These Terms and Conditions, in conjunction with any and all other documents referred to herein, sets out the terms of use under which you may access and navigate this Website, www.tudorcoffee.co.uk (“our Website”). Please read these Terms and Conditions carefully and make sure that you understand them. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of our Website. If you are dissatisfied with these guidelines and do not wish to comply with them and be bound by these Terms and Conditions, you must stop using our Website straight away. These Terms and Conditions set out the terms under which Goods are sold by Tudor Tea & Coffee Ltd to customers through our Website. Please read these Terms and Conditions carefully and ensure that you understand them before ordering any Goods from our Website.
You will be required to read and accept these Terms and Conditions when ordering Goods. If you do not agree to comply with and be bound by these Terms and Conditions, you will be unable to order Goods through our Website.
1. DEFINITIONS AND INTERPRETATION
1.1 In these Terms and Conditions, unless the context requires otherwise, the following expressions have the following meanings:
“Content” means any and all text, images, video, audio, scripts, software, codes, databases and any other form of information that is stored or can be stored on a computer that appears on, or forms part of, our Website;
“System” means any online communications facility that we make available on our Website either now or at a later date. This may include, but is not limited to, contact forms, email and ‘live chat’.
“We or us or our” means Tudor Tea & Coffee Ltd, Company Registration Number 3010729, our registered and main trading address is Units 31-35, Thurrock Commercial Centre, Purfleet Industrial Estate, Aveley, Essex RM15 4YD.
“Agreement” means a contract for the purchase and sale of Goods, as explained in Clause 15;
“Goods” means the goods sold by us through our Website;
“Order” means your order for Goods;
“Order Confirmation” means our acceptance and confirmation of your order;
“Order Refence Number” means the number designated to your order entered into our system.
2. INFORMATION ABOUT US
Our Website, www.tudorcoffee.co.uk is the property of and is operated by Tudor Tea & Coffee Ltd, Company Registration Number 3010729, whose registered and main trading address is Units 31-35, Thurrock Commercial Centre, Purfleet Industrial Estate, Aveley, Essex RM15 4YD
VAT number is GB 406 4827 54
3. ACCESS TO OUR WEBSITE
3.1 Access to our Website is free of charge.
3.2 Access to our Website is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue our Website (or any part of it) at any time and without any notice. We will not accept liability to you in any way if our Website (or any part of it) is unavailable at any time and for any period of time.
3.3 It is your responsibility to make any and all arrangements that are necessary in order to access our Website.
4. LINKS TO OTHER WEBSITES
Links to other Websites may be included on our Website. Unless specifically mentioned, these Websites are not under our control. We do not assume or accept responsibility or any liability for the content of third-party Websites. The inclusion of a link to another Website on our Website is for information purposes only and does not imply any endorsement of the Websites themselves or of those in control of them.
5. LINKS TO OUR WEBSITE
5.1 You may link to our Website provided that:
5.1.1 You do so in a fair and legal manner;
5.1.2 You do not do so in a manner that suggests any form of association, endorsement or approval on our part where none actually exists;
5.1.3 You do not use our trademarks or logos shown on our Website without our express written permission; furthermore
5.1.4 You do not do so in a way that is calculated to damage our reputation or to take unfair advantage of it.
5.2 You may link to any page of our Website.
5.3 You may not link to our Website from any other Website the content of which contains material that:
5.3.1 is obscene, deliberately offensive, hateful or otherwise inflammatory;
5.3.2 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
5.3.3 is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
5.3.4 is sexually explicit;
5.3.5 promotes violence;
5.3.6 promotes or assists in any form of unlawful activity;
5.3.7 is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
5.3.8 is calculated or is otherwise likely to deceive another person;
5.3.9 misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (impersonations are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 5.4);
5.3.10 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trademarks and database rights) of any other party; or
5.3.11 implies any form of affiliation with Tudor Tea & Coffee Ltd where none exists;
5.3.12 is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
5.4 The content restrictions in sub-Clause 5.4 do not apply to content submitted to websites by other users provided that the primary purpose of the website accords with the provisions of sub-Clause 5.4. You are not, for example, prohibited from posting links on general-purpose social networking websites merely because another user may post such content. You are, however, prohibited from posting links on websites which focus on or encourage the submission of such content from users.
6. USE OF OUR SYSTEM
6.1 You may use our System at any time to contact us. Please note the following; you must not:
6.1.1 communicate in a way that is obscene, deliberately offensive, hateful or otherwise inflammatory;
6.1.2 submit information that promotes or assists in any form of unlawful activity;
6.1.3 submit information that discriminates against or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation or age;
6.1.4 imply any form of affiliation with us where none exists;
6.1.5 submit information that is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
6.1.6 submit information that is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to;
6.1.7 submit information that promotes violence;
6.1.8 misleadingly impersonate any person or otherwise misrepresent your identity or affiliation in a way that is calculated to deceive;
6.1.9 submit information that is calculated or is otherwise likely to deceive;
6.1.10 infringe, or assist in the infringement of, the intellectual property rights (including, but not limited to, copyright, trademarks and database rights) of any other party; or
6.1.11 submit information in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
6.2 We may monitor any and all communications made using our System.
6.3 Any information that you send to us through our System may be modified by us and, by sending us such information, you waive your moral right to be identified as the author of that information.
6.4 Any personal information sent to us, whether through our System or otherwise (including but not limited to your name and contact details), will be collected, used and held in accordance with your rights and our obligations under the law, as set out in Clause 11.
7. DISCLAIMERS
7.1 Nothing on our Website constitutes advice on which you must solely rely upon. It is provided for general information and assistance purposes only.
7.2 Insofar as is permitted by law, we make no representation, warranty, or guarantee that our Website will meet all of your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware or that it will be secure.
7.3 We make reasonable efforts to ensure that the content on our Website is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the content is complete, up-to-date.
or accurate.
7.4 No part of our Website is intended to constitute a contractual offer capable of acceptance. No goods or services are sold through our Website and the details of goods and services provided on our Website are provided for general information purposes only.
7.5 We make reasonable efforts to ensure that any and all pricing information shown on our Website is correct at the time of going online. We reserve the right to change prices at any time and may add or remove special offers and promotions from time to time. All pricing information is reviewed and updated regularly.
7.6 Whilst every reasonable effort has been made to ensure that all representations and descriptions of goods and services available from us relate to the actual goods and services available, minor variations or errors may occur. In the event of any discrepancy, please contact us on [email protected] or 01708-866966.
7.7 We make no representation, warranty, or guarantee that goods and services shown on our Website will be available from us. Please contact us if you wish to enquire as to the availability of any goods or services.
8. OUR LIABILITY
8.1 To the maximum extent permissible by law, we do not accept liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) our Website or the use of or reliance upon any content included on our Website.
8.2 To the fullest extent permissible by law, we exclude all representations, warranties, and guarantees (whether expressed or implied) that may apply to our Website or any content included on our Website.
8.3 If you are a business operator, we accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
8.4 We exercise all reasonable expertise and due care to ensure that our Website is free from viruses and other malware. We do not accept liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of our Website (including the downloading of any content from it) or any other Website referred to on our Website.
8.5 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of our Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
8.6 Nothing in these Terms and Conditions excludes or restricts our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
9. VIRUSES, MALWARE AND SECURITY
9.1 We exercise all reasonable expertise and care to ensure that our Website is secure and free from viruses and other malware.
9.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
9.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via our Website.
9.4 You must not attempt to gain unauthorised access to any part of our Website, the server on which our Website is stored, or any other server, computer, or database that is connected to our Website.
9.5 You must not attack our Website by means of a denial of service attack, a distributed denial of service attack, or by any other means.
9.6 By breaching the provisions of sub-Clauses 9.3 to 9.5 you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and we will cooperate fully with those authorities by disclosing your identity to them. Your right to use our Website will cease immediately in the event of such an event taking place.
10. ACCEPTABLE USE POLICY
10.1 You may only use our Website in a manner that is lawful. Specifically:
10.1.1 you must ensure that you comply fully with any and all local, national or international laws and/or regulations;
10.1.2 you must not use our Website in any way, or for any purpose, that is unlawful or fraudulent;
10.1.3 you must not use our Website to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
10.1.4 you must not use our Website in any way, or for any purpose, that is intended to harm any person or persons in any way.
10.2 We reserve the right to suspend or terminate your access to our Website if you materially breach the provisions of this Clause 10 or any of the other provisions of these Terms and Conditions. Specifically, we may take one or more of the following actions:
10.2.1 suspend, whether temporarily or permanently, your right to access our Website;
10.2.2 issue you with a written warning;
10.2.3 take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
10.2.4 take further legal action against you as appropriate;
10.2.5 disclose such information to law enforcement authorities as required or as we deem reasonably necessary; and/or
10.2.6 any other actions which we deem reasonably appropriate (and lawful).
10.3 We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that we may take in response to breaches of these Terms and Conditions.
11. DATA PROTECTION
11.1 All personal information that we may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
11.2 We may use your personal information to:
11.2.1 Provide our goods and services to you;
11.2.2 Process your Order (including payment) for the Goods you may have purchased.
11.2.3 Inform you of any new products and/or services that are available from us (if you opt or have previously opted to receive it). You may request that we stop sending you this information at any time.
11.2.4 Provide and deal with your Account appropriately;
11.2.5 Reply to any communications you send to us;
11.2.6 Send you important notices, as detailed in Clause 12;
11.3 In certain circumstances (if, such as, you wish to purchase Goods on credit), and with your consent, We may pass your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 1998 and should use and hold your personal information accordingly.
11.4 For complete details of our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policy Privacy Policy and Cookie Policy Cookie Policy.
12. COMMUNICATIONS FROM US
12.1 If we have your contact details, we may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, service changes and changes to these Terms and Conditions.
12.2 We will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt out at any time. Any and all marketing emails sent by us will include an unsubscribe link. If you opt out of receiving emails from us at any time, it may take up to 15 business days for your new preferences to take effect.
12.3 For questions or complaints about communications from us (including, but not limited to marketing emails), please contact us at [email protected] or via our Contact us via 01708-866966.
13. CUSTOMERS AND CONSUMERS
13.1 These Terms and Conditions constitute the entire agreement between us and yourself with respect to your purchase of Goods from us. You acknowledge that you have not relied upon any statement, representation, warranty, assurance, or promise made by or on behalf of us that is not set out in these Terms and Conditions and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based upon any statement herein.
14. GOODS, PRICING AND AVAILABILITY
14.1 We take all reasonable steps to ensure that all descriptions and graphical representations of goods available from us correspond to the actual goods. Please note, however, the following:
14.1.1 Images of Goods are for illustrative purposes only. There may be slight variations in colour between the image of a product and the actual product sold due to differences in device displays and lighting conditions;
14.1.2 Images and/or descriptions of packaging are for illustrative purposes only, the actual packaging of goods may vary and
14.1.3 Due to the nature of the goods sold through our Website, there may be up to a small variance in the weight of those Goods between the actual Goods and the description although we check our weighing systems regularly to avoid inaccuracies.
14.2 Please note that sub-Clause 14.1 does not exclude our responsibility for mistakes due to negligence on our part and refers only to minor variations of the correct goods, not to different products altogether. Please refer to Clause 19 if you receive incorrect goods (i.e. goods that are not as described).
14.3 Where appropriate, you may be required to select the required pack size, coffee grind size (format), model and number of the Goods that you are purchasing.
14.4 We cannot guarantee that goods will always be available. Stock indications are not provided on our Website.
14.5 Minor changes may, from time to time, be made to certain goods between your order being placed and us producing that order and dispatching the Goods, for example, we have vans in certain areas each day so some deliveries will coincide with this logistical template (we will contact you to confirm ASAP) and in addition to reflect changes in relevant laws and regulatory requirements, or to address particular technical or security issues. Any such changes will not change any main characteristics of the goods and will not normally affect your use of those goods. However, if any change is made that would affect your use of the goods, suitable information will be provided to you.
14.6 In some cases, as explained in the description of goods on our Website, more significant changes may be made to the goods. If any such changes are made and will affect your order, we will notify you in writing before the changes take effect and you will be given an opportunity to cancel your order (or the affected part thereof), and we will issue a refund for any goods paid for but not received.
14.7 We make all reasonable efforts to ensure that all prices shown on our Website are correct at the time of you going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. Changes in price will not affect any order that you have already placed (please note sub-Clause 14.10 regarding VAT rate changes, however).
14.8 All prices are checked by us before we accept your order, in the unlikely event that we have shown incorrect pricing information, we will contact you via email, telephone or in writing to inform you of the mistake. If the correct price is lower than that shown when you made your order, we will charge you the lower amount and continue processing your order. If the correct price is higher, we will give you the option to purchase the goods at the correct price or to cancel your order (or the affected part of it). We will not proceed with processing your order in this case until you respond. If we do not receive a response from you within 10 days, We will treat your order as cancelled and notify you of this in writing.
14.9 In the event that the price of goods you have ordered changes between your order being placed and us processing that order and taking payment, you will be charged the price shown on our Website at the time of placing your order.
14.10 If the VAT rate changes between your Order being placed and us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
14.11 Delivery charges are not included in the price of Goods displayed on our Website. For more information on delivery charges, please refer to Delivery and Returns. Delivery options and related charges will be presented to you as part of the order process.
14.12 If you decide to reject an order / goods placed via our website, subject to Tudor Tea & Coffee Ltd agreeing with your reasoning to take such course of action as being legitimate, you will be refunded the purchase price of the goods themselves, but you will not whatsoever be refunded the cost of delivery.
15. ORDERS – HOW THEY ARE CREATED
15.1 Our Website will guide you through the ordering process. Before submitting your order; we would ask you to review your Order and amend it if it’s necessary. Please ensure that you have checked your Order carefully before submitting finally it.
15.2 If, during the order process, you provide us with incorrect or incomplete information, please contact us as soon as possible. If we are unable to process your Order due to incorrect or incomplete information, you will be contacted and asked to correct it. If you are unable to give us the accurate or complete information within 72 hours of our request, we will cancel your Order and the agreement will be invalidated. If we incur any costs as a result of your incorrect or incomplete information, we reserve the right to pass on those costs to you.
15.3 No part of our Website constitutes a contractual offer capable of acceptance. Your order constitutes an agreement that we may, at our sole discretion, accept. Our acknowledgement of receipt of your order does not mean that we have accepted it. The acceptance will be confirmed by us sending you by email an order confirmation. At this point, when we have sent you an order confirmation, there will there be a legally binding Contract between us and yourself.
15.4 Order confirmations shall contain the following information;
15.4.1 Your order number;
15.4.2 Confirmation of the goods ordered including full details of the main characteristics of the specific goods;
15.4.3 Fully itemised pricing for the goods ordered including, where appropriate, VAT, delivery and other additional charges;
15.6 In the unlikely event that we do not accept or cannot fulfil your order for any reason, we will contact you to try and rectify the problem and seek an amicable resolution to the issue. No payment will be taken under normal circumstances, however, if we have taken payment from you, any such sums involved will be refunded to you as soon as possible.
15.7 Any refunds due will be made using the same payment method that you used when ordering the Goods.
16. LAW AND JURISDICTION
16.1 These Terms and Conditions and the relationship between you and us (whether contractual or otherwise) shall be governed by and construed in accordance with the law of England and Wales.
16.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence.
16.3 If you are a consumer, any dispute, controversy, proceedings or claim between you and us relating to these Terms and Conditions or the relationship between you and us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
16.4 If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.
17. PAYMENT
17.1 Payment for Goods and related delivery charges must always be made in advance and you will be prompted to pay during the order process.
17.2 Payment must be made in full for your order, without any set-off, counterclaim, deduction, or withholding (except where any deduction or withholding of tax is required by law).
17.3 We accept the following methods of payment on our Website:
17.3.1 Credit and Debit Card;
18. DELIVERY AND OWNERSHIP
18.11 All goods purchased via our Website will normally be delivered within 5 calendar days of the date of our order confirmation being sent to you, unless otherwise agreed or specified during the order process (subject to delays caused by events outside of our control, for which see Clause 20).
18.12 If we are unable to deliver the goods on the delivery date, the following will apply:
18.12.1 If no one is available at your delivery address to receive the goods and the goods cannot be posted through your letterbox or left in a safe place nominated by you, We will leave a delivery note explaining how to rearrange delivery or where to collect the goods;
18.12.2 If you do not collect the goods or rearrange delivery within 5 days, We will contact you to ask you how you wish to proceed. If we cannot contact you or arrange redelivery or collection, we will treat the agreement as cancelled and recover the goods. If this happens, you will be refunded the purchase price of the goods themselves, but not the cost of delivery. We may also bill you for any reasonable additional costs that we incur in recovering these goods.
18.13 Delivery shall be deemed as complete once we have delivered the Goods to the address including, where relevant, any alternative address you have provided.
18.14 Ownership of the goods passes to you once we have received payment in full of all sums due (including any applicable delivery charges).
18.15 Responsibility for the goods will pass to you once delivery has been completed, as defined in sub-Clause 17.16.
18.16 Any refunds will be made using the same payment method that you used when ordering the Goods.
19. FAULTY, DAMAGED OR INCORRECT GOODS – Shortage
WE MUST RECEIVE Notification in WRITING WITHIN 72 HOURS OF DELIVERY
19.11 We guarantee that the Goods, upon delivery, shall be as described; will be free from material defects in design, material and workmanship and will be of satisfactory quality (as defined in the Sale of Goods Act 1979); and be fit for any purpose described by us.
19.12 If any goods you have purchased do not comply, subject to sub-Clause 19.13, and your compliance with sub-Clauses 18.12.1 to 18.12.2, We shall, at our option, repair the affected goods, replace them or issue you with a full refund for the price of the affected goods. The following conditions shall apply:
19.12.1 You must give us written notice of the non-compliance during the warranty Period within a reasonable time (usually 5 days) of discovering it;
19.12.2 You must return the goods in question to us at our expense (see sub-Clause 18.16 for more information); and
19.12.3 You must give us a reasonable opportunity to examine the goods in question.
19.13 We will not be liable for any non-compliance with the provisions of sub-Clause 18.11 of any goods if any of the following apply:
19.13.1 You have made any further use of the affected goods after giving us written notice of the non-compliance under sub-Clause 18.12.1;
19.13.2 The non-compliance has arisen as a result of your failure to follow our instructions on the correct usage, maintenance, installation, storage of the affected goods or where no instructions are provided, your failure to follow good common sense practice with respect to the same;
19.13.3 The non-compliance has arisen as a direct result of any information (incorrect or otherwise) provided by you to us;
19.13.4 You have made any unauthorised alterations or repairs to the affected goods; or
19.13.5 The non-compliance is the result of normal wear and tear, deliberate damage, negligence, or abnormal or unsuitable working conditions.
19.14 The terms of this Clause 22 shall also apply to any Goods which are repaired or replaced by us under sub-Clause 18.12.
19.15 Except as provided in this Clause 22, we shall have no further liability to you with respect to goods which do not comply with sub-Clause 18.11.
19.16 To return goods to us for any reason under this Clause 22, please contact us at [email protected] to arrange for a collection and return. We will be fully responsible for the costs of returning Goods under this Clause 22 and will reimburse you where appropriate.
19.17 Refunds (whether full or partial) under this Clause 22 will be issued within 30 days of the day on which we agree that you are entitled to the refund.
19.18 Any and all refunds issued under this Clause 22 will include all delivery costs paid by you when the Goods were originally purchased.
19.19 Refunds under this Clause 22 will be made using the same payment method that you used when ordering the Goods.
20. OUR LIABILITY
20.1 Subject to sub-clause 20.4, We will not be liable to you, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for any loss of profit, loss of business, interruption to business, for any loss of business opportunity or for any indirect or consequential loss arising out of or in connection with any contract between you and us.
20.2 Subject to sub-Clause 20.4, our total liability to you for all other losses arising out of or in connection with any contract between you and us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be the total of the sums paid by you under the agreement in question.
20.3 Except to the extent expressly set out in sub-Clause 18.11, the terms implied by Sections 13 to 15 of the Sale of Goods Act 1979 and by Sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
20.4 Nothing in these Terms and Conditions seeks to limit or exclude our liability for death or personal injury caused by our negligence (including that of our employees, agents or sub-contractors); for fraud or fraudulent misrepresentation; for breach of the terms implied by Section 12 of the Sale of Goods Act 1979 or Section 2 of the supply of goods and services Act 1982; for defective products under the Consumer Protection Act 1987; or for any other matter in respect of which liability cannot be excluded or restricted by law.
21. EVENTS OUTSIDE OF OUR CONTROL (FORCE MAJEURE)
21.1 We will not be liable for any failure or delay in performing our obligations where that failure or delay results because it is beyond our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster or any other event that is beyond our reasonable control.
21.2 If any event described under this Clause 21 occurs that is likely to adversely affect our performance of any of our commitments under these Terms and Conditions:
21.2.1 We will inform you as soon as is reasonably possible;
21.2.2 We will take all reasonable steps to minimise the delay;
21.2.3 To the extent that we cannot minimise the delay, our affected commitments under these Terms and Conditions (and therefore the Agreement) will be suspended and any time limits that we are obligated by will be extended accordingly;
21.2.4 We will inform you when the event outside of our control is over and provide details of any new dates, times or availability of goods as required;
21.2.5 If the event outside of our control continues for more than 20 working days, we will cancel the agreement and inform you of this cancellation. Any refunds due to you as a result of this cancellation will be paid to you as soon as is reasonably possible and in any event within 30 days of the date on which the agreement was cancelled and will be made using the same payment method that you used when ordering the goods;
21.2.6 If an event outside of our control occurs and you wish to cancel the agreement as a result, you may do so in any way you wish, by contacting us directly using the following details: Telephone: 01708 866966 or by email: [email protected] or by Post: Tudor Tea & Coffee Ltd, Units 31-35, Thurrock Commercial Centre, Purfleet Industrial Estate, Aveley, Essex RM15 4YD.
Whichever method you choose to contact us, you must provide us with your name, address, email address, telephone number and the order Number. Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible and in any event within 30 days of the date on which the agreement is cancelled and will be made using the same payment method that you used when ordering the goods.
22. COMMUNICATION AND CONTACT DETAILS
22.1 If you wish to contact us with general questions or complaints, you may contact us by telephone on 01708-866966, by email at [email protected] or by post at Tudor Tea & Coffee Ltd, Units 31-35, Thurrock Commercial Centre, Purfleet Industrial Estate, Aveley, Essex RM15 4YD.
22.2 For matters relating the goods or your order, please contact us by telephone on 01708-866966, by email at [email protected] or by post at Tudor Tea & Coffee Ltd, Units 31-35, Thurrock Commercial Centre, Purfleet Industrial Estate, Aveley, Essex RM15 4YD.
22.3 For matters relating to cancellations, please contact us by telephone on 01708-866966, by email on [email protected] or by post at Tudor Tea & Coffee Ltd, Units 31-35, Thurrock Commercial Centre, Purfleet Industrial Estate, Aveley, Essex RM15 4YD and or refer to the relevant clauses above.
23. COMPLAINTS AND FEEDBACK
23.1 We always encourage feedback from our customers and whilst we always endeavour to ensure that your experience as one of our customers is a positive one, we nevertheless want to hear back from you if you have any cause for complaint.
23.2 All complaints are handled in accordance with our complaints handling policy.
23.3 If you wish to give us feedback on any aspect of your dealings with us, please contact us in one of the following ways:
23.3.1 In writing and by post; addressed to Tudor Tea & Coffee Ltd, Units 31-35, Thurrock Commercial Centre, Purfleet Industrial Estate, Aveley, Essex RM15 4YD
23.3.2 By email, addressed to [email protected];
23.3.3 By contacting us by telephone on 01708 866966.
24. OTHER IMPORTANT ISSUES
24.1 We may transfer our commitments and rights under these Terms and Conditions (and under the agreement, as applicable) to a third party (this may happen, for example, if we sell our business). If this occurs, you will be informed by us in writing. Your rights under these Terms and Conditions will not be affected and our commitments under these Terms and Conditions will be assigned to the third party who will remain bound by them.
24.2 You may not assign (transfer) your obligations and rights under these Terms and Conditions (and under the Agreement, as applicable) without our express written permission.
24.3 The Agreement is between you and us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
24.4 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
24.5 Under no circumstance will failure or delay by us in exercising any of our rights under these Terms and Conditions means that we have waived that right and no waiver by us of a breach of any provision of these Terms and Conditions means that we will waive any subsequent breach of the same or any other provision.
24.6 We may update these Terms and Conditions from time to time in response to changes in relevant laws and other regulatory requirements. If we change these Terms and Conditions as they relate to your order, we will give you reasonable prior notice of these changes and provide you with details of how you can cancel them if you are not satisfied with them. If you do opt to cancel, you must return any affected goods that you have already received and we will arrange for a full refund (including delivery charges) which will be paid within 20 days of your cancellation and will be made using the same payment method that you used when ordering the goods.
25. INTELLECTUAL PROPERTY RIGHTS
25.1 All Content included on our Website and the copyright and other intellectual property rights related to that content, unless specifically labelled otherwise, belongs to or has been licensed by us. All content is protected by United Kingdom and international intellectual property laws and treaties.
25.2 Subject to sub-Clauses 25.3 and 25.6 you may not reproduce, copy, distribute, sell, rent, sub-licence, store or in any other manner re-use any content from our website without being given express written permission from us to do so.
25.3 You are allowed:
25.3.1 Access, view and use our Website in a web browser built into other types of software or app);
25.3.2 Download our Website (or any part of it) for caching (to speed up the loading process);
25.3.3 Print one copy of any page from our Website;
25.3.4 Download extracts from pages on our Website; and
25.3.5 Save pages from our Website for later and/or offline viewing.
25.4 Our status as the owner and author of the content on our Website (or that of identified licensors, as appropriate) must always be acknowledged.
25.5 You may not use any content saved or downloaded from our Website for commercial purposes without first obtaining a licence from us (or our licensors, as appropriate) to do so. This doesn’t prohibit any normal access, viewing and use of our Website for general information and knowledge gaining purposes whether it is by business users or consumers.
25.6 Within these Terms and Conditions, nothing limits or excludes the provisions of Chapter III of the Copyrights, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering in particular the making of temporary copies; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.
26. PRIVACY POLICY AND COOKIES POLICIES
Use of Our Website is also governed by our Cookie and Privacy Policies, available from Cookie Policy and Privacy Policy. These policies are incorporated within these Terms and Conditions by this reference.
27. INTERNATIONAL CUSTOMERS
Please be aware, via our Website, that we only sell to customers who are located within the United Kingdom mainland. We cannot accept orders from or deliver to customers from outside the United Kingdom mainland. If you wish us to engage in Tudor Tea & Coffee supplying you, despite this location criteria, please contact us in writing and by post; addressed to Tudor Tea & Coffee Ltd, Units 31-35, Thurrock Commercial Centre, Purfleet Industrial Estate, Aveley, Essex RM15 4YD so we can discuss such arrangements.
27.1 By email, addressed to [email protected] so we can discuss such arrangements.
27.2 By contacting us by telephone on 0044-1708 866966 so we can discuss such arrangements.
28. CHANGES TO THESE TERMS AND CONDITIONS
28.1 We may change these Terms and Conditions at any time. Any such changes will become binding on you upon when you first use of our Website after the changes have been made. You are therefore advised to check this page from time to time.
28.2 In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.
