging. Please indicate on the bottom of the invoice note whether you would like a refund or replacement.
Please take extra care to read the wash care instructions, we cannot accept items for a refund or exchange if the goods are not in perfect condition or it is obvious to us that the goods have been used or washed.
For all returns, except where the item is faulty, you will be required to arrange & pay for the return of the products to us.
If you are returning goods in the UK, they should be returned to:
Ochre & Ocre
Ambleside
Castlemorton
Nr Malvern
Worcestershire
WR13 6DA
Any refunds will be completed within 30 days of the goods being returned to us. We will refund the entire purchase price including the cost of postage.
When returning items you are strongly recommended to obtain proof of posting. We cannot accept responsibility for parcels lost in transit. We will only refund or provide an exchange for the costs of postage where the item returned is faulty.
Sales
Unless the item is faulty, sale items can only be exchanged not refunded. In order to qualify for an exchange, sale items must be returned within 7 days of receipt. Returned goods must be complete, in perfect condition, unused, & with the original packaging.
Your right to cancel
You may normally cancel your order, (once accepted by us), for any reason up to the point of despatch. If you do cancel the contract within this time, any payments made by you will be refunded in full within 30 days. Please inform us in writing, either by letter or email, if you wish to cancel.
Items made to your specification, under our bespoke service cannot be cancelled, once we have received your order, & confirmed the price.
Conformity Of Goods
We take every care to ensure that the description & specification of our products are correct at the time when the relevant information was entered onto the system. However, while the colour reproduction of the products is a close representation, we cannot accept any responsibility for any variation in colour caused by the browser software or computer system used by you.
We do offer a swatch card service, which you can request by emailing customerservice@ochreandocre.com, & advising the contact details where you would like the swatch card to be sent.
Any typographical, clerical or other error or omission on any page of this Website, or in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by us shall be subject to correction without any liability on our part.
The price of the goods shall be the price set out on the relevant page of this Website. This price is inclusive of any applicable value added tax but exclusive of delivery & packaging charges as set out on the order form.
We reserve the right to change the prices set out on this Website at any time. If the price of the goods changes between the date you place your order & the date the order is dispatched, we will let you know & ask you to confirm by email that the new price is acceptable. You will have the option to cancel the order, if you are not happy.
Disclaimer & Limitations of Liability
Ochre & Ocre Limited does not seek to exclude or limit liability for death or personal injury arising from its negligence or that of its members, agents, directors or employees or for any fraudulent misrepresentation.
To the fullest extent permitted by law & save as provided above, neither Ochre & Ocre nor any associated company shall be liable to you by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the contract, or in negligence, (whether on the part of Ochre & Ocre or any of its members, agents, directors, employees or otherwise), for any indirect special or consequential loss or damage (including but not limited to loss of profit or loss of saving), costs, expenses, or other claims for compensation whatsoever which arise out of or in connection with the use of this website, the supply of the products, of their use or resale by you.
The limitations of liability in these conditions shall apply equally for the benefit of Ochre & Ocre limited & any other associated company of Ochre & Ocre Limited as if references to Ochre & Ocre included references to each such associated company.
While Ocre & Ocre uses reasonable endeavours to ensure that the information on this website is accurate & up to date, it does not give any warranty as to its accuracy or completeness & Ochre & Ocre will not be responsible for any errors or omissions or for the results arising from the use of such information.
While Ochre & Ocre takes all reasonable steps to ensure a fast & reliable service, it does not guarantee that your use of this website will be interruption or error free & will not be responsible for any disruption, loss or corruption of any material in transit, or loss of or corruption of material or data when downloaded onto any computer system.
This website contains links to other websites. Ochre & Ocre is not responsible for the privacy practices or content of such websites. Any such links are provided merely as a service to users of this website & their inclusion in this website does not constitute an endorsement by or affiliation with Ochre & Ocre.
The entire liability of Ochre & Ocre under or in connection with any contract for any products to which these conditions apply shall not exceed the price of the products, except as expressly provided in these conditions.
Ochre & Ocre will not be liable to you or be deemed to be in breach of these terms & conditions or any other contract with you by reason of any delay in performing, or any failure to perform, any of its obligations in relation to the products ordered by you if the delay or failure was due to any cause beyond its reasonable control.
Ochre & Ocre may assign or transfer any of its rights or subcontract any of its obligations under these terms & conditions to any third party. You may not assign or transfer any of your rights or subcontract any of your obligations under these terms & conditions except with the specific written permission of Ochre & Ocre.
No person who is a party to these terms & conditions shall have any right to enforce any term under the Contracts(Rights of Third Parties) Act 1999. Nothing in these conditions is intended nor shall affect any of your statutory rights that may not be legally excluded.
Cut Flowers
Although Ochre & Ocre own and operate this site, the cut flower bouquet orders are supplied by our Member Partner. Ochre & Ocre accept orders on the behalf of our Member Partner.
Our Member partner has agreed to be bound by our standard terms and conditions of sale.
Payment can be made through our secure online facility through this site, or over the phone, (08453311277)
Please note that the contents of each bouquet will vary according to seasonal availability. In cases of poor weather conditions, we may have to delay or reject an order, if our Member Partner is unable to pick the flowers.
We will contact you if there is a problem with the order.
All flowers are despatched directly from our Member Partners garden. They are sent on a priority overnight delivery service to arrive at their destination before midday on Tuesday / Wednesday / Thursday or Friday.
There is an extra charge for Saturday deliveries. We are sorry but we cannot accept deliveries for Sundays or Mondays.
We cannot accept orders for cut flower deliveries outside of the UK.
Copyright
We grant you a limited license to access & make personal use of this web site, but not to download(other than page caching) or modify it or any portion of it, except with the express written consent from us.
All content included on the website, such as text, graphics, logos & images belong to us & are protected by United Kingdom & International copyright laws.
Any infringement of these laws will be pursued vigorously.
You may only link to this website with our express written permission. We expressly reserve the right to withdraw our consent at any time to a link that in our sole opinion is inappropriate or controversial.
Our Details
Ochre & Ocre Limited
Ambleside
Castlemorton
Nr Malvern
Worcestershire
WR13 6DA
Company Registration Number 6416582
VAT Registration Number 928 9884 48
