Terms and condition of sale and site usage
Updated 11 April 2015
ABOUT OUR CONDITIONS
The English Tea Company owns and operates this website, www.english-tea-company.com (hereinafter the "website").
These terms applies to all users of the website, regardless of the access to the website, and cover all devices or technologies used by The English Tea Company to make the website available.
These terms, including all other documents or policies referred to in these conditions (collectively, the "terms") are the conditions of your (hereinafter "you / your / yours") in this website and all products and services.
You should read these terms carefully before using the website and before ordering or register with The English Tea Company. Access to the website, browsing it and/or use means that you agree to be bound by these conditions in their entirety, regardless of whether you open an account through the website, are registered on the website or whether you are logged into your account or not. Although this is not a requirement we recommend that you print and keep a copy of these terms for future reference, if applicable. You can also check these terms via the website.
Do not use, access or make orders from the website if you do not agree to these terms.
Some products made available on the website and that you could order, are subject to additional conditions. You will be notified of these additional conditions when you access the sections of the website dedicated to these products. Please note that if you order goods which are subject to additional terms you will be deemed to have accepted them.
If you have any questions, complaints or comments regarding this any website or these terms, please contact us.
WHO ARE WE?
The English Tea Company is a trading name of Mr. Gary Pepworth, located 6 Walnut Close, Thornbury, BRISTOL BS35 2LS United Kingdom .
1. Use of the website
1.1. By using this website you confirm that all the information that you provide when you place an order and / or when you open an account with THE ENGLISH TEA COMPANY is true and accurate and that you will update such information.
1.2. You agree that when using the website and you go ordering products, you must:
- use this website only for lawful purposes;
- do not use the website in a way that might encourage, or through use of which could lead to the commission of criminal activities;
- do not access or attempt to access the accounts of other users;
- do not use this website in any manner that infringes the rights of others or which restricts or impedes the use of this website by any other person;
- comply with the provisions of Article 11 hereof (Intellectual Property Rights);
- you refrain from knowingly or negligently introducing viruses, trojans, worms, or other harmful materials on the website or our servers, and
- refrain from committing or attempting to commit any intrusion into the security measures of the website, and to attack the servers of the website by a cyber attack by a denial of service or a massive cyber attack by a denial of service.
1.3. THE ENGLISH TEA COMPANY reserves the right to remove any material or message that you have posted on the website and as well as suspend, restrict or terminate your access to the website, at our sole discretion and at any time, without prior notice, if sufficient reason to believe that a breach of these terms has occurred.
1.4. THE ENGLISH TEA COMPANY reserves the right to take appropriate action against you to defend its rights or those of any other person.
1.5. When using the website you place an order with THE ENGLISH TEA COMPANY, your personal information may be processed and stored by THE ENGLISH TEA COMPANY.
2. Conditions of sale and purchase
Description of products and services
2.1. COMPANY THE ENGLISH TEA has taken reasonable precautions to ensure that prices shown on the website are correct and that all products have been described correctly. However, when ordering products on the website, please note that:
- weights, measures, sizes and capacities indicated on the website are given as approximate;
- Packaging may differ from that shown on the website;
- While we ensure that all products correspond to their description on the website, changes in manufacturing processes, configurations of your screen and hardware can affect tissues and product designs, which means that the products delivered may show slight differences in their appearance over the presentation of the website;
- all products of THE ENGLISH TEA COMPANY are subject to availability, which means it may be we are not always able to fulfill your order. We will inform you as soon as possible if the product you ordered is not available and, with your permission, we will offer you another product of equal or higher quality and a similar value;
- We will not process your order if a significant error was committed in description / product (s), as detailed on the website
3. Your Order
Open an account and place an order
3.1. When you place an order with us, you can choose to place your order using the "guest checkout" or opening an account with us.
3.3. When you register for an account, it may be that we provide you with passwords and / or we may ask you to use passwords or other means to allow you to access certain sections of the website and / or to ensure the security of your account, such as the My Account section ("My Account") on the website. You are responsible for maintaining the confidentiality of your password and your account information.
3.5. In case of problems in the processing of your order, please contact us at [email protected]
Acceptance of your order
3.6. Please note that all orders you place constitute an offer to purchase and are subject to our acceptance.
3.7. We may, in our sole discretion, decline your order for any reason, without liability to you. Please find below non-exhaustive examples of cases in which we may refuse your order:
- products listed on the website but are not available, are presented at an incorrect price or are not properly described;
- THE ENGLISH TEA COMPANY is unable to obtain authorization for your payment or
- information relating to the delivery address that has been entered are incorrect / inaccurate.
- Shipping restrictions apply to specific products.
3.8. Before submitting your order, you can review the list of all products in order to verify the total price of your order and view the items in your shopping cart. You can then correct any mistake and indicate any rebate applies to products before submitting the order.
3.9. You will be asked to enter information about delivery before confirming your order. Once you have confirmed your order, you will be asked to enter information about your payment method. This process is explained in more detail in Article 4.
3.10. Please note that completion of the purchase process online does not constitute acceptance of your order by us. Our acceptance of your order will take place only when we receive your payment shortly before delivery or before the commencement of performance of the service that you have ordered.
3.11. When you provide your e-mail address after entering the information about your payment, you will receive an email notification confirming that THE ENGLISH TEA COMPANY has received your order ("Confirmation Email"). Please note that this Email confirmation does not constitute our acceptance of your Order. This confirmation email will contain an order number, details of the products you have ordered from THE ENGLISH TEA COMPANY and information delivery.
3.12. All products that you order on the website remain the property of THE ENGLISH TEA COMPANY until delivery to the address indicated.
3.13. All risks associated with the products you order (including risk of loss and / or damage to the products) will be transferred at the time of delivery to the delivery address stated in your order, or in cases of special mention in a safe place as you have indicated. If you have specified a delivery to another address, all product risks will be transferred as soon as the goods have been delivered in a safe place.
3.14. If THE ENGLISH TEA COMPANY is not able to provide you with the products you have ordered, we will not process your order. We will inform you in writing (including by electronic mail) and, if you have already paid for the products, we will refund you in full as soon as possible, with the understanding that reimbursement will be made at the latest within 30 days from the date of cancellation of your order.
4.1. During the order process, you will be asked to enter and complete the information about your payment method. All mandatory fields will be marked and must be completed. You will not be able to accept your order if this information has not been entered.
4.3. You confirm that all payments will be made by you on your own credit card / debit card.
4.4. We do accept not cash, cheques or payments by phone.
4. 5 . THE ENGLISH TEA COMPANY reserves the right to charge you for any damages, without exception, suffered by (or any other undesirable interaction with) any product which is the subject of an unpaid order in the case where the damage results from action or inaction on your part to take appropriate measures to products.
5.1. THE COMPANY ENGLISH TEA will do its best to ensure that all information on the prices listed on the website is correct and updated. It may, however, errors do occur from time to time. In case of error, and if a product has not been shown at the right price, THE ENGLISH TEA COMPANY has the right not to accept your order as explained in section 3.4 above. THE ENGLISH TEA COMPANY is under no obligation to provide or deliver any product whose price is incorrect if THE ENGLISH TEA COMPANY has not received payment from you and if payment has not been processed.
5.2. All prices are quoted in Sterling. Currently THE ENGLISH TEA COMPANY is not registered for VAT and no VAT is applicable to any of the prices quoted. The prices do not include the additional costs of any delivery.
5.3. The total cost of delivery will be shown on the payment screen and in your confirmation e-mail.
5.4. Occasionally, specific products listed on the website will be promotions and / or discounts. Promotions and discounts are subject to additional conditions. To avoid confusion and to understand our promotions and / or our discounts, we suggest you read the additional requirements, if any, on the page of the product concerned.
5.5. THE ENGLISH TEA COMPANY reserves the right to modify the price of any product listed on the website at any time and without prior notice to you. You will not be charged retroactively and, similarly, any price change will not be applied retroactively to products you have already ordered and for which THE ENGLISH TEA COMPANY has received payment.
5.6. Please note that in some countries outside the European Union additional taxes will be paid to the local tax authorities upon receipt of your delivery. You will be responsible for the payment of import duties and other taxes. THE ENGLISH TEA COMPANY has no control over its taxes and can not predict their amount. Please contact your local customs office for further information before placing your order.
If THE ENGLISH TEA COMPANY decides or is required under applicable law, to issue or provide an invoice, THE ENGLISH TEA COMPANY reserves the right to issue or deliver electronic invoices. .
7.1. Please note that these terms do not affect your statutory rights as a consumer. For more information on your legal rights, please contact your local authority in charge exchange trading standards or equivalent consumer advice.
7.2 If you have placed your order on a weekday before 1300 (Monday to Friday) your order will usually be prepared and shipped the same day. If you place your order on weekends, after 1300 or on a public holiday or during the business annual holiday, it will be processed the following business day.
7.3. Orders will be shipped to the shipping address you provided on your order form online. THE ENGLISH TEA COMPANY can not be held responsible if this delivery address is incorrect or incomplete.
7.4. You can have the ability to select multiple addresses for delivery including an address different from your billing address. Please note that THE ENGLISH TEA COMPANY will not make any delivery to a PO Box and there are restrictions on the delivery points served by THE ENGLISH TEA COMPANY for products ordered from our website.
7.5. Due to certain restrictions customs, legal, regulatory, or practices applicable to orders, some products may not be available for delivery to certain destinations. THE ENGLISH TEA COMPANY reserves the right to define what can and what can not not be delivered to any destination. Prices and delivery times can vary depending on the weight of products ordered, delivery services and your delivery address.
7.6. These Terms will apply irrespective of the delivery method you have chosen for your products.
7.7. If you have any questions, complaints or comments regarding the delivery of any products or these terms, please contact us.
7.8. The delivery of your products may be delayed or prevented occasionally for reasons beyond the control of THE ENGLISH TEA COMPANY - for example, in case of stock shortage suppliers, delays in imports or a higher demand than expected. In this case, we will make every effort to keep you informed of the situation, but will in no way be liable to you in respect of the delay or absence of delivery if the payment has not yet been made.
7.9. In some cases, THE ENGLISH TEA COMPANY will pay the shipping of your products. This offer will be available only at certain times and in the manner specified.
7.10. You will be notified of the validity of this offer on the home page of the Website or when you place your order.
8. Cancellation and Returns
8.1. If you are a European consumer, under the EU Directive 97/7/EC on consumer protection in the context of distance sales contracts (the "Directive") as implemented in your country, you have the right to cancel your contract with us. You may also cancel if the goods are damaged or the order is fulfilled incorrectly.
8.1.1. Your right of cancellation: you may cancel your order at any time within 14 working days after the date on which you received the products..
8.2. During the aforementioned cancellation period, you are obliged to take care of the products and to continue to provide care.
8.3. Any request for cancellation of an order made under the Directive must be sent to us by email. In addition, since the date of the notification of the cancellation of your order is deemed to be the date you send us your notification, we will ask you therefore to keep a copy.
8.4. If you wish to cancel (or if you plan to cancel) the order of a product, it should be noted that the cancellation rights of consumers in the European Union, under the Directive, are not applicable to certain products and services (for example, custom orders, custom products, flowers, plants, food, gifts or personalized items).
8.5. Please note that if you receive the goods before you cancel, you must return the products to THE ENGLISH TEA COMPANY at your own expense, to the address indicated. You will be reimbursed the cost of our standard shipping charge to send you the goods and not any supplementary charges such as gift wrapping
8.6. You should check all products you receive in light of the receipt you received when the goods are delivered to you to confirm that you have received all ordered products. If the products you received are damaged or do not correspond to your order, please mention any damage or misdelivery on receipt. You must also inform us (only by mail, phone or email) for any damage or errors in a timely manner.
8.7. You must return all products cancelled as soon as possible after THE ENGLISH TEA COMPANY we have informed that: (i) the products are damaged, (ii) the products have not been provided pursuant to order, or (iii) that you cancel your order under the Directive.
8.8. If you decide to return a product to THE ENGLISH TEA COMPANY, we can not be held responsible for any loss or damage in transit and, for this reason, we recommend that you use a recorded delivery service. If returned products are lost or damaged in transit, we reserve the right to charge amounts relating to such loss or damage and to recover these amounts from you.
8.9. These returns must be made by your local post office.With regard to returns made by post, we recommend that you obtain proof of mailing. In fact, if we do not receive your product, we may ask you to provide us with proof that you have actually sent us.
8.10. Please note that we will not accept the return of any damaged product or part of a non-conforming delivery to the command if you do not have warned us within a reasonable time. In case of damaged product or product delivered does not comply with the order, we will offer you alternatives.
8.11. You should not use any product you want to cancel and return and the products must be returned in their original packaging.
8.13. Paragraphs of this Article 8 are not considered a complete statement of all your rights under the Directive. For more information on your legal rights, please contact your local authority in charge of your standard commercial or consumer advice center.
9.1. THE ENGLISH TEA COMPANY will refund in case of cancellation or return of a product under the Directive. All these refunds will be processed in accordance with your legal rights and THE ENGLISH TEA COMPANY will refund within 14 days from the date we receive the cancellation of your order.
9.2. If you have returned only part of your order, we will refund the cost of products only, but not your shipping costs.
9.3. Any refund of THE ENGLISH TEA COMPANY will be made according to the method of payment specified when you placed your order and we reserve the right to withhold any amount in respect of products which have been found damaged upon return of the product.
10. Terms of website
Accuracy of Content
10.1. To the extent permitted by applicable law, THE ENGLISH TEA COMPANY disclaims all representations and warranties, express or implied, that the content or information contained on this Website is accurate, complete, current and / or does not infringe rights of third parties.
Damage to your computer or another device
10.2. THE ENGLISH TEA COMPANY makes every effort to ensure that this Website will not contain any viruses or other malicious or harmful content.However, we can not guarantee that your use of the Website (including any content of this or any other website accessible from it) will not cause any damage to your computer or another device. It is your responsibility to ensure that you have the right equipment (including antivirus software) to use this Website safely and to detect any problems that may damage your computer or other device. Except to the extent required by applicable law, THE ENGLISH TEA COMPANY can not be held liable to any person for any loss or damage (s) this person due to virus or malicious or harmful content that they could be exposed to from this Website.
Links to other websites
10.3. THE ENGLISH TEA may have placed links on this Website to other websites that you may wish to visit. We have no control over the content of these websites and, well, we do not pass in review. You agree that when accessing a website via a link from the Website, our liability shall be incurred for the content of such websites, including in respect of any advertising or product made available by through these sites. In addition, THE ENGLISH TEA COMPANY is not liable for torts, damages, losses caused by or related to your use of these websites, except where required by applicable law.
11. Intellectual property rights
11.1. You acknowledge that all intellectual property rights (including, but not limited to, rights in databases, copyright, rights in the trademarks and other intellectual property rights) related to all media or content (including but not limited to, logos, graphics, photographs, animations, video, text, data compilations, clips and / or audio visual, music, software, and any combination thereof) that are provided or made available on this Website belong to THE ENGLISH TEA COMPANY or Group THE ENGLISH TEA COMPANY or are licensed by THE ENGLISH TEA COMPANY or THE ENGLISH TEA COMPANY Group and are protected by laws and treaties in force on copyright worldwide. You are permitted to use this material / content within the limits expressly authorized by THE ENGLISH TEA COMPANY or our licensors.
11.2. You may use, download and print the content of the website solely for your own use and not for commercial use. Except for personal use or internal business, you may not, without the prior written permission of THE ENGLISH TEA COMPANY:
- copy, reproduce, use or perform any other operation with any website content;
- modify, distribute or republish any content of this website for any purpose;
- reproduce, scroll, define, establish a link, deep link on this Website or from any other website;
- use the content of this website for any commercial exploitation of any kind.
11.3. Except for the provisions of articles11.1et 11.2 above, you refrain from (and to help you abstain or support any third party to) copy, reproduce, transmit, publish, display, distribute, sublicense, alter or create variations of this support or content.
11.4. The commercial brands "THE ENGLISH TEA COMPANY" and all trademarks, whether figurative or non-figurative, and all other trademarks, trade names, service marks, all brand names, company names, illustrations, images, logos found on our products, our website, our accessories, our packaging, whether registered or unregistered trademarks (the "Trademarks") are and remain the exclusive property of THE ENGLISH TEA COMPANY and / or its affiliates and / or licensors and are proprietary marks protected by laws and treaties on copyright in the world, and can not be reproduced or used in any other way without express permission.
Property rights and content users
11.5. In case of acquisition by you of any copyright or any other intellectual property rights on the website (whether by operation of law or otherwise), you agree to assign those rights to THE ENGLISH TEA COMPANY (including any rights that you may have on user-generated content that you submit via the website) at the global level, in absolute terms, to the extent that the law allows. You also agree to unconditionally and irrevocably waive any moral rights you may acquire on the website, if and to the extent permitted by law in your country.
11.6. You further agree to sign all documents and take all necessary measures, including those that we may request, within reasonable limits, to sublicense such rights to THE ENGLISH TEA COMPANY and waive any moral rights you may acquire on the website, if any, in your country.
11.7. Any support that you download from this Web Site will be considered non-confidential and non-proprietary and THE ENGLISH TEA COMPANY reserves the right to use, copy, distribute and disclose to third parties supports any object in the world and, as appropriate, for the term of protection of intellectual property rights attached to such media. THE ENGLISH TEA COMPANY is also entitled to disclose your identity to any third party claiming a violation of their intellectual property rights or its right to respect for private life because of the publication or downloading any material on the Website.
11.8. THE ENGLISH TEA COMPANY will not be liable to you nor any third party regarding the content or accuracy of any material that you or any other user have posted on this Website. In addition, you hereby acknowledge your responsibility to THE ENGLISH TEA COMPANY, and you agree to indemnify any time THE ENGLISH TEA COMPANY against all costs, damages, expenses, losses and liabilities incurred and / or suffered by THE ENGLISH TEA COMPANY respond to any complaint about your content, any material you publish and / or the use you have made of the Website and which constitute a violation of these Terms.
11.9. THE ENGLISH TEA COMPANY reserves the right to remove any material or posting you make on the Website at the sole discretion of THE ENGLISH TEA COMPANY.
12. Promotional Codes
12.1. In certain circumstances, THE ENGLISH TEA COMPANY you with a promotional code online you get a discount on certain products. The promotional code will be displayed on the home page or sent by e-mail or through the press. If you use a promotional code, please check the terms and conditions.
13.1. Nothing contained in these Terms shall exclude or limit the liability of THE ENGLISH TEA COMPANY under injury or death caused by its negligence or fraud or fraudulent misrepresentation. In addition, these conditions may limit or exclude any other liability which can not be excluded or limited under applicable law.
13.2. You have certain rights as a consumer, including legal rights related to defective products or products that are not described properly. For more information on applicable statutory rights in your country, please contact your local authority in charge of commercial standards body or similar consumer advice. Nothing contained in these Terms shall affect those statutory rights and, particularly, THE ENGLISH TEA COMPANY agrees to fulfill its obligations under these Terms by providing a level of care and appropriate skills.
13.3. All products THE ENGLISH TEA COMPANY provides are of satisfactory quality and if the product is not of satisfactory quality, please contact THE ENGLISH TEA COMPANY for repair or replacement of the product, or when it is not possible You can claim a refund.
13.4. THE ENGLISH TEA COMPANY is not responsible for losses that are a natural consequence of a predictable failure by us to these Terms. We will not be liable to you if we have been prevented or delayed in performing our obligations under these Terms and Conditions by anything you (or someone acting on your behalf) have done or failed to do, due to an event beyond our reasonable control.
13.5. You must follow all the advice we give you to maintain in good condition the products that you have received (including any instructions or manuals supplied with the product). We can not accept to be held responsible for damage to products that we have provided and which were caused by your failure to follow these tips.
13.6. In any event, to the extent permitted by law of your country, THE ENGLISH TEA COMPANY shall not be liable directly or indirectly, under these conditions, to:
13.6.1. any loss on any of your activities, including (but not limited to) loss of data, loss of profits, loss of revenue or business interruption;
13.6.2. loss of goodwill or injury to reputation, or
13.6.3. special or indirect losses suffered by you arising directly or indirectly in these Terms, or
13.6.4. all other consequential damages, consequential or otherwise
13.7. THE ENGLISH TEA COMPANY will not be liable in the event of your breach of the applicable laws of the country in which you live, where you order the product or the country in which you are requesting delivery. You are required to comply with all applicable laws and regulations of the country from which you order the products and where the products will be delivered. It is your responsibility to determine whether there are restrictions on the products that you can buy on the website.
13.8. Responsibility of THE ENGLISH TEA COMPANY under these Terms may not exceed 100% of the price of the product (s) you ordered (s) in THE ENGLISH TEA COMPANY plus the cost of delivery of this or these product ( s) at your home.
13.9. THE ENGLISH TEA COMPANY disclaims all representations, warranties, conditions (whether express or implied by law, under the case law or otherwise) to the extent permitted by law. THE ENGLISH TEA COMPANY agrees no responsibility for any loss or damage which may be provided in a reasonable manner, and arising directly or indirectly from this Agreement or your use of the Website,
13.10. Except to the extent required by applicable law, THE ENGLISH TEA COMPANY can not be held liable to anyone for any loss or damage arising from the use of any content or information published on the Website or reliance on such content or this information.
13.11. THE ENGLISH TEA COMPANY can not be held responsible for fees charged by the card issuer or your bank after processing your payment by credit card / debit THE ENGLISH TEA COMPANY in accordance with your order.
13.12. These exclusions are subject to the laws ofEngland,Northern Ireland,ScotlandandWales. In the event that any of these limitations or exclusions of liability would be unlawful, void or for any reason unenforceable, then that provision shall be deemed independent of the other terms and shall not affect the validity and enforceability of the remaining provisions.
14.1. You may not assign or sub-contract or otherwise transfer any of your rights or any of your obligations under these Terms to any third party without the written permission of THE ENGLISH TEA COMPANY.
14.2. THE ENGLISH TEA COMPANY may assign, transfer, perform a novation or subcontract any of its rights and any of its obligations under these terms to any company within the Group THE ENGLISH TEA COMPANY or Group any third party, in its sole discretion, provided that your rights under these Terms are not affected.
15. Rights of third parties
Only you and THE ENGLISH TEA COMPANY are entitled to enforce these Terms. No third party may enforce these Conditions.
No relaxation or delay by the Parties in exercising any right or remedy under these Terms shall be deemed to be a waiver of such right or remedy or shall affect their ability to perform later that right or remedy. Any waiver must be a written agreement between you and the party.
If any of these clauses is struck with illegality, invalidity or unenforceability of any court of competent jurisdiction, the other provisions shall remain in full force and effect.
18. Jurisdiction and applicable law
These Conditions, all transactions and matters arising out of your use of the Website (including any contract between you and THE ENGLISH TEA COMPANY by the website) will be governed by and construed in accordance with the law ofEngland,Northern Ireland,ScotlandandWales.
19. Entire Agreement
19.1 These Terms and any document expressly referred to in them constitute the entire agreement between THE ENGLISH TEA COMPANY and you and supersedes all arrangements, terms, conditions, warranties and / or representations between previous THE ENGLISH TEA COMPANY and yourself related to the subject matter of any contract, to the extent that the law allows, it will be verbal, written or other form.
19.2 In accepting these Conditions (and the documents referred to therein), THE ENGLISH TEA COMPANY yourself and ensure that neither party relies on any representation, warranty or guarantee of any person (whether part of this contract or not) other than those expressly contained in these Terms.
19.3 THE ENGLISH TEA COMPANY agrees and you agree that the rights and remedies which the parties may rely, directly or indirectly arising out of your use of the products, the delivery and / or the Website may be exercised in the event of breach of contract, as provided in these Conditions.
20. Change these Conditions
20.1 THE ENGLISH TEA COMPANY reserves the right, in its sole discretion, to change, modify, add or remove any portion of these Terms at any time without prior notification you send. Any changes to the terms will be posted on the Website by THE ENGLISH TEA COMPANY. The date shown in the header of these Terms shall be amended and shall indicate the last date of revision of these Terms.
20.2 THE ENGLISH TEA COMPANY recommend you to read these Terms regularly to keep you informed of the conditions applicable to your use of the Website and the delivery of your products.
20.3 Your continued access and use your uninterrupted to the Website following any modification or update constitutes your acceptance of the new Terms. It is your responsibility to regularly check the Website and to determine if changes have been made to these Terms.
4.20 Please note that these Terms do not affect your statutory rights as a consumer. For more information on your legal rights, please contact your local authority in charge of commercial standards body or similar consumer advice.
21. Contact Us
If you have any questions, complaints or comments about any product, delivery, the Website or these Terms, please contact us at the following address:
Email: [email protected]
Phone: 01454 534022
For any questions please contact Customer Service at the following address:
THE ENGLISH TEA COMPANY
6 Walnut Close