ShippinG, Returns, TERMS & CONDITIONS
We have shipping tiers dependent on delivery destination and product size/weight, all methods require a signature on receipt.
UK Standard Rate (3-5 Days) £4.50, small items including plant hangers, and pots
EUROPE Standard Delivery (5-7 Days) £8.00, small items
WORLDWIDE (ZONE 1 -USA) Standard Delivery (5-7 Days - dependent on customs clearance) £12.00, small items
WORLDWIDE (ZONE 2 - EVERYWHERE ELSE) Standard Delivery (7-10 Days - dependent on customs clearance) £13.00, small items
UK Standard Rate (3-5 Days) £15, medium items, £30 large items
Please note: All items are hand made to order. Delivery dates can be confirmed via email.
Please contact email@example.com for further information or if you need the item for a particular date.
By placing an order and purchasing goods from Heather Orr you enter into a legally binding agreement with us on the following Conditions. You should read and understand these Conditions because they affect your rights and liabilities.
We reserve the right, at our discretion, to change, modify, add, or remove portions of these Conditions at any time. Please check these Conditions periodically for changes.
BASIS OF SALE
- No Order submitted by you shall be deemed to be accepted by us unless and until confirmed by e-mail or in writing by us.
-No variation to these Conditions shall be binding upon us unless and until agreed by email or in writing by us.
-Any advice or recommendation given on this website or otherwise given by us or any of our employees or agents to you as to the storage, application or use of the Goods is followed or acted upon entirely at your own risk, and accordingly we shall not be liable for any such advice or recommendation.
- 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 quantity, quality and description of the Goods will be those set out in your order (if accepted by us).
- Orders are accepted at our sole discretion but are normally accepted if the Goods are available, the order reflects current pricing, you are based in the Delivery Area and your credit or account card is authorised for the transaction.
- Heather Orr is entitled to withdraw from any contract in the case of obvious errors or inaccuracies regarding the Goods appearing on our website.
- You shall be responsible for ensuring the accuracy of the terms of any Order submitted by you, and for giving us any necessary information relating to the Goods within a sufficient time to enable us to perform the Contract in accordance with its terms.
- The quantity, quality and description of and any specification for the Goods shall be those set out in the relevant pages of this site.
- The price of the Goods shall be the price set out on the relevant page of this site. We reserve the right to change the prices set out on this site provided that if we accept an order from you the price for the goods will be the price set out in the relevant range at the time the order is placed.
- If the price of the Goods increases between the date we accept your Order and the delivery date, we will let you know and ask you to confirm [by e-mail/in writing] that the new price is acceptable. If it is not acceptable then you will, of course, have the option of cancelling the order.
- In addition to the price of the Goods you will be liable to pay our charges for transport, packaging and insurance anywhere outside of the UK.
- The total price is inclusive of any applicable value added tax.
TERMS OF PAYMENT
- Upon providing us with details of your credit/debit card or PayPal account and submitting the Order you:
- confirm and undertake that the information contained within the Order is true and accurate and that you are duly authorised to use the credit/debit card PayPal account; and authorise us to deduct from the credit/debit card PayPal account the full price of the Goods and all other payments, which may become due to us under the Contract.
- The deduction of monies from your credit/debit card PayPal account 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 deducted.
- If it is not possible to obtain full payment for the Goods from your account on delivery of the Goods to you, we can cancel the Order or suspend any further deliveries to you. This does not affect any other rights we may have. If the consumer has bought an item of clothing in the wrong size, or he/she has changed his/her mind - there is no automatic right to return goods as all items are handmade to order.
- Where Goods are returned by you in accordance with your rights (see below), we shall credit the credit/debit card or PayPal account with the appropriate amount within 7-10 working days.
- We will take all reasonable care to keep all information connected with your order secure but we cannot be held liable for any loss that you may suffer if a third party obtains unauthorised access to any data, including credit and account details you provide when accessing or ordering from this Web Site, unless this is solely due to our negligence.
- We do not store credit card details nor do we share customer details with any 3rd parties.
- Delivery of the Goods shall be made by us or our carrier to the address for delivery confirmed via email. It is important that this address is accurate. Please be precise about where you would like the Goods left if you are out when we deliver. We cannot accept any liability for any loss or damage to the Goods once they have been delivered in accordance with your delivery instructions.
- Whilst every effort will be made to ensure that any Goods ordered are delivered within the period specified for delivery of such goods on the relevant page and subject to our obligations under the Regulations, any dates quoted for delivery of the Goods are approximate only and we shall not be liable for any delay in delivery of the Goods however caused. Time for delivery shall not be of the essence of the Contract. The Goods may be delivered by us in advance of the estimated delivery date. If delivery is delayed due to any cause beyond our reasonable control, the delivery date will be extended by a reasonable period and we will contact you to arrange an alternative time.
- Your goods will be delivered once all the items from your order have been made to order.
- If we fail to deliver the Goods (or any instalment) for any reason other than any cause beyond our reasonable control or your fault, and we are accordingly liable to you, our liability shall be limited to the price of the Goods.
- If there are any items missing from your order or any faults, this must be reported to us within 2 working days either by email, phone or post. We are unable to take responsibility for missing items after this deadline. (This is to allow us to put in a claim with the carrier which has to be done within 2 working days).
- You have the right to cancel your made to order item within 7 days of purchase. If the item has been put into production or materials have been sourced, unfortunately we can’t offer you a refund or exchange unless the item received is defective or damaged in which case the item will be repaired by Heather Orr. Please note: ALL ITEMS ARE HANDMADE TO ORDER
- To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging where applicable.
- You will bear the cost of any return
- We only replace/repair items if they are defective or damaged. Please email firstname.lastname@example.org for further info. All items are handmade to order for each client.
- Goods are considered defective or damaged if a manufacturing fault occurs within six months of purchase. Items that are damaged as a result of normal wear and tear are not considered to be faulty.
- We make effort to display as accurately as possible the colours of our products however, as computer monitors vary, we cannot guarantee that your monitor's display of any colour will be completely accurate.
- We may refuse to accept orders at our discretion if goods are returned repeatedly.
- When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.
- With your permission, we may send you emails about our store, new products and other updates.
- When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.
- If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.
- If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting us at email@example.com
- We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.
- Our store is hosted on Squarespace. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
- Your data is stored through Squarespace’s data storage, databases and the general Squarespace application. They store your data on a secure server behind a firewall.
Definitions and interpretation
collectively all information that you submit to Heather Orr via the Website. This definition incorporates, where applicable, the definitions provided in the Data Protection Laws;
a small text file placed on your computer by this Website when you visit certain parts of the Website and/or when you use certain features of the Website. Details of the cookies used by this Website are set out in the clause below (Cookies);
Data Protection Laws
any applicable law relating to the processing of personal Data, including but not limited to the Directive 96/46/EC (Data Protection Directive) or the GDPR, and any national implementing laws, regulations and secondary legislation, for as long as the GDPR is effective in the UK;
the General Data Protection Regulation (EU) 2016/679;
Heather Orr, or us
Heather Orr of Flat 2 Harbour House, 11 Marine Crescent, Folkestone, Kent, CT20 1PS;
UK and EU Cookie Law
the Privacy and Electronic Communications (EC Directive) Regulations 2003 as amended by the Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011;
User or you
any third party that accesses the Website and is not either (i) employed by Heather Orr and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Heather Orr and accessing the Website in connection with the provision of such services; and
the website that you are currently using, www.heatherorr.co.uk, and any sub-domains of this site unless expressly excluded by their own terms and conditions.
a. the singular includes the plural and vice versa;
c. a reference to a person includes firms, companies, government entities, trusts and partnerships;
d. "including" is understood to mean "including without limitation";
e. reference to any statutory provision includes any modification or amendment of it;
4. For purposes of the applicable Data Protection Laws, Heather Orr is the "data controller". This means that Heather Orr determines the purposes for which, and the manner in which, your Data is processed.
5. We may collect the following Data, which includes personal Data, from you:
b. date of birth;
d. contact Information such as email addresses and telephone numbers;
e. demographic information such as postcode, preferences and interests;
f. IP address (automatically collected);
g. web browser type and version (automatically collected);
h. operating system (automatically collected);
How we collect Data
6. We collect Data in the following ways:
a. data is given to us by you; and
b. data is collected automatically.
Data that is given to us by you
7. Heather Orr will collect your Data in a number of ways, for example:
a. when you contact us through the Website, by telephone, post, e-mail or through any other means;
b. when you register with us and set up an account to receive our products/services;
c. when you enter a competition or promotion through a social media channel;
d. when you make payments to us, through this Website or otherwise;
e. when you elect to receive marketing communications from us;
f. when you use our services;
Data that is collected automatically
8. To the extent that you access the Website, we will collect your Data automatically, for example:
a. we automatically collect some information about your visit to the Website. This information helps us to make improvements to Website content and navigation, and includes your IP address, the date, times and frequency with which you access the Website and the way you use and interact with its content.
b. we will collect your Data automatically via cookies, in line with the cookie settings on your browser. For more information about cookies, and how we use them on the Website, see the section below, headed "Cookies".
Our use of Data
9. Any or all of the above Data may be required by us from time to time in order to provide you with the best possible service and experience when using our Website. Specifically, Data may be used by us for the following reasons:
a. internal record keeping;
b. improvement of our products / services;
c. transmission by email of marketing materials that may be of interest to you;
d. contact for market research purposes which may be done using email, telephone, fax or mail. Such information may be used to customise or update the Website;
10. We may use your Data for the above purposes if we deem it necessary to do so for our legitimate interests. If you are not satisfied with this, you have the right to object in certain circumstances (see the section headed "Your rights" below).
11. For the delivery of direct marketing to you via e-mail, we'll need your consent, whether via an opt-in or soft-opt-in:
a. soft opt-in consent is a specific type of consent which applies when you have previously engaged with us (for example, you contact us to ask us for more details about a particular product/service, and we are marketing similar products/services). Under "soft opt-in" consent, we will take your consent as given unless you opt-out.
b. for other types of e-marketing, we are required to obtain your explicit consent; that is, you need to take positive and affirmative action when consenting by, for example, checking a tick box that we'll provide.
c. if you are not satisfied about our approach to marketing, you have the right to withdraw consent at any time. To find out how to withdraw your consent, see the section headed "Your rights" below.
12. When you register with us and set up an account to receive our services, the legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.
Who we share Data with
13. We may share your Data with the following groups of people for the following reasons:
a. our employees, agents and/or professional advisors - to obtain advice from professional advisers;
Keeping Data secure
14. We will use technical and organisational measures to safeguard your Data, for example:
a. access to your account is controlled by a password and a user name that is unique to you.
b. we store your Data on secure servers.
15. Technical and organisational measures include measures to deal with any suspected data breach. If you suspect any misuse or loss or unauthorised access to your Data, please let us know immediately by contacting us via this e-mail address: firstname.lastname@example.org.
16. If you want detailed information from Get Safe Online on how to protect your information and your computers and devices against fraud, identity theft, viruses and many other online problems, please visit www.getsafeonline.org. Get Safe Online is supported by HM Government and leading businesses.
18. Even if we delete your Data, it may persist on backup or archival media for legal, tax or regulatory purposes.
19. You have the following rights in relation to your Data:
a. Right to access - the right to request (i) copies of the information we hold about you at any time, or (ii) that we modify, update or delete such information. If we provide you with access to the information we hold about you, we will not charge you for this, unless your request is "manifestly unfounded or excessive." Where we are legally permitted to do so, we may refuse your request. If we refuse your request, we will tell you the reasons why.
b. Right to correct - the right to have your Data rectified if it is inaccurate or incomplete.
c. Right to erase - the right to request that we delete or remove your Data from our systems.
d. Right to restrict our use of your Data - the right to "block" us from using your Data or limit the way in which we can use it.
e. Right to data portability - the right to request that we move, copy or transfer your Data.
f. Right to object - the right to object to our use of your Data including where we use it for our legitimate interests.
20. To make enquiries, exercise any of your rights set out above, or withdraw your consent to the processing of your Data (where consent is our legal basis for processing your Data), please contact us via this e-mail address: email@example.com.
21. If you are not satisfied with the way a complaint you make in relation to your Data is handled by us, you may be able to refer your complaint to the relevant data protection authority. For the UK, this is the Information Commissioner's Office (ICO). The ICO's contact details can be found on their website at https://ico.org.uk/.
22. It is important that the Data we hold about you is accurate and current. Please keep us informed if your Data changes during the period for which we hold it.
Links to other websites
Changes of business ownership and control
25. We may also disclose Data to a prospective purchaser of our business or any part of it.
26. In the above instances, we will take steps with the aim of ensuring your privacy is protected.
28. All Cookies used by this Website are used in accordance with current UK and EU Cookie Law.
29. Before the Website places Cookies on your computer, you will be presented with a message bar requesting your consent to set those Cookies. By giving your consent to the placing of Cookies, you are enabling Heather Orr to provide a better experience and service to you. You may, if you wish, deny consent to the placing of Cookies; however certain features of the Website may not function fully or as intended.
30. This Website may place the following Cookies:
Type of Cookie
Strictly necessary cookies
These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services.
They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
31. You can find a list of Cookies that we use in the Cookies Schedule.
32. You can choose to enable or disable Cookies in your internet browser. By default, most internet browsers accept Cookies but this can be changed. For further details, please consult the help menu in your internet browser.
33. You can choose to delete Cookies at any time; however you may lose any information that enables you to access the Website more quickly and efficiently including, but not limited to, personalisation settings.
34. It is recommended that you ensure that your internet browser is up-to-date and that you consult the help and guidance provided by the developer of your internet browser if you are unsure about adjusting your privacy settings.
35. For more information generally on cookies, including how to disable them, please refer to aboutcookies.org. You will also find details on how to delete cookies from your computer.
38. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
39. This Agreement will be governed by and interpreted according to the law of England and Wales. All disputes arising under the Agreement will be subject to the exclusive jurisdiction of the English and Welsh courts.
You may contact Heather Orr by email at firstname.lastname@example.org.
03 October 2018
Below is a list of the cookies that we use. We have tried to ensure this is complete and up to date, but if you think that we have missed a cookie or there is any discrepancy, please let us know.
We use the following strictly necessary cookies:
Description of Cookie
We use this session cookie to remember you and maintain your session whilst you are using our website
We use the following analytical/performance cookies:
Description of Cookie