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TERMS AND CONDITIONS
BACKGROUND:
This agreement applies as between you, the User of this Web Site and The Orchid House, the owner(s) of this Web Site. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these Terms and Conditions, you should stop using the Web Site immediately.
No part of this Web Site is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to you indicating that your order has been fulfilled and is on its way to you.
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
| “Carrier” |
means any third party responsible for transporting purchased Goods from our Premises to customers; |
| “Content” |
means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site; |
| “Goods” |
means any products that The Orchid House advertises and / or makes available for sale through this Web Site; |
| “The Orchid House” |
means The Orchid House, 15 Lake Road, Keswick, Cumbria CA12 5BS; |
| “Service” |
means collectively any online facilities, tools, services or information that The Orchid House makes available through the Web Site either now or in the future; |
| “Payment Information” |
means any details required for the purchase of Goods from this Web Site. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes; |
| “Purchase Information” |
means collectively any orders, invoices, dispatch notes, receipts or similar that may be in hard copy or electronic form; |
| “Premises” |
Means our place(s) of business located at The Orchid House, 15 Lake Road, Keswick, Cumbria CA12 5BS; |
| “System” |
means any online communications infrastructure that The Orchid House makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links; |
2. Age Restrictions
Persons under the age of 18 should use this Web Site only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.
3. Business Customers
These Terms and Conditions do not apply to customers buying Goods in the course of business. Please contact The Orchid House by telephone if you are a business customer wishing to make purchases.
4. International Customers
If Goods are being ordered from outside The Orchid House’s country of residence, import duties and taxes may be incurred once your Goods reach their destination. The Orchid House is not responsible for these charges and we undertake to make no calculations or estimates in this regard. If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures. As the purchaser of the Goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported. Please be aware that Goods may be inspected on arrival at port for customs purposes and The Orchid House cannot guarantee that the packaging of your Goods will be free of signs of tampering.
5. Intellectual Property
Subject to the exceptions in Clause 6 of these Terms and Conditions, all Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of The Orchid House, our affiliates or other relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by The Orchid House.
6. Third Party Intellectual Property
Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
You may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Web Site or unless given express written permission to do so by the relevant manufacturer or supplier.
7. Links to Other Web Sites
This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of The Orchid House or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.
8. Links to this Web Site
Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site www.theorchidhouse.net without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of The Orchid House. To find out more please contact us by email at info@theorchidhouse.net or by telephone on 017687 72875.
9. Goods, Pricing and Availability
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9.1
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Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods available from The Orchid House correspond to the actual Goods, The Orchid House is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods, not different Goods altogether. Please refer to Clause 14.1 for incorrect Goods. |
| 9.2 |
Where appropriate, you may be required to select the required [size] [model] [colour] [number] [other features] of the Goods that you are purchasing. |
| 9.3 |
The Orchid House does not represent or warrant that such Goods will be available. Stock indications are not provided on the Web Site |
| 9.4 |
All pricing information on the Web Site is correct at the time of going online. The Orchid House reserves the right to change prices and alter or remove any special offers from time to time and as necessary. |
| 9.5 |
In the event that prices are changed during the period between an order being placed for Goods and The Orchid House processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price;
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| 9.6 |
All prices on the Web Site include VAT. |
10. Delivery
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10.7
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The Orchid House will notify you by way of email when your goods are to be dispatched to you. The message will contain details of estimated delivery times in addition to any reasons for a delay in the delivery of the Goods purchased by you. |
| 10.8 |
If The Orchid House receives no communication from you, within 30 days of delivery, regarding any problems with the Goods, you are deemed to have received the Goods in full working order and with no problems. |
11. Returns Policy
The Orchid House aims to always provide high quality Goods that are fault free and undamaged. On occasion however, goods may need to be returned. Returns are governed by these Terms and Conditions.
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11.9
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If you receive Goods which do not match those that you ordered, unless accompanied by an explanatory note detailing the changes, stating reasons for the changes and setting out your options, you should contact us within 10 days to arrange collection and return. The Orchid House is not responsible for paying shipment costs. You will be given the option to have the Goods replaced with those ordered (if available) or to be refunded through the payment method used by you when purchasing the Goods. Refunds and replacements will be issued upon our receipt of the returned Goods. |
| 11.10 |
If any Goods you have purchased have faults when they are delivered to you, you should contact The Orchid House within 28 days to arrange collection and return. The Orchid House is not responsible for paying shipment costs. Goods must be returned in their original condition with all packaging and documentation. Upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods. |
| 11.11 |
If any Goods develop faults within their warranty period, you are entitled to a repair or replacement under the terms of that warranty. |
| 11.12 |
If Goods are damaged in transit and the damage is apparent on delivery, you should sign the delivery note to the effect that the goods have been damaged. In any event, you should report such damage to The Orchid House within 10 days and arrange collection and return. The Orchid House is not responsible for paying shipment costs. Upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods. |
| 11.13 |
If the Goods have been dispatched or have reached you, but you have changed your mind, please return them to The Orchid House within 10 days of receipt. Goods can only be returned for this reason if their packaging remains unopened and the Goods can be re-sold, as new, without any additional work on the part of The Orchid House. You are responsible for paying shipment costs if Goods are returned for this reason. |
| 11.14 |
If you wish to return Goods to The Orchid House for any of the above reasons, please contact us using the details on the contact page to make the appropriate arrangements. |
| 11.15 |
The Orchid House reserves the right to exercise discretion with respect to any returns under these Terms and Conditions. Factors which may be taken into account in the exercise of this discretion include, but are not limited to: |
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11.15.1
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Any use or enjoyment that you may have already had out of the Goods;
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| 11.15.2 |
Any characteristics of the Goods which may cause them to deteriorate or expire rapidly; |
| 11.15.3 |
The fact that the Goods consist of audio or video recordings or computer software and that the packaging has been opened; |
| 11.15.4 |
Any discounts that may have formed part of the purchase price of the Goods to reflect any lack of quality made known to the Customer at the time of purchase. Such discretion to be exercised only within the confines of the law. |
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12. Disclaimers
| 12.16 |
The Orchid House makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services. |
| 12.17 |
No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind. |
| 12.18 |
No part of this Web Site is intended to constitute a contractual offer capable of acceptance. |
13. Changes to the Service and these Terms and Conditions
The Orchid House reserves the right to change the Web Site, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Web Site following the changes. If The Orchid House is required to make any changes to Terms and Conditions relating to sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
14. Availability of the Web Site
The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
The Orchid House accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
15. Limitation of Liability
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15.19
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To the maximum extent permitted by law, The Orchid House accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk. |
| 15.20 |
Nothing in these Terms and Conditions excludes or restricts The Orchid House’s liability for death or personal injury resulting from any negligence or fraud on the part of The Orchid House. |
| 15.21 |
Nothing in these Terms and Conditions excludes or restricts The Orchid House’s liability for any direct or indirect loss or damage arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the Web Site. |
| 15.22 |
Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal. |
16. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
17. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
18. Notices
All notices / communications shall be given to us either by post to our Premises (see address above) or by email to 017687 72875. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
19. Law and Jurisdiction
These terms and conditions and the relationship between you and The Orchid House shall be governed by and construed in accordance with the Law of England and Wales and The Orchid House and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
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