Terms and Conditions
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
- “Account” means collectively an account created by the User, which shall contain the User’s personal information, payment Information and credentials used by the User to access the Website;
- “Carrier” means any third party responsible for transporting purchased Goods from our Premises to customers;
- “Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
- “Goods” means any products that Kenya Tea advertises and / or make available for sale through this Website;
- “Service” means collectively any online facilities, tools, services or information that Kenya Tea makes available through the Website either now or in the future;
- “Payment Information” means any details required for the purchase of Goods from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
- “Purchaser” means any person or business that buys Goods from Kenya Tea from this Website;
- “Purchase Information” means collectively any orders, invoices, dispatch notes, receipts or similar that may be in hard copy or electronic form;
- “System” means any online communications infrastructure that Kenya Tea makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
- “User” / “Users” means any party that accesses the Website and is not employed by Kenya Tea or engaged as an agent, contractor, trustee, sub-contractor or licensee; and
- “Website” means the website that you are currently using (www.kenyatea.co.uk) and any sub-domains of this Website unless expressly excluded by their own terms and conditions.
2. Your Privacy
In order to purchase Goods on this Website and to use the enquiry facilities, you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website. You must be over eighteen (18) years old to use our Website. Otherwise, you may only visit the Website or create an account under the supervision of a parent or guardian. You are (or, if you are under 18, your parent or guardian is) responsible for your account. You are solely responsible for any activity on your account. If you are sharing an account with other people, then the person whose billing information is on the account will ultimately be responsible for all activity. If you register as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. You are solely responsible for any activity on your account. Therefore, it is important to keep your account password and any device from which you access the Services secure. If accessing the Website and/or Services via a mobile device, we recommend that you do not jailbreak or root the device. We may not require payment information until a purchase is to be made. By continuing to use this Website you represent and warrant that:
- all information you submit is accurate and truthful;
- if you are buying on behalf of your employers, you have the authority to submit Payment Information where any such authority is required; and
- you will keep this information accurate and up-to-date.
Your creation of an Account is further affirmation of your representation and warranty.
It is recommended that you do not share your Account details, particularly your username and password. Kenya Tea accepts no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
If you have reason to believe that your Account details have been obtained by another without consent, you should contact Kenya Tea immediately to suspend your Account and cancel any unauthorised purchases that may be pending. Please be aware that purchases can only be cancelled until they are dispatched. In the event that an unauthorised purchase is dispatched prior to your notifying us of the unauthorised nature of the purchase, Kenya Tea accepts no liability or responsibility and you should make contact with the Carrier detailed in the Purchase Information.
When choosing a username Users are required to adhere to these terms and conditions. Any failure to do so could result in the suspension and/or deletion of your Account.
These Terms do not create any agency, partnership, joint venture, employment or franchisee relationship between you and us.
4. Making an Order on our Website
You may submit your order for the Goods you require to purchase on our Website. To do so, you must follow the order process conducted on our Website, which includes payment for the Goods you require to purchase. Upon submitting a legally binding order with regard to the goods contained in the virtual basket. Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon us sending a dispatch email to the Purchaser indicating that the order has been fulfilled and has been dispatched. We will accept your offer within 3 working days by transferring an order confirmation in written form via e-mail after receiving payment for your order. Should we not accept your offer within the aforementioned period of time, this shall be deemed as rejecting the offer with the effect that you are no longer bound by statement of intent and your payment will be refunded immediately.
The order processing will usually take place via our Website’s automated order processing. It is your responsibility to ensure that the e-mail address you provide us for the order processing is accurate so that e-mails sent by us can be received at this address.
If Goods are being ordered from outside United Kingdom, import duties and taxes may be incurred once the Goods reach their destination. Kenya Tea is not responsible for these charges and we undertake to make no calculations or estimates in this regard. If a Purchaser buying internationally, they are advised to contact their local customs authorities for further details on costs and procedures. The Purchaser of the Goods will also be the importer of record and as such should ensure that the purchase is in full compliance with the laws of the country into which the Goods are being imported. Please be aware that Goods may be inspected on arrival at port for customs purposes and Kenya Tea gives no guarantee that the packaging of the Goods will be free of signs of tampering.
5. Payment and Pricing Information
Any and all payment processing services through or in connection with your use of the Website are provided to you by Stripe. Stripe allows and assists our Website to deliver, hold, or receive payment for the Goods you wish to purchase by making an Order on our Website. You hereby agree to the use of Stripe Services for the facilitation of your payments for any Order you make with us, and to their own Terms and Conditions. To review Stripe Terms and Conditions, please click to the following link: https://stripe.com/gb/checkout/legal.
Any and all invoices are due for payment on the date shown on the invoice, unless alternative arrangements have been agreed between the Purchaser and Kenya Tea. Interest will be charged on a daily basis, commercial interest at 8% above the base rate of the Bank of England obtaining at the time.
All pricing information on the Website is correct at the time of going online. Kenya Tea reserves the right to change prices and alter or remove any special offers from time to time and as necessary. All pricing information is reviewed and updated every 7 days. In the event that prices are changed during the period between an order being placed for Goods and Kenya Tea processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price. All prices on the Website do not include VAT.
6. Goods and Availability
We will attempt to make the Goods and quantities advertised on our Website available at all times. However, this cannot always be guaranteed, and we will not be liable for any products that are not available at the time of your checkout. Stock indications are provided on the Website however these may not take into account sales that have taken place during your visit to the web site. We will notify you as soon as possible when this occurs and advise you on what to do to solve this problem.
We reserve the right to refuse or terminate/cancel orders that have been made because of the Website’s malfunction or error such as technical difficulty or an incorrect price being displayed. Notification to the customer will be facilitated immediately after this has been notified to us and any payment already received from the customer will be refunded.
All our promotions are subject to availability and while stocks last.
The product descriptions for the Goods do not constitute binding offers on our part, but merely serve the purpose of submitting a binding offer by you via making an Order on our Website.
Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods available from Kenya Tea correspond to the actual Goods, Kenya Tea is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods, not different Goods altogether. Where appropriate, you may be required to select the type, grade and quantity of the Goods that you are purchasing.
You hereby acknowledge that you are subject to resale restrictions as a means of respecting all Intellectual Property that accrue on our Goods (such as, trademarks, copyright, designs and others), whether registered or unregistered and to ensure that our Products’ quality and proper use is preserved. As such, you are restricted from any resale of our Products. Failure to comply with this Clause may result in the pursuit of a legal and actionable claim by our side.
We provide the following Delivery Options:
- Standard Delivery to UK Mainland – 2 to 5 Working Days after dispatch.
- Standard Delivery to Europe – 3 to 7 Working Days after dispatch.
- Standard Delivery to Rest of the World – 5 to 10 Working Days after dispatch. On rare occasions, deliveries can take up to 15 working days.
Please note that for Orders made in the UK, we provide free shipping for Orders totalling over £40.
We will notify you by way of email when your goods are to be dispatched to you. The email will contain details of estimated delivery times in addition to any reasons for a delay in the delivery of the Goods purchased by you.
We always use the exact address details you enter when creating your Account, so make sure to check you’ve given us the correct information before you place your Order. If you are unsure, try the Post Office address finder, as we cannot accept liability for late or failed deliveries due to an incorrect address.
We can’t guarantee delivery on specific dates. It’s possible that Customs in many countries may add additional duties or charges, which we have no control over. The charges would be applied in the receiving country, so we cannot predict or influence what they may be. You are responsible for paying these charges should they arise. We do our best to keep up with what’s happening in countries we deliver to, and we reserve the right to decline an order if we think it will be delivered unsafely, or if we think charges may be imposed.
If your delivery is late, lost, incorrect or contains a damaged item, we will do everything we can to get the issue resolved promptly.
Should the assigned transport company return the Order to us because delivery to you was not possible, we will make you responsible for bearing the costs for the unsuccessful dispatch.
8. Property, Risk and Account of Profits
If Kenya Tea receives no communication from you within 14 days of delivery, regarding any problems or defect with the Goods, you are deemed to have received the Goods in full working order and with no problems. The risk of accidental destruction and accidental deterioration of the sold goods shall in principle be transferred to you when they come into the physical possession of you or a person identified by yourself to take possession of the Goods.
Title in Goods will not pass to the Purchaser until the full purchase price for those Goods has been received by Kenya Tea. Title remains with Kenya Tea until payment is complete.
If you sell the Goods on to your own customers in any form, either as purchased from Kenya Tea or forming a component part of a larger Good, and any amount of the purchase price payable to Kenya Tea remains outstanding, you must account to Kenya Tea for the proceeds of such a sale. In such situations, you are then required to hold such proceeds on trust for Kenya Tea until payment has been received in full by Kenya Tea.
Once the payment date has passed, if any sums remain outstanding, Kenya Tea has the right to enter the Purchaser’s premises and remove any Goods which, by virtue of this Clause remain the property of Kenya Tea.
9. Returns Policy
Kenya Tea aims to always provide high quality Goods that are fault free and undamaged. On occasion however, goods may need to be returned. Returns are governed by the following terms:
- If you receive Goods which do not match those ordered, unless accompanied by an explanatory note detailing the changes, stating reasons for the changes and setting out your options, you should contact us within 10 working days to arrange collection and return. Kenya Tea is not responsible for paying shipment costs for customers outside United Kingdom. You will be given the option to have the Goods replaced with those ordered (if available) or to be refunded through the payment method used when the Goods were purchased. Refunds and replacements will be issued upon our receipt of the returned Goods.
- If any Goods purchased have faults when they are delivered, you should contact Kenya Tea within 14 days to arrange collection and return. Kenya Tea is not responsible for paying shipment costs for customers outside United Kingdom. Goods must be returned in their original condition with all packaging and documentation. Upon receipt of the returned Goods, the price of the Goods, as paid, will be refunded through the payment method used when the Goods were purchased.
- If Goods are damaged in transit and the damage is apparent on delivery, you should sign the delivery note to the effect that the goods have been damaged. In any event, such damage should be reported to Kenya Tea within 14 days and arrange collection and return. Kenya Tea is not responsible for paying shipment costs for customers outside United Kingdom. Upon receipt of the returned Goods, the price of the Goods, as paid, will be refunded through the payment method used when the Goods were purchased.
- If the Goods have been dispatched or have reached you, but the Purchaser decides that they are no longer required, the Goods can be returned to Kenya Tea within 14 days of receipt. Goods can only be returned for this reason if their packaging remains unopened and the Goods can be re-sold, as new, without any additional work on the part of Kenya Tea. The Purchaser is responsible for paying shipment costs if Goods are returned for this reason.
If the Purchaser wishes to return Goods to Kenya Tea for any of the above reasons, please contact us using the details on www.kenyatea.co.uk/contact/ to make the appropriate arrangements.
Kenya Tea reserves the right to exercise discretion with respect to any returns under these Terms and Conditions. Factors which may be taken into account in the exercise of this discretion include, but are not limited to:
- Any use or enjoyment that you may have already had out of the Goods;
- Any characteristics of the Goods which may cause them to deteriorate or expire rapidly;
- The fact that that the Goods’ packaging has been opened;
- Any discounts that may have formed part of the purchase price of the Goods to reflect any lack of quality made known to the Customer at the time of purchase.
Such discretion to be exercised only within the confines of the law.
10. Use and Access to the Website
We allow access to our Website on a temporary basis and we reserve the right to withdraw, restrict or change our Services at any time and without notice. We will have no liability if for any reason our Website and services are unavailable at any time or if the content is changed or is out of date.
We grant you a limited, non-exclusive, non-transferable and revocable licence to visit the Site, subject to the following restrictions:
- You will not violate any laws in connection with you visiting the Website, including any local, national and international laws that may apply to you. Unauthorised use of this Website may result in us claiming for damages or you be criminally liable.
- You are responsible for paying any fees you owe to Kenya Tea.
- You agree not to “crawl,” “scrape,” or “spider” any aspect of the Site and the Services or to reverse engineer or attempt to obtain the source code of the Services. You shall not misuse the Site and the Services by knowingly introducing any material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of-service attack. By failing to comply with this provision, you would commit a criminal offence and your right to access the Website will cease immediately and we will report your actions to the relevant authorities.
- You agree not to interfere with or try to disrupt the Site, for example by distributing a virus or other harmful computer code.
- The name Kenya Tea UK Ltd and other marks, phrases, logos and designs that we use in connection with our Services, are trademarks, service marks or trade dress of Kenya Tea in the United Kingdom and other countries. You require our express written permission to use our trademarks, service marks or trade dress.
- By using our Website, you agree that we may provide you information electronically (by email, etc.) instead of mailing paper copies.
Certain functions of the Website will require an active internet connection. The connection can be Wi-Fi, or provided by a mobile network provider, but Kenya Tea cannot take responsibility for the Website not working at full functionality if you do not have access to an active internet connection. In using the Website, you accept responsibility for any charges incurred for the cost of data for the duration of the connection while accessing the Website, or other third-party charges, including roaming data charges. If you are not the bill payer for the device on which you are accessing the Website, please be aware that we assume that you have received permission from the bill payer for using the Website.
The content of the pages of this Website is for your general information and use only. It is subject to change without notice. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this Website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this Website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this Website meet your specific requirements.
From time to time, our Website may include content which includes links to other sites, apps and resources provided by third parties. Such content is provided for your convenience to have access to further information. They do not signify that we endorse any Website, app or any other third party. Any content made available on the Site is for information only, and we shall not be liable for any use of, or reliance on, such content. It shall be your own responsibility to ensure that any products, services or information available through the Services meet your specific requirements.
12. Intellectual Property
This Website contains material which is owned by or licensed to us. This includes, without limitation, our copyrights, patents, designs, layout, look, appearance graphics and our trademarks “KENYA TEA UK LTD.”, “KENYA TEA UK LTD. Premium Loose Tea”, “KENYA TEA UK LTD. Premium Everyday Tea” and all and any other Intellectual Property, either registered or unregistered, licenced or unlicensed. In addition, unless otherwise expressly indicated, this includes all Intellectual Property rights including, but not limited to, Copyright, Patents, designs and trademarks in products, images and descriptions belonging to third-party manufacturers or distributors of such products as may be applicable and as may be facilitated on our Website. Save as described elsewhere, we are the owner or the licensee of all intellectual property rights in the Website and are protected by copyright laws and treaties around the world. All such rights are reserved.
You must not use any part of the Site for commercial purposes without a licence from us or our licensors. You may not reproduce in any format (including on another Site or mobile app) any aspect of the Site or our Services (including content, images, designs, look and feel) without our prior written consent. All trademarks reproduced in this Website, which are not the property of, or licensed to the operator, are acknowledged on the Website. In addition, you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier. Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
Subject to any exceptions of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Kenya Tea, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws. As such, you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by Kenya Tea.
If, in our opinion, you are in breach of these provisions, your right to use the Website and the Services will cease immediately and you must either return or destroy (as required by us) any copies of the materials you have made.
13. Links to Other Websites
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Kenya Tea or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
14. Links to this Website
Those wishing to place a link to this Website on other sites may do so only to the home page of the site www.kenyatea.co.uk without our prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of Kenya Tea. To find out more please contact us by email at firstname.lastname@example.org or click on the link here.
15. Website Availability
Due to the nature of the Internet, Kenya Tea cannot guarantee the continuous and uninterrupted availability and accessibility of the Website. We may restrict the availability of the Website or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Website. Kenya Tea may improve, enhance and modify the Website and introduce new services from time to time.
Our Website is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
16. Third Party Services
During use the Website, you may purchase goods and services from third-party merchants. Any such activity, and any disputes, terms, conditions, warranties or representations associated with that activity, is solely between you and the applicable third party. Kenya Tea and its licensors shall have no liability, obligation or responsibility for any purchase or transaction between you and any third-party provider. In no event shall Kenya Tea or its licensor be responsible for any content, products, services or other materials on or available from third-party sites or third-party providers. Certain third-party providers of goods and/or services may require your agreement to additional or different terms and conditions prior to your use of or access to such goods or services, and Kenya Tea disclaims any and all responsibility or liability arising from such agreements between you and a third party.
17. Use of Communications Facilities
When using the enquiry form or any other System on the Website you should do so in accordance with the following rules
- You should not use obscene or vulgar language;
- Content that is unlawful or otherwise objectionable must not be submitted. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
- Content that is intended to promote or incite violence must not be submitted;
- it is advised that submissions are made using the English language(s) as we may be unable to respond to enquiries submitted in any other languages;
- the means by which Users identify themselves must not violate these Terms and Conditions or any applicable laws;
- Users must not impersonate other people, particularly employees and representatives of Kenya Tea or our affiliates; and
- our System must not be used for unauthorised mass-communication such as “spam” or “junk mail”.
- You acknowledge that Kenya Tea reserves the right to monitor any and all communications made to us or using our System.
- You acknowledge that Kenya Tea may retain copies of any and all communications made to us or using our System.
- You acknowledge that any information you send to us through our System or post on the blog may be modified by us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information.
Either Kenya Tea or a User may terminate an Account. If Kenya Tea terminates your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, Kenya Tea reserves the right to terminate without giving reasons.
- If Kenya Tea terminates an Account, any current or pending purchases on your Account will be cancelled and will not be dispatched.
- Kenya Tea reserves the right to cancel purchases without stating reasons, for any reason prior to processing payment and dispatch.
- If purchases are cancelled for any reason prior to dispatch Purchasers will be refunded any monies paid in relation to those purchases.
- If a User terminates their Account any non-dispatched purchases will be cancelled and a full refund of any monies paid in relation to those purchases will be paid through the payment method used when the Goods were purchased.
Kenya Tea may immediately, without notice terminate this Agreement if:
- you have materially breached your obligations under these Terms and Conditions
- you have violated applicable laws, regulations or third party rights,
- We believe in good faith that such action is reasonably necessary to protect the personal safety or property of Kenya Tea or third parties (for example in the case of fraudulent behaviour of a User)
- you provided us false or misleading information, or
- your actions may cause legal liability for you.
In case of non-material breaches and where appropriate, you will be given notice of any intended measure by Kenya Tea and an opportunity to resolve the issue to Kenya Tea’s reasonable satisfaction.
On termination of your Account, you are not entitled to a restoration of your Account. If your access to or use of the Website has been limited or your Account has been suspended, you may not register a new Account or access and use the Website through an Account of another User.
The clauses of these Terms that reasonably survive termination, such as Clause 12 (Intellectual Property), should survive termination.
We make no representation or warranty or provide any guarantee whatsoever for any of the following:
- the accuracy, or availability of the Website or the accuracy or the validity of any content posted on the Website; or
- whether the User shall find any of the Goods or the Website fit for purpose, useful, satisfactory, accurate, relevant or helpful.
Information furnished by Kenya Tea or any other user is intended for general information purposes only. We hereby disclaim any responsibility for any reliance on such information. In addition, we do not warrant the validity, accuracy, or availability of any information provided and as such, we will not be liable for any damages sustained due to reliance on any such information. Any reliance on such information is done at the User’s full and sole risk and liability.
You agree and confirm that you have had whatever opportunity you deem necessary to investigate the Website, our Terms and Conditions and all applicable laws, rules, or regulations and that you are not relying upon any statement of law or fact made by Kenya Tea relating to the Website.
Kenya Tea makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.
No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
No part of this Website is intended to constitute a contractual offer capable of acceptance.
Kenya Tea does not represent or warrant that such Goods and / or Services will be available from our Premises. For this reason, please contact us prior to visiting if you wish to enquire as to the availability of any Goods and / or Services. Any such enquiry does not give rise to any express or implied warranty that the Goods and / or Services forming the subject matter of your enquiry will be available upon your arrival at our Premises.
Whilst Kenya Tea use reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.
20. Limitation of Liability
Users should be aware that they use the Website and its Content and the Goods at their own risk. Our Website and Goods are provided for you to act under it or to purchase them without any guarantees, conditions or warranties by us, as to their accuracy, functionality, or fitness for purpose. To the extent permitted by law then, we hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and any liability for any direct, indirect or consequential loss or damage incurred in connection with our Website or the Goods, or in connection with the use, inability to use, or results of the use of our Website, any websites linked to it and any materials posted on it (whether by us or a third party) or the use of the Goods, including, without limitation any liability for: loss arising out of incurrence of health and/or mental health decease and/ injury; loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
Nothing in these Terms and Conditions excludes or restricts Kenya Tea’s liability for death or personal injury resulting from any negligence or fraud on the part of Kenya Tea.
Nothing in these Terms and Conditions excludes or restricts Kenya Tea’s liability for any direct or indirect loss or damage arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the Website.
Whilst every effort has been made to ensure that these Terms and Conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
You agree to release, defend (at Kenya Tea’s option), indemnify, and hold Kenya Tea and its affiliates and subsidiaries, including but not limited to their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your breach of these Terms and Conditions or your improper use of the Website or any of our Services, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, or your breach of any laws, regulations or third party rights.
22. Entire Agreement
These Terms and Conditions, including all of the other documents that make up the Terms, supersede any other agreement between you and Kenya Tea regarding the Website. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms.
23. Changes to the Website and Terms and Conditions
Kenya Tea reserves the right to change the Website, its Content or these Terms and Conditions at any time. Users and Purchasers will be bound by any changes to the Terms and Conditions from the first time the Website is used by them following the changes. If Kenya Tea is required to make any changes to Terms and Conditions relating to sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by Purchasers in the future.
24. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
25. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
26. Third Party Rights
Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and Kenya Tea.
All notices / communications shall be given to us either by post to our Premises (see address above) or by email to email@example.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
We may from time to time send you information about our products and/or services. If you do not wish to receive such information, please click on the ‘Unsubscribe’ link in any email which you receive from us.
28. Law and Jurisdiction
These Terms and Conditions and the relationship between you and Kenya Tea shall be governed by and construed in accordance with the Law of England and Wales and Kenya Tea and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
29. General Provisions
These Terms and Conditions do not and are not intended to confer any rights or remedies upon any person other than the User.
If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
Our failure to enforce any right or provision in these Terms and Conditions will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.
Except as expressly set forth in these Terms and Conditions, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without our prior written consent. We may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Website. You may submit such feedback by emailing us, through the “Contact” section of the Website, or by other means of communication. Any feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
If you have any questions about the Terms, please email us at firstname.lastname@example.org.
Last updated: Tuesday, 8th May 2018