Online Christmas Fair (OCF)
WEBSITE TERMS AND CONDITIONS OF SALE
- About Us
This website is owned and operated by Polly Horton The Online Christmas Fair (“OCF”) from an office at Turnpike, Great Witley, Worcs WR6 6JQ England.
These terms will apply to any contract for the sale of products to you. You should print a copy of these terms and conditions or save them to your computer for future reference.
By ticking the box on a OCF Site prior to placing your order with us which says 'I Accept the Terms and Conditions of Sale' or by placing an order over the telephone with our customer services team, you are agreeing to be bound by these terms. If you do not accept these terms and conditions, then please do not use the OCF Sites or order any products from us.
We may amend these terms from time to time in accordance with section 15. Every time you wish to order products, please check these terms to ensure that you understand the terms that will apply at that time.
If you have any questions about these terms please contact our customer services team (please see section 18). If you need advice as to your legal rights, advice is available from your local Citizens’ Advice Bureau or Trading Standards Office.
- OCF Products
When you place an order for a product being sold by an OCF Brand:
- the legal contract is made between you and the relevant OCF Brand;
- these conditions apply to such contracts and all references in these Conditions to 'we' 'us' or 'our' shall be deemed to refer to the relevant OCF Brand in that context;
- you should also refer to any specific terms and product descriptions noted on the OCF Brand’s page;
- OCF Brand products can only be delivered within the UK;
- OCF act as the OCF Brand's payment service provider and you authorise OCF to process payment on behalf of the OCF Brand;
- Although the OCF team will aim to assist you with any issues you may have, to the fullest extent permitted by law OCF has no responsibility to you in respect of contracts made with OCF Brands; and
- OCF hereby disclaims to the fullest extent permitted by law any express or implied warranties in respect of the products sold by OCF Brands and cannot give any undertaking that goods you purchase from OCF Brands will be of satisfactory quality. This disclaimer does not affect your statutory rights against the OCF Brand.
2. PRODUCT IMAGES
The images of products shown on the OCF Sites are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the actual colours of the products. The product you receive may vary slightly in colour from the image on your screen.
3. YOUR STATUS
- You may only place an order through a OCF Site or over the telephone with our customer services team if:
- you are legally capable of entering into binding contracts;
- you are at least 18 years old; and
- you are a consumer (this means that you are an individual purchasing the products outside the course of your business or trade).
- You confirm and agree that all products you order are for your own private and domestic use and are not for resale.
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
- Our order process allows you to check and amend any errors before submitting your order. Please ensure that you have checked your order at each page of the order process. Please note, once you have placed an order with us, we are unable to amend it.
- Once you have placed an order for Products, we will send you confirmation that your order has been received (sent to the email address that you have provided when placing your order). This is not confirmation that your order has been accepted. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you a further email that confirms that we have accepted your order (the “Order Acceptance”). The contract between us (the “Contract”) will only be formed when we send you the Order Acceptance.
- If our Brands are unable to supply you with a product you have ordered, for example, if the product is out of stock or because of an error in the price on our website or inability to authorise your payment, we will inform you of this by email or telephone and the Contract will terminate. If you have already paid for the products, we will refund you the full amount as soon as possible.
5. CANCELLATION RIGHTS
- As a consumer, you have a legal right to cancel a Contract with us under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. Your right to cancel a Contract begins on the date you place your order and ends 14 calendar days from the day after you receive the product you have ordered. Please note that there are some exclusions to this right, please see section 7 below.
- To cancel a Contract, please notify us during the time period specified in section 5.1. You may either complete the Cancellation Form which you may submit to us at the contact details provided in section 18 or you can cancel a Contract by emailing us at email@example.com. Please include details of your order to help us identify it. We will send you an email to confirm we have received your notification of cancellation. Where you are cancelling a Contract with an OCF Brand we will pass on your notification to them.
- If we have already dispatched the product before you decide to cancel your Contract, you must return it to us as soon as possible and, in any event, within 30 calendar days of cancellation as follows:
- Where the product was sold by an OCF Brand, you should return it to the returns address noted on your returns slip or on the relevant OCF Brand’s page at www.onlinechristmasfair.com.
- If you return a product by post, you will need to pay the costs of returning the product and obtain proof of posting. Please enclose the delivery note provided in your original parcel and complete the relevant sections for a refund.
- We will process your refund as soon as possible. If we have dispatched the product before you cancel the Contract, we will process your refund within 30 calendar days after the day on which we receive the product back. If we have not yet dispatched the product before you cancel the Contract, we will process your refund within 30 calendar days of your cancellation.
- If you only cancel the Contract in respect of some but not all of the products in an order, you will not be entitled to a refund of the delivery charge as our delivery charges are charged at a flat rate per order and not by weight.
- Products must be returned in their original condition. We may reduce any refund due to you to reflect any reduction in the value of the product due to how you have handled it.
6. GOODWILL RETURNS AND REFUNDS
- In addition to your right to cancel a Contract as set out in section 5 above, we also offer a goodwill returns policy as set out in this section 6. There are some exclusions to this goodwill policy, please see section 7 below.
- If you are not completely happy with any product that you have ordered from us, you may return it to us in its original condition at any time within 30 calendars days from the date of receipt.
- Please note that we cannot be held responsible for any items which fail to reach us or for delays in your return reaching our warehouse. We recommend that overseas customers send their parcels via a registered trackable service and obtain a proof of receipt.
- We will endeavour to process your refund within 10 Working Days of receiving the product back. For the purposes of this agreement, a Working Day is any day other than a weekend or bank holiday.
- If you have purchased products as part of an offer or discount, the amount refunded will be adjusted accordingly to reflect any failure to meet the original requirements for the offer or discount as a result of returning the product.
- Products must be returned in their original condition. We may reduce any refund due to you to reflect any reduction in the value of the product due to how you have handled it.
7. EXCLUSIONS FROM CANCELLATION RIGHTS AND GOODWILL RETURNS
- Please note that we are unable to accept the return of certain products, as set out in the Consumer Contract Regulations 2013, including:
- items which cannot be returned for health and hygiene reasons (e.g. swimwear, underwear, earrings, toiletries or face covering products) unless they are returned to us unused and in a fully resalable condition with all hygienic seals in place and unbroken;
- items which are personalised or made to your specification;
- products which are liable to deteriorate or expire rapidly
Please note that your right to return a product in accordance with section 8 (Defective Products) below is not affected if the product is faulty or misdescribed
8. DEFECTIVE PRODUCTS
- If you think that a product is defective or mis-described, please contact our Customer Service Team by using our Contact Details (please see section 18). One of our Customer Service Team will be able to advise you on how to return your goods.
- All returns for potentially defective products will be examined once they have been received by us (or our OCF Brand if the product was fulfilled by them) and we will notify you if you are entitled to a refund via email within a reasonable period of time. We will usually process any refund due to you as soon as possible and, in any case, within 30 calendar days of the day we notified you via email that you were entitled to a refund for these products. If it is the case that we notified you that you are entitled to a refund, you will receive a full refund of the price paid for the product, the original delivery charges and the cost of returning the product to us.
- We will usually refund any money due to you using the same method originally used by you to pay for your purchase, subject to the provisions set out in sections 5 and 6 regarding when a gift card will be provided instead.
- OCF Brand products cannot be returned to or collected directly via OCF and must be returned by post to the individual OCF Brand.
- Delivery will take place within 15 calendar days of the date of the order acceptance, save for pre-orders and personalised items, items made to your specification (where a longer lead time is required) or where a longer period is agreed between us. We will endeavour to fulfil your order by this estimated delivery date but we cannot guarantee this.
- If we do not deliver your product within these 15 calendar days or within the other time period agreed between us, you may cancel your order by contacting us using our Contact Details (please see section 18).
- If you provide to us any instructions relating to the delivery of your order (including, without limitation, instructions to leave the products in a particular place, outhouse or with a neighbour), you are responsible for ensuring the accuracy of these instructions and we shall not be liable to you in relation to any loss of or damage to the product resulting from our following of your instructions.
- Delivery will be complete when we deliver the product to the address you gave us or in accordance with your other instructions.
- You will own the product once delivery is complete.
- For orders including OCF Brand products you may be charged for each individual consignment. Delivery times may vary for each OCF Brand – please see the relevant OCF Brand’s page.
11. INTERNATIONAL DELIVERY
- We do not currently offer international shipping.
12. WARRANTY & LIABILITY
- We warrant to you that any product purchased from us will be, for a period of 6 months from the date of delivery, of satisfactory quality, free from material defects and reasonably fit for all the purposes for which products of the kind are commonly supplied.
- We will not be liable for any defect in the product arising from fair wear and tear, failure by you to follow specific care instructions, wilful damage, abnormal storage, accident, negligence by you or any third party or any alteration or repair made by you or a third party.
- Our liability for losses you suffer as a result of us breaking these terms is limited to the purchase price of the product you purchased and any losses which are a foreseeable consequence of us breaking these terms. Losses are foreseeable if they are an obvious consequence of our breach or they were contemplated by you and us at the time the Contract was formed.
- We do not exclude or limit in any way our liability: (a) for death or personal injury caused by our negligence; (b) under section 2(3) of the Consumer Protection Act 1987; (c) for breach of the terms implied by sections 12 to 15 of the Sale of Goods Act 1979; (d) for fraud or fraudulent misrepresentation; or (e) for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
- We only supply products for domestic and private use and you agree not to use any products for commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
13. PRICE AND PAYMENT
- The prices of the products will be as quoted on the OCF Sites and/or in our catalogue from time to time at the time you place your order. However, please see section 13.4 for what happens if we discover an error in the price of any product you order.
- These prices include (where applicable) VAT at the prevailing rate but exclude delivery costs, which will be added to the total amount due as set out in our Delivery Guide. Please also see section 11.2.
- We may change our prices at any time but changes will not affect any order in respect of which we have already sent you an order acceptance.
- The OCF Site contains a large number of products and it is always possible that, despite our efforts, some of the products listed on the OCF Sites or in our catalogues may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that, where a product's correct price is less than our stated price, we will charge the lower amount when dispatching the product to you. If a product's correct price is higher than the price stated on our site or in our catalogue, we will contact you to inform you of the error and give you the option of either continuing your purchase of the product at the correct price or cancelling your order. If we are unable to contact you using the details you provided during the order process, we will treat your order as having been cancelled and will notify you in writing.
- We are under no obligation to provide any product to you at an incorrect (lower) price if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
- Payment for all products must be by credit card, debit card, Shopify Pay, Google Pay or Apple Pay. We accept Visa, Mastercard, American Express and Maestro.
- Online payments will be made within a secure environment. We use the latest encryption technology (SSL) to ensure that your transactions with us are private and protected. When you proceed to make your purchase, your browser makes a connection to the secure section of our website. Your browser will show a padlock in the browser window frame and the website address will begin with “https://” to indicate that it has made a secure connection. Our payment system also complies with the Payment Card Industry Data Security Standard. We may provide details of your IP address, device attributes and payment method to third party fraud prevention companies to detect and prevent fraud and suspicious account activity. Your bank may request additional verification or screening by an independent fraud prevention service, you will be prompted to take the appropriate action as part of the payment process. We may contact you for additional security purposes should we deem this necessary.
- We require payment for products and any delivery charges in advance of delivery. Upon receiving your order we carry out a standard pre-authorisation check on your payment method to ensure there are sufficient funds to fulfil the transaction. We will take payment from your provided payment method when you submit your order.
- Gift cards can only be used to purchase OCF items (OCF Brand products are excluded).
14. CHANGES TO THESE TERMS AND CONDITIONS
- We may amend these terms and conditions from time to time to reflect changes in relevant laws and regulatory requirements, market conditions, technology, payment methods or our system’s capabilities. The date at the top of this page will be amended each time these terms are updated.
- Each time you order products from us, the terms in force at the time of your order will apply to the Contract between us.
15. OTHER IMPORTANT TERMS
- We may transfer our rights or obligations arising under a Contract to another organisation but this will not affect your rights and obligations under these Terms.
- You may not transfer your rights or obligations arising under a Contract without our prior written consent.
- This Contract is between you and us. Other than in the case of a warranty which has transferred under section 16.2, no other person shall have any right to enforce any of its terms.
- If we do not insist upon strict performance of any of your obligations under these terms or if we do not enforce any of our rights against you, this shall not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations.
- Each of the sections in these terms operates separately. If any court decides that any of them are unlawful or unenforceable, the remaining sections will continue in full force and effect.
16. CONTACT DETAILS AND COMMUNICATIONS
- If you have any questions, comments or requests regarding these terms of sale, the OCF Sites or our products, please email us at: firstname.lastname@example.org -or drop us a line via our Contact Us form. We will endeavour to respond as quickly as we can but you may experience a delay in our response time due to severely reduced staffing levels. Alternatively, you can write to us at: Customer Services Team, OCF, Turnpike, Camp Lane, Great Witley, Worcs WR6 6JQ
- Where these terms refer to or require us to contact you in writing, you agree that this includes by email. We may email you using the email address you provide to us when you place your order.
- We hope that all our customers have an enjoyable experience when shopping with us through all our channels. However, we realise that sometimes things can go wrong and that may mean a customer will want to complain. If you have a complaint, please contact us via our contact details set out above. We will send an acknowledgement as soon as we receive any complaint and aim to resolve any issues within 72 hours.
- Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform, which you can find here https://ec.europa.eu/consumers/odr/.
17. LAW AND JURISDICTION
These terms and any claim or dispute arising in relation to a Contract will be governed by English law. You and we agree that the courts of England and Wales shall have non-exclusive jurisdiction to settle any such claim or dispute.