TERMS AND CONDITIONS
Welcome to London Tea Club, LLC (the "Site"). This Site is maintained and operated by London Tea Club, LLC. ("London Tea Club" or "Company").
BY ACCESSING OR USING ANY PART OF THE SITE, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THESE TERMS. IF YOU DO NOT AGREE WITH ALL OF THE TERMS SET FORTH BELOW, YOU MAY NOT USE ANY PORTION OF THE SITE. PRICE INFORMATION FOUND ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. LONDON TEA CLUB RESERVES THE RIGHT TO CHANGE THESE TERMS & CONDITIONS OF USE AT ANY TIME WITHOUT NOTICE, BUT WILL NOT CHANGE THESE TERMS IN RELATION TO ORDERS WHICH HAVE BEEN PLACED AND ACKNOWLEDGED BY LONDON TEA CLUB BEFORE THE CHANGE IS MADE.
We grant you a personal, limited, non-transferable non-exclusive, license to access and use the Site. We reserve the right, in our sole discretion and without notice to you, to revise the products and services available on the Site and to change, suspend or discontinue any aspect of the Site and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. Your continued use of the Site will constitute your acceptance of any such changes.
1. Use of the Site
You may use the Site only for your own noncommercial personal use and in compliance with these Terms. You are responsible for your own communications, including the transmission, uploading or posting of information and are responsible for the consequences of such communications to the Site. Any other use of the Site requires the prior written consent of London Tea Club. You may not otherwise copy, modify, or distribute the contents of this Site without the express written permission of London Tea Club. You may not modify, publish, transmit, participate in the transfer or sell, create derivative works from, or in any way exploit, any of the content, in whole or in part, found on the Site.
We require all Members to agree not to use the Site, and specifically prohibit any use of the Site, for any of the following purposes:
- Posting, communicating or transmitting any material that infringes on any intellectual property, publicity or privacy right of another person or entity
- Posting any information which is untrue, inaccurate or not your own or which is defamatory, derogatory, fraudulent, degrading, abusive, hateful, false, misleading, inaccurate, untrue, malicious, offensive, harassing, threatening, racist, obscene, vulgar, indecent, pornographic or of a sexual nature
- Engaging in conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any law or regulation
- Attempting to interfere in any way with the Site’s or London Tea Club’s network security, or attempting to use the Site’s service to gain unauthorized access to any other computer system
You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Site. Further, you may not use any such automated means to manipulate the Site, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Site or any other user's use of the Site, including, without limitation, via means of overloading, "flooding", "mailbombing" or "crashing" the Site, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms. You may not frame portions of the Site within another web site. You may not resell use of, or access to, the Site to any third party without our prior written consent.
2. Registration and Passwords
3. Additional Terms and Conditions
5. Orders and Contracts
Products and subscriptions may be ordered by clicking on the box or item you wish to purchase and then following the prompts that will appear on-screen. You may check and correct any input errors in your order up until the point at which you submit your order to us by clicking the "Submit Order" button on the checkout page.
Your order constitutes an offer to London Tea Club to buy a tea subscription or product. All orders are subject to acceptance by London Tea Club. London Tea Club is not obliged to accept your order and may, in its discretion, decline to accept any order. Where London Tea Club accepts your order, it will confirm such acceptance to you by sending you an email that confirms that the product has been dispatched.
By purchasing a month to month subscription, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. Your subscription will be automatically extended for successive monthly periods, at the original subscription rate. Your credit card will be charged on the 30th day of every calendar month. Any cancellations need to be done prior the 28th day of a calendar month to prevent the charge for that month. To cancel your subscription at any time, you must use the link in your welcome email or email us at firstname.lastname@example.org and we will do it for you. If you cancel, you may use your subscription until the end of the then-current month. London Tea Club may submit periodic charges (e.g., monthly) without further authorization from you, until you provide prior notice that you have terminated this authorization or wish to change your payment method.
The above cancellation rights do not affect your right to cancel under the statutory cooling-off period (see Section 6 below).
Prices include VAT and delivery costs (where applicable), which will be added when you view the items in your shopping basket.
Your order will be fulfilled by the delivery date set out in the confirmatory email or, if no delivery date is specified, then within a reasonable time of the date of the order. You recognize, though, that occasionally because of problems sourcing stock from our suppliers or for other reasons beyond our control it is possible that orders may be delivered more than 30 days after the order.
6. Consumer rights & cancellation
You may cancel an order and receive a refund at any time before your order is delivered and up to seven working days afterwards, beginning on the day after you receive the products. In this case, you will receive a full refund of the price paid for the products in accordance with the London Tea Club refunds policy (see below).
Each box subscription is for these purposes a single order, so for example you can only cancel a box subscription and receive a refund within seven working days of receiving the first monthly box. You can of course cancel any subscription at any time, but it is only if you do it within this initial seven day period that you will be entitled to a refund (as required by UK legislation known as the Distance Selling Regulations).
To cancel an order in this way, you must inform London Tea Club by email, giving us your name, address and order reference. You must also return the Products to London Tea Club within 14 days of notifying us of the cancellation, in the same condition in which you receive them (except to the extent reasonably necessary for you to examine them), and at your own cost and risk. You have a legal obligation to take reasonable care of the products while they are in your possession. If you fail to comply with this obligation, London Tea Club may have a right to claim the cost of any deterioration from you.
London Tea Club' refunds policy is: if you cancel an order within the seven-day cooling-off period (see above), London Tea Club will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. London Tea Club will refund the price of the product in full, including the cost of delivery. However, you will be responsible for the cost of returning the item to London Tea Club. London Tea Club will usually refund any money received from you using the same method originally used by you to pay for your purchase.
7. Product Information; Limitation on Quantities
Excluding any content which may be submitted by Members from time to time, we strive to ensure that the information on the Site is complete and reliable. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies which we may correct without liability. We also reserve the right to limit quantities purchased by Members and to revise, suspend, or terminate an event or promotion at any time due to inventory, shortages, or user breach (including after an order has been submitted and/or acknowledged). We do not guarantee that all products described on our Site will be available.
8. Proprietary Rights
You acknowledge and agree that the content (other than content that may be submitted by Members), materials, text, images, videos, graphics, trademarks, logos, button icons, music, software and other elements available on the Site are the property of London Tea Club or our licensors and are protected by copyright, trademark and/or other proprietary rights and laws. You agree not to sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify or create derivative works from any content or materials on the Site. London Tea Club and the London Tea Club logo are registered trademarks of London Tea Club Limited. All other trademarks are the property of their respective owners. All of our Site's content is Copyright 2013 London Tea Club Limited. All rights reserved. Except as expressly set forth in these Terms, no license is granted to you and no rights are conveyed by virtue of accessing or using the Site. All rights not granted under these Terms are reserved by London Tea Club Limited.
9. Submitted Content
By submitting or posting any materials or content on the Site, you grant London Tea Club a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works on our websites and apps and in any other materials or medium, and sublicense such materials or any part of such materials. This means, for example, that we can continue to use and display that content even if you ask us to remove it or after your registration or subscription has ended. If you do not want to grant London Tea Club the rights set out in this paragraph, please do not submit your content to us. You confirm that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant London Tea Club the license specified above. You also confirm that any materials you provide will not contain libelous or otherwise unlawful, abusive or obscene material. London Tea Club will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or payment to you. To the extent permitted by applicable law, you agree to waive all moral rights in any content that you post or send whilst using the Services, including the right to be identified as the author of such content.
London Tea Club is not responsible if you cannot access the Site properly or at all because your ISP connection, the Internet generally or your browser software is inadequate or functioning badly, or if your ISP suspends or terminates their service to you, or because of any other event outside London Tea Club control. If you cannot access the Site properly or at all because any of these reasons, London Tea Club will not refund any money you have paid or compensate you.
Making the Site enjoyable means London Tea Club needs to fix bugs, install updates and do general diagnosis and maintenance of the Site. London Tea Club will try to do scheduled maintenance during what London Tea Club anticipates will be relatively low levels of online use. London Tea Club also need to be able to do emergency maintenance and/or suspend access to the servers where, in London Tea Club's reasonable discretion, London Tea Club sees the need to do that. London Tea Club will try to have the Site available again as soon as London Tea Club thinks it is safe to do so.
Where the Site contains links to other websites and third party products or services, these links are provided for your information only. London Tea Club is not responsible for the content of these websites or products or services.
You agree to indemnify London Tea Club and its group companies liabilities and the reasonable costs (including reasonable legal fees), sustained or incurred as a result of content posted to the Site by you being in violation of these Terms.
12. Limitation of Liability
London Tea Club excludes: (a) any responsibility for or liability arising out of any dealings you have with third parties that take place using or facilitated by the Site; and (b) any liability for losses which are not a foreseeable or likely consequence of your use of the Site, or of a breach of these Terms. For example, losses are foreseeable where they could be contemplated by you and London Tea Club at the start of your membership.
London Tea Club will not be liable to you over the entire period of your use of the Site for any loss in excess of (a) the total value of products or subscriptions ordered by you via the Site from time to time and (b) £250, whichever is the higher.
Notwithstanding this, nothing in these Terms will affect any liability we may have for: (a) death or personal injury arising from our negligence or our liability; (b) fraudulent misrepresentation; © for breach of any obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982 or (d) any other liability that cannot by law be excluded or limited.
14. Copyright Infringement; Notice and Take Down Procedures
London Tea Club specifically prohibits the posting of any content that violates or infringes the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that any material contained on this Site infringes your copyright or other intellectual property rights, you should notify us of your copyright infringement claim.
If any part of these Terms shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms.
16. Waiver; Remedies; Variations, Entire Agreement
The failure of London Tea Club to partially or fully exercise any rights or the waiver of London Tea Club of any breach of these Terms and Conditions by you shall not prevent a subsequent exercise of such right by London Tea Club or be deemed a waiver by London Tea Club of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of London Tea Club under these Terms and any other applicable agreement between you and London Tea Club shall be cumulative, and the exercise of any such right or remedy shall not limit London Tea Club’s right to exercise any other right or remedy. These Terms may not be varied except with our express written consent. These Terms and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of your use of the Site and any order. We are required by law to advise you that contracts may be concluded in English only and that no public filing requirements apply.
17. Governing Law
The operation of our site and Contracts for the purchase of Goods through our site are governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
Should you have any questions regarding these Terms you may contact us at email@example.com