Terms and Conditions
This page (together with the documents referred to on it) outlines the terms and conditions on which we grant you access to and use of our website www.ahmadtea.com, the terms and conditions under which we supply any of the products (Products) listed on www.ahmadtea.com, and the terms and conditions under which we may offer any special promotions from time to time. Please read these terms and conditions carefully before continuing to use Our Site or ordering any Products from Our Site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
The terms and conditions do not affect your statutory rights as a consumer.
WEBSITE - TERMS & CONDITIONS OF USE
Access to and use of this site (www.ahmadtea.com) (Site) is provided by Ahmad Tea Limited ("Ahmad Tea"), "we" "us" or "our" (registered in England and Wales under company number 525071 with our registered office at Weston Centre, 1 Wood Street, London EC2V 7WS subject to the following terms:
1. By using this Site you agree to be legally bound by these terms, which shall take effect immediately on first use of this Site. If you do not agree to be legally bound by all the following terms please do not access and/or use this Site.
2. We may change these terms at any time by posting changes online. Please review these terms regularly to ensure you are aware of any changes made by us. Your continued use of this Site after changes are posted means you agree to be legally bound by these terms as updated and/or amended.
Use of www.ahmadtea.com or www.ahmadtea.co.uk
3. You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use this Site content in any way [except for your own personal, non-commercial use]. You also agree not to adapt, alter or create a derivative work from any of this Site's content [except for your own personal, non-commercial use]. Any other use of this Site's content requires the prior written permission of Ahmad Tea.
4. You agree to use this Site only for lawful purposes in accordance with these terms and conditions [and this Site's acceptable use policy], and in a way that does not infringe the rights of, restrict or inhibit anyone else's use and enjoyment of this Site. Prohibited behaviour includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within this Site.
Disclaimers and Limitation of Liability
5. This Site's content, including the information, names, images, pictures, logos and icons regarding or relating to Ahmad Tea and/or its products and services (or to third party products and services), is provided "AS IS" and on an "IS AVAILABLE" basis without any representations or any kind of warranty made (whether express or implied by law) to the extent permitted by law, including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
6. Under no circumstances will Ahmad Tea be liable for any of the following losses or damage (whether such losses where foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising from the use of this Site regardless of the form of action.
7. Ahmad Tea does not warrant that functions contained in this Site's content will be uninterrupted or error free, that defects will be corrected, or that this Site, or the server that makes it available, are free of viruses or bugs.
8. The names, images and logos identifying Ahmad Tea or third parties and their products and services are subject to copyright, design rights and trade marks of Ahmad Tea and/or third parties. Nothing contained in these terms shall be construed as conferring by implication, estoppel or otherwise any licence or right to use any trademark, patent, design right or copyright of Ahmad Tea or any other third party.
Contributions to www.Ahmad Tea.co.uk
10. Further to paragraph 9, by submitting your contribution to this Site you:
a. warrant that:
i. your contribution is your own original work and that you have the right to make it available to Ahmad Tea for all the purposes specified above;
ii. is not defamatory; and
iii. does not infringe any law; and
b. indemnify Ahmad Tea against all legal fees, damages and other expenses that may be incurred by Ahmad Tea as a result of your breach of the above warranty; and
c. waive any moral rights in your contribution for the purposes of its submission to and publication on this Site and the purposes specified above.]
11. If there is any conflict between these terms and specific terms appearing elsewhere on this Site then the latter shall prevail.
12. If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.
13. These terms shall be governed by and interpreted in accordance with the laws of England and Wales.
AHMAD TEA SHOP
SUPPLY OF PRODUCTS - TERMS & CONDITIONS
How the contract is formed between you and us
1. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the order has been accepted (Order Confirmation). The contract between us ("Contract") will only be formed when we send you the Order Confirmation.
2. The Contract will relate only to those Products whose dispatch we have confirmed in the Order Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the order of such Products has been confirmed in a separate Order Confirmation.
3. If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after our delivery agents have recorded successful delivery of your order, provided you: (a) inform us by either (i) emailing your cancellation to us at firstname.lastname@example.org or (ii) writing to us at Ahmad Tea, Winchester Road, Chandlers Ford, Hampshire, SO53 2PZ or (iii) calling us on 02380 278900 between the hours of [9am to 5pm Monday to Friday (except for Public Bank Holidays)]; and (b) return the Product(s) to us immediately in the same condition in which you received them. In this case, you will receive a full refund of the price paid (including the postage price) for the Products in accordance with our refunds policy (set out in clauses 9 - 10). For the avoidance of doubt, we will not refund Product(s) which have been opened or tampered with or which have been consumed in whole or in part.
4. When returning a Product(s) to us in accordance with paragraph 3, you do so at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation. Further details of your right to cancel, and an explanation of how to exercise it, are provided in the Dispatch Confirmation. These provisions do not affect any statutory rights that you may have.
5. The Products shown on this website are a fair representation of the actual terms, although minor details may vary.
6. All Products offered are subject to availability. We will endeavour to identify any "out of stock" products on our website - occasionally, large or frequent orders might mean we run of stock during the trading day.
7. We use Royal Mail Tracked System for nearly all UK deliveries. For Standard delivery, our process is to prepare your order and despatch on the same or next working day [Monday to Friday], which means that you will receive your order within 2 to 5 working days. We will use all reasonable endeavours to ensure these times are met, but cannot be held responsible for despatched parcels delayed by third parties, for example due to poor weather conditions. If you do not receive your order within 5 days, please contact us by email or phone.
8. We use a freight service and transit time will be between 1 and 6 days depending on destination. Any additional charges for customs clearance must be borne by you and we have no control over these charges and cannot predict what they may be. We will replace lost or damaged orders free of charge. Our third party carriers may not be able to deliver to certain countries at particular times for reasons of politics, government, natural disaster or operational crisis. In such circumstances, your shipment will be returned to our mail centre and held until such time that they are able to deliver to you.
Risk and Title
9. The Products will be at your risk from the time of signed delivery.
10. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
Price and Payment
11. The price of any Products will be as quoted on our site and amended from time to time.
12. These prices include VAT if applicable but exclude delivery costs, which will be added to the total amount due as set out in clause 5.
13. Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation. Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
14. We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
15. Payment will be taken at the time of ordering.
16. You undertake that the details you provide to us for the propose of ordering or purchasing goods are correct, that the credit or debit card you are using is your own and that there is sufficient funds to cover the cost of the goods or services ordered.
17. When you return a Product to us:
a. because you have cancelled the Contract between us within the seven-day cooling-off period (see clause 3), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full. You will be responsible for the cost of returning the item to us and risk remains with you until we receive the Product(s);
b. for any other reason (for instance, because have notified us in accordance with clause 22 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund of the Product price paid. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
18. We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
19. If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
20. Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
21. Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
22. If you have any complaint about our service or product, we would very much like to hear from you. Please e-mail us at email@example.com, write to us at Ahmad Tea, Winchester Road, Chandlers Ford, Hampshire, SO53 2PZ or call us on 02380 278900 [9am to 5pm Monday to Friday (except for Public Bank Holidays)]
23. We use Sage pay for our secure payments. The following is extracted from Sage Pay's website:
Is the Sage Pay system secure?
Sage Pay collect card details via a 128-bit SSL secured payment page. We request card number, expiry dates, cardholder name and address and security code value. This information is then further encrypted to be held against the transaction details on our system before being sent to the UK acquiring banks for authorisation (over secure, offline channels). We don't store the security code (in line with Visa requirements) but we do store the card number (only in an encrypted format that none of our staff have access to).Sage Pay secure your card details within our database using AES-256, the keys for which are held on tamper-proof hardware security modules which as stated are unavailable to Sage Pay staff.When your details are supplied to us over SSLv3, the algorithm used is RC4, as it is for almost every major e-commerce site.SSL generates the encryption keys it uses for RC4 by hashing (using both MD5 and SHA1), so that different sessions have unrelated keys. Also, SSL does not re-key RC4 for each packet, but uses the RC4 algorithm state from the end of one packet to begin encryption with the next packet.The SSLv3 certificates we obtain from Verisign to secure our site can support AES-256 as the encryption algorithm, but the vast majority of customers use IE6 or below and older versions of Firefox and Netscape. Most also run on Microsoft Windows, which until Vista is released, cannot use AES in SSL encryption. At present, the vast majority of sessions will be encrypted at 128-bit, but with a strong algorithm like correctly implemented RC4, 128-bits is more than enough to ensure the security of your card details.
We can also assure you that your details would not have been gleaned from our system (which has been approved, and is regularly audited by Visa and Mastercard as one of the most secure sites in the UK). Our systems are independently audited by the UK acquiring banks and we are compliant with the card schemes themselves (both Visa and Mastercard) under their Payment Card Industry Data Security Standard which ensures we meet very strict security guidelines (see this link http://www.visaeurope.com/aboutvisa/security/ais/main.jsp for more information).
24. If you have any specific questions - contact us directly by e-mail at Ahmad Teadirect@Ahmad Tea.com, write to us at Ahmad Tea, 216 Strand, London WC2R 1AP or call us on 0844 324 5000 [9am to 5pm Monday to Friday (excluding public bank holidays)]
Our right to vary these terms and conditions
25. We have the right to revise and amend these terms and conditions from time to time.
26. You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
Law and jurisdiction
27. Contracts for the purchase of Products through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the exclusive jurisdiction of the courts of England and Wales.
28. If there is any conflict between these terms and specific terms appearing elsewhere on our Site then the latter shall prevail.
29. If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.