Terms & Conditions

Terms & conditions

By visiting Ocha Matcha (www.ochamatcha.co.uk), you are accepting and consenting to the practices described in the Terms and Conditions. Ocha Matcha website(s) (our "Site" or "Sites") and related services are made available to you pursuant to the following Terms and Conditions. We may modify the Terms and Conditions from time to time, and your continued use of this Site (or any of our other Sites) following such change shall signify your agreement to be bound by the modified Terms and Conditions. For those persons wishing to use our services, they must read and agree to be bound by our policies relating to those services. In particular, we draw you attention to our policies relating to the terms of purchase and our Privacy Policy. If you are under 18, you must let your parent or guardian know about the Ocha Matcha Privacy Policy before you register to use this Site or any of this Site's services.

Please read the Terms and Conditions and check back often. If you do not agree to any change to the Terms and Conditions, then you must immediately stop using the Site.

Copyright

This website and its content is copyright of Ocha Matcha © 2016 Ocha Matcha. All rights reserved. Any redistribution or reproduction of part or all of the contents in any form is prohibited. You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

Registration

To use some of the services or features made available to you on this Site, you will need to register. We may change registration requirements from time to time. When you register, you are required to provide information about yourself that is true, accurate, current and complete in all respects. Should any of your registration information change, please notify us immediately at the following e-mail address hello@ochamatcha.co.uk. You may also want to view our Privacy Policy.

Eligibility to purchase

The purchase of merchandise through Ocha Matcha is strictly limited to parties who can lawfully enter into and form contracts on the Site in accordance with English law. In order to make purchases through the Site, you will be requested to register and provide your personal details. In particular, Customers must provide their real name, phone number, e-mail address and other requested information as indicated. Furthermore, when ordering items, you will be required to provide payment details and you represent and warrant that the payment details you provide on ordering are both valid and correct and you confirm that you are the person referred to in the Billing information provided.

The Site is available only to individuals and others who meet the Ocha Matcha terms of eligibility, who have been issued a valid credit card or debit card by a bank acceptable to Ocha Matcha, whose applications are acceptable to Ocha Matcha and who have authorised Ocha Matcha to process a charge or charges on their credit card or debit card in the amount of the total purchase price for the merchandise which they purchase. Purchases made on the site are for the personal or gift use of the buyer only and are not to be used for re-sale, commercial purposes or any other commercial benefit. Ocha Matcha reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.

Moreover, by making an offer to purchase merchandise, you expressly authorise us to perform credit checks and, where Ocha Matcha feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your credit card or debit card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit card or debit card, to obtain an initial credit card or debit card authorisation and to authorise individual purchase transactions.

Orders

All orders are subject to acceptance and availability. Please note that on occasion certain products that are in particularly high demand will sell out during this period.

Prices shown on the site are in GBP and are inclusive of VAT unless an alternative country has been selected by the customer, as indicated in the top left hand corner of the website. All prices and offers remain valid as advertised from time to time. The GBP price of a product displayed on the website at the time the order is accepted will be honoured. If you are buying from outside the UK, you will also incur carriage costs and any duties for the UK. Ocha Matcha will not be responsible for any import duties on international orders.

Acceptance of your order

Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order. Unless you cancel your order, acceptance of your order and completion of the contract between you and Ocha Matcha will be perfected when we despatch the goods to you. The sale contract is therefore concluded in England and the language of the contract is English.

We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorisation for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set-out above.

Furthermore, we may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold; removing, screening or editing any materials or content on the Site; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

-Security Checks

In an effort to protect our customers, orders placed at ochamatcha.co.uk may be screened and security checked for fraud. We advise you to include a valid telephone number and email address with your order so we can contact you if we need you to confirm its authenticity. All checks are made for the security and safe shopping of our customers. If we do security check, we may ask you to confirm certain elements of your order which may include the billing or delivery address. We will never ask you for full credit card or debit card details. Although it is rare that it would be necessary for us to cancel an order, we reserve the right to refuse any orders from a customer where the following situations are applicable:

  • Incorrect credit card or debit card number, expiration date or security code
  • Incorrect billing information (billing information you provide is different from information your credit card company or bank has on record)
  • Insufficient or incorrect shipping address (street, town/city, county or postal code)
  • Fraudulent information
Important information

As part of our security checks you may be contacted by a third party who conduct security checks on our behalf. They may ask you to confirm certain elements of your order which may include the billing address, however they will never ask for your full credit card or debit card details.

We may cancel any order if fraudulent activity is suspected and may refuse to process subsequent orders from customers with a previous fraudulent order history. If we are unable to contact you via the telephone number or email address you provided with your order within 3 days we reserve the right to cancel your order. (In this circumstance; a full refund will be actioned to the original payment method).

The sale of your order will appear on your credit card or bank statement as 'Ocha Matcha'. We reserve the right to request additional proof of billing information. If you think the amount of a sale related to an order at ochamatcha.co.uk is incorrect, please email us.

Payment

Payment can be made by Visa, Visa Electron, MasterCard, Delta, and Maestro debit cards. Payment will be debited and cleared from your account upon receipt of your order by Ocha Matcha. You confirm that the credit card or debit card that is being used is yours. All credit card and debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to Ocha Matcha, we will not be liable for any delay or non-delivery.

We take all reasonable care to make our Site as secure as we can make it. All credit card transactions on this site are processed using Paypal, a secure online payment gateway that encrypts your card details in a secure host environment. We will also give you the opportunity to securely store your credit card or debit card details on our systems. These details will be fully encrypted and only used to process card transactions.

To help ensure that your shopping experience is safe, simple and secure Ocha Matcha uses Secure Socket Layer (SSL) technology. Furthermore, 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 Site.

Ocha Matcha will store a record of your transactions for a minimum of one year.

VAT

Ocha Matcha uses a standard pricing policy for the UK and Channel Islands which ensures that all of our customers are charged the same price, regardless of where they live. We do not offer VAT refunds on orders delivered to the Channel Islands.

Transport damages

If goods with obvious damages to packaging or its contents are delivered, the customer has to immediately inform the employee of the carrier, refuse the acceptance and contact Ocha Matcha by email at hello@ochamatcha.co.uk in order for Ocha Matcha to be able to exercise its rights towards the carrier. In case you fail to do so, this will not influence your legal claims.

Retention of title

All articles remain the property of Ocha Matcha until complete payment has been received.

Picture representation

Please keep in mind that the colour of pictures might slightly deviate from the delivered article due to the way you have programmed your screen.

Intellectual property rights

You acknowledge and agree that all copyright, designs, trademarks and all other intellectual property and material rights relating to the Content as herein described, including Ocha Matcha Software and all HTML and other code contained in this Site, shall remain at all times vested in Ocha Matcha and/or are the property of their respective owners. All such Content, including third party trademarks, designs and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorised by Ocha Matcha and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Violators will be prosecuted to the fullest extent permissible under applicable law. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited

Content

In addition to the Intellectual property rights mentioned above, Content is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site. Ocha Matcha tries to ensure that the information on this site is accurate and complete. Ocha Matcha does not warrant or represent that Ocha Matcha’s Content is accurate, error-free or reliable or that your use of Ocha Matcha’s Content will not infringe rights of third parties. Your use of the Web Site is at your risk. Ocha Matcha does not warrant that the functional aspects of the Web Site or Ocha Matcha’s Content will be error free or that this Web Site, Ocha Matcha Content or the server that makes it available are free of viruses or other harmful components. If your use of this Web Site, or Ocha Matcha Content results in the need for servicing or replacing property, material, equipment or data, Ocha Matcha is not responsible for those costs. Without limiting the foregoing, everything on the Web Site is provided to you "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, REASONABLE CARE AND SKILL, OR NON-INFRINGEMENT. Ocha Matcha and its suppliers make no warranties about Ocha Matcha Content, software text, downloads, graphics, and links, or about results to be obtained from using the Web Site. You bear the entire risk of the completeness, accuracy or usefulness of any Content found on this Site. Ocha Matcha reserves the right to withdraw, temporarily or permanently, any Content from this Site at any time and for any reason. Removal may be immediate and without notice. You confirm that Ocha Matcha is not liable to you or any third party for any such withdrawal.

No commercial use

This Site is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.

Your activity

You use this Site at your sole risk. You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on this Site. We reserve the right to deny you access to this Site, or any part of this Site, at any time without notice. If we determine, in our sole discretion, that you engaged in prohibited activities, were not respectful of other users, or otherwise violated the Terms and Conditions, we may deny you access to this Site on a temporary or permanent basis and any decision to do so is final

Third party

We may include hyperlinks on this Site to other websites or resources operated by parties other than Ocha Matcha. Ocha Matcha has not reviewed all of the sites linked to its Web Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such 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 content, goods or services available on such external websites or resources.

General

While Ocha Matcha will use reasonable endeavours to verify the accuracy of any information it places on the Site, it makes no warranties, whether express or implied in relation to its accuracy. This Site 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 this Site, or any transaction that may be conducted on or through this Site 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 this Site will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that this Site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials. We will not be responsible or liable to you for any loss of Content or material uploaded or transmitted through this Site. 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 available through this Site including but not limited to, implied warranties of satisfactory quality and fitness for a particular purpose. Nothing in these Terms and Conditions shall limit your rights as a consumer under English law.

You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of this Site and any information provided to or taken from this Site by you.

You agree that, except for death and personal injury arising from our negligence, We will not be liable in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with this contract, for any economic losses (including without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special or indirect or consequential losses in any case whether or not such losses were incurred by that party arising out of or in connection with the provisions of any matter under the Terms and Conditions.

Indemnification

At our request, you agree fully to defend, indemnify and hold harmless Ocha Matcha immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the Terms and Conditions by you or any other liabilities arising out of your use of this Site, or the use by any other persons accessing this Site using your Internet account. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you hereunder.

Our relationship

You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and Ocha Matcha as a result of the Terms and Conditions or your use of this Site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of Ocha Matcha, and we shall not be liable for any representation, act, or omission on your part.

Entire agreement

The Terms and Conditions (as amended from time to time) constitutes the entire agreement between you and Ocha Matcha regarding your use of this Site, and supersedes any other agreement or understanding, arrangements, undertaking or proposal, written or oral, between you and Ocha Matcha in relation to such matters. In the event any other rules, code of conduct, or other matter posted on this Site conflicts with the terms of the Terms and Conditions, the Terms and Conditions shall govern. No oral explanation or oral information given by any party shall alter the interpretation of the Terms and Conditions. You confirm that, in agreeing to accept the Terms and Conditions, you have not relied on any representation save insofar as the same has expressly been made a representation in the Terms and Conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of the Terms and Conditions save that your agreement contained in this Clause shall not apply in respect of any fraudulent misrepresentation whether or not such has become a term of the Terms and Conditions.

No waiver

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

Governing law

The Terms and Conditions together with all our policies and procedures will 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.

Ocha Matcha and the Ocha Matcha logo are trademarks of Ocha Matcha.