Welcome to The Dunedin Tea Company website Terms and Conditions (“Terms”).
The Dunedin Tea Company (“DTC”, “we”, “us” or “our”) provides the services available on this website (“Website”).
Please read these Terms carefully as by using any part of this Website, including completing any customer registration with us and/or placing any order on the Website, you will be deemed to have understood and agreed to be bound by these Terms.
If you do not agree with these Terms, then you must cease use of this Website immediately. These Terms are a contract between us and you may wish to print a copy for future reference. For the avoidance of doubt, please note that each time you access this Website (for whatever reason), you will be deemed to have accepted these Terms.
We may revise these Terms at any time by updating this posting. You should therefore check this Website from time to time to review the then current Terms to ensure that you are at all times fully aware of our current Terms. Any changes are effective immediately upon posting to the Website.
Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Website.
The Dunedin Tea Company a company registered in Scotland whose registered office is situated at 19 St Peter’s Place, Edinburgh EH3 9PQ .
“Website” refers to any of the websites owned and operated by DTC including but not restricted to www.duendin-tea.co.uk or any subsequent URL which may replace it.
“Goods” means the articles supplied and displayed for sale on the Website.
“Buyer”, “user”, “you” refers to you as a customer who is placing an order with DTC or you as a user of this Website.
1.1 We are committed to protecting your privacy. We use industry standard security to safeguard the confidentiality and storage of your personally identifiable information in accordance with current UK Data Protection legislation and guidelines, however, please be aware that “perfect security” does not exist on the internet. Further, it remains each user’s responsibility to safeguard against unauthorised access to their user details, to ensure that only the user logs on to the Website and to ensure that the user logs off from the Website when not using it and to keep his/her log-in details safe.
1.2 You can access our Website homepage and browse this Website without disclosing your personal data.
1.3 When you shop on this Website, we will ask you to input and will collect personal Information from you such as your name, e-mail address, billing address, delivery address, telephone number, product selections, credit card or other payment information and a password.
1.4 Your personal information will be exclusively used for individual customer care. We confirm that any personal information which you provide to us (or which is available on public registers) and any user information from which we can identify you, is held in accordance with the registration we have with the Data Commissioner’s Office. We use your information only for the following purposes:
- processing your orders accurately and efficiently (e.g. providing your credit card details to a third party secure server for payment authorisation);
- to hear your opinion about our products and services;
- if you consent, to advise you of new Website content and provide advertisements to you;
- to administer this Website;
- where applicable, we may, by law, be forced to disclose certain information to government or law enforcement agencies. Therefore, although we take every effort to protect your privacy, you should not expect that your personally identifiable information or private communications will always remain private.
- if you consent, to notify you of new products or special offers that we think you will find of interest.
1.5 You will only receive promotional information from us if you opt in by ticking the appropriate box as you go through the registration process. You can unsubscribe from our contact list at any time by e-mailing us at email@example.com. We will then make sure your personal information is deleted from our mailing list and databases in accordance with our administrative policies (e.g. for example, we may be required to retain your address details in relation to any credit card purchase for a period of not less than 6 months).
1.6 If you would like to check the details we hold about you please do not hesitate to contact us. We will be happy to review and update, amend or delete your records as necessary.
1.7 We can provide you with a readable copy of the personal information which we keep about you within 30 working days, although we will require proof of your identity and any such request for personal information must be received by us in writing. We are entitled to levy a reasonable charge (such charge not to exceed £10) in order to provide this information to you.
1.8 If we wish to use your personal data for new purposes, we will offer you the means to consent to these new purposes by either indicating your consent at the point on the website where the data is collected or by communicating with us by email.
1.9 We never pass, disclose or sell our customers’ personal details to any marketing lists.
1.10 We may be monitoring customer traffic patterns and Website usage so that we can learn about how people are using the Website and how we can improve our service. This can include the use of a “cookie”. Cookies are small text files that are sent to your browser and stored on your computer’s hard disc. If you wish, you can modify your browser to prevent this happening. Please note however that by disabling cookies, this may impair your experience of our Website.
1.11 We do not knowingly collect personal data from children. We do not sell products for purchase by children. Any children’s products sold are intended for purchase by adults. By accepting these Terms, you confirm that you are over 18.
1.13 If all (or substantially all) of our assets which are used to operate our business are acquired by a third party, then your personal information may be transferred to that third party.
1.14 Personal data may be transferred worldwide.
Post: 19 St Peter’s Place, Edinburgh UK EH3 9PQ
1.16 Information on current UK Data Protection legislation is available at: www.informationcommissioner.gov.uk
2.1 We have taken steps to ensure the security and privacy of our systems and our user’s data and personal information. Our Website uses a market leading secure payment system, Sage Pay Europe Ltd which offers all of the security measures you would expect as dealing with a major bank. At checkout you are transferred via a secure server to the EMBOSS payment gateway server, a 128bit SSL encrypted secure page where you complete your order by providing your credit card details. Your browser encrypts the information that you type and the EMBOSS server decodes it. Systems which encrypt potentially sensitive information by Secure Sockets Layer (SSL) technology provide the best possible protection on the internet. You can identify that you are on a secure site when the padlock appears at the bottom of the screen.
2.2 All card details are encrypted using 128-bit encryption; they are not held in clear text on any Website. When you choose to pay online, your card details will not be available to Jordan Valley staff. Your card details are input into the EMBOSS payment gateway secure site and we do not have access to them at any time. Your card and address details are security checked and verified with the relevant card issuer and your payment is pre-authorised. You will receive a message in your internet browser window to tell you that payment has been authorised, and we will receive confirmation from the payment provider.
2.3 We are not liable for any unauthorised, erroneous or denied payments.
2.4 If you have any security concerns or questions please contact us at firstname.lastname@example.org
3. PLACING AN ORDER WITH US
3.1 You place your order by clicking on the submit order button at the end of the on-line order process. You will be guided through the process of placing an order by a series of simple instructions on the Website.
3.2 Once you have placed your order, we will send to you an acknowledgement email detailing the Goods that you have ordered, a payment reference and the value of your order which will be debited from your credit/debit card.
3.3 Unless we have notified you that we are not able to accept your order or you have cancelled your order in accordance with the Cancellation and Returns Procedures set out below, our acceptance of your order and the completion of the contract between you and us will take place at the time and date that we notify you by e-mail that we have despatched the Goods ordered by you. The deemed time and date of receipt by you shall apply regardless of whether, for reasons outside our control, you have not received that email.
3.4 You will be sent a VAT invoice together with the Goods ordered. This invoice also acts as a VAT receipt.
3.5 Non-acceptance of an order may be a result of one of the following:
- The product you ordered being unavailable from stock or,
- Our inability to obtain authorisation for your payment or,
- The identification of a pricing or product description error or,
- You not meeting the eligibility to order criteria set out in these Terms.
3.6 If we are unable to fulfil your order following our order acknowledgement (i.e. in relation to any non-acceptance of an order), we will contact you by email or telephone to advise you of this as soon as possible. You will be given a full refund of what you have paid in relation to any such non-fulfilled order. Please note that the only exception to this full refund policy is in relation to bespoke or customised Goods – in such cases we CANNOT offer a refund of any kind.
5.1 The price of the Goods shall be the price quoted on the Website on the date of acceptance of the order by us. If we find a pricing error on our Website we will inform you as soon as possible and give you the opportunity, if you wish, of reconfirming your order at the correct price or cancelling it. If you cancel and you have paid for the Goods, you will be given a full refund. For the avoidance of doubt, we are neither bound nor liable in any way to provide Goods to you on the basis of any pricing error (obvious or otherwise) found or posted on our Website.
4.2 All prices indicated for products available via the Website are inclusive of VAT (where applicable) at the currently applicable rate. VAT will be deducted for orders made from non-EU resident customers for a non-EU delivery address.
4.3 The price of the Goods does not include delivery. You will pay the delivery charges by the method specified in your order for transport and packaging as quoted on the Website on the date of acceptance of the order.
4.4 Price and availability information is subject to change without prior notice.
5.1 Payment of the price of an order must be received by us and cleared before despatch of your Goods.
5.2 We accept MasterCard, Visa, Switch, Maestro and Solo for online payment. All transactions are in pounds sterling (£). If paying by credit or debit card, please advise us of the billing address your provider holds on file. You confirm that the credit or debit card that is being used is yours. We cannot be liable for any unauthorised transactions nor can we be held liable for any denied payments which are a result of the information provided by you.
5.3 We value your custom and only take payment when your order is ready for dispatch. To validate your credit/debit card, a token authorisation amount of £1.35 is held by your bank or card issuer for 3 working days and then released back in to your account.
5.4 All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to, or subsequently refuses to, or does not, for any reason, authorise payment to us, we will contact the cardholder to advise. However, we shall not be responsible for any costs or inconvenience caused by a subsequent delay, denial or payment or subsequent non-delivery of any Goods on the basis of the above
6.1 Every effort is made to ensure that your order is dispatched within 1 working day of order paid by credit/debit card, subject to events that are beyond our reasonable control.
6.2 If your ordered item is temporarily out of stock, we will endeavour to ship your complete order within 7 working days. If expected dispatch is longer than 7 working days, we will part ship your order from our warehouse, or contact you to advise of expected delivery times.
6.3 We use Royal Mail or specialist mailing or express couriers, depending on the service level required or requested. Delivery in the UK by these methods usually takes between 3-5 working days and up to 14 working days for the rest of the world after despatch. In light of these delivery times, you accept that time is not of the essence although we will make every effort to ensure that your order is processed and your Goods delivered as quickly as possible. If you would like to track the processing and despatch of your order please email us at email@example.com.
6.5 Please note that we do not accept any liability whatsoever for any delay in delivery caused by third parties (including Royal Mail or any mailing or courier service companies) that we may use to deliver your order.
7.1 The method and address for delivery shall be as specified in your order. Parcels may require a signature on delivery. If you will not be at your home address during normal office hours, you may wish to give us an alternative delivery address, such as a work address. Please ensure we have the full address including your full postal code (PO Box addresses are not acceptable for delivery) and a contact telephone number.
7.2 Upon receipt of the Goods you must inspect the Goods. Upon delivery of the Goods to you, we will also provide you with sufficient details to enable you to:
- exercise your right of cancellation; and
- address any intended cancellation or complaint to the correct place of business.
7.3 If any item arrives damaged or defective, please contact us in accordance with the Damaged Goods policy below and we will make arrangements for a replacement to be delivered to you.
8. POST & PACKAGING
8.1 All GB Mainland and Skye Standard:
- Orders of £30.00 and over are sent FREE to all GB mainland and Skye addresses
PLEASE NOTE: FREE SHIPPING OFFERS DO NOT APPLY TO ORDERS OUTSIDE UK, AND ONLY ONE COUPON CAN BE USED AT ANY ONE TIME.
Goods will not be shipped outside the UK without the appropriate shipping fee being paid.
We have to make a surcharge for deliveries to Isle of Man, Scottish Islands and Northern Ireland. These will be inline with the charges made by hauliers for such deliveries.
8.2 Europe and Worldwide:
Charge calculated by weight based on Royal Mail or International carrier standard charges to relevant countries
PLEASE NOTE: FREE SHIPPING OFFERS DO NOT APPLY TO ORDERS OUTSIDE UK or orders £20.00 and under. Goods will not be shipped outside the UK without the appropriate shipping fee being paid.
9. CUSTOM DUTIES AND OTHER TAXES
9.1 We cannot be held responsible for any import taxes or duties levied by authorities in the destination country. If you have any queries as regards duty on imports we suggest you contact your local customs office.
10. RISK AND OWNERSHIP
10.1 Risk of damage or loss of the Goods shall pass to you on delivery or, if you fail to take delivery of the Goods, at the time when the Goods are delivered (or delivery is attempted) to you in accordance with your instructions.
10.2 Title in the Goods shall pass to you upon delivery of the Goods and on our receipt of full payment. Legal ownership of the Goods will immediately revert to us if we refund any such payment to you or if the Goods are returned in accordance with any cancellation, refund, return or exchange policy as posted on this Website.
11. CANCELLATION, RETURNS & EXCHANGES
12.1 After placing your order, you may cancel it at any time, up to 7 days after the date of delivery for a full refund. Please return the Goods, unused and in their original packaging together with the return form supplied with the delivery, within 28 working days from receipt of the Goods to Returns Dept. The Dunedin Tea Company, 19 St Peter’s Place, Edinburgh EH3 9PQ for a refund or an exchange. Please note that, for reasons of hygiene, we are unable to offer refunds or exchanges on any opened or used product. Additionally, we cannot offer any refunds for customised or bespoke Goods which are not damaged or defective.
11.2 We will not accept any responsibility for loss or damage to Goods returned in this way until they are received at our address above. We strongly recommend that returns are sent by ‘recorded registered delivery’ and the original proof of posting is kept. Please note that we are not responsible for return postage other than for incorrectly supplied, defective or damaged Goods. Return postage for Goods returned for any other reason shall be solely at your cost.
11.3 Once we receive the Goods in their original condition, any payments made by you for your purchase will be refunded in full within 30 working days or, where applicable, replacement Goods will be despatched to you as soon as possible with no further costs for you.
12. DAMAGED GOODS
12.1 You should inspect the Goods when you receive them for damage or defects. In the event that your order is incorrectly shipped or found to be damaged or defective, please contact us within 2 working days of receipt of Goods. The Goods should be promptly sent back to us including the original invoice and packaging. We will then offer you a full refund or replacement including postage.
13. DESCRIPTION OF GOODS
13.1 We take all reasonable care to ensure that all details, descriptions and prices of products appearing on the Website are correct at the time when the relevant information was entered onto the system. However, although we aim to keep the Website as up to date as possible, we do not warrant that product descriptions, colours or other content available on the Website are accurate, complete, reliable, current, or error-free. We try to include as much information as we feel necessary for you to make an informed choice. The colours on your screen and any product descriptions should be used as a guide only.
13.2 In addition, due to the fact that the products are made of natural ingredients and components, slight variations may occur in actual Goods. All dimensions are approximate.
14. INTELLECTUAL PROPERTY
14.1 You acknowledge and agree that all intellectual property and other proprietary rights (including, but not limited to, copyright and trademarks) and all technical, business or similar information (including but not limited to, all designs, documents, photographs and other materials relating to the Goods) created by us (and or any applicable licensors) shall be, and shall remain our property (or the property of our licensors, as applicable). All design, text, graphics, layout, software and all other materials on this Website are protected by copyright, trademark and other proprietary rights and belongs to us (or our licensors, where applicable) and all such rights remain reserved.
14.2 We give no permission in respect of the reproduction or use for any purpose of any brand names, product names, designs or other material shown on this Website in which intellectual property rights subsist. Unless otherwise stated, users may view, print and download the contents for their own personal, non-commercial use only; the contents must not be used for commercial or business purposes or incorporated in any work or in any publication in any form without prior written permission from us or any applicable licensor or copyright owner.
14.3 By submitting any content data whatsoever including but not limited to recipe, review, image, video, comments and concepts to Real Foods you hereby grant to Real Foods an irrevocable, perpetual, worldwide, royalty-free right and license to use, display, publicly perform, modify, reproduce, publish, distribute, make derivative works of, sublicense, and otherwise commercially and non-commercially exploit your submitted Items and all copyright, trademark or other intellectual property rights therein without compensation of any kind to you or any third party.
14.4 You hereby warrant that you have all necessary right and authority to grant the license set forth herein to your submitted item and that your submitted Item does not violate or infringe any copyright, trade secret, trademark or other intellectual property right of any third party. Publication or use of any submitted items is at the sole discretion of Jordan Valley.
15. REPRESENTATIONS, WARRANTIES AND LIMITATION OF LIABILITY
15.1 The Website is presented on an “as is” basis. We make no representations or warranties of any kind whatsoever, express or implied, in connection with these terms or the Website, including but not limited to warranties of satisfactory quality, non-infringement or fitness for a particular purpose, except to the extent that such representations and warranties are not excludable by law. The information displayed is of a general nature and is not intended to address your particular requirements or constituting any form of advice, recommendation or arrangement by us.
15.2 We make all reasonable efforts to ensure that the information on our Website is accurate and up-to-date. However, you should always independently check any information before you rely on it. We do not represent or warrant that the information accessible via this Website is accurate, complete or current and we do not accept liability for any loss whatsoever arising from any inaccuracy or information that is out of date.
15.3 In particular, you agree that, to the fullest extent permitted by applicable law and save in respect of death or personal injury arising from our negligence, neither us nor any of our parents, affiliates, subsidiaries, directors, employees, shareholders, agents or other representatives shall be responsible or liable under any circumstances, for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages), or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise in connection with your use of this Website and its services.
15.4 The limitation of liability noted at clause 15.3 above shall also be extended to include any use in connection with your use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website. Such limitation of liability shall also extend to any events beyond our reasonable control including any restricted or non-access to this Website due to service interruptions.
15.5 You agree to indemnify and hold us and (as applicable) our parents, subsidiaries, affiliates, officers, directors, agents, representatives, shareholders and employees harmless from any claim or demand, including any legal fees, made by any user (registered or otherwise) or third party due to or arising out of your breach of these Terms (including any documents incorporated by reference), your violation of any law or the rights of a third party or any breach of your representations and warranties as contained herein.
15.6 Although we accept that we are obliged to take every reasonable step to ensure authenticity of your credit/debit card transactions, we are not held liable for any damage or loss due to any misuse by any other person of your credit or debit card details.
16. THIRD PARTY LINKS
16.1 We are not responsible for the content of any off-Website pages or any other websites linked to or from the Website. Our Website may contain links to other internet sites operated by third parties. We may provide such links for your convenience only, and links from this Website to any other website do not imply that we approve of, endorse, or recommend that website. We assume no responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy statements and terms and conditions. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and we should not be regarded as the publisher of such opinions or material.
17. ENQUIRIES, COMMENTS, AND COMPLAINTS
17.1 If you require any more information on our products or services, please e-mail us or call us at the contact details below.
17.2 We hope that you will be delighted by your shopping experience with us. However, if you are dissatisfied with a product or service provided by us, please contact us quoting your unique transaction number and provide us with the details and/or nature of complaint. We will try to resolve your issue as quickly and easily as possible.
17.3 We can be contacted by telephone, email or post at:
- Email: firstname.lastname@example.org
- Post: 19 St Peter’s Place, Edinburgh EH3 9PQ
17.4 Any formal legal notices should be sent to us at the address provided above by registered post. Receipt of such notice shall be deemed to have taken place 2 working days after posting. Any formal legal notices that we send to you shall be sent to you by registered post at the last known address provided by you and receipt by you shall be deemed to have taken place 2 working days after posting.
18. FURTHER CONDITIONS
18.1 You acknowledge and agree that these Terms constitute the complete and exclusive agreement between us concerning your use of the Website and any purchase by you of any Goods from us, and supersede and govern all prior proposals, agreements, or other communications. No variation of these Terms shall apply unless agreed in writing by us.
18.2 If any provision of these Terms is found to be unlawful, invalid or unenforceable in whole or in part by any court having competent jurisdiction, the invalid or unenforceable provision will be severed from these Terms, and the validity of the other provisions of these Terms and the remainder of the provision in question shall not be affected thereby and shall remain in full force and effect to the fullest extent permitted by law.
18.3 Nothing contained in these Terms shall be construed as creating any agency, partnership, or other form of joint enterprise between us.
18.4 Due to our policy of updating and improving the Website, we may alter the content of this Website at any time. You shall not transfer, assign or sub-contract any obligations under these Terms without our prior consent in writing.
18.5 No failure to exercise and no delay on the part of either party in exercising any right, remedy, power or privilege of that party under these Terms and no course of dealing between the parties shall be construed or operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights and remedies provided by these Terms are cumulative and are not exclusive of any rights or remedies provided by law. Time shall not be of the essence in relation to these Terms as regards to any of the times, dates and/or periods mentioned herein.
18.6 We may, with or without prior notice, terminate any of the rights granted by these Terms. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Website.
18.7 We reserve the right to refuse to supply Goods to any person for any reason whatsoever, to withdraw any Goods or offers from the Website at any time and/or remove or edit any materials or content on the Website. We will not be liable to you or any third party by reason of our withdrawing of any Goods or offers from this Website whether or not such Goods have been sold or such offers have been extended, removing or editing content on the Website or refusing to process a transaction or unwinding or suspending any transaction after such processing has begun.
18.8 Headings in these Terms are for convenience only and will have no legal meanings or effects.
18.9 If you have any questions regarding these Terms please contact us by email at email@example.com
19. GOVERNING LAW
19.1 This Website and these Terms are governed by and construed in accordance with Scottish law. You hereby agree unequivocally that any disputes arising in connection with this Website or these Terms shall be subject to the exclusive jurisdiction of the Scottish courts without exception.