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PLACING AN ORDER By placing an order with us you will be deemed to have read, understood and agreed to these Terms and Conditions. These are the terms on which we do business. They do not affect your statutory rights. They are designed to set out clearly our responsibilities and your rights. If you are unhappy with any aspect of these, then you should contact one of our customer service advisors info@emeyu.com before placing an order with us.
1. Formation of contract A contract is formed between us when (and not before) we notify you by e-mail that your order has been accepted. Your order will not be accepted until we receive authorisation of your credit card payment. We reserve the right not to accept any order for any reason. In such event, your credit card will be credited with the amount debited in respect of your order.
2. Price and payment The price of the ordered goods including any value added tax (if applicable) shall be as set out in the on-line order form. The cost of delivery shall, subject to condition 3, also be set out in the on-line order form. All payments shall be in pounds Sterling. Where the price of goods appears on this website in another currency, such price is indicative only and the pounds Sterling price quoted in the on-line order form shall be the actual price of the ordered goods.
3. Large orders We are unable to quote online for the cost of delivery for any order in excess of 30kg. In such event, the delivery on the on-line order form will be shown as the rate for orders below 30kg and we will contact you within 48 hours to advise of the proposed delivery charge before the ordered goods are despatched. You will have the option to accept and pay such charge or cancel the order, in which event your credit card will be credited with the amount debited in respect of your order.
4. Delivery The ordered goods will be delivered to the delivery address entered by you on the on-line order form. Goods will normally be despatched within 3-5 working days of acceptance of your order unless otherwise indicated on this website. However, we shall not be liable for any delay in delivery. If we fail to despatch any ordered goods within 30 days of acceptance of your order (or such longer period for delivery as may be specified on this website in relation to such goods), we shall refund in full your payment in respect of such goods. We are currently nor deliverying goods to the United States.
5. Passing of risk Risk of damage to, or loss of, ordered goods shall pass to you at the time of delivery.
6. Warranties We warrant that, at the time of delivery, the ordered goods will, subject as hereinafter provided, correspond with the description on this website, will be free from defects in materials and workmanship and will be of satisfactory quality (within the meaning of the Sale and Supply of Goods Act 1994). Provided that, whilst we try to depict goods as accurately as possible, there may on occasions be minor discrepancies in the appearance and description between the goods on this website and the goods delivered to you and we shall not be liable for any such minor discrepancies. All other warranties are excluded to the fullest extent permitted by law.
7. Alternative goods If we are unable to supply any goods ordered by you, we will not accept your order but we may contact you and offer you alternative goods. If you are not offered alternative goods within 7 days or you do not accept our offer of alternative goods, your order will be cancelled and your credit card will be credited with the amount debited in respect of your order. Our returns policy as set out in condition 11 will apply to any alternative goods despatched to you.
8. Warranty claims Any claim by you that any ordered goods fail to correspond with the description on this website or that they are defective or not of satisfactory quality, must be notified to us by e-mail or letter within 7 days from the date of delivery. If delivery is not refused, or you do not notify us accordingly, we shall have no liability for such failure or defect unless the goods were not of satisfactory quality at the time of delivery.
9. Refunds and replacements If you make a valid claim under condition 8, we shall replace the goods in question free of charge or, at your option, refund in full your payment in respect of such goods but we shall have no further liability for such failure or defect. Such replacement or refund is conditional upon the goods in question having been returned to us unused and undamaged within 14 days.
10. Exclusion of liability Except in the case of death or personal injury caused by our negligence, our liability to you by reason of any representation or any implied warranty, condition or other term, or any duty at common law or under these terms, for any special, indirect or consequential damage is hereby limited and excluded to the fullest extent permitted by law.
11. Returns policy Our returns policy, which is in compliance with the Distance Selling Regulations 2000, is as follows. Within seven (7) working days beginning with the day after the day of receipt of any goods, you may exercise your right of cancellation in respect of such goods by sending us written notice of cancellation. You must promptly, and in any event within 30 days of cancellation, return the goods to us at your cost unused and in undamaged condition. In the case of teas which are in sealed packaging, the seals must not be broken. We will refund your payment for such goods within 30 days of cancellation. Risk of damage to, or loss of, such goods shall pass to us at the time of delivery to us.
12. Storage and use You must use and store the goods in accordance with all instructions and guidelines supplied with the goods.
13. Tea club If you subscribe to the Tea Club, you may cancel your subscription at any time on 30 days notice by e-mail or first class post to us, whereupon we shall refund to you that part of your subscription fee relating to the unexpired period of your subscription, calculated on a pro rata basis. You shall be entitled to return to us, in accordance with our returns policy set out in condition 11, any sample of tea delivered to you as a member of the Tea Club. The refund amount to which you will be entitled in respect of any returned sample shall be an amount corresponding to one half of one month’s subscription fee.
14. Communications Any communication between us shall be by e-mail or first class post to our current e-mail or postal address (as given on this website at the time of such communication) or the e-mail or postal address given in your order form (or any new e-mail or postal address which you may have notified to us). By mail: Emeyu LLP c/o Carrick House, Lypiatt Road, Cheltenham, GL50 2QJ By Phone: +44 (0) 207 341 4928 By E-mail: info@emeyu.com
15. Variation of terms We reserve the right to vary these terms at any time but, in respect of any ordered goods, the terms which apply shall be those which you accepted when you placed your order. 16. Invalidity - If any provision of these terms is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these terms and the remainder of the provision in question shall not be affected thereby.
16. Governing law The contract formed by our acceptance of your order shall be governed by the laws of England and we and you both submit to the non-exclusive jurisdiction of the English Courts. |