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User Terms & Conditions

www.teateaexpress.com (and teateaexpress.co.uk) - USER TERMS & CONDITIONS

 

www.teateaexpress.com and teateaexpress.co.uk(the website) is a website venue bringing together worldwide Sellers and Buyers of good quality teas, tea equipment and tea ware, herbs and herbal products, including natural beauty and cosmetic products, healthy foods, good quality spices,coffee and honey,outdoor and health equipment,natural clothing and services all aimed to improve and promote health, connect people to nature and change and improve lifestyle and habits. These Terms and Conditions incorporate all of the terms and conditions and policies on the website and you agree to them when you register to use the Website and each and every time you view and use the website. Should you need any help please email us at This email address is being protected from spambots. You need JavaScript enabled to view it.

 

1 DEFINITIONS

(1) “Advertisers” means either any person or organisation who is advertising on the Website, including any “Pay Per click” users or any person or organisation who has entered into an agreement with us or who uses the Website in any similar way. Advertisers are subject to separate additional Terms and Conditions

(2) “Associate” means any person or organisation with whom we are associated. This will include advertisers whose websites we appear on and any person or organisation having a link, which we have approved, to the Website and third parties.

(3) “Buyer” means the person and/or organisation who purchases Products from the website.

(4) “Consumer” has the meaning ascribed in S12 of the Unfair Contract Terms Act 1977.

(5) “Custom Made” are Products which are supplied according to Buyers’ requirements so Buyers may choose, for example, teas mixed to their particular specification, personalisation or colour variations.

(6) “Intellectual Property Rights” means any patent, trademark, service mark, registered design, copyright, design right, any contact or database rights, know-how, confidential information or process, any application for any of the above, and any other intellectual property rights recognised in any part of the world, whether or not presently existing or applied for, which are held by the owning party.

(7) “Our Services” means any services we which provide directly to users, for example, promotion services which form part of any registration or use of the website.

(8) “Products” means the items which are available for sale on the website and include any ancillary services which accompany those products such as, for example, blending tea to your specifications.

(9) “Seller” means the user, person and/or organisation, who offers Products for sale on the website.

(9) “Terms and Conditions“ means these Terms and Conditions, incorporating our Privacy Policy, Returns and Complaints Policy, Shipping and Delivery Policy, the Terms and Conditions relating to buyers, and the Terms and Conditions relating to sellers and will also include any special terms and conditions agreed in writing by us.

(10) “Upload onto the Website” means any submission or post, including any products or services for sale, in any format, including any post, content or anything whatsoever which subsequently appears and can be viewed on the Website. This includes taking part in any available feedback, review, discussion, forum etc.

(11) “User” or “you” means anyone using and/or visiting the Website for any purpose.

(12) “We”, “Us”, means the organisation who supplies and owns this website,Tea Tea Express Ltd, a Company registered in England and Wales, whose Registered Office is at 145-157 St John Street, London, England, EC1V 4PW, company registration number 08525528 and any of our employees, officers, directors, agents, subsidiaries and affiliates.Telephone +44 1621 743 366.E-mail address This email address is being protected from spambots. You need JavaScript enabled to view it.

(13) “Website” means the Website and all contents at www.teateaexpress.com(and www.teateaexpress.co.uk)

(14) “Working days” means any day from Monday to Friday inclusive, from 9am to 5pm, but excludes all public holidays in England and Wales.

2 ACCEPTANCE

(1) By using us, the Website and any services and registering in any way, you confirm that you are aged 18 or over and that you have read, understood and agree to be bound by these Terms and Conditions. Where you are using our services or the Website in any way on behalf of another person or on behalf of an organisation, you confirm that you have the legal right to do so.

(2) Where the registration and/or use of the Website is on behalf of an organisation and other persons (for example employees) use the Website, the organisation specifically confirms that it takes full responsibility for that use and that the organisation, as well as the individuals, will be deemed to be the users for the purposes of these Terms and any subsequent action.

(3) These Terms and Conditions supersede any and all prior representations, understandings and agreements between you and us.

(4) We reserve the right to update or amend these Terms and Conditions at any time. Such amendments take effect as soon as they appear on the Website and your continued use of the Website following any changes shall be deemed to be your acceptance of such change. It is each user’s responsibility to read the User Terms and Conditions each and every time before using the Website.

3 ACCOUNT, PASSWORD AND SECURITY

(1) Full use of the Website, particularly as a Seller may require you to open an account and complete the registration process by providing certain information and registering a username and password. Each person or organisation may only register once and have one account. Your full use of the Website may only become valid once your registration has been approved by us and we reserve the right to lawfully refuse registration which is exercised using our sole discretion. You are solely responsible for maintaining the confidentiality of the username and password and for all use and activities under your account.

(2) You may not in any way transfer your registration/account or your obligations and we advise you not to allow anyone else to use your account.

(3) You also specifically confirm that you will:

(a) notify us immediately of any unauthorised use, including any unauthorised use of your registration/account with the Website or any other known or suspected breach of security.

(b) immediately report to us but also use your own reasonable efforts to immediately stop any misuse that is known or suspected by you.

(4) We will not be liable for any indirect or consequential loss or damage whatsoever resulting from the disclosure of your username and/or password.

4 WEBSITE USE

(1) Our website is to facilitate Buyers and Sellers of products and ancillary services which are varied and Custom We want users to enjoy the experience of browsing, buying and selling products and services, aimed to improve and promote health, connect people to nature and change and improve lifestyle and habits.

(2) Full use of this Website and contents of the Website may only be for registered users (particularly as a Seller) who are signed in and do not disable cookies. If you are not registered or disable cookies you may be able to view some of the Website, but may not be able to fully participate.

(3) Use of the Website is by licence only and you acknowledge and agree that all copyright, trademarks and all other Intellectual Property Rights in all materials and/or content made available as part of your use of this Website shall remain at all times vested in us or our licensors.

(4) In addition to all the other clauses, as a user you agree that you will solely be responsible for your use of the Website and that you will use the Website and services legally and only for the purposes for which they are intended to be used and will not misuse it in any way, and specifically, although not exclusively, you:

(a) will not reproduce the Website nor any content or part thereof, unless you have our explicit written permission.

(b) will not use any harmful component, including but not limited to, virus, worm, Trojan horse, time bomb or any such code that could destroy and/or contaminate.

(c) will abide by any laws applicable to this Agreement or the operation of it.

(d) will not use in particular any material or content we deem to be harmful, illegal or offensive; cause any infringement of intellectual rights and copyright; or use the services for illegal purposes such as fraud or in any other crime. However, all and any misuse is included.

(5) You confirm that you will not interfere or attempt to interfere with the proper working of the Website nor any activities conducted on it, nor any part of the content.

(6) You acknowledge that all uploads, whether posted publicly or transmitted privately, are the sole responsibility of the person or organisation from whom such upload content originated.

(7) The main role of the Website is as a venue/facilitator to allow people and organisations to upload onto the Website for other users to view, buy and sell products. We are not involved in any sale or transaction between any seller and buyer nor do we process any payment between them. We therefore have no control over any product displayed or offered for sale or any monetary transaction. By using the Website you acknowledge this and agree that you use the Website entirely at your own risk.

(8) You are aware that when you agree to buy from or sell to other users or third parties that you are entering into a separate agreement with that person or organisation which has nothing to do with us and you must make yourself aware of the terms of any such agreement.

(9) (a) We are not responsible for any upload, and consequently products for sale. We do not check, control or endorse nor take responsibility for any upload and cannot guarantee the acceptability, safety, legality, accuracy, integrity or quality of any products for sale and have no liability for it you specifically acknowledge this. You understand that you can not assume that the offer, sale or purchase of any products on the Website is legal and valid.

(b) Reviews/feedback is merely another person’s or organisation’s opinion or point of view. Whilst you may wish to consider any feedback please bear in mind that it

(i) will not form part of any agreement which you may make with another user or third party, unless you explicitly agree to make the recommendations part of your agreement and

(ii) it does not form an endorsement, guarantee or warranty from us, particularly regarding, but not limited to the acceptability, safety, legality, accuracy, integrity or quality of any user or user’s products, and you specifically agree we have no liability in this regard.

(10) It is always your sole responsibility to meet all of your obligations to others when using the Website and to comply with any obligations when you buy and sell and enter into an agreement with another website user.

(11) If you find other users’ information to be inaccurate, deceptive, or in any way cause you concern then we encourage you to take this up with the user or advertiser involved.

(12) Use of any discount vouchers, codes, special offers, promotions or other “offers” which may be made available from time to time are subject to availability and only available at our sole discretion and subject to all conditions of compliance with such offer. Such offers cannot be exchanged for cash and each offer cannot be used in conjunction with any other offer. The rights to cancel, withdraw or change the Terms and Conditions of any such offer at any time are reserved.

(13) From time to time we may make certain offers of extra or additional services or services without charge available to Users. For example, we may approach registered sellers to be included in marketing activities. Such services, including, but not limited to their use and selection of which users to include is entirely at our sole discretion.

(14) To the extent that the law allows, all implied warranties, conditions or other terms (whether implied by statute or otherwise) are excluded. Furthermore, you hold us absolutely free of all liability and responsibility for any actions or results or adverse situations created as a direct or indirect result of any specific uploaded data or information shown on the Website.

5 SUPPLY OF WEBSITE AND OTHER SERVICES

(1) Whilst we will use our reasonable endeavours to supply the Website by ensuring it is available on the internet, we shall not be responsible for any failure to provide the Website or any services, or for any unavailability. The Website is available on an “as is” and “when available” basis. We reserve the right, without any liability, to terminate the Website or alter the Website and its contents without prior notice.

(2) We cannot guarantee that the services will be uninterrupted, secure or error-free. Particularly, there are inherent problems in the use of the internet and we will not be responsible for any interruption, losses or consequences whatsoever, including any tampering or hacking, nor for any browser crashes which may result in data loss whilst using our services.

(3) In addition we make no warranty against electronic virus, worms or any other defect or problems which may occur in respect of any viewing or use of the Website. We will not be responsible for any loss or damage whatsoever caused resulting from a failure to provide or where a virus or defect occurs as a result of any email attachment or document we send to you.

(4) We make every effort to ensure that anything displayed on our Website, including any content, is displayed as accurately as possible but can not be responsible for variations. What you see (particularly in so far as colours and shapes are concerned) depends on your monitor and settings and we can not guarantee that this will be accurate.

(5) (a) As part of some registration packages to use the website we may offer other services, particularly to sellers. For example, this may include the opportunity to be included in promotions and other forms of marketing. Such services are not guaranteed and nor do we promise that any particular results will be achieved or that your own particular objectives will always be reached and it is your responsibility to ensure that the services meet your specific needs.

(b) Accordingly, you agree and understand that we are not responsible for any action you take or fail to take as a result of our Services, nor for any reliance you may place upon our Services, nor any consequences whatsoever during or as a result of our Services.

(6) We reserve the right to suspend the services where necessary and particularly, but not exclusively, for repair, maintenance or improvement.

(7) (a) You may terminate use or cancel any registration without giving us prior notice.

(b) However, you will still be responsible for fulfilling any obligations incurred whilst you were a registered user. This means that you must fulfil any purchase or sale.

(c) You remain responsible for payment for any registration or subscription fees for the balance of the month in which you provide your termination or cancellation. No refunds of pre-paid fees will be made.

6 THIRD PARTIES

The Website may include links etc to third parties, including those who also offer you products and services (e.g. payment services). When you click on any links you may be forwarded to websites relating to third parties. We do not recommend, endorse nor have any control or responsibility over the third parties or any such websites. You are aware that you will enter into a separate agreement which has nothing to do with us and you must make yourself aware of the terms of such agreement. You specifically confirm that we can not be held liable in this regard.

7 UPLOADING ONTO THE WEBSITE, FEEDBACK AND ACCEPTABLE USE

(1) All users specifically agree and confirm that

(a) you are both expressly and solely liable for anything which you provide to us or upload onto the Website, or which you allow anyone to provide or upload on your behalf and will not abuse any such facility and will never use the Website in any way that could damage, disable, overburden or impair the Website or interfere with any other user’s use or enjoyment of the Website

(b) any upload or any data, information or documents which you upload or pass to us have been checked by you as being accurate in fact and content and that anything uploaded and/or provided to us does not breach any copyright, intellectual property or any rights of any third party, whatsoever in nature, and is not contrary to any law.

(c) you are the sole owner and holder of all rights in anything you provide to us or upload to the Website, or that you have the express permission of any other person or organisation who holds any rights whatsoever, to upload and use it in this way.

(d) You therefore specifically agree that we have no liability and furthermore you will indemnify us for any loss relating to any actual or alleged breach of this Clause

(2) Users should only upload information, and this includes all feedback, which we deem acceptable onto the Website. Acceptable includes, but is not limited to, uploads which are fair, true and accurate and comply with all our policies. Uploads which are misleading, discriminatory or breach any law or other person’s or organisation’s rights are unacceptable. All users specifically agree that anything they upload (or allow to be uploaded using their account/details), including any feedback, onto the Website, in any form:

(a) will be honest, accurate, not misleading or false and will not amount to any fraud or misrepresentation and will not impersonate any person or entity for the purpose of misleading others.

(b) will not breach any copyright, intellectual property or the rights of any third party (including disclosing personal and/or confidential information) whatsoever in nature,

(c) will not, nor could not be perceived to, be threatening, defamatory, libellous, discriminatory (in any form), malicious, offensive, against public decency, nor abusive, offensive or obscene in either language or content nor incite such behaviour in others.

(d) will not otherwise harass or invade the privacy of any individual or organisation.

(e) will not contain any restricted or ‘password-only access’ page, or hidden pages or images (those not linked to or from another accessible page).

(f) will not be, nor be perceived to be, pornographic.

(g) will not do anything which reflects unfavourably on the goodwill and reputation of any of our associates, advertisers or other users.

(h) will not distribute or disseminate products, material or information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or confidential information disclosed in the course of employment or under a confidentiality agreement).

(i) will not incite, promote or instruct as to any conduct as described above or which promotes any breach of these User Terms and Conditions or any law and which will not in any way be illegal or contrary to any law.

(3) All users agree that they will not take any action nor fail to take action, as appropriate, that will in any way undermine any feedback system or sharing of reviews, experiences, opinions, statements, recommendations, and any information.

(4) We do not tolerate unsolicited commercial communications, any junk mail, chain letters, unsolicited mail such as Spam or other such similar conduct, commercial or otherwise, and you confirm that you will not engage in any such activity. URLs are allowed providing the link is relevant, useful and necessary.

(5) All users agree that any upload onto the Website that they make can be freely used, copied, published, translated and distributed in any medium and in any form including for advertising and promotional purposes, by us and any other person or organisation, without the user’s express permission and that it will not be subject to any copyright unless specifically marked as such by ©. Please also refer to clause 8 following.

(6) All users understand that we reserve the right, where necessary, to inform the appropriate authorities (such as the police) if we deem any upload to breach any law or, as appropriate, our Terms and Conditions.

(7) We always advise you to retain up to date copy/back-ups of any upload. It is not our responsibility to retain any back-up or copies and we cannot accept any responsibility whatsoever and will not be liable for any losses, claims or damages which may arise.

(8) All users specifically agree that we have no liability with respect to this and furthermore you will indemnify us for any loss.

8 UPLOADING ONTO THE WEBSITE - LICENCE TO USE

When you upload anything onto the Website, the original ownership rights remain but you do specifically agree that we have a non-exclusive, worldwide, and payment and royalty-free sub-licensable licence for the whole of any period to display the upload and to edit, modify, adapt, translate, exhibit, publish, transmit, participate in the transfer of, reproduce, create derivative works from, distribute, perform, display, and otherwise use your upload or any part thereof as necessary solely for the purposes of displaying your upload and operating the Website. This Licence will be terminated when such content is entirely deleted from the Website. You also waive all moral rights you have in the content to the fullest extent permitted by law.

9 OUR INTELLECTUAL PROPERTY

(1) The Website and all the basic content (including text, images, marks or trademarks and logos) with the exception of any feedback experiences, opinions, statements, recommendations, data and information uploaded on the Website by individual users and advertisers, is subject to copyright which belongs to us. This means that users can simply use the Website, but this does not convey to you any rights of ownership, nor any rights to use or display the copyrighted information in any way. Likewise, there is no partnership, joint venture, agency, employment or any other form of relationship between any Website user, associate or advertiser and us.

(2) Specifically, all users agree that you will solely be responsible for your use of the Website and without our express agreement in writing specifically for that user, they will not breach any copyright in so far as information, text, images, content, materials, and anything whatsoever supplied to you or available from us. This specifically means you will not, nor will you assist any other person or organisation, as to either all or any part of material, content or otherwise, to download, copy, assign, transmit, publish, display (including in any way publicly display), use, reproduce, distribute, modify, make derivative works of or create Internet "links", frame, reverse engineer, to the Website or any part of it, without our express permission in writing, including use of our name and any copyrighted or trademarked content.

(3) We do not claim ownership of anything you upload onto the Website. However, by doing so you are granting us a licence and please refer to Clause 8.

10 LIABILITY DISCLAIMER

(1) To the extent that the law allows, we will not be held responsible for any direct or indirect loss, incidental or consequential damage, or loss (economic or otherwise), any punitive or exemplary damages, any loss of reputation or goodwill or business opportunities or contact, or business interruption, however it arises, including out of negligence relating to or in any way connected to any use (unauthorised or otherwise), purchase or sale of products, errors, mistakes, accident, theft or fraud, destruction, or any part of the provision of the Website or these Terms and Conditions.

(2) In the unlikely event that you have any right, claim or action against:

(a) us, then your claim will be limited to the sum of £20.

(b) any other user or advertiser arising from that user’s/advertiser’s use of the Website, then you agree to pursue that right, claim or action independently of and without recourse to us. You specifically release us from all claims, liability, damages, losses, costs and expenses, including any legal fees, known and unknown, arising from or in any way connected with such right, claim or action and agree to completely indemnify us in respect of any such involvement.

11 PRIVACY & DATA PROTECTION

(1) Any data that we collect will be used and stored in accordance with current Data Protection legislation in England.

(2) Please specifically refer to our Privacy Policy which will explain our use of information including our use of cookies

   12 INDEMNITY

You specifically agree to completely indemnify us against all claims, liability, damages, losses, costs and expenses, including any legal fees, known and unknown, arising from or in any way connected with your breach of these Terms and Conditions or your use of the Website, including any upload submitted, posted or transmitted through the Website.

13 QUERIES, COMPLAINTS, NOTICES

(1) Complaints about the products will be dealt with in accordance with our Returns Policy.

(2) We aim to respond to any other complaints and queries within 7 days.

(3) We operate on a “notice and takedown” basis. If you have any complaints or objections to any Website upload, including any feedback, and/or content whatsoever, or if you believe that anything infringes any right you hold, please contact us immediately by email at This email address is being protected from spambots. You need JavaScript enabled to view it.. Once this procedure has been followed, we will use our reasonable endeavours to remove illegal or otherwise improper content within what we deem to be a reasonable time period.

(4) If any complaint may amount to a breach by us, then you must allow us 30 days to remedy that breach.

(5) Any Notices must be sent by email or to the address which appears in clause 1(12) above. We will use the last email or address which you provide to us. Unless the contrary is proved, Notices sent by e-mail will be deemed to be received on the day they were sent. Notices sent by post must be served using Royal Mail Special Delivery or other guarantee services and will be deemed to have been received on the date that Royal Mail obtains a record of receipt from or on behalf of the addressee.

(6) Without limiting any other remedies, we may terminate, suspend or limit your use/registration/account at our absolute discretion, either with or without notice. This would occur particularly where we suspect that you have engaged or are about to engage in, or have been in any way involved in or linked to breaches of any of the Terms and Conditions.

(7) We also reserve the right to cancel, take-down, delete or otherwise remove any advertisement or any upload, feedback, experiences, opinions, statements, recommendations, ratings, and information provided by other users or advertisers or any links to other websites or other information which is made available through the Website, without giving reason and in our absolute discretion.

(8) If we do not act upon any breach immediately, you should not assume that we have waived any rights as to enforceability or to seek redress, unless we have expressly stated that in writing.

14 GENERAL TERMS

(1)(a) The rights given or obligations and duties imposed on a user or advertiser cannot be transferred, sold, assigned, delegated, conveyed rented, subcontracted or shared in any way by you and nobody else can benefit but you.

(b) We reserve the right to transfer, sell, assign, delegate, convey, rent, subcontract or share all or any part of the rights, duties or obligations and provision of the Website.

(2) Waiver - Nothing in these Terms and Conditions and no express or implied waiver by us in enforcing any of our rights under any agreement shall prejudice our rights to do so in the future.

(3) Force Majeure - We will not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside our reasonable control, including but not limited to, acts of God, accidents, war, fire, strikes, lock outs, failure of any communications including telecommunications or computer systems, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and we will be entitled to a reasonable extension of our obligations.

(4) Invalidity and severance - Each clause or any part at all of these Terms and Conditions and Agreement is to be regarded as independent of the others. This means that should any clause or any part at all of these Terms and Conditions be found to be unenforceable or invalid, it will be severed and will not affect the enforceability or validity of the rest of these Terms and Conditions and Agreement.

(5) These Terms and Conditions and Agreement shall be interpreted, construed and enforced in accordance with Englishlaw and shall be subject to the exclusive jurisdiction of the English Courts.

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