TERMS AND CONDITIONS
1. I N T R O D U C TION
1.1. This document (together with any documents referred to in it) tells you the terms and
conditions upon which we sell and supply the goods (the Goods) listed on this website (the
'Website') to you.
1.2. Before confirming your order please:
1.2.1. Read through these terms and conditions (the 'Conditions') and in particular our
cancellations and returns policy at clause 12. and limitation of our liability and
your indemnity at clause 16.
1.2.2. Print a copy for future reference.
1.2.3. Read our privacy policy regarding your personal information.
1.3. By ordering any of the Goods listed on this Website, you agree to be legally bound by
these Conditions. You will be unable to proceed with your purchase if you do not accept
these terms and conditions as may be modified or amended and posted on this Website
from time to time.
1.4. We reserve the right to revise and amend the Website, our disclaimers and the Conditions
at any time without notice to you. Your continued use of the Website (or any part thereof)
following a change shall be deemed to be your acceptance of such change. It is your
responsibility to check regularly to determine whether we have changed these Conditions.
2. ABOUT US
2.1. This Website is owned and operated by Drink Teh ltd ('we'/'us'/'our'), a limited company
(trading as Teascent), registered in England and Wales under company number: 7483643
having our registered office at 145-157 John St. London EC1V 4PW UK. Our business
address is 10 Ikona Court St. Georges Avenue, Weybridge, Surrey KT13 0DW UK.
3. COMMUNICATIONS
3.1. You agree that email and other electronic communications can be used as a long-distance
means of communication and acknowledge that all contracts, notices, information and
other communications that we provide to you electronically comply with any legal
requirement that such communications be in writing.
3.2. We will contact you by email or provide you with information by posting notices on our
Website.
4. OVERSEAS ORDERS
4.1. Our Website is only intended for use by customers resident in England, Wales, Scotland
and Northern Ireland (the United Kingdom).
4.2. We can, in our sole discretion, accept orders from individuals located outside the United
Kingdom and ship overseas subject to you paying for the additional shipping or postage
costs. You will have an opportunity to cancel your order in case these costs are not
acceptable.
4.3. If we agree to supply any Goods ordered from the Website for delivery outside the United
Kingdom, they may be subject to import duties and/or additional taxes or expenses
incurred due to complying with foreign regulatory requirements or laws. You will be
responsible for payment of any such duties and/or taxes in addition to our price including
the cost of delivery. Please note that we have no control over these charges and cannot
predict their amount. Please contact your local customs office or taxation authority for
further information before placing your order.
4.4. Please note that when shipping products internationally, you should be aware that crossborder
shipments are subject to opening and inspection by customs authorities. Please
also note that you must comply with all applicable laws and regulations of the country for
which the Goods are destined. We will not be liable for any breach by you of any such
laws.
5. REGISTRATION
5.1. When registering on the Website you must choose a username and password. You are
responsible for all actions taken under your chosen username and password.
5.2. By registering on the Website you undertake:
5.2.1. That all the details you provide to us for the purpose of registering on the Website
and purchasing the Goods are true, accurate, current and complete in all respects
5.2.2. To notify us immediately of any changes to the information provided on registration
or to your personal information
5.2.3. That you are over 18 or if under 18 you have a parent or guardian's permission to
register with and purchase the Goods from this Website in conjunction with and
under their supervision
5.2.4. To only use the Website using your own username and password
5.2.5. To make every effort to keep your password safe
5.2.6. Not to disclose your password to anyone
5.2.7. To change your password immediately upon discovering that it has been
compromised
5.2.8. To neither transfer or sell your username or password to anyone, nor permit, either
directly or indirectly, anyone other than you to use them
5.3. You authorise us to transmit your name, address and other personal information supplied
by you (including updated information) to obtain information from third parties about you,
including, but not limited to, credit reports and so that we may authenticate your identity.
5.4. We reserve the right to terminate an agreement formed with you pursuant to clause 9.
below and to suspend or terminate your access to the Website immediately and without
notice to you if:
5.4.1. You fail to make any payment to us when due
5.4.2. You breach these Conditions (repeatedly or otherwise)
5.4.3. You are impersonating any other person or entity
5.4.4. When requested by us to do so, you fail to provide us within a reasonable time
with sufficient information to enable us to determine the accuracy and validity of
any information supplied by you, or your identity
5.4.5. We suspect you have engaged, or are about to engage, or have in anyway been
involved, in fraudulent or illegal activity on the Website
6. ELIGIBILITY TO PURCHASE FROM THE WEBSITE
6.1. To be eligible to purchase the Goods on this Website and lawfully enter into and form
contracts with us, you must:
6.1.1. Be 18 years of age or over
6.1.2. Be legally capable of entering into a binding contract
6.1.3. Provide full details of a delivery address in the United Kingdom or the European
Economic Area (if you reside in the EEA)
6.2. If you are under 18, you may only use the Website in conjunction with, and under the
supervision of, a parent or guardian. If you do not qualify, you must not use our Website.
7. PRICE
7.1. The prices of the Goods are quoted on the Website.
7.2. Prices for delivery are quoted for delivery in the United Kingdom unless otherwise specified.
7.3. Unless otherwise stated, the prices quoted exclude VAT (we are not VAT registered) and
delivery costs. The delivery costs will be added to the total amount due from you at their
current rate. Details of our delivery charges can be located on our Website.
7.4. We reserve the right, by giving notice to you at any time before delivery or performance of
our obligations to you, to increase the price of the Goods to reflect any increase in the
cost to us due to any factor beyond our control (such as without limitation, any foreign
exchange fluctuation, significant increase in the costs of labour, materials or other costs of
manufacture). In the unlikely event of this occurring, you shall be entitled to cancel the
order at any time before delivery.
8. PAYMENT
8.1. Payment can be made by any major credit or debit card or through an electronic payment
account as explained on the order form.
8.2. By placing an order, you consent to payment being charged to your debit/credit card
account or electronic payment account as provided on the order form.
8.3. Payment will be debited and cleared from your account before the dispatch of the Goods to
you.
8.4. When you pay for your order by card, we carry out certain checks which include obtaining
authorisation from your card issuer to ensure you have adequate funds and for security
reasons. This may involve validating your name, address and other personal information
supplied by you during the order process against appropriate third party databases
including the card issuer, registered credit reference agencies and fraud prevention
agencies.
8.5. By accepting these Conditions you:
8.5.1. Undertake that all the details you provide to us for the purpose of purchasing the
Goods are correct and that the payment card you are using is your own and that
there are sufficient funds to cover the cost of the Goods ordered
8.5.2. Undertake that any and all Goods ordered by you are for your own private or
domestic use only and not for resale
8.5.3. Authorise us to transmit the payment and delivery information provided by you
during the order process (included any updated information) for the purpose of
obtaining authorisation from your card issuer to ensure you have adequate funds,
to authenticate your identity, to validate your payment card and for other security
reasons, such as fraud prevention
8.6. We shall contact you should any problems occur with the authorisation of your card.
8.7. 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 our Website.
9. ORDER PROCESS AND FORMATION OF A CONTRACT
9.1. All orders are subject to acceptance and availability. If any Goods ordered are not
available, you will be notified by email and you will have the option either to wait until the
item is available or to cancel your order. It is your responsibility to provide us with a valid
email address so that we can contact you if necessary.
9.2. Any order placed by you constitutes an offer to purchase the Goods from us. All such
offers received from you are subject to acceptance by us and we reserve the right to refuse
any order placed by you at any time prior to acceptance, without providing an explanation.
9.3. You shall be responsible for ensuring the accuracy of the details provided by you during
the order process and we will not accept an order unless all details requested from you
have been entered correctly.
9.4. You agree that if we contact you to acknowledge receipt of your order such communication
shall not amount to our acceptance of your offer to purchase the Goods ordered by you
from the Website.
9.5. A contract between you and us (the 'Contract') incorporating these Conditions will only
subsist after we have debited your payment card and have confirmed that we have
dispatched the Goods or made them available to be downloaded. We will send you an
email to confirm this (a 'Confirmation Notice'). The Confirmation Notice will amount to an
acceptance of your offer to buy the Goods from us. The Contract will only be formed when
we send you the Confirmation Notice (whether or not you receive it).
9.6. Where we agree to supply Goods to you permanently or on an ongoing (continuous) basis,
such as by subscription, they shall be provided for a minimum fixed period of time (the
'Minimum Duration'). The length of the Minimum Duration will depend on which package or
product you have selected to purchase and is provided on the Website.
9.7. The Contract will relate only to the Goods stated in the Confirmation Notice. We will not
be obliged to supply any other Goods which may have been part of your order until we have
sent you a separate Confirmation Notice relating to it.
9.8. You must check that the details contained in the Confirmation Notice are correct and you
should print out and keep a copy of it.
9.9. You will be subject to the version of our policies and Conditions in force at the time that
you order the Goods from us, unless:
9.9.1. Any change to those policies or these Conditions is required to be made by law or
governmental authority
9.9.2. We notify you of any change to our policies or these Conditions before we send
you the Confirmation Notice, in which case, we are entitled to assume that you
have accepted it, unless we receive written notification from you to the contrary
within seven working days of receipt of the Confirmation Notice
10. DELIVERY
10.1. The Goods will be delivered to you at the address you provided during the order process
which may be an address other than the billing address, but please note that extra
documentation may be needed to comply with such orders.
10.2. We employ professional carriers. Nevertheless, you must examine the Goods on arrival. If
you are asked for your signature on delivery, you must examine the Goods before signing
for it.
10.3. Any dates quoted for delivering the Goods are approximate only. If no date is specified
then it will take place within 30 days or a reasonable time of the date of the Confirmation
Notice, unless there are exceptional circumstances.
10.4. We shall not be liable for any delay in delivering the Goods, however caused.
10.5. The Goods may be sent to you in instalments.
10.6. For Christmas deliveries, we recommend that you check our Website for the last date of
delivery. We will endeavour to dispatch all Goods that are in stock within 24 hours.
However, we cannot guarantee delivery by 24th December.
11. RISK AND TITLE
11.1. The Goods will be at your risk from the time of delivery.
11.2. Ownership of the Goods will only pass to you when we receive full payment of all sums
due in respect of them including the cost of delivery.
12. CANCELLING YOUR CONTRACT AND RETURNS
12.1. Cancelling before receiving a Confirmation Notice.
12.1.1. You may cancel your order for the Goods at any time prior to receiving a
Confirmation Notice from us so long as you contact us in writing. You can send us
a cancellation notice by sending an email to Jordan@teascent.co.uk or a letter to
10 Ikona Court St. Georges Avenue, Weybridge, Surrey KT13 0DW UK. Your
cancellation notice must quote your name, address, the name or a description of
the goods and your order reference number.
12.2. Cancellation after receiving a Confirmation Notice.
12.2.1. You are entitled to cancel your Contract at any time prior to receiving the Goods
so long as you provide us with written notice or, if you have received the Goods, so
long as you provide us with written notice at anytime within 7 working days
starting from the day after you received the Goods. You can send your
cancellation notice by email to Jordan@teascent.co.uk or a letter to 10 Ikona
Court St. Georges Avenue, Weybridge, Surrey KT13 0DW UK. Your cancellation
notice must quote your name, address, the name or a description of the Goods
and your order reference number.
12.2.2. Upon receiving your cancellation notice, we will contact you and provide details of
where you must return the Goods and other relevant instructions. You must then
immediately return the Goods to us at your own cost and risk. We reserve the
right, at our option, to collect the Goods from you. If we wish to collect the Goods
we will notify you of when they will be collected by us. We will charge you for the
cost of collecting the Goods and will deduct this from any sum owed by us to you.
12.2.3. The Goods must be returned to us in the same condition in which you received
them until such time as the Goods are either collected by us or delivered back to
us by you. You must return the Goods with its original packaging and the original
invoice. You have a legal obligation to take reasonable care of the Goods whilst
they are in your possession. If you fail to comply with this obligation, we may have
a right of action against you for compensation.
12.3. Exception to the right to cancel
You will not have a right to cancel an order for any goods or services purchased from us, in the
following situations:
12.3.1. If you expressly agree to us beginning to provide any services before the end of the
cancellation period.
12.3.2. The Contract is for goods which are bespoke or have been personalised or which
may deteriorate (such as food)
12.3.3. The Contract is for goods and/or services the price of which is dependent on
fluctuations in the financial market which cannot be controlled by us
12.3.4. The Contract is for the sale of land, auctions and financial service agreements
12.3.5. The Contract is for the supply of:
12.3.5.1. Audio or video recordings and computer software if unsealed by you
12.3.5.2. Audio or video recordings and software and other items that you have
successfully downloaded where a free trial or demonstration was available
to you to view or download
12.3.5.3. Newspapers, magazines and other periodicals
12.3.5.4. Gaming, betting and lottery services
12.4. Damaged, faulty or wrongly delivered goods
12.4.1. We will offer you a refund of the full purchase price, including the cost of delivery
for sending the goods to you, and the cost incurred by you in returning the Goods
to us, if it:
12.4.1.1. Has been damaged on delivery
12.4.1.2. Is in a faulty condition
12.4.1.3. Develops a fault within 14 days of delivery
12.4.1.4. Has been delivered to you in error
12.4.2. provided that you return the Goods to us and we are reasonably satisfied that the
Goods have not suffered damage after delivery or have not been misused or used
other than in accordance with the instructions or the problem is not due to normal
wear and tear.
12.4.3. Alternatively, at your option, instead of a refund (and subject to returning the
Goods as required under this clause) we will replace the Goods with the same or a
similar product (subject to stock availability).
12.4.4. Sometimes the product specifications from the manufacturer may change, in
which case, if you request a replacement, we will do our best to offer you a
substitute of the same or better quality at the same price. If you are not happy
with the replacement, you can return the Goods to us.
12.4.5. In order to claim a refund or replacement item please send us a cancellation
notice as soon as you become aware of a problem and no later than 5 working
days after receipt or the fault developing by email to Jordan@teascent.co.uk or a
letter to 10 Ikona Court St. Georges Avenue, Weybridge, Surrey KT13 0DW UK.
Your cancellation notice must quote your name, address, the name or a
description of the Goods, a brief description of the problem, fault or damage and
your order reference number.
12.4.6. Upon receiving your cancellation notice, we will contact you and provide details of
where you must return the Goods and other relevant instructions. You must then
immediately return the Goods to us. We reserve the right, at our option, to collect
the Goods from you. If we wish to collect the Goods we will notify you of when
they will be collected by us.
12.5. Incorrectly priced or described goods
12.5.1. Whilst we try and ensure that all the information on our Website is accurate,
errors may occur. In the unlikely event that the price and/or description of an item
listed on the Website has been incorrectly advertised, we will not be under any
obligation to sell or provide those goods to you.
12.5.2. If we discover the error before sending you a Confirmation Notice we will at our
discretion, either reject your order and notify you of such rejection, or inform you
as soon as possible and give you the option of cancelling your order or
reconfirming it at the correct price and/or description. If we give you the option of
cancelling your order or reconfirming it at the correct price and/or description but
either cannot contact you or do not receive your response within 14 days of
sending you notification (whether or not you receive it), we will reject your order.
12.5.3. If we discover the error after sending you a Confirmation Notice we may, at our
discretion and without incurring any liability to you, cancel the Contract provided
that the error is, in our reasonable opinion, obvious and unmistakable and could
have reasonably been recognised by you. We will notify if we cancel the Contract.
12.5.4. If your order is cancelled or rejected and you have already paid for the Goods, you
will receive a full refund in accordance with clause 12.7.
12.6. D e l i v e r y by instalments
12.6.1. The Goods may be sent to you in instalments. You may cancel the outstanding
part of your order and receive a refund, if you have already paid, of the purchase
price of the outstanding Goods in accordance with clause 12.7.
12.7. Processing refunds
12.7.1. We will examine any returned Goods and will notify you about your refund or
replacement item via email within a reasonable period of time. We will usually
process a refund or delivery of a replacement item as soon as possible and, in any
case, within 30 days of the day we confirmed to you via e-mail that you are
entitled to it. Refunds will be made by crediting the payment card or electronic
payment account you used to purchase the Goods.
12.7.2. We reserve the right to refuse to issue a refund or replacement and to recover the
cost of returning or collecting the Goods in the event that the Goods are found to
have suffered damage after delivery or have been misused or used other than in
accordance with the instructions or if the problem is due to normal wear and tear
or if the Goods have not been returned with its original packaging. This does not
affect your statutory rights.
13. COMPLAINTS
13.1. If you have a comment, concern or complaint about any Goods you have purchased from
us, please contact us via email at Jordan@teascent.co.uk or by post at 10 Ikona Court St.
Georges Avenue, Weybridge, Surrey KT13 0DW UK.
14. INTELLECTUAL PROPERTY
14.1. The content of the Website is protected by copyright (including design copyrights), trade
marks, patent, database and other intellectual property rights and similar proprietary rights
which include, (without limitation), all rights in materials, works, techniques, computer
programs, source codes, data, technical information, trading business brand names,
goodwill, service marks utility models, semi-conductor topography rights, the style or
presentation of the goods or services, creations, inventions or improvements upon or
additions to an invention, confidential information, know-how and any research effort
relating to Drink Teh ltd (trading as Teascent), moral rights and any similar rights in any
country (whether registered or unregistered and including applications for and the right to
apply for them in any part of the world) and you acknowledge that the intellectual property
rights in the material and content supplied as part of the Website shall remain with us or
our licensors.
14.2. You may download or copy the content and other downloadable items displayed on the
Website subject to the condition that the material may only be used for personal noncommercial
purposes. Copying or storing the contents of the Website for other than
personal use is expressly prohibited.
14.3. You may retrieve and display the content of the Website on a computer screen, store such
content in electronic form on disk (but not any server or other storage device connected to
a network) or print one copy of such content for your own personal, non-commercial use,
provided you keep intact all and any copyright and proprietary notices. You may not
otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the
materials or content on the Website.
14.4. You acknowledge that any other use of the material and content of this Website is strictly
prohibited and 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 from such material and content.
14.5. No licence is granted to you in these Conditions to use any of our trade marks or those of
our affiliated companies.
14.6. Goods sold by us and Website content may be subject to copyright, trade mark or other
intellectual property rights in favour of third parties. We acknowledge those rights.
15. WEBSITE USE
15.1. You are permitted to use the Website and the material contained in it only as expressly
authorised by us under our terms of use.
16. LIABILITY AND INDEMNITY
16.1. Notwithstanding any other provision in the Conditions, nothing will affect or limit your
statutory rights; or will exclude or limit our liability for:
16.1.1. Death or personal injury resulting from our negligence
16.1.2. Fraud or fraudulent misrepresentation
16.1.3. Action pursuant to section 2(3) of the Consumer Protection Act 1987
16.1.4. Any matter for which it would be unlawful for us to exclude or attempt to exclude
our liability
16.2. The Website is provided on an 'as is' and 'as available' basis without any representation or
endorsement made and we make no warranties or guarantees, whether express or implied,
statutory or otherwise (unless otherwise expressly stated in these Conditions or required
by law) in relation to the information, materials, content or services found or offered on the
Website for any particular purpose or any transaction that may be conducted on or through
the Website including but not limited to, implied warranties of non-infringement,
compatibility, timeliness, performance, security, accuracy, condition or completeness, or
any implied warranty arising from course of dealing or usage or trade custom.
16.3. We will not be liable if the Website is unavailable at any time.
16.4. We make no representation or warranty of any kind express or implied statutory or
otherwise regarding the availability of the Website or that it will be timely or error-free, that
defects will be corrected, or that the Website or the server that makes it available are free
of viruses or bugs.
16.5. We will not be responsible or liable to you for any loss of content or material uploaded or
transmitted through the Website and we accept no liability of any kind for any loss or
damage resulting from action taken in reliance on material or information contained on the
Website.
16.6. We cannot guarantee and cannot be responsible for the security or privacy of the Website
and any information provided by you. You must bear the risk associated with the use of the
internet. In particular, we will not be liable for any damage or loss caused by a distributed
denial-of-service attack, any viruses trojans, worms, logic bombs, keystroke loggers,
spyware, adware or other material which is malicious or technologically harmful that may
infect your computer, peripheral computer equipment, computer programs, data or other
proprietary material as a result of your use of the Website or you downloading any material
posted or sold on the Website or from any website linked to it.
16.7. We will use all reasonable endeavours to carry out our obligations within a reasonable
period of time but will not be liable to you for any loss, costs or expenses arising directly
or indirectly from any delays in doing so.
16.8. We will not be liable, in contract or tort (including, without limitation, negligence),
or in respect of pre-contract or other representations (other than fraudulent
misrepresentations) or otherwise for:
16.8.1. any economic losses (including without limitation loss of revenues, profits,
contracts, business or anticipated savings and any other consequential
loss); or
16.8.2. any loss of goodwill or reputation; or
16.8.3. a n y s p e cial or indirect losses; or
16.8.4. any loss of data; or
16.8.5. wasted management or office time; or
16.8.6. any other loss or damage of any kind
suffered or incurred arising out of or in connection with the provision of any
matter under these Conditions and/or the Contract and/or the
use of this Website or any aspect related to your purchase of the
Goods even if such losses are foreseeable or result from a deliberate
breach of these Conditions by us that would entitle you to terminate the Contract between us
or as a result of any action we have taken in response to your
breach of these Conditions. Without prejudice to the terms of this
clause and in the event that we are unable to rely upon it, our liability for all and any
losses you suffer as a result of us breaking the Contract, whether or not
deliberate, including those listed in clauses 16.8.1. to 16.8.6., is strictly limited to
the purchase price of the Goods you purchased.
16.9. You agree to fully indemnify, defend and hold us, and our officers, directors, employees
and suppliers, harmless immediately on demand, from and against all claims, including but
not limited to losses (including loss of profit, revenue, goodwill or reputation), costs and
expenses, including reasonable administrative and legal costs, arising out of any breach of
these Conditions by you, or any other liabilities arising out of your use of this Website or
any other person accessing the Website using your personal information with your
authority.
16.10. This clause does not affect your statutory rights as a consumer, nor does it affect your
contractual cancellation rights.
17. FORCE MAJEURE
17.1. We shall have no liability for delays or failures in delivery or performance of our obligations
to you resulting from any act, events, omissions, failures or accidents that are outside of
our control ('Force Majeure'), which, without limitation, include:
17.1.1. Strikes, lock-outs or other industrial action
17.1.2. Shortages of labour, fuel, power, raw materials
17.1.3. Late, defective performance or non-performance by suppliers
17.1.4. Private or public telecommunication, computer network failures or breakdown of
equipment
17.1.5. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war
(whether declared or not) or threat or preparation for war.
17.1.6. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural
disaster or extreme weather conditions.
17.1.7. Impossibility of the use of railways, shipping, aircraft, motor transport or other
means of public or private transport.
17.1.8. Acts, decrees, legislation, regulations or restrictions of any government
17.1.9. Other causes, beyond our reasonable control
17.2. Our performance will be deemed to be suspended for the period that the event of Force
Majeure continues, and we will have an extension of time for performance for the duration
of that period. We will use our reasonable endeavours to minimise any delay caused by
Force Majeure or to find a solution by which our obligations may be performed despite the
Force Majeure event. We shall promptly notify you of any Force Majeure event giving
details of it and (where possible) the extent and likely duration of any delay.
17.3. Where the period of non-performance or delay in relation to any event of Force Majeure
exceeds 30 days from the date of notice to you of the event of Force Majeure, either you or
us may, by written notice to the other, terminate the Contract with immediate effect upon
service.
18. PRIVACY POLICY
18.1. In order to monitor and improve customer service, we sometimes record telephone calls.
18.2. We shall be entitled to process your data in accordance with the terms of our Privacy
Policy. Please view this document for further information. All information provided by you
will be treated securely and in accordance with the Data Protection Act 1998 (as
amended).
18.3. You can find full details of our Privacy Policy on the Website.
19. THIRD PARTY RIGHTS
19.1. Except for our affiliates, directors, employees or representatives, a person who is not a
party to the Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to
enforce any term of the Contract but this does not affect any right or remedy of a third
party that exists or is available apart from that Act.
20. EXTERNAL LINKS
20.1. To provide increased value and convenience to our users, we may provide links to other
websites or resources for you to access at your sole discretion and risk. 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 in any way, whether directly or indirectly, for:
20.1.1. The privacy practices of such websites
20.1.2. 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
20.1.3. The use which others make of these websites; or
20.1.4. A n y d a m age, loss or offence caused or alleged to be caused to you, arising from
or in connection with the use of or reliance upon any such advertising, content,
products, goods, materials or services available on and/or purchased by you from
such external websites or resources
21. LINKING TO THE WEBSITE
21.1. You must not create a link to the Website from another website, document or any other
source without first obtaining our prior written consent.
21.2. Any agreed link must be:
21.2.1. To the Website's homepage
21.2.2. Established from a website or document that is owned by you and does not
contain content that is offensive, controversial, infringes any intellectual property
rights or other rights of any other person or does not comply in any way with the
law in the UK and the law in any country from which they are hosted
21.2.3. Provided in such a way that is fair and legal and does not damage our reputation
or take advantage of it
21.2.4. Established in such a way that does not suggest any form of association, approval
or endorsement on our part where none exists
21.3. We have no obligation to inform you if the address of the Website home page changes and
it is your responsibility to ensure that any link you provide to our homepage is at all times
accurate.
21.4. We reserve the right to withdraw our consent without notice and without providing any
reasons for withdrawal. Upon receiving such notice you must immediately remove the link
and inform us once this has been done.
22. NOTICES
22.1. All notices given by you to us must be given to us at 10 Ikona Court St. Georges Avenue,
Weybridge, Surrey KT13 0DW UK or by using Jordan@teascent.co.uk. We may give
notice as described in clause 3.
22.2. Notice will be deemed received and properly served immediately when posted on our
Website, 24 hours after an email is sent, or three days after the date of posting of any
letter. In proving the service of any notice, it will be sufficient to prove, in the case of a
letter, that such letter was properly addressed, stamped and placed in the post and, in the
case of an email, that such email was sent to the specified email address of the
addressee.
23. ENTIRE AGREEMENT
23.1. The Contract represents the entire agreement between us in relation to the subject matter
of the Contract and supersede any prior agreement, understanding or arrangement
between us, whether oral or in writing.
23.2. We each acknowledge that, in entering into a Contract, neither of us has relied on any
express or implied representation, undertaking or promise given by the other from anything
said or written in any negotiations between us prior to such Contract except as has been
expressly incorporated in such Contract.
23.3. Neither of us shall have any remedy in respect of any untrue statement made by the other,
whether orally or in writing, prior to the date of any Contract (unless such untrue statement
was made fraudulently) and the other party's only remedy shall be for breach of contract as
provided in these Conditions.
24. GENERAL
24.1. We reserve the right to change the domain address of this Website and any services,
products, product prices, product specifications and availability at any time.
24.2. All prices and descriptions supersede all previous publications. All product descriptions are
approximate.
24.3. Every effort is made to keep information regarding stock availability on the Website up to
date. However, we do not guarantee that this is the case, or that stock will always be
available.
24.4. If any provision of these terms and conditions is held by any competent authority to be
invalid or unenforceable in whole or in part, the validity of the other provisions of the
Contract and the remainder of the provision in question will not be affected.
24.5. All Contracts are concluded and available in English only.
24.6. If we fail, at any time during the term of a Contract, to insist upon strict performance of any
of your obligations under it or any of these terms and conditions, or if we fail to exercise
any of the rights or remedies to which we are entitled under the Contract, this shall not
constitute a waiver of such rights or remedies and shall not relieve you from compliance
with your obligations.
24.7. A waiver by us of any default shall not constitute a waiver of any subsequent default.
24.8. No waiver by us of any of these Conditions or of any other term of a Contract shall be
effective unless it is expressly stated to be a waiver and is communicated to you in writing
in accordance with clause 3.
24.9. Any Contract between you and us is binding on you and us and on our respective
successors and assigns. You may not transfer, assign, charge or otherwise dispose of
the Contract, or any of your rights or obligations arising under it, without our prior written
consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a
Contract, or any of our rights or obligations arising under it, at any time during the term of
the Contract.
25. GOVERNING LAW AND JURISDICTION
25.1. The Website is controlled and operated in the United Kingdom.
25.2. Every purchase you make shall be deemed performed in England and Wales.
25.3. The Conditions and any Contract brought into being as a result of usage of this Website
will be governed by the laws of England and Wales and you irrevocably agree to submit to
the exclusive jurisdiction of the courts of England and Wales.
Website - terms and conditions of use
Please read these terms and conditions carefully as they contain important information about
your rights and obligations when using this website (the 'Website') and in particular clause
10.3.
The Website is owned and operated by Drink Teh ltd ('we'/'us'/'our'), a limited company (trading as
Teascent), registered in England and Wales under company number: 7483643 having our registered
office at 145-157 John St. London EC1V 4PW UK. Our business address is 10 Ikona Court St. Georges
Avenue, Weybridge, Surrey KT13 0DW UK.
The term 'you' refers to the user or viewer of our Website.
By browsing on or using the Website you are agreeing to comply with and be bound by these terms and
conditions which, together with our privacy policy, governs our relationship with you regarding the use of
our Website.
1. ACCESS
1.1. You will be able to access parts of the Website without having to register any details with
us. However, from time to time certain areas of this Website may be accessible only if you
are a registered user.
1.2. You are responsible for making all arrangements necessary for you to have access to our
Website. You are also responsible for ensuring that all persons who access our Website
through your internet connection are aware of these terms, and that they comply with
them.
1.3. We make reasonable efforts to ensure that this Website is available to view and use 24
hours a day throughout each year however, this is not guaranteed. The Website may be
temporarily unavailable at anytime because of: server or systems failure or other technical
issues; reasons that are beyond our control; required updating, maintenance or repair
1.4. Where possible we will try to give you advance warning of maintenance issues but shall
not be obliged to do so.
2. REGISTERING ON THIS WEBSITE
2.1. When registering on the Website you must choose a username and password. You are
responsible for all actions taken under your chosen username and password.
2.2. By registering on the Website you undertake:
2.2.1. That all the details you provide to us for the purpose of registering on the Website
are true, accurate, current and complete in all respects
2.2.2. You will notify us immediately of any changes to the information provided on
registration
2.2.3. You are over 18 or if under 18 you have a parent or guardian's permission to
register with the Website in conjunction with and under their supervision
2.2.4. To only use the Website using your own username and password
2.2.5. To make every effort to keep your password safe
2.2.6. Not to disclose your password to anyone
2.2.7. To change your password immediately upon discovering that it has been
compromised
2.2.8. To neither transfer or sell your username or password to anyone, nor permit, either
directly or indirectly, anyone other than you to use them
2.3. You authorise us to transmit your name, address and other personal information supplied
by you (included updated information) to obtain information from third parties about you,
including, but not limited to, credit reports and so that we may authenticate your identity.
3. ELIGIBILITY TO PURCHASE FROM THE WEBSITE
3.1. To be eligible to purchase the Goods on this Website and lawfully enter into and form
contracts with us, you must:
3.1.1. Be 18 years of age or over
3.1.2. Be legally capable of entering into a binding contract
3.1.3. Provide full details of a delivery address in the United Kingdom or the European
Economic Area, (if you reside in the EEA)
3.2. If you are under 18, you may only use the Website in conjunction with, and under the
supervision of, a parent or guardian. If you do not qualify, you must not use our Website.
4. INTELLECTUAL PROPERTY
4.1. The content of the Website is protected by copyright (including design copyrights), trade
marks, patent, database and other intellectual property rights and similar proprietary rights
which include, (without limitation), all rights in materials, works, techniques, computer
programs, source codes, data, technical information, trading business brand names,
goodwill, service marks utility models, semi-conductor topography rights, the style or
presentation of the goods or services, creations, inventions or improvements upon or
additions to an invention, confidential information, know-how and any research effort
relating to Drink Teh ltd (trading as Teascent), moral rights and any similar rights in any
country (whether registered or unregistered and including applications for and the right to
apply for them in any part of the world).
4.2. You acknowledge that the intellectual property rights in the material and content supplied
as part of the Website shall remain with us or our licensors.
4.3. You may download or copy the content and other downloadable items displayed on the
Website subject to the condition that the material may only be used for personal noncommercial
purposes. Copying or storing the contents of the Website for other than
personal use is expressly prohibited.
4.4. You may retrieve and display the content of the Website on a computer screen, store such
content in electronic form on disk (but not any server or other storage device connected to
a network) or print one copy of such content for your own personal, non-commercial use,
provided you keep intact all and any copyright and proprietary notices.
4.5. You may not otherwise reproduce, modify, copy or distribute or use for commercial
purposes any of the materials or content on the Website.
4.6. You acknowledge that any other use of the material and content of this Website is strictly
prohibited and 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 from such material and content.
4.7. No licence is granted to you to use any of our trade marks or those of our affiliated
companies.
5. DISCLAIMER
5.1. It shall be your responsibility to ensure that any products, services or information available
through the Website meet your specific requirements.
5.2. We will not be liable to you if the Website is unavailable at any time.
5.3. We attempt to ensure that the information available on the Website at any time is
accurate. However, we do not guarantee the accuracy or completeness of material on this
Website. We use all reasonable endeavours to correct errors and omissions as quickly as
practicable after becoming aware or being notified of them. We make no commitment to
ensure that such material is correct or up to date.
5.4. All drawings, images, descriptive matter and specifications on the Website are for the sole
purpose of giving an approximate description for your general information only and should
be used only as a guide.
5.5. Any prices and offers are only valid at the time they are published on the Website.
5.6. All prices and descriptions supersede all previous publications.
5.7. Every effort is made to keep information regarding stock availability on the Website up to
date. However, we do not guarantee that this is the case, or that stock will always be
available.
5.8. The Website is provided on an 'as is' and 'as available' basis without any representation or
endorsement made and we make no warranties or guarantees, whether express or implied,
statutory or otherwise (unless otherwise expressly stated in these terms and conditions or
required by law) in relation to the information, materials, content or services found or
offered on the Website for any particular purpose or any transaction that may be
conducted on or through the Website including but not limited to, implied warranties of
non-infringement, compatibility, timeliness, performance, security, accuracy, condition or
completeness, or any implied warranty arising from course of dealing or usage or trade
custom.
5.9. We make no representation or warranty of any kind express or implied statutory or
otherwise regarding the availability of the Website or that it will be timely or error-free, that
defects will be corrected, or that the Website or the server that makes it available are free
of viruses or bugs.
5.10. We will not be responsible or liable to you for any loss of content or material uploaded or
transmitted through the Website and we accept no liability of any kind for any loss or
damage from action taken in reliance on material or information contained on the Website.
5.11. We cannot guarantee and cannot be responsible for the security or privacy of the Website
and any information provided by you.
5.12. You must bear the risk associated with the use of the internet. In particular, we will not be
liable for any damage or loss caused by a distributed denial-of-service attack, any viruses
trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which
is malicious or technologically harmful that may infect your computer, peripheral computer
equipment, computer programs, data or other proprietary material as a result of your use of
the Website or you downloading any material posted or sold on the Website or from any
website linked to it.
5.13. We reserve the right to disclose such information to law enforcement authorities as we
reasonably feel is necessary should you breach this agreement.
6. U S E O F T H E WEBSITE
6.1. You are permitted to use the Website and the material contained in it only as expressly
authorised by us and in accordance with these terms and conditions, as may be amended
from time to time without notice to you.
6.2. We provide access and use of the Website on the basis that we exclude all
representations, warranties and conditions to the maximum extent permitted by law.
6.3. We reserve the right to:
6.3.1. Make changes to the information or materials on this Website at any time and
without notice to you.
6.3.2. Temporarily or permanently change, suspend or discontinue any aspect of the
Website, including the availability of any features, information, database or content
or restrict access to parts of or the entire Website without notice or liability to you
or any third party.
6.3.3. Refuse to post material on the Website or to remove material already posted on
the Website
6.4. You may not use the Website for any of the following purposes:
6.4.1. Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful,
vulgar, obscene, or otherwise objectionable material
6.4.2. Transmitting material that encourages conduct that constitutes a criminal offence,
results in civil liability or otherwise
6.4.3. Breaching any applicable local, national or international laws, regulations or code
of practice
6.4.4. Gaining unauthorised access to other computer systems
6.4.5. Interfering with any other person's use or enjoyment of the Website
6.4.6. Breaching any laws concerning the use of public telecommunications networks
6.4.7. Interfering with, disrupting or damaging networks or websites connected to the
Website
6.4.8. Utilisation of data mining, robots or similar data gathering and extraction tools to
extract (whether once or many times) for re-utilisation of any substantial parts of
the Website
6.4.9. To transmit, or procure the sending of, any unsolicited or unauthorised advertising
or promotional material or any other form of similar solicitation
6.4.10. To create and/or publish your own database that features all or substantial parts of
the Website
6.4.11. Making, transmitting or storing electronic copies of materials protected by
copyright without the prior permission of the owner
6.5. In addition, you must not:
6.5.1. Knowingly introduce viruses, trojans, worms, logic bombs, keystroke loggers,
spyware, adware or other material which is malicious or technologically harmful to
the Website
6.5.2. Attempt to gain unauthorised access to the Website, the server on which the
Website is stored or any server, computer or database connected to it
6.5.3. Attack the Website via a denial-of-service attack or a distributed denial-of service
attack
6.5.4. Damage or disrupt any part of the Website, any equipment or network on which
the Website is stored or any software used for the provision of the Website
6.6. A breach of this clause may be a criminal offence under the Computer Misuse Act 1990.
We may report any such breach to the relevant law enforcement authorities and disclose
your identity to them. In the event of such a breach, your right to use the Website will
cease immediately.
7. S U S P E N D ING OR TERMINATING YOUR ACCESS
7.1. We reserve the right to terminate or suspend your access to the Website immediately and
without notice to you if:
7.1.1. You fail to make any payment to us when due
7.1.2. You breach the terms of these terms and conditions (repeatedly or otherwise)
7.1.3. You are impersonating any other person or entity
7.1.4. When requested by us to do so, you fail to provide us within a reasonable time
with sufficient information to enable us to determine the accuracy and validity of
any information supplied by you, or your identity
7.1.5. We suspect you have engaged, or about to engage, or have in anyway been
involved, in fraudulent or illegal activity on the Website
8. LINKING TO THE WEBSITE
8.1. You must not create a link to the Website from another website, document or any other
source without first obtaining our prior written consent.
8.2. Any agreed link must be:
8.2.1. To the Website's homepage
8.2.2. Established from a website or document that is owned by you and does not
contain content that is offensive, controversial, infringes any intellectual property
rights or other rights of any other person or does not comply in any way with the
law in the UK and the law in any country from which they are hosted
8.2.3. Provided in such a way that is fair and legal and does not damage our reputation
or take advantage of it
8.2.4. Established in such a way that does not suggest any form of association, approval
or endorsement on our part where none exists
8.3. We have no obligation to inform you if the address of the Website home page changes and
it is your responsibility to ensure that any link you provide to our homepage is at all times
accurate.
8.4. We reserve the right to withdraw our consent without notice and without providing any
reasons for withdrawal. Upon receiving such notice you must immediately remove the link
and inform us once this has been done.
9. EXTERNAL LINKS
9.1. To provide increased value and convenience to our users, we may provide links to other
websites or resources for you to access at your sole discretion and risk. 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 in any way, whether directly or indirectly, for:
9.1.1. The privacy practices of such websites
9.1.2. 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
9.1.3. The use which others make of these websites
9.1.4. Any damage, loss or offence caused or alleged to be caused to you, arising from
or in connection with the use of or reliance upon any such advertising, content,
products, goods, materials or services available on and/or purchased by you from
such external websites or resources
10. LIMITATION OF LIABILITY AND INDEMNITY
10.1. Notwithstanding any other provision in these terms and conditions, nothing will affect or
limit your statutory rights; or will exclude or limit our liability for:
10.1.1. Death or personal injury resulting from our negligence
10.1.2. Fraud or fraudulent misrepresentation
10.1.3. Action pursuant to section 2(3) of the Consumer Protection Act 1987
10.1.4. Any matter for which it would be unlawful for us to exclude or attempt to exclude
our liability
10.2. We will not be liable, in contract or tort (including, without limitation, negligence), or in
respect of pre-contract or other representations (other than fraudulent or negligent
misrepresentations) or otherwise for the below mentioned losses which you have suffered
or incurred arising out of or in connection with the provision of any matter in these terms
and conditions even if such losses are forseeable or result from a deliberate breach by us
or as a result of any action we have taken in response to your breach:
10.2.1. Any economic losses (including without limitation loss of revenues, profits,
contracts, business or anticipated savings)
10.2.2. Any loss of goodwill or reputation; or
10.2.3. Any special or indirect losses; or
10.2.4. Any loss of data
10.2.5. Wasted management or office time
10.2.6. Any other loss or damage of any kind
10.3. You agree to fully indemnify, defend and hold us, and our officers, directors, employees
and suppliers, harmless immediately on demand, from and against all claims, including but
not limited to losses (including loss of profit, revenue, goodwill or reputation), costs and
expenses, including reasonable administrative and legal costs, arising out of any breach of
these terms and conditions by you, or any other liabilities arising out of your use of this
Website or any other person accessing the Website using your personal information with
your authority.
10.4. This clause does not affect your statutory rights as a consumer.
11. GENERAL
11.1. We reserve the right to change the domain address of this Website and any services,
products, product prices, product specifications and availability at any time.
11.2. If any provision of these terms and conditions is held by any competent authority to be
invalid or unenforceable in whole or in part, the validity of the other provisions in these
terms and conditions and the remainder of the provision in question will not be affected.
11.3. All Contracts are concluded and available in English only.
11.4. If we fail, at any time to insist upon strict performance of any of your obligations under
these terms and conditions, or if we fail to exercise any of the rights or remedies to which
we are entitled under these terms and conditions, it shall not constitute a waiver of such
rights or remedies and shall not relieve you from compliance with your obligations.
11.5. A waiver by us of any default shall not constitute a waiver of any subsequent default.
11.6. No waiver by us of any of these terms and conditions shall be effective unless it is
expressly stated to be a waiver and is communicated to you in writing.
12. GOVERNING LAW AND JURISDICTION
12.1. The Website is controlled and operated in the United Kingdom.
12.2. These terms and conditions will be governed by the laws of England and Wales and you
irrevocably agree to submit to the exclusive jurisdiction of the courts of England and
Wales.