TERMS AND CONDITIONS
This page (together with the documents it refers to) outlines the terms and conditions on which we grant you access to and use of our website www.twinings.co.uk and the terms and conditions under which we supply any of the products (Products) listed on www.twinings.co.uk to you. 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
1 INFORMATION ABOUT US
www.twinings.co.uk (“Our Site”) is operated by R. Twining & Company Limited (“we,” “us” or “Twinings”). We are registered in England and Wales under company number 525071 and with our registered office at Weston Centre, 10 Grosvenor Street, London, W1K 4QY. Our main trading address is R. Twining and Company Limited, Southway, Andover, SP10 5AQ. Our VAT number is GB730168554.
2 USE OF OUR SITE
3 HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
- 2.1 By using Our Site you agree to be legally bound by these terms, which shall take effect immediately on your first use of Our Site. If you do not agree to be legally bound by all the following terms please do not access and/or use Our Site.
- 2.2 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 Twinings. Your continued use of Our Site after changes are posted means you agree to be legally bound by these terms as updated and/or amended.
- 2.3 You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use Our 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 Our Site content (except for your own personal,non-commercial use). Any use of Our Site content requires the prior written permission of Twinings.
- 2.4 You agree to use Our Site only for lawful purposes in accordance with these terms and condition, and in a way that does not infringe the rights of, restrict or inhibit anyone else's use and enjoyment of Our 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 Our Site.
- 2.5 Our Site content, including the information, names, images, pictures, logos and icons regarding or relating Twinings 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.
- 2.6 Under no circumstances will Twinings 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 Our Site regardless of the form of action.
- 2.7 We do not warrant that functions contained in Our Site content will be uninterrupted or error free, that defects will be corrected, or that Our Site or the server that makes it available are free of viruses or bugs.
- 2.8 The names, images and logos identifying Twinings or third parties and their products and services are subject to copyright, design rights and trade marks of Twinings 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 Twinings or any other third party.
- 2.9 Links on Our Site may lead to other websites. Twinings accepts no responsibility for the content, accuracy or function of such websites nor does Twinings endorse the contents of such sites.
- 2.10 Contributions to www.twinings.co.uk
- 2.10.2 By submitting your contribution to this Site you:
- warrant that:
- your contribution is your own original work and that you have the right to make it available to Twinings for all the purposes specified above;
- is not defamatory;
- does not infringe any law; and
- indemnify Twinings against all legal fees, damages and other expenses that may be incurred by Twinings as a result of your breach of the above warranty; and
- waive any moral rights in your contribution for the purposes of its submission to and publication on this Site and the purposes specified above.
- 2.11 General
- 2.11.1 If there is any conflict between these terms and specific terms appearing elsewhere on this Site then the latter shall prevail.
- 2.11.2 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.
- 2.11.3 These terms shall be governed by and interpreted in accordance with the laws of England and Wales.
- 3.1 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.
- 3.2 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.
- 4.1 If you are contracting as a consumer, you may cancel a Contract at any time within fourteen 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 email@example.com or
- (ii) calling us on 01264 313444 between the hours of [8am to 6pm 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 below. 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.
- 4.2 When returning a Product(s) to us in accordance with paragraph 4.1, 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.
6 UK AND INTERNATIONAL DELIVERIES
7 RISK AND TITLE
- 5.1 The Products shown on this website are a fair representation of the actual terms, although minor details may vary.
- 5.2 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.
8 PRICE AND PAYMENT
- 7.1 The Products will be at your risk from the time of signed delivery.
- 7.2 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.
9 OUR REFUNDS POLICY
- 8.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
- 8.2 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.
- 8.3 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.
- 8.4 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 unmistakable and could have reasonably been recognised by you as a mis-pricing.
- 8.5 Payment for all Products must be by Paypal or the following credit or debit cards, Visa, Visa Delta, Visa Electron, MasterCard, Switch, Solo and American Express. Payment will be taken at the time of ordering.
- 8.6 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.
10 IMPORT DUTY
- 9.1 When you return a product to us:
- 9.1.1 Please contact Customer Services to arrange the return of your products using telephone number 01264 313444 or via e-mail at firstname.lastname@example.org. Please quote your order reference number and reason for returning your goods so that we are able to process a refund for you. Please note that we will not reimburse your postage costs on returned items. You will be responsible for the cost of returning the item to us and risk remains with you until we receive the Product(s);
- 9.1.2 For defective/faulty products 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 that you are due as soon as possible and, in any case, within 30 days of the date that we confirmed to you via e-mail. 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.
- 9.2.1 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
- 9.2.2 Any faulty goods you may have purchased from www.twinings.co.uk may be returned within the first 6 month period from date of purchase. This coincides with that of your statutory rights. On notifying Twinings of your faulty goods, please provide proof of purchase, providing your order number will be satisfactory.
11 WRITTEN COMMUNICATIONS
- 10.1 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.
- 10.2 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.
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.
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
or call us on 01264 313444
from 9am to 5pm Monday to Friday (except for Public Bank Holidays)
13 ONLINE SECURITY
14 OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
- 13.1 We use the latest Secure Server Technology to ensure that all data submitted through our website is protected to the highest standards. Secure Socket Layer (SSL) encryption is used to ensure that all credit card and transactional information is secure. You can tell when the web page your using is secure as the letters 'https' will replace 'http' in the browser address window. You will also notice a yellow padlock appear either next to your browser address window or at the bottom of your browser window. Our Payment Service Provider is Sage Pay – the largest independent payment service provider (PSP) in the UK and Ireland. Sage Pay provides a secure payment gateway, processing payments for thousands of online businesses, including ours. Sage Pay uses a range of secure methods such as fraud screening, I.P address blocking and 3D secure. The checkout screens you see on our website simply act as a window (or “frame”) in which Sage Pay’s system operates. All of your sensitive data is secured using the industry standard encryption technology known as Secure Socket Layer (SSL). This technology essentially scrambles your data when you transmit it to us to keep your order information secure. Both Twinings and our third party payments processor Sage Pay are PCI DSS (Payment Card Industry Data Security Standard) compliant to the highest level and maintains regular security audits. Sage Pay are also regularly audited by the banks and banking authorities to ensure that their systems are impenetrable. Find out more about shopping securely via Sage Pay at www.sagepay.com/shoppers (from Pinstripe and Pearls site)
- 13.2 If you have any specific questions – contact us directly by e-mail at firstname.lastname@example.org or call us on 01264 313444 9am to 5pm Monday to Friday (excluding public bank holidays).
15 LAW AND JURISDICTION
- 14.1 We have the right to revise and amend these terms and conditions from time to time.
- 14.2 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).
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.
17 SPECIAL OFFERS TERMS AND CONDITIONS
- 16.1 If there is any conflict between these terms and specific terms appearing elsewhere on our Site then the latter shall prevail.
- 16.2 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.
- 17.1 Free standard postage & packing (normally £3.95) applies to order over £35 (inclusive of VAT) after any promotional discounts have been taken off. Free standard postage applies only to UK orders.