TERMS AND CONDITIONS OF SALE
In the following conditions, the “Seller” means The Ochre House Ltd, and the “Buyer” means the person buying the product from the “Seller”. These conditions shall apply to all contracts unless expressly varied in writing by the seller. Any inconsistencies to the seller’s terms, offered on behalf of the buyer shall be assumed to be void unless accepted by the seller, in writing. Payment
of deposit, or email confirmation is deemed to be acceptance of the contract as set out in these terms and conditions.
1. PRO-FORMA ORDERS
Orders will be accepted and dealt with by payment made upon Pro-forma Invoicing. Pro-forma invoices are valid for 21 days, goods should be re-ordered after that time, if still required.
2.1 A 50% deposit is required before the order can be processed. Full balance must be paid in cleared funds 10 working days prior to the scheduled delivery or collection date.
2.2 Payment is preferred by bank transfer to the following account: HSBC Bank; S/C: 40 - 22 - 26 Account: 33932613
2.3 Credit card companies charge the seller a fee when the buyer makes payment and therefore a credit card fee is applied by the seller to products purchased by credit card.
2.4 Orders for export outside the EU require proof of shipment, which is the buyer's responsibility to provide to the seller. If this is not provided within 1 calendar month of delivery or collection, the seller will invoice the buyer for the VAT amount, which will become payable immediately.
3. DELIVERY & COLLECTION
3.1 Any delivery or collection date quoted is a genuine estimate and shall not be legally binding on the Seller.
3.2 Time of delivery or collection shall not be the essence of the contract. The seller will not be liable for any direct or indirect loss of profits or other financial loss or damage suffered by the buyer through any delay due to unforeseen circumstances outside of the control of the Seller or delay due to any rescheduling of delivery or collection.
3.3 In the event of the seller being unable to supply goods subsequently to receiving an order, the seller shall not be liable for any incidental or consequential losses arising (This includes pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss, costs, damages, charges or expenses caused directly or indirectly).
3.4 It is the buyer’s responsibility to ensure items purchased can fit through internal and external access points including any passages, stairwells, landings and doorways on the way to the destination room. The Seller offers an Access Check service (a chargeable service) which will confirm if the items ordered can fit through the internal and external access points. If an Access
Check is refused by the buyer, the seller holds no liability for items not fitting in the premises. Any rework or restocking fees will therefore be payable by the buyer.
3.5 For delivery purposes the seller can manufacture furniture for assembly on site in case there is restricted access to the buyer’s premises. It is vital however that the buyer give the seller this information when placing the order as later changes to the design are chargeable.
3.6 Every effort will be made to ensure that the goods ordered by the buyer arrive undamaged and without defect. Upon delivery or collection the buyer must sign the delivery/collection note. It is the buyer’s responsibility to check the items to ensure the goods delivered or collected are as ordered, the correct quantity and that they are of satisfactory quality. In the event of any discrepancy
whatsoever, the buyer must notify the seller immediately upon delivery or collection by writing the discrepancy on the delivery note. Unfortunately writing “unexamined” or “unchecked” will not be acceptable. If the item is damaged please retain the packaging. All claims for loss or damage must
be made before the end of the next working day. In all events the limits of liability for any fault or defect shall not exceed the purchase price of the item.
3.7 Our delivery team will unpack your furniture, install it in the room of your choice and if you wish we will remove all packing materials from your home and recycle wherever possible. We are not able to take away your old furniture.
3.8 If the seller is unable, for whatever reason, to deliver the goods on the confirmed delivery date, the seller reserves the right to charge the buyer further for any subsequent deliveries.
4.1 Other than all made to order items (including Bespoke and Standard Bespoke), the buyer is able to return goods within 14 days of delivery/collection provided the goods are properly packed and returned in the same condition supplied. Damaged goods cannot be accepted.
4.2 Returned items will be subject to restocking fees detailed in section 9.
4.3 Mattresses that have been removed from the original packaging cannot be returned.
4.4 The seller will only pay the cost of return carriage where the goods are deemed faulty or supplied in error.
4.5 If the buyer returns the goods and upon examination the seller finds that there is a discrepancy in the reason for return, then the seller reserves the right to refuse the credit.
4.6 The seller reserves the right of discretion, to accept/or refuse the return of any goods supplied.
4.7 Refunds, exchanges or credit notes are not available for items sold on a promotional sale, special offer, bespoke items or items that are stated as “sold as seen”.
4.8 If a fault is discovered after the goods have been exported out of the UK by the buyer, it is the buyer's responsibility to return the goods to the UK at the buyers cost for inspection. If a repair or replacement is produced by the seller, it will only be delivered to a UK destination. If the buyer then wishes for the goods to be exported, it will be the buyer’s responsibility to do this at the buyer's cost. For export orders, it is therefore recommended that inspection takes place in the UK prior to shipment.
TERMS AND CONDITIONS OF SALE (Cont’d)
5.1 The seller guarantees the wooden frames of all manufactured furniture for 15 years and 2 years for handmade soft furnishings and case goods from the date of delivery. The guarantee excludes normal wear and tear, any fillings, fabrics, legs and mechanisms. This guarantee is given in addition to and not in substitution of your statutory rights.
5.2 The seller will only replace like for like, the buyer cannot change any of the sizes, fillings or fabric.
6. RISK AND TITLE
6.1 Risk of the goods shall pass to the buyer on delivery but goods shall remain the seller's property until the goods are paid for in full. In the case of payment by cheque, this will be when the funds have cleared the seller's account.
6.2 Until you become the owner of the goods you shall not sell the goods or part with possession of the goods.
6.3 The seller may, for the purpose of recovery, enter any premises where the goods are stored for the reason of repossession.
7. BESPOKE ORDERS
7.1 Acceptance of bespoke design must be confirmed in writing by the buyer, prior to the production of furniture. If the buyer is providing the seller with an image, the seller cannot guarantee an exact match unless the seller is provided complete technical drawings. Drawings produced by the seller for signing off will be chargeable.
7.2 Slight differences in dimensions may occur due to the materials within the build. If the furniture has to fit in a specific space please let the seller know at the time of ordering.
7.3 Once the seller has confirmed an order any changes will be chargeable to the buyer. Any changes at this stage may affect both the cost of the item and the delivery schedule.
7.4 Products are all made to order so can only be returned if faulty.
8.1 In the event that you cancel an order, you will be responsible for all the costs incurred by the seller up to the point of cancellation.
8.2 All cancellations must be notified in writing.
9. CANCELLATION OF ONLINE ORDERS
The following applies to orders placed and paid for directly through the seller’s website: Under the Consumer Contracts Regulations of 2013, the buyer is entitled to cancel the order, within 14 days of delivery. This is the statutory cooling off period. After this period has expired there is no right to cancel. The statutory cooling off period is not applicable for bespoke items. The cooling off
period is also not applicable when, for example, a mattress has been taken out of its sealed packaging.
A restocking fee is payable for any returned items, this may vary from 25% - 100% of the invoice value. Bespoke items are unique items made to customer specification, hence these always carry a 100% charge and are non-refundable.
Every effort is made by the seller to offer the highest possible standard of service. The contract between us shall be governed by the laws of England and any dispute between us will be resolved exclusively in the courts of England. English is the only language offered for the conclusion of the contract.
Any excess fabric supplied by the seller or provided by the buyer cannot be returned to the buyer.
Advice and Guarantee
12.1 The seller reserves the right to reject any fabric supplied by the buyer, if deemed to be unsuitable for production. It is the buyer’s responsibility to provide the agreed quantity required.
12.2 Any fabric supplied by the buyer must meet British Fire regulations. The buyer must provide a fire retardant certificate for any such fabric supplied before production can commence.
12.3 If treatment is not possible, the seller can provide a barrier cloth inter-liner for the seller to utilise in the production process (depending on the location of use) if required. This service is chargeable.
12.4 If the seller is supplying the fabric to be used in manufacture, it is the buyer’s responsibility to look after it as per the manufacturers guidelines as normal wear or tear is not warrantied.
12.5 It is the buyer's responsibility to ensure the fabric is suitable for the use for which it is intended.
12.6 Some fabrics (such as silks and velvets) and leathers can be marked by the slightest touch. As all our furniture is handmade, the handling of fabric is unavoidable and therefore the seller cannot accept any responsibility or liability for the condition of these fabrics when used during manufacture.
12.7 As leather is a natural product, some of the hides may show natural marks or scars. Depending on the supplier, variation of both texture and colour may occur when compared to the sample the buyer selects. The seller cannot be held responsibility for such markings that are visible on the final product. Sizes of hides may vary due to the nature of the product, this may result in additional costs, which will be advised on receipt of hides from the supplier.
The statutory rights of the buyer are not affected by these terms and conditions.