Terms and Conditions
The UKs Premier Online Interior Design Store- now for the technical stuff...!
here we have all our legal terms and conditions for trading.
This is the area of the site where we need to get very serious and make sure that all our legal terms and conditions for trading are covered and easy for you to understand – not always that simple with legal jargon but we’ll do our best!
what are these terms and conditions all about?
These Terms and Conditions [The Conditions] are the contractual agreement made between you [The User] and occa-home in relation to your use of the www.occa-home.co.uk website [The Website] only.
who is occa-home.co.uk?
www.occa-home.co.uk is an online retail division of occa design consultancy ltd which is a registered limited company. This Website is wholly owned by occa-design consultancy ltd whose registered address is:36 Speirs WharfGlasgowG4 9TG
Registered at Companies House: 377416
VAT No: 989 9349 22
www.occa-home.co.uk, occa-home, occa-design and occa-design consultancy ltd are one in the same company for the purposes of these Conditions.
why do I need to read these Terms & Conditions?
By placing an order on the www.occa-home.co.uk Website you [the User] are deemed to have read and understood these Terms and Conditions [The Conditions] as well as our How To Order, UK Delivery, Returns and International Shipping policies [which are incorporated within these Conditions]. These are the rules that we do business by and you need to be sure that you understand them before you enter into business with us or buy anything from The Website.
However just when you’ve managed to read through all of these Conditions, we need to let you know that the Terms and Conditions can change from time to time and it is advisable for you to check them over before ordering. If there is anything that you don’t agree with or want to be committed to in these Terms and Conditions, then you should not use The Website or place any orders through it.
Our customer service department can be contacted at firstname.lastname@example.org and are available to answer any queries you may have.
how are these Terms and Conditions governed?
These Terms and Conditions and your use of our Website are governed by English law and you agree to submit to the non-exclusive jurisdiction of the English court. This does not affect your non-excludable statutory rights.
This Website and our Terms and Conditions have been designed for use within the United Kingdom and under UK law. Whilst we are happy to provide products to customers outside the United Kingdom, we give no warranty, express or implied that the use of this Website or the placing of any order through this Website from outside the UK complies with any applicable non-UK laws or regulations. Accordingly, any products or promotions not permitted under your local law are not offered to you.
what do I need to know about this contract between me and occa-home?
You are provided with access to this Website in accordance with these Conditions and any orders placed by you must be placed strictly in accordance with these Conditions.
In making a purchase from www.occa-home.co.uk you are entering into a contract with occa design co ltd for the supply of goods. You also undertake that all goods ordered by you are for your own personal and domestic use and are not for re-sale. The products sold on occa-home.co.uk are provided for private domestic and consumer use only. Accordingly, we do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of The Site or for any products or services purchased from occa-home.co.uk.
You need to be eighteen years old or older to use this Website. If you are under eighteen, you can only use this Website with the agreement of, and under the supervision of, a parent or guardian. If you are under eighteen, please do not use this Site.
You also must warrant that the credit or debit card you are using is your own and that there are sufficient funds in your account to cover payment of the product(s) ordered.
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.
Occa Design Co. Ltd reserve the right to end our agreement with you and to suspend or terminate your access to The Website immediately and without notice to you if:-
- you fail to make payment to us when due
- you breach any of our terms and conditions
- when requested by us to do so, you fail to provide within a reasonable time frame, enough information to let us to check the accuracy and validity of any information supplied by you, or your identity
- we suspect you have engaged, or are about to engage, or have way of being involved in fraudulent or illegal activity on The Website
The Website can only be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding The Website and any transactions conducted on or through The Website.
We will never ask for personal details via email. If you receive an unsolicited email asking you for your occa-home log in details or any other such information, please contact our Customer Service team on 0845 879 4258 immediately.
what happens when I place an order?
By placing an order on the occa-home Website you are making an offer to occa design co ltd to purchase the goods detailed in your order upon the terms described in your order.
Once you have placed an order we will send you an Order Confirmation email. This is not a confirmation that your offer to purchase the goods has been accepted, but confirmation from us to you of your request. You will receive a second email when the order has been accepted and loaded into our warehouse system. At that stage your credit or debit card will be debited. You will receive a third email when the goods have been dispatched from our warehouse. The contract between you and occa design co ltd for the sale of our products will exist once we have accepted your order and taken payment.
so what happens if I break any of these promises that I am contracted to?
You agree that if you break these Conditions, or any liabilities are incurred arising out of your use of this Website, you will be responsible for the costs and expenses that we or our officers, directors, employees, agents and suppliers incur as a result of the breach, including reasonable legal fees [if applicable]. You will remain liable if someone else uses your shopping account and/or personal information unless you can prove that such use was fraudulent.
what liabilities and rights does occa-home have in this contract?
While we will use reasonable endeavours to verify the accuracy of any information we place on The Website, we make no warranties, whether express or implied in relation to its accuracy. The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through The Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
We reserve the right to modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or change The Conditions from time to time, and your continued use of The Website (or any part thereof) following such change shall be deemed to be your acceptance of such change.
It is your responsibility to check regularly to determine whether The Conditions have been changed. If you do not agree to any change to The Conditions then you must immediately stop using The Website.
We also reserve the right to refuse you access to The Website if this is considered necessary and in the interests of occa-home.co.uk or occa design co ltd.
We make no warranty that The Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that The Website or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy and reliability of The Website. We will not be responsible or liable to you for any disruption, loss of content, or corruption of any material in transit, or loss of or corruption of material or data when downloaded onto any computer system.
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights.
We will not be liable, in contract, tort, [including, without limitation, negligence] pre-contract or other representations [other than fraudulent or negligent misrepresentations] or otherwise out of or in connection with The Conditions for:
- any economic losses [including without limitation loss of revenues, profits, contracts, business or anticipated savings]; or
- any loss of goodwill or reputation; or
- any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under The Conditions.
Nothing in The Conditions will exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of The Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing The Website using your shopping account and/or your Personal Information.occa-home.co.uk
Occa-home.co.uk will not be responsible or liable for your use of any other websites which you may access via links within this Website. You should be aware that we do not control these websites and are not responsible for their content. Any such links are provided simply as a service to users of this Website and their inclusion in our Website does not constitute an endorsement by or affiliation with occa-home.co.uk
The entire liability of occa-home.co.uk 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.
Occa-home.co.uk will not be liable to you or be deemed to be in breach of these terms and 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.
Occa-home.co.uk may assign or transfer any of its rights or sub contract any of its obligations under these Terms and Conditions to any third party. You may not assign or transfer any of your rights or sub contract any of your obligations under these Terms and Conditions except with the specific permission in writing of occa-home.co.uk
No person who is not a party to The 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.
The limitations of liability in these Conditions shall apply equally for the benefit of occa-home.co.uk and any other associated company of occa-design co ltd as if references to occa-home.co.uk included references to each such associated company.
so what if something in these Terms and Conditions isn't supported by law?
This clause is sometimes called Survival or Compliance but basically, if in the unlikely event, any part or provision of these Conditions becomes void or unenforceable, it does not mean that the whole contract is unenforceable. It means that all the other parts or clauses within the Conditions will be construed as severable [i.e. separately applying] and surviving.
what if the products I receive aren't what I was expecting or arrive late?
We work hard to make sure that the description and specification of our products are correct and accurate as possible. However, specifications and descriptions of products on this Website are not intended to be binding and are intended only to give a general description of the products. While the colour reproduction, material description and dimensions of the products are a close representation, we cannot accept any responsibility for any variation in size or material nor colour caused by the browser software, monitor colour contrasts or computer system used by you – that said we do have a great refund policy and as long as you return your goods to us in line with our Returns Policy [which is incorporated within these Conditions] you will receive your money back.
Whist we will make every effort to deliver within the time stated on our Website, we will not be liable for any loss caused to you by late delivery. Please contact us at email@example.com as soon as possible if you do not receive your goods within the expected time. We will endeavour to get your goods to you as soon as possible or you may cancel your order. You will be refunded once the goods have been returned to us in line with our Returns Policy [which forms part of these Conditions] or classified as lost by the Carrier company.
We will attempt to deliver your order to the delivery address stated on your order form. If products are returned to us as undeliverable either because of an incorrect address or because of customer failure to contact the courier company or collect the goods from the depot where requested, we will refund the price of the products less delivery costs incurred by us in sending out the goods plus any additional costs charged to us by the courier company for returning the goods to us.
what if I want to cancel my order?
We want you to be completely delighted with your purchases from occa-home and are happy to support your right to cancellation and refunds.
occa-home is happy to provide a 30 day money back guarantee [see our Returns Policy for further information].
The United Kingdom's Distance Selling Regulations 2000 provide you with a right to cancel your order for products at any time up to the end of the seventh working day following the day after the day on which you received the products. You do not need to give us any reason for cancellation. Additionally you have the right to receive a refund in full, including any associated delivery charges.
If you wish to cancel your order, please email us at firstname.lastname@example.org
Where goods have already been despatched, they must be returned in line with our Returns Policy [which forms part of these Conditions]. Upon receipt of the goods as described, occa-home will credit you with the purchase price [less any delivery and handling charges that may be applicable] within 30 days.
how do you protect my personal data and credit card details?
We take your privacy and security very seriously. The Website is built using state of the art encryption software and a secure server to protect you and the information you give us. We adhere to the requirements of the UK Data Protection Legislation [The Data Protection Act 1988]
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, in an encrypted, safe environment. We work only with reputable banks and third parties to process your order who also adhere to the requirements of the UK Data Protection Legislation [The Data Protection Act 1988]
If your credit/debit card is used fraudulently as a direct result of being used to buy from The Website and this has not been picked up by our security measures, then we will assume liability for the first £50 of your loss. Your credit card company is obligated to take responsibility for the rest. We will use our reasonable endeavours to work with your credit card company and reduce any inconvenience for you.
In the absence of negligence on our part however we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.
We have taken every measure to prevent Internet Fraud, however, we cannot be held liable for any in the extremely unlikely event of a breach in our secure computer servers and any associated loss or consequential damage you may incur.
how do you protect your own company copyrights and trademarks?
All rights in the designs, intellectual property and information on our Website are owned by us. These are protected, as appropriate, by copyright, trademarks and other intellectual property rights. You may only view, reproduce or print the materials on this Website for the purpose of ordering goods from us and as authorised below.
The contents of these pages (including pictures, designs, logos, photographs, text written and other materials) are the copyright trademarks or registered trademarks of occa design co ltd or its suppliers or content and technology providers or their respective owners. ALL RIGHTS RESERVED.
You agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may (if necessary to make a Purchase) download such material and content onto only one computer hard drive for such purpose.
The copying, modification, distribution, reproduction, or incorporation into any other work of part or all of the material available on this Website in any form is prohibited save that you may:
Copy, print (one copy only) or download extracts of the material on this Website for the sole purpose of using this Website in good faith for domestic purposes or placing an order with occa design co ltd and
Copy print (one copy only) or download the material on this Website for the purpose of sending to individual third parties for their personal information provided that you do seek no commercial advantage or benefit from so doing and you acknowledge us as the source of the material and that you inform the third party that these conditions apply to them and that they must comply with them.
Any other use of the material and content of the Website is strictly prohibited. You agree not to [and agree not to assist or facilitate any third party to] copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.