Terms & Conditions
These Terms & Conditions regulate the business relationship between You and Us. By using Our Website in any way, or by buying from Us, You agree to be bound by them. These Terms & Conditions together with the Order Confirmation constitute the entire agreement and govern the relationship between Newby Teas (UK) Limited and Our Customer. These Terms & Conditions will apply to any contract between Us for the sale of Goods to You (Contract). Please read these Terms & Conditions carefully and make sure that You understand them before ordering any Goods from Our Website. You should print a copy of these Terms & Conditions or save them to Your computer for future reference. We amend these Terms & Conditions from time to time. Every time You wish to order Goods, please check these Terms & Conditions to ensure You understand the Terms and Conditions which will apply at that time. These Terms & Conditions, and any Contract between Us, are only in the English language.
Information About Us
We operate Our Website www.misteatrading.com. We are C & S Mistea Trading Limited, a company registered in Cyprus.
In this agreement: “Carrier” means any person or business contracted by Us to carry Goods from Us to You, whether all or part of the distance. “Consumer” means any natural person who, in connection with this agreement, is acting for purposes which are outside his business. “Content” means any material in any form published on Our Website by Us or any third party with our consent. “Goods” means any of the goods We offer for sale on our Website. “Material” means Content of any sort posted by You on Our Website. “Our Website” means the entire computing hardware and software installation that is or supports Our Website. “Our Customer” means any visitor to Our Website who places an order on Our Website that is accepted by Us. “We/Our/Us” means C & S Mistea Trading Limited. “You / Your / Yourself” means a visitor to Our Website / Our Customer.
Our contract with You
These Terms & Conditions apply: so far as the context allow, to You as a visitor to Our Website; and in any event to You as a buyer or prospective buyer of our Goods. Our Website will guide You through the steps You need to take to place an order with Us. The order process allows You to check and amend any errors before submitting Your order to Us. The information on Our Website has been included in good faith but is for general informational purposes only. It should not be relied on for any specific purpose and no representation or warranty is given as regards its accuracy or completeness. Your order shall constitute as an offer to from You to buy Goods from Our Website. When You are ready to place on order for the first time, You will be asked to create an account. Once, You have registered, You will receive an email confirmation of Your registration. Subsequently, You will simply log in to Your account to place an order with Us. We shall accept Your order by Email Order Confirmation. That is when our contract is made. Our message will also confirm details of Your purchase. We aim to dispatch orders within 2 working days of receiving payment. Once the order is dispatched an email is sent to You with the tracking number to confirm that the Goods have been dispatched. Unfortunately, We cannot guarantee that Goods advertised on Our Website are available. If We are unable to supply You with a Good, for any reason, We will inform You of this by e-mail and We will not process Your order. If You have already paid for the Goods, We will refund You the full amount including any delivery costs charged as soon as possible.
Our right to vary these Terms & Conditions
We may change these Terms & Conditions from time to time. The Terms & Conditions that apply to You are those posted here on Our Website on the day You order Goods. If We have to revise these Terms & Conditions as they apply to Your order, We will contact You to give You reasonable advance notice of the changes and let You know how to cancel the Contract if You are not happy with the changes. You may cancel either in respect of all the affected Goods or just the Goods You have yet to receive. If You opt to cancel, You will have to return (at our cost) any relevant Goods You have already received and We will arrange a full refund of the price You have paid, including any delivery charges.
The images of the Products on our site are for illustrative purposes only. Although We have made every effort to display the colours accurately, We cannot guarantee that Your computer’s display of the colours accurately reflect the colour of the Goods. Your Goods may vary slightly from those images. The packaging of the Products may vary from that shown on images on our site. If in future, You buy Goods from Us under any arrangement which does not involve Your payment via Our Website, these Terms & Conditions still apply. If We owe You money on account of Your cancellation, We will credit Your credit or debit card as soon as reasonably practicable but in any event no later than 30 days from the date of cancellation of Your order.
Your Account With Us
You agree that You have provided, and will continue to provide accurate, up to date, and complete information about Yourself. We need this information to provide You with the Goods. If You use the website, You are responsible for maintaining the confidentiality of Your account and password and for preventing any unauthorised person from using Your computer. You agree to accept responsibility for all activities that occur under Your account or password. You should tell Us immediately if You believe some person has accessed Your account without Your authority and also log in to Your account and change Your password. We reserve the right to refuse You access to Our Website.
How We Use Your Personal Information
Price and Payment
We endeavour to keep our website and catalogue prices updated and accurate but it is possible that the price may have increased from that published. If that happens, We will not send Your order until You have confirmed that You wish to order at the new price. Banking charges by the receiving bank on payments to Us will be borne by Us. All other charges relating to payment in a currency other than pounds Sterling will be borne by You. Prices include EU value added tax.
Delivery in Cyprus
Deliveries will be made by ACS courier service to an ACS Courier office for pick up or the address included with Your order – whatever you selected and paid for at the time you placed and paid for your order. You must ensure that someone is present to accept and sign for the delivery. Assuming Your order is received by 15:00 GMT+2, and the goods ordered are available, everything should arrive within two working days. If the courier is unable to deliver Your parcel, they will leave a message asking You to contact them and pick up your package from your nearest ACS Courier office.
Cancellation of Order
If You are a citizen of the European Union, and You bought the Goods as a Consumer, You may cancel Your order at any time before We despatch Your order or before the expiry of 7 working days from the date You receive Your order, not including the day You received it. As required by the Distance Selling Regulations, details of our after-sales service and guarantees, if any, are given on our website. If You cancel before We have sent the Goods, We will refund to You the price of the Goods and the cost of delivery, if any. If You cancel after We have despatched the Goods, We will refund the price of the goods only. The option to cancel Your order is not available if the Goods are: perishable; made or altered to Your specification; shrink wrapped and which has been opened. If You cancel Your order after We have despatched the Goods, You must return them to Us within 7 days in the same condition in which You received them. We cannot refund Your money if the Goods have been used, worn or damaged. You are responsible for the cost of returning them. To assist Us in identifying Your Goods on receipt by Us, We ask You to contact Us for a Goods Return Reference to be placed below our address on the returns label. If You fail to return the goods, within 14 days, We are entitled to arrange for their collection. If We do we shall look to You to repay Us the cost of collection. If monies are refundable to You, We will refund Your money within 30 days. This paragraph does not affect Your rights in the event that the Goods are faulty.
If the goods are faulty, contact Us within 30 days, and We will refund Your entire purchase price. To receive a refund, it is essential that You follow the instructions below. You must contact Us by email to firstname.lastname@example.org, stating that You would like to return goods, specifying exactly what goods and when purchased, and giving full details of the fault or other reason for return. We will then issue a Goods Returns Reference. If You send goods to Us without the reference, We may not be able to identify sufficient details to enable Us to attend to Your complaint. So far as possible, Goods should be returned: with both goods and all packaging as far as possible in their original condition; securely; wrapped; including our Goods Returns Reference noted under our address; at Your risk and cost.
We or our Content suppliers may make improvements or changes to Our Website, the Content, or to any of the Goods, at any time and without advance notice. You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if You bring to our immediate attention, any that You find. We give no warranty and make no representation, express or implied, as to: the adequacy or appropriateness of the Goods for Your purpose; the truth of any Content on Our Website published by someone other than Us; any implied warranty or condition as to merchantability or fitness of the Goods for a purpose other than that for which the Goods are commonly used; compatibility of Our Website with Your equipment, software or telecommunications connection. Our Website contains links to other Internet websites outside our power and control. You acknowledge and agree that We shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from Your use of any such website. We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with Your use of Our Website or the purchase of Goods. In any event, including the event that any term or condition or obligation on our part (“Implied Term”) is implied into these conditions by law, then our liability is limited to the maximum extent permitted by law, to the value of the goods or services You have purchased. The above two sub paragraphs do not apply to a claim for personal injury.
We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring Your information technology, computer programmes and platform in order to access our site. You should use Your own virus protection software. You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, You would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and We will co-operate with those authorities by disclosing Your identity to them. In the event of such a breach, Your right to use our site will cease immediately.
Events Outside Our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 2. An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport. If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract: We will contact You as soon as reasonably possible to notify You; and Our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our 15.4 Control affects our delivery of Products to You, We will arrange a new delivery date with You after the Event Outside Our Control is over. You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact Us. If You opt to cancel, You will have to return at our cost any relevant Products You have already received and We will refund the price You have paid, including any delivery charges.
Content and Intellectual Property Rights
Newby Teas Limited will defend the intellectual property rights in connection with the Goods advertised on Our Website, including copyright in the Content whether provided by Us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software). They also claim copyright in the designs and compilation of all Content of Our Website. Title, ownership rights, and shall remain the sole property of Us and / or the other content provider. They will strongly protect those rights in all countries. Except as set out below, You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part. You may not use Newby’s name or logos or trademarks or any other Content on any website of Yours or that of any other person. Subject to the other terms of this agreement, You may download or copy Content only for Your own personal use, provided that You maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content. Usage rights of imagery and textual copy featured on this website have been agreed directly between C & S Mistea Trading Limited and Newby Teas Limited.
Your Email Address
You represent that any username or email address selected by You, when used alone or combined with a second or third level domain name, does not interfere with the rights of any third party and has not been selected for any unlawful purpose. You acknowledge and agree that if We believe such selection does interfere with the rights of any third party or is being selected for any unlawful purpose, We may immediately suspend the use of such name or email address, and You will indemnify Us for any claim or demand that arises out of Your selection. You acknowledge and agree that We shall not be liable to You in the event that we are ordered or required by a court or judicial authority, to desist from using or permitting the use of a particular domain name as part of a name or email address.
How We may use Your Personal Information
We will use the personal information You provide to Us to: provide the Goods; process Your payment for such Goods; and inform You about similar Goods that We provide, but You may stop receiving these at any time by contacting Us. You agree that We may pass Your personal information to credit reference agencies and that they may keep a record of any search that they do. We will not give Your personal data to any other third party.
You agree to indemnify Us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of Your use of Our Web Site, Your posting any Material, or the infringement by You, or by any other person using Your computer, of any intellectual property or other right of any person.
When We communicate with You, We shall do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post. Where We provide goods or services without specific charge to You, then it (or they) is deemed to be provided free of charge, and not to be associated with any other goods or service for which a charge is made. Accordingly, there is no contractual nor other obligation upon Us in respect of those goods or service. Nothing in this agreement or on Our Website shall confer on any third party any benefit under the provisions of the Contracts (Rights of Third Parties) Act 1999. If any of these Terms & Conditions is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these Terms & Conditions. No waiver by Us, in exercising any right, power or provision in this agreement shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver. We may transfer our rights and obligations under a Contract to another organisation, but this will not affect Your rights or our obligations under these Terms & Conditions. We will always notify You by posting on this webpage if this happens. In the event of a dispute arising out of or in connection with these Terms & Conditions or any contract between You and Us, then You agree to attempt to settle the dispute by engaging in good faith with Us in a process of mediation before commencing arbitration or litigation. We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees.
Governing Law and Jurisdiction
The Terms & Conditions are governed by Cypriot law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by Cypriot law. You and We both agree to that the courts of Cyprus will have jurisdiction. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.