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Terms & Conditions

Welcome to the Indian Ocean website terms and conditions for use. These terms and conditions apply to the use of this website and by accessing this website and/or placing an order you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions you may not use or access this website.

Before you place an order, if you have any queries relating to these terms and conditions please contact our Customer Services department by email: customerservices@indian-ocean.co.uk or call us on 020 8675 4808 between 9am-6pm Monday-Friday. Please note that all calls to our Customer services will be charged at the local rate (BT users only, other network charges may vary).

Definitions

"Conditions" means these terms and conditions and the Special Conditions; "Product" means a product displayed for sale on the website; "Product Description" means that part of the website where certain terms and conditions in respect of the individual Product are provided; "Special Conditions" means the terms and conditions in the Product Description; "Users" means the users of the website collectively; "Personal Information" means the details provided by you on registration; "We/Us" means Indian Ocean Trading Company Limited; "website" means the website located at www.indian-ocean.co.uk or any subsequent URL which may replace it; "Cookies" means small text files which our website places on your computer's hard drive to store information about your shopping session and to identify your computer; "United Kingdom" means England, Wales, Scotland, Northern Ireland and the Channel Islands and "You" means a user of this website.

Use of the website

Access

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.

Registration

You warrant that:

The Personal Information which you are required to provide when you register as a customer is true, accurate, current and complete in all respects; and You will notify us immediately of any changes to your Personal Information by contacting our Customer Services department by email, customerservices@indian-ocean.co.uk or call us on 0208 675 4808 between 9am-6pm.

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.

Indemnity

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.

Our rights

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.

Third party links

To provide increased value to our Users, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.

Purchase of products

Orders 

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, but in the absence of negligence on our part 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.

Contract creation and electronic contracting

The technical steps required to create the contract between you and us are as follows:

You place the order for your products on the website by pressing the confirm order button at the end of the checkout process. You will be guided through the process of placing an order by a series of simple instructions on the website.

We will send to you an order acknowledgement email detailing the products you have ordered. This is not an order confirmation or order acceptance from Indian Ocean. As your product is shipped from our warehouse, the warehouse will contact you to arrange delivery. Order acceptance and the completion of the contract between you and us will take place on the despatch to you of the Products ordered unless we have notified you that we do not accept your order, or you have cancelled it.

Non-acceptance of an order may be the result of one of the following:

  • The product you ordered being unavailable from stock.
  • Our inability to obtain authorisation for your payment.
  • The identification of a pricing or product description error.
  • You not meeting the eligibility to order criteria set out in the main Terms & Conditions.

The contract will be concluded in English.

If you do require any information regarding orders you have placed with Indian Ocean please write to us or email us at the following addresses:

Customer Services Manager
Indian Ocean
155-163 Balham Hill
London SW12 9DJ
email: customerservices@indian-ocean.co.uk

Contract cancellation

Please note that you are entitled to cancel this contract if you so wish, provided that you exercise your right no longer than 7 working days after the day on which you receive the Products.

If you wish to exercise your right to cancel this contract after your order has already been despatched, please follow the procedure set out in our returns policy.

Please note that your right to return Products does not apply to products which fall into the following categories unless they are faulty:

Goods made to your specification

Description of products

Each product purchased is sold subject to its Product Description which sets out additional Specific Conditions related to that Product including, without limitation, terms and conditions concerning estimated delivery dates and times, warranties, after-sales service and guarantees.

We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the website as up to date as possible, the information including Product Descriptions appearing on this website at a particular time may not always reflect the position exactly at the moment you place an order.

General

Intellectual property and right to use

You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.

You acknowledge and agree that the material and content contained within the website is made available for your personal no-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. 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.

Compliance with laws

The website may be used only for lawful purposes and in 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.

Limitation of liability

While we 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 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 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 site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy or reliability of the website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website.

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 held 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);
  • Any loss of goodwill or reputation; 
  • Any special or indirect losses suffered or incurre by that party arising out of or in connection with the provisions of any matter under the Conditions.

Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.

Severance

If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.

Waiver

No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

Survival

Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.

Entire agreement

These conditions govern our relationship with you. Any changes to these Conditions must be in writing and signed by both parties. You confirm that, in agreeing to accept the Condition, you have not relied on any representation save insofar as the same has expressly been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation. Your statutory rights are not affected by these terms and conditions. Nothing in this Clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions.

Law

The Conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.

Contact

The registered company address of Indian Ocean Trading Company Limited is 155-163 Balham Hill, London SW12 9DJ. Registered in England No. 3290687. Director: J.A.S. Hobbs.

Orders and returns

Change or cancel an order

If you wish to change or cancel an order contact our Customer Services on 020 8675 4808 any time between 9am-6pm Monday-Friday. Please have the Account no., Order No. and date the order was placed to hand.

Track your order

To check the status of your order please contact our Customer Services department on 020 8675 4808.

If you find that order has been partially delivered, this may be because other items are being despatched from another location or they may temporarily be out of stock. If your order is obviously incomplete, over-delivered or damaged, please email: customerservices@indian-ocean.co.uk or telephone our Customer Services department on 020 8675 4808 between 9am-6pm.

Returns procedure

We hope that you will be pleased with your purchase. Should you wish to return anything that you have purchased from us, we will be happy to refund or exchange a product provided it is in fully resalable condition. Returns should be made within a reasonable time (usually 28 days) and in original, undamaged packaging.*

If we find that the product has not been returned to us in fully resalable condition, we reserve the right to refuse a refund on the item.

*None of the above conditions affect your statutory rights when goods are faulty, or not as described.

Returns can be made though either of these options:

  1. Returns via collection

Please email our Customer Services department at customerservices@indian-ocean.co.uk or telephone 020 8675 4808.

  1. Returns via an Indian Ocean Store

Simply take your Sales Order confirmation and your product to the store and speak to any of the Sales Advisors who will be only too willing to assist.

PLEASE NOTE: We will refund the price of the item to the purchaser or exchange the product once it is received by us.
Prices include VAT charged at the current rate of 20%.
Prices are valid until 1st December 2013. 
All orders are subject to our standard Terms & Conditions.
We cannot be held responsible for delays caused by circumstances beyond our control.

Whilst every effort has been made to accurately represent the products in the brochure, colour representation is limited by the photographic and printing process. Indian Ocean Trading Company Ltd reserve the right to alter the descriptions, specifications and prices without prior notice.

Guarantee

We have designed and selected furniture which we believe will stand the test of time and we are confident that you will enjoy your furniture for many years to come. However, we do back our products with a 2 year guarantee against manufacturing defects for our Furniture and a 1 year guarantee for our Bio Fires. This warranty covers normal usage and is subject to specific terms and conditions not covered on the website -

please contact us for further information on 020 8675 4808.

  • Prices include VAT charged at the current rate.
  • Prices are valid until 1st December 2013.
  • All Orders are subject to our standard Terms and Conditions, please contact us for a copy.
  • Weights and Dimentions are approximate
  • Whilst every effort has been made to accurately represent the products on the website, colour representation is limited by the photographic process.
  • Indian Ocean Trading Company Ltd reserve the right to alter the descriptions, specifications and prices without prior notice.