Website Terms and conditions: sale of goods to consumers
1. Who are we and our contact details
1.1. We are Curious Tea Ltd. We’re a company registered in England and Wales with company number 08982397 whose registered address is at Unit 50, Spaces Business Centre, 15-17 Ingate Place, London SW8 3NS.
1.2. You can get hold of us in any of the following ways:
- by emailing us at contact@curioustea.com;
- by telephoning us on +44 77 99 900 500; or
- by writing to us at Unit 50, Spaces Business Centre, 15-17 Ingate Place, London SW8 3NS.
1.3. In case you need it, our VAT number is GB 208446315.
2. What do these terms do, and why are they important?
Please read these terms and conditions carefully before you place an order with us via the website. They contain important information, including
- how we will provide you with the goods that you have ordered
- our payment terms and delivery times
- the situations in which this contract may be amended or cancelled by you or by us (including within a cooling-off period)
- what you should do if there is a fault with the goods that we have provided to you, and
- how we will use your personal details
as well as other matters.
2.1. If, in these terms and conditions, we say that either of us may contact the other in ‘writing’, then this means it can be by letter or by email.
2.2. Separate terms and conditions apply to the use of our website which are found lower down this page.
3. Your personal information
3.1. For information about how we collect and use your personal information, please see our website privacy notice.
4. Order Process and the Contract between you and us
4.1. When you place an order with us, the legal contract between you and us will only come into existence when we tell you that we can provide the goods to you. If we tell you that we cannot provide the goods to you for whatever reason, then we will not charge you for them. If we tell you that we are unable to provide the goods, and we have already received payment from you, then we will promptly refund you for any goods that we cannot provide to you.
5. About our tea products
5.1. Any descriptions or images of the tea products, and the packaging in which they are provided, which are set out on our website, are for illustration only. Images on our website of our tea products may appear differently on different devices and displays. While we endeavour to be as accurate and consistent as possible, given the natural and artisanal nature of many of our tea products, they may be slightly different to those descriptions or images.
5.2. While we do our best to provide an accurate description of our tea products, there may be variations between harvest years and different batches of the same tea product. We always endeavour to include the most up to date information on the product page of each specific product. Please be aware that different harvests or batches of the same tea can be different so we always suggest purchasing a smaller amount first. However, if a batch or harvest of a tea that we sell differs significantly in flavour or quality to the previous one that we offered, we will always endeavour to highlight the specifics on the product page of each affected product.
5.3. We endeavour to describe our tea products in an accurate way by providing a taste profile and detailed tasting notes. However please be aware that due to the subjective nature of personal taste, these may differ to your perception of a specific tea product.
5.4. We endeavour to provide brewing instructions for our tea products that correspond to each specific product. These are only guidelines as we cannot account for all possible methods and personal preferences of using our tea products. Please only use these as a basic guide. Please contact us first if the tea does not perform to your expectations as we may be able to suggest alternative brewing methods and parameters.
5.5. In case you are unsure about whether you will enjoy a specific tea product, we suggest ordering our 10g sample pouches first. We are unable to provide refunds for opened pouches of our tea products simply because you did not like the flavour.
5.6. Foreign objects can sometimes occur in some of our tea products. This is due to artisanal and hand processed nature of our tea products. While we endeavour to remove any foreign objects, some foreign objects may make their way into our packed tea products. Normally these do not have an adverse effect on the tea product. If you have any concerns about foreign objects found in our tea products, please contact us.
5.7. Allergens. Our tea products are NOT SUITABLE for people with severe allergic reactions. If you have a severe allergic reaction please DO NOT purchase our tea products. Many of our tea products are processed in the open air. As we source our teas from a wide variety of sources, we do not have full control of where and how the tea products are processed. As such we cannot guarantee that they will be completely free from allergens or traces of allergens at source. Our tea products are packed in a protective environment where traces of nuts or other allergens may be present. By agreeing to these Terms and Conditions at checkout you agree and acknowledge that our tea products purchased MAY CONTAIN allergens or traces of allergens.
6. About our tea ware products
6.1. Any descriptions or images of the tea ware products, and the packaging in which they are provided, which are set out on our website, are for illustration only. Images on our website of our tea ware products may appear differently on different devices and displays. While we endeavour to be as accurate and consistent as possible, given the artisanal nature of many of our tea ware products, they may be slightly different to those descriptions or images.
6.2. Many of our tea ware products are handmade, which means that the size, dimensions or weight of the handmade goods may vary by up to 5% above or below the amounts quoted on our website. This applies to glaze and other patterns that may differ from product to product.
6.3. If you are unsure of any of the above or would like images, dimensions or volumes of specific products please contact us prior to placing an order.
7. About our subscription products
7.1. To become an active subscriber to our subscription products, you must pay the applicable subscription fees. The fees can be paid during checkout of the relevant subscription product. We will send you an acknowledgement of your order. The contract between us for the supply of the subscription product shall come into force upon the issue of the order acknowledgement and will be subject to these general Terms and Conditions and in particular this section 7.
7.2. You will become an active subscriber for the duration of your subscription. You cease to be an active subscriber upon suspension or cancellation of your subscription either by you or by us, or in case of one-off subscription products by expiration of their term. The duration of a subscription product is depended on your subscription type:
- monthly subscriptions end when the subscription is cancelled by you or us or if the subscription product is not automatically renewed on the 10th day of each calendar month;
- quarterly subscriptions end when the subscription is cancelled by you or us, but only after your last quarterly subscription product is dispatched, or if the subscription product is not automatically renewed on the 10th day of each third calendar month;
- one-off subscription products will end 3, 6 or 12 calendar months from the date when you purchased the respective subscription product.
7.3. Payments:
- automatically recurring monthly subscriptions products: first payment taken immediately on placement of order and all subsequent repeat payments taken on the 10th day of the following calendar month and each subsequent calendar month until cancelled by you;
- automatically recurring quarterly subscriptions products: first payment taken on placement of order and all subsequent repeat payments taken on the 10th of the third following calendar month and each subsequent third calendar month until cancelled by you;
- non-recurring one-off (3, 6 and 12 month) subscriptions products: first and only payment taken on placement of order with no subsequent payments.
7.4. Some typical examples of the subsciption product types and payment and dispatch timescales:
Subscription Type | First Payment | First Subscription Product Dispatch Date | Next Payment | Months in which subscription products dispatched |
---|---|---|---|---|
Monthly Pay for and recieve one subscription product in the same calendar month the payment is made with automatic renewal in subsequent calendar months until suspended or cancelled. | 1-14 January 15-31 January | 15 January 15-31 January | 10 February 10 February | January |
Quarterly Pay for and recieve three subscription products starting in the same calendar month the payment is made with automatic renewal every third calendar month until suspended or cancelled. Following the first dispatch, all subsequent subscription products dispatched around the 15th day of the relevant calendar month. | 1-14 January 15-31 January | 15 January 15-31 January | 10 April 10 April | January February March |
One-off 3 months Pay for and recieve three subscription products starting in the same calendar month the payment is made without further renewal. Following the first dispatch, all subsequent subscription products dispatched around the 15th day of the relevant calendar month. | 1-14 January 15-31 January | 15 January 15-31 January | None | January February March |
One-off 6 months Pay for and recieve six subscription products starting from the same calendar month the payment is made without further renewal. Following the first dispatch, all subsequent subscription products dispatched around the 15th day of the relevant calendar month. | 1-14 January 15-31 January | 15 January 15-31 January | None | January – June |
One-off 12 months Pay for and recieve twelve subscription products starting from the same calendar month the payment is made without further renewal. Following the first dispatch, all subsequent subscription products dispatched around the 15th day of the relevant calendar month. | 1-14 January 15-31 January | 15 January 15-31 January | None | January – December |
7.5. At the end of any recurring period of a subscription product for which you have paid, and subject to the other provisions of these Terms & Conditions, your subscription will be automatically renewed and you must pay to us the applicable subscription fees, unless you cancel the subscription before the date of renewal. This provision is not applicable to one-off subscription products.
7.6. You may cancel your subscription product at any time before the auto-renewal of your subscription product or prior to expiration of the full term of our one-off subscription products. If you cancel your subscription product prior to receiving all of your subscription benefits, you will be still entitled to receive all subscription benefits from us and you will not be entitled to a pro-rata refund of any subscription price paid.
7.7. You may at any point suspend your subscription product. This will result in no payment being taken and no subscription products being sent out. For the suspension to take affect please ensure to suspend your subscription product prior to the 10th calendar day of the month in which you would like the effect to take place.
7.8. If you would like to resume your suspended subscription, you may do so before the 10th day of the calendar month in which you would like the effect to take place. If you are resuming your subscription product after the 10th day of the calendar month, you will automatically receive the subscription product from the next calendar month. If you are resuming your subscription after the 10th day of the calendar month but still would like to receive the subscription product from that calendar month, please contact us so we can make manual arrangements.
7.9. For so long as you are an active subscriber, you will benefit from various benefits set out on our website. The benefits are subject to change and can be altered or withdrawn at any time.
7.10. We will dispatch your subscription products around the 15th day of every calendar month provided that you are an active subscriber.
7.11. Our subscription products have different delivery pricing dependent on the product and destination. You can review the current pricing here: http://www.curioustea.com/delivery/. Delivery costs are calculated at checkout and are calculated for the duration of the subscription product that you are purchasing. We currently offer free delivery on our subscription products to the UK only.
7.12. You are responsible for keeping your delivery address details up to date on your account section of our website or by notifying us in writing. Your notification of change of delivery of address must reach us before the 10th day of the calendar month you want the change to take effect in. If you are making a change to your delivery address please contact us to make sure the change is accurately reflected in our system. We cannot take responsibility for subscription products being sent to wrong addresses.
7.13. We may from time to time vary the subscription products and the associated benefits by posting a new subscription description on our website. Providing that if in our reasonable opinion such a variation results in a substantial loss of value or functionality, you shall have the right to cancel your subscription, and we will refund to you a pro rata amount of the fee paid in respect of your subscription, such amount to be calculated by us using any reasonable methodology.
7.14. If for whatever reason we are unable to provide you with the subscription products we will contact you immediately to notify you. If we stop providing the subscription products, we will contact you at least 30 calendar days before we stop providing them to notify you. If you have made payment for subscription products that we will no longer be providing to you, we will offer to you the relevant pro-rata refund.
7.15. If you wish to cancel, suspend or reactivate your subscription, please use the online account management section of our website or contact us using the contact details on our website.
8. Changes to goods
8.1. If you would like to make a change to the goods for which you have already placed an order, please contact us as promptly as you can. We will always be willing to discuss with you whether the change you would like to make is possible, and whether there are likely to be any changes to price, delivery timescale, any suspension period whilst any changes are made, or any other consequences or changes arising from your request. If your requested change is possible, we’ll ask you to confirm that you would like to continue with the change, to ensure that we’re both clear on how we need to fulfil your request.
8.2. It is possible that, exceptionally, we may need to make a change to the goods. If these exceptional circumstances arise in relation to an order that you have placed with us, then we will contact you before we make the change to let you know. If you do not want to proceed with the change, you’ll be entitled to cancel the contract and section 17.1 (cancellation terms) of these terms and conditions will apply.
The changes that we expect to fall under this section are:
- In relation to tea products, if the harvest date listed on our website is sold out but a more recent harvest is available;
- In relation to tea products, if the product is sold out and we need to back-order from our suppliers resulting in a possible delivery delay;
- In relation to subscription products, changes to the start and end dates;
- In relation to any orders placed on our website, if any special requests are made by you at the time of placing the order, which cannot be carried out by us, require significant alteration of your order or where such requests would require additional payment by you.
9. Payment details
9.1. The price of the goods will be the price set out on our website at the time when you place your order. Our prices include VAT at the current rate where applicable. VAT rates are calculated at checkout and depend on the country of your delivery address. Tea products are currently zero-rated for VAT purposes.
9.2. We make all reasonable efforts to ensure that we do not make errors with the prices that we charge you. For example, before we accept your order, we usually try to check the website price against our price list in force at the time of your order. However, if an error has been made and the price in the price list is lower than the website price, then we will charge you the price on the price list (being the lower amount). If an error has been made and the price in the price list is higher than the website price, we will contact you to confirm how you would like to proceed (and if you want to cancel the contract section 17.1 of these terms and conditions will apply).
9.3. Any costs for delivery of the goods will be the amounts that were set out to you during the order process on our website.
9.4. When you need to pay us depends on whether the goods are one-off or provided on a subscription basis:
- For one-off goods, you must pay for them before we deliver them to you;
- For subscriptions to goods you must pay monthly, in advance ;
9.5. We accept payment by Credit/Debit card via Stripe or PayPal. Due to limitations outside of our control subscriptions payments are currently only processed via Stripe.
10. Delivery and collection of goods
10.1. Delivery and supply times will depend on whether the goods you have ordered are one-off or subscription. Our current up-to-date delivery information is available here http://www.curioustea.com/delivery/. Please note the contents of this page as that sets out the most up-to-date specific delivery information as well as provides notification of any current ongoing delivery issues.
10.2. If the delivery option selected by you during checkout is unavailable to your destination due to any reason, we will endeavour to offer alternative methods of delivery that may or may not result in additional charges. We will contact you first prior to making any changes to the delivery method.
10.3. Important information for our international customers (any country or territory outside of the United Kingdom):
10.3.1. Please check carefully delivery methods and timescales available to your destination. We always suggest using a tracked service for international orders. We are unable to offer refunds for goods sent internationally via untracked services and untracked international orders are sent at your risk. However if your order does not arrive, please contact us first to see if we can provide assistance on a case by case basis.
10.3.2. It is your responsibility to familiarise yourself with import regulations in your country. Please contact your local Customs Authority for more details.
10.3.3. When placing an order for delivery with DHL please contact your local DHL representative first as there are further destination specific restrictions.
10.3.4. Payment of any fees or duties levied by the Customs Authority in your country is your responsibility and we cannot be held liable for those under any circumstances.
10.3.5. We always fill in the relevant customs paperwork. If your Customs Authority has specific requirements in relation to the customs paperwork please let us know when placing your order or prior to your order being dispatched. We cannot be held liable for any omissions or mistakes in the customs paperwork that may result in wrong fees or duties being levied by the Customs Authority in your country.
10.3.6. We cannot be held responsible for any delays or order returns due to actions of the Customs Authority in your country. If an order is returned to us due to actions of the Customs Authority in your country, provided the goods are in original condition, we may offer you a refund of the price paid for the goods less any shipping costs. Where you recieved free shipping, we reserve the right to deduct the actual shipping costs from the refund that we offer to you.
10.3.7. Some countries restrict import of certain types of goods. We cannot be held liable for any actions by the Customs Authority in your country in relation to seizure, destruction or damage to goods that you ordered from us. In such cases we are unable to offer refunds as these circumstances are outside of our control.
10.3.8. For some destinations you may be required to provide additional documentation to the Customs Authorities. We will endeavour to provide all supporting documentation to you if practicable. Please contact us if you have any specific requirements.
10.4. We will contact you if we are delayed in dispatching the goods to you because of circumstances that are not within our control. If we contact you within a reasonable time to let you know about this, then we will not be responsible for any delays due to those circumstances. If the delay continues beyond a reasonable amount of time, then you can contact us to cancel the contract, and we will provide you with a refund for any goods that you have paid for but not yet received.
10.5. There may be occassional delivery delays that are outside of our control. Some deliveries, especially international deliveries can take a very long time to reach you so please be patient. However, if the delay continues beyond a reasonable amount of time, then you can contact us to cancel the contract, and we will provide you with a refund for any goods that you have paid for but not yet received. What constitues a reasonable time depends on destination and delivery method selected. Please contact us for current up-to-date infromation.
10.6. If the goods that you ordered arrived damaged, you can either refuse delivery or document the damage. Please ensure to take phographs of the damage to the outer packaging and the goods. Please contact us with a full description of the damage and photographs so we can assess the damage and offer you a refund or replacement of the affected goods.
10.7. If we cannot post the goods through your letterbox and/or no one is available to take delivery of them when we try to deliver them to you, then you will receive a note about how to re-arrange delivery and/or how to collect the goods. It is your responsibility to re-arrange delivery or collect the goods from the place specified in the note and to pay any storage costs associated with the delivery. If the goods are subsequently returned to us we may arrange for them to be delivered to you again at our discretion, subject to you paying for any additional delivery and administration costs incurred as a result. If after this, we are still unable to arrange the re-delivery or collection of the goods with you, then we may cancel the contract and the consequences set out in section 18.2 below will apply.
10.8. If you told us that you would like to collect the goods, then you can collect them once we have confirmed that they are ready for collection. You can collect them on a date and time mutually agreed during normal business hours. If you do not collect the goods from us within a reasonable time of us letting you know that they are ready for collection, we will contact you about what to do next. If we are still unable to arrange collection of the goods with you, then we may cancel the contract, and the consequences set out in section 18.2 will apply.
11. Suspension
11.1. If something happens that means we must suspend the supply of the goods to you, for example:
- to make minor technical adjustments or to resolve technical issues;
- to update the goods to implement a change in law or any relevant regulatory requirement,
then we will contact you to let you know.
11.2. We will usually let you know in advance of any suspension unless it is an emergency – in which case, we will let you know as soon as reasonably possible. If we do suspend the supply of goods , your payment will be adjusted so that you do not pay for the relevant suspended item during the period of suspension.
11.3. If we are going to suspend the supply of a good for more than 90 calendar days then you may contact us to cancel the contract. We will provide you with a refund for the relevant good for which you have made payment, but have not yet received.
12. Responsibility for and ownership of goods
12.1. You will be responsible for goods from the point at which we deliver the goods to you, or if you have told us that you are collecting the goods, then from the point at which you collect the goods from us.
12.2. International untracked deliveries are sent by us at your risk. We cannot be held liable in case of non-delivery of such goods.
12.3. You will only own the goods once we have received full payment for them.
13. Your obligations
13.1. We will inform you during the order process of information that we need from you in order to provide you with the goods. We will contact you to request any additional information.
13.2. If you don’t provide us with this required information in a reasonable time, or if information that you give us is not accurate, we may cancel the contract (and the consequences set out in section 18.2 will apply), or we may charge you for the additional costs that we incur as a result.
13.3. If you don’t give us required information within a reasonable time, we will not be liable to you if this causes a delay in providing you with the goods, or if we do not provide any part of them to you.
14. If there is a fault with the goods
14.1. We hope that you are satisfied with the goods that we have supplied to you, but if there is a fault with them, then please contact us using the details set out in section 1.
14.2. We must provide goods to you that meet your consumer rights.
14.3. Please note contents of section 5 (About our tea products), section 6 (About our tea ware products) and section 7 (About our susbcription products) but in particular please note the following:
- for tea products and subscription products we will not make a finding of a faulty product if you did not like the taste of it;
- for tea products and subscription products we will not make a finding of a faulty product if you do not follow the suggested use instructions;
- for tea products and subscription products we will not make a finding of a faulty product if a security seal is not present but the product is sealed otherwise;
- for tea ware products and especially in case of hand made products we will not make a finding of a faulty product if you not like the shade of a colour or particular minor features of a product.
14.4. Subject to contents of secition 14.3 above as well as section 5 (About our tea products), section 6 (About our tea ware products) and section 7 (About our susbcription products) these scenarios will likely to constitute a finding of a faulty product:
- for tea products and subscription products where the product supplied is incorrect (wrong product or contents), incomplete (wrong amount within a 5% tolerance) or where the security seal is broken on a product;
- for tea products and subscription products where the product arrived severly damaged due to excessive damage during delivery;
- for tea ware products where the product arrived damaged or incomplete.
14.5. This section 14.5 provides you with a summary of your consumer rights if there is a fault with the goods that we have provided to you. However, this is only a summary of your key rights. If you need more detailed information, you can contact Citizens Advice on www.citizensadvice.org.uk or you can call 03454 04 05 06, or you can contact your local Trading Standards Department.
- If we have provided you with goods, the Consumer Rights Act 2015 says that the goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your goods, you’re entitled to the following:
- For up to 30 days if your goods are faulty, you can get an immediate refund.
- For up to 6 months if your goods can’t be repaired or replaced, you’re entitled to a full refund in most cases.
- For up to 6 years, if your goods do not last a reasonable length of time, you may be entitled to some money back.
14.6. If you decide to trigger your consumer rights to reject goods due to a fault with them, then you must post them back to us. We will pay for the costs of return or collection in these circumstances.
14.7. Your rights as summarised above are in addition to any cancellation rights that you may have during the cooling-off period, which are explained in section 16.
15. Our liability if you suffer loss or damage
15.1. If we do not comply with any section of these terms and conditions, or if we do not use reasonable care and skill in providing the goods to you, then we are liable to you for loss and damage that you suffer and that we cause, so long as the loss or damage that is caused is foreseeable. Loss or damage is ‘foreseeable’ if it is obvious to a reasonable person that it will happen because of us breaking the contract, or if it is obvious that it might happen because of something you told us about when we entered into the contract.
15.2. We do not limit or exclude our liability to you, where we are not allowed to do so by law. This means that we do not limit or exclude our liability for death or personal injury due to our negligence (or negligence of our employees or subcontractors), for fraud, for breach of your legal rights in relation to the goods (a summary of which is set out in section 14.5) or for providing you with defective items under the Consumer Protection Act 1987.
15.3. If we provide any advice to you, including in any instructions or manuals provided to you with the goods, then you should follow these carefully. We will not be liable to you for any damage that is caused due to your failure to follow such advice or instructions.
15.4. We only provide goods for private and domestic use. We do not provide them for business or commercial use. If you do use the goods for business or commercial use, we will have no liability to you for loss of profit, loss of business, loss of opportunity or loss of goodwill.
16. Cooling-off period and your right to cancel the contract during it
16.1. Your rights to cancel during the cooling-off period are in addition to and are separate from your other rights to cancel the contract. Those other rights are set out in section 17 below.
16.2. When you buy goods from a website, in most cases you will have the right to cancel the contract (under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013) within the cooling-off period (explained in section 16.3 below) because you have changed your mind. (This right exists unless one of the circumstances set out in section 16.4 below applies.) If you rely on these cancellation rights to cancel the contract during the cooling-off period, you do not have to provide us with any reason for cancelling.
16.3. The length of the cooling-off period during which you can cancel the contract due to a change of mind depends on how you have ordered goods. It is also subject to certain exceptions that are set out in section 16.4 below. You can calculate the cooling-off period as follows:
- For a one-off delivery of goods, you have up to 14 days after the day you receive the goods to cancel the contract;
- For goods that have been ordered together but that are delivered to you separately on different days, then you have up to 14 days after the day you receive the last delivery of goods to cancel the contract;
- For subscriptions to goods, you have up to 14 days after the day you receive the first delivery of goods under the subscription to cancel the contract.
16.4. If any of the following circumstances applies to the goods that you have ordered, then the cancellation rights during the cooling-off period do not apply to you and you will not have the right to cancel the contract in respect of those goods because you have changed your mind:
- if the goods that you have ordered are sealed for health or hygiene reasons and you have broken the seal on them;
- if the tea ware products have been opened and used.
16.5. If you want to cancel the contract because you have changed your mind, then you should let us know before the end of the cooling-off period (as calculated in accordance with section 16.3) in one of the following ways:
- contacting us on the details set out in section 1 and include your name, email address, address and order details providing a clear statement that you want to cancel.
- filling out the form that is available at the end of this document and emailing it to us, or print off that form and post it to us, in either case using the details set out in section 1.
16.6. If you have ordered goods, then you must return the goods at your cost to us within 14 days of letting us know that you want to cancel the contract because you have changed your mind. Please send returned goods to Unit 50, Spaces Business Centre, 15-17 Ingate Place, London SW8 3NS using a trackable service. Please retain your proof of postage.
16.7. If you cancel the contract during the cooling-off period because you have changed your mind, then we will provide you with a refund for the goods as well as any standard delivery costs that you paid, but if you chose a more expensive delivery option than our standard delivery when you placed your order, then we will only refund you an amount equivalent to our standard delivery costs. If you are returning only a portion of the goods you ordered, you are not entitiled to any delivery cost refund. If you have cancelled an order for goods, then we will provide you with the refund using the same method of payment that you used to pay us within 14 days of the day we receive the goods back from you or, if earlier within 14 days of you providing us with proof that the goods have been sent back to us. If your order does not include goods that need to be returned to us then we will provide you with a refund within 14 days of the day after you let us know that you want to cancel the contract.
16.8. We have the right to make a deduction from the refund due to you if you cancel the contract during the cooling-off period. The deduction will be equivalent to any loss in value of the goods that is due to unnecessary handling of the goods by you. So, you should not handle the goods any more than is necessary to establish the nature and characteristics of the goods. If we have already provided you with a refund, then we may charge you the amount that we would have deducted.
17. Your rights to cancel the contract
17.1. In addition to your rights to cancel the contract during the cooling-off period set out in section 16, if any of the following circumstances apply, you have the right to cancel this contract immediately:
- we have informed you that there was an error with the price or the description of the goods when you placed the order, and you now do not wish to proceed based on the correct price or description;
- we have informed you that we need to make a major change to the goods (see section 8.2) and you do not want to proceed with the change;
- there is a significant delay in providing the goods to you, because of circumstances that are not within our control (see section 10.4 and 10.5);
- we have informed you that we need to suspend the supply of goods to you, for any of the reasons set out in section 11.1, for more than 90 calendar days; or
- you may have some other legal right to cancel the contract because of something we have done.
If you do cancel the contract for any of the above reasons (section 16.1(a) to 16.1(e)), then we will provide you with a refund for any goods that you have paid for but we have not yet provided, or we may provide you with a refund for any goods that have not been properly provided to you. In certain circumstances, you may also be entitled to further compensation.
17.2. If there is a fault with the goods that we have provided to you, please see section 14 of these terms and conditions.
17.3. If you are cancelling the contract for any other reason that is not set out in section 17.1 or section 16 (where you are cancelling the contract during the cooling-off period) or that is due to a fault with the goods (see section 14), then the contract will end immediately and we will provide you with a refund for any goods that you have paid for but not yet received. However, we may make a reduction from the refund due to you, or if you are not due a refund because you have not yet made payment, then we may charge you an amount of reasonable compensation for costs that we incur due to you cancelling the contract.
17.4. If you cancel the contract after we have dispatched goods, then you must return the goods to us (by posting them back to us. If you cancel the contract because of fault in goods (see section 14), we will pay the costs of returning the goods to us. If you cancel the contract for any other reason including under section 16, you will be responsible for the costs of returning the goods to us.
18. Our rights to cancel the contract
18.1. If you don’t comply with your obligations in these terms and conditions, we may cancel the contract. The following are examples of circumstances where we would consider that you have not complied with your obligations:
- you do not pay us on time and you do not pay us within 5 working days of us telling you that payment is overdue (see section 9.4);
- you do not allow us to deliver the goods to you and do no re-arrange delivery or collection of the goods (see section 10.6);
- you do not collect the goods within a reasonable time and you do not re-arrange collection (see section 10.7);
- you do not provide us with information that we have requested from you within a reasonable time (see section 13.1);
18.2. If we cancel the contract because you have not performed your obligations (including those examples listed in section 18.1), we will provide you with a refund for any goods for which you have paid but not yet received. However we may make a reduction from the refund due to you, or if you are not due a refund because you have not yet made payment, then we may charge you, an amount of reasonable compensation for costs that we incur due to having to cancel the contract.
19. If we stop providing goods
19.1. If the goods with which we provide you are provided on an ongoing or subscription basis (and are not a one-off purchase), we may decide at some point in the future to stop providing them. If we decide to stop providing them, we will contact you at least 30 calendar days before we stop providing them, to let you know. If you have made payment for goods that we will no longer be providing to you, we will give you the relevant refund for what you will not receive.
20. General
20.1. We may transfer our rights and obligations under these terms and conditions to another organisation. We will contact you to let you know if we do so. Any transfer will not affect your rights under these terms and conditions.
20.2. You cannot transfer any of your rights or obligations under these terms and conditions to anyone else without first getting our consent in writing.
20.3. If a court decides that any part of these terms and conditions are invalid or unenforceable, the remaining sections of these terms and conditions will not be affected and will remain in place.
20.4. If we delay in exercising any right we have under the contract, this will not stop us from exercising that right against you at a later date.
20.5. Unless we transfer our rights and obligations to another organisation, then this contract is only between you and us. This means no other person or organisation is a party to this contract and they do not have any rights under the contract.
20.6. If there is ever any dispute between you and us, then it will be resolved using the law of England and Wales and proceedings will be brought before the English courts.
20.7. If you are dissatisfied with how we have handled your complaint you can refer the dispute to the European Online Dispute Resolution Platform by following this link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage
Model cancellation form (Distance Contracts)
The wording on this form is specified by the law. You should therefore only change those parts indicated.
To Curious Tea Ltd
Unit 50, Spaces Business Centre, 15-17 Ingate Place, London SW8 3NS United Kingdom
contact@curioustea.com
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
Date
[*] Delete as appropriate
Website Terms of Use
1. The Site
These website terms of use (the “Terms”) apply to the websites at www.curioustea.com (the “Site”).
2. About us
2.1. We are Curious Tea Ltd and we run the Site. We’re a company registered in England and Wales with company number 08982397 whose registered address is at Unit 50, Spaces Business Centre, 15-17 Ingate Place, London SW8 3NS. In these terms we refer to ourselves as “we”, “us”, “our” or “ourselves”.
2.2. In case you need it, our VAT number is GB 208446315.
2.3. You get hold of us in any of the following ways:
- by emailing us at contact@curioustea.com;
- by telephoning us on +44 77 99 900 500; or
- by writing to us at Unit 50, Spaces Business Centre, 15-17 Ingate Place, London SW8 3NS.
3. Personal Data
For information about how we collect and use your personal information, please see our privacy notice which is available here insert link to online version. Please also see our cookies policy.
4. Terms of use
4.1. These Terms set out the terms on which you may use the Site. These Terms are important and you should read them carefully before using the Site. They explain how you may use the Site.
4.2. By using (and continuing to use) the Site, you agree to comply with these Terms. If you do not agree with these Terms then you must stop using the Site immediately.
4.3. Any orders or purchases made on the Site will be governed by our terms and conditions of sale.
5. Changes to these Terms
5.1. We may change these Terms from time to time. You should therefore check these Terms each time you visit our Site for any changes. These Terms were last updated on 1 October 2020.
5.2. If you do not agree with the new/amended Terms then you must stop using the Site immediately. If you continue to use the Site, you agree to comply with the new/amended Terms.
6. Site Availability and access to the Site
6.1. Our Site is primarily aimed at website visitors based in the United Kingdom. The content on the Site may not be appropriate or available for use in locations outside of the United Kingdom.
6.2. We permit access to the Site on a temporary basis and we may amend, suspend or indefinitely withdraw the Site, without notice to you.
6.3. You may only use our Site for lawful reasons.
6.4. Whilst we try to make this Site available at all times, we make no promises that it will be available at all times and we will not be liable if the Site is unavailable for any period of time, for whatever reason.
6.5. Access to the Site may be restricted or the Site may be unavailable to allow us to repair, maintain or improve the Site. We do not guarantee that access to the Site will be uninterrupted.
6.6. Some areas of our Site may be restricted to those people who have registered with us.
6.7. You are responsible for ensuring that you have the necessary and compatible equipment and devices for accessing our Site.
7. Updates to Content
We regularly change and update content on our Site.
8. Reliance on Content
8.1. The content on our Site is posted for general information purposes on an ‘as is’ basis and is not intended to amount to advice on which you should rely.
8.2. You should always obtain your own professional advice before taking any action or refraining from doing something based on the content of our Site.
8.3. We use reasonable endeavours to provide content which is up to date, but we do not warrant, represent, promise or guarantee that the content on our Site is up to date or accurate.
9. Login Details
9.1. If you have login details to access any part of the Site, you must treat those details as confidential and you must not share them with or disclose them to any other person or any other third party.
9.2. You will be responsible for all activity and orders placed under your login details. If you believe that someone else knows your password then you should contact us immediately using the details set out in section 2 above.
9.3. If we believe that you have not complied with these Terms or any other terms applicable to you, then we reserve the right to disable or suspend your login details.
9.4. If we believe that there has been a breach of security in relation to your login details or we believe that your account has been misused then we may lock your account and require you to change your password.
10. Third Party Sites
The Site may contain links to third-party websites. We are not responsible for the content on any linked website and we accept no responsibility for any loss or damage suffered due to your use of them. We provide these links as we believe it may assist you and other visitors to our Site but by providing the link we do not in any way approve the linked website or anything contained therein.
11. Visitor’s content
11.1. If you submit any content to our Site (such asa comment or providing a review) you agree that:
- you own the intellectual property rights in the content you submit and no content which you submit will infringe the intellectual property rights of anybody else;
- you are personally responsible for the content which you submit;
- you will not submit anything which is false, misleading or inaccurate;
- you will not submit anything which is defamatory, threatening or which is otherwise considered offensive or which is against the law; and
- you will not submit anything which contains viruses or similar programs or files which damage equipment, devices or software.
11.2. We reserve the right to remove any submissions made to our Site.
11.3. If you fail to comply with this section 11 of these Terms, we reserve the right to suspend or withdraw indefinitely your access to or use of our Site. We may also take legal action against you and we may disclose your details to law enforcement agencies where we believe this is necessary or if we are required to disclose them by law. We may take any other action as we consider is necessary.
11.4. We do not usually edit or monitor content uploaded by visitors. Visitor’s content has not been approved by us and does not necessarily represent our views or values. If there is content uploaded by other visitors that you wish to complain about then please contact us using the details set out in section 2 above.
12. Viruses and bugs
12.1. We do not guarantee that our Site will be free from viruses, bugs or other harmful code or programs. It is your responsibility to ensure that the equipment and devices you use to access our Site are installed with up to date and sufficient anti-virus software.
12.2. You must not intentionally introduce viruses, bugs or other harmful code or programs to our Site.
12.3. You must not attempt to hack or attack or attempt to gain unauthorised access to our Site, any part of it or any software or equipment connected to it. We may take legal action against you and we may disclose your details to law enforcement agencies where we believe this is necessary or if we are required to disclose them by law. We may take any other action as we consider is necessary.
13. Our Liability
13.1. This section 13 does not apply to any goods, services or digital content that we may sell to you via this Site. Please refer to our terms and conditions of sale.
13.2. Nothing in this section 13 or these Terms shall exclude or place limits on our liability for any death or personal injury caused by our negligence or for any other liability which cannot be excluded or limited by law.
13.3. To the fullest extent permitted by law we exclude all liability for loss or damage arising out of or in connection with your use of our Site (including any inability to use our Site). This exclusion covers, but is not limited to, liability for:
- any direct loss;
- any loss of profit;
- any loss of revenue, anticipate savings or goodwill; or
- any indirect or consequential loss.
13.4. To the fullest extent permitted by law, we exclude all representations and warranties relating to our Site and the content on it.
13.5. As explained in section 8, we will not be liable for any loss or damage arising out of or in connection with your use of or reliance on any content on our Site.
13.6. If you are a consumer, then none of these exclusions or limitations or other terms in these Terms affect your rights under consumer law.
14. Intellectual Property Rights
14.1. Except in respect of content uploaded by visitors (see section 11) we own (or we are an authorised licensee) of all intellectual property rights on this Site and in the material and content published on it. These are protected by worldwide intellectual property laws and we reserve all such rights.
14.2. CURIOUS TEA and our logos are our registered and unregistered trade marks and trade names. You are not permitted to use them unless you use them in compliance with section 14.3.
14.3. We grant to visitors of the Site a non-exclusive revocable licence to view and print the content appearing on the Site or any part of it, subject to the following conditions:
- you may print one copy for your own personal use (but not for commercial use);
- you may download extract(s) from our Site for your own personal use (but not for commercial use);
- you must not delete any copyright notice from any content which you print or download;
- you must acknowledge us (or the relevant person/contributor) as the author of the content;
- you must not license or resell any content printed or downloaded from our Site; and
- you must not use any of our trade marks or any third party trade marks which appear on our Site without our express written permission (or that of the relevant third party).
14.4. If you print or copy any content from our Site without complying with these Terms then your right to access our Site will end immediately and you must destroy, delete or return any copies of the content when and how we instruct you to.
15. Links to our Site
You may link to our Site but any such link is subject to the following conditions:
- the link must not damage our reputation;
- you must ensure that the link does not in any way suggest that there is any kind of association between us and does not suggest that we promote or endorse you in any way; and
- we reserve the right to withdraw permission to you linking to our Site.
16. Severance
If any part of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant part shall be deemed deleted. Any modification to or deletion of such part under this clause shall not affect the validity and enforceability of the rest of these Terms.
17. Law and Jurisdiction
17.1. If there is ever any dispute between you and us, then it will be resolved using the law of England and Wales and that proceedings will be brought in the English courts.