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Terms and Conditions of Use

  1. Luponde Tea Limited

    This is the website of Luponde Tea Limited (registered number 06250587), whose registered office is at 5 Young Street, London, W8 5EH ("Luponde Tea").  Our main trading address is at Unit 3, The Sandycombe Centre, 1-9 Sandycombe Centre, Richmond, Surrey TW9 2EP.  Our VAT number is 918 6155 08.  We are a limited company.  Please read these terms of use carefully before you start to use the website.  By using this website, you indicate that you accept these terms of use and that you agree to abide by them.  If you do not agree to these terms of use, please refrain from using this website.

  2. Use of the Website

    All rights in this website belong to us, our subsidiaries or our third party licensors, including but not limited to, Luponde Tea trademarks and trade names, the Fairtrade Mark, all brand or product names on this website and all rights and goodwill in them, its copyright, content and those rights arising in the future in all website design or content.  Luponde Tea, our subsidiaries or our third party licensors reserve all such respective rights.  Any non-licensed sale, copy, transmission or use of this copyrighted material for any commercial reason is expressly prohibited.

    You may print off one copy, and may download extracts, of any page(s) from our website for your personal reference and you may draw the attention of others within your organisation to material posted on our website. You must not use any part of the materials on our website for commercial purposes without obtaining a licence to do so from us or our licensors. Any material or data you download or obtain through use of this website is at your own discretion and risk and we cannot be responsible for any damage or loss you suffer as a result. You must not transfer computer viruses or any other materials to or post any information on this website.

    You may not create a link to this website from another website or document without Luponde Tea's prior written consent.

    You must not copy, transmit or make any use of this website or its content, information or other facilities otherwise than as set out above.

  3. Warranties and Liability

    Due to the nature of the Internet we cannot guarantee that the operation of this website or any facilities contained on or accessed via it will be continuous or error-free.  We will use reasonable efforts to ensure that information or content contained on this website is accurate and up to date but we make no warranties or representation to this effect.  You should therefore not rely solely on information on this website in making any decisions.  All implied warranties, terms or conditions are expressly excluded to the maximum extent permitted by law.

    We cannot be liable to any user of this website for any claim or loss incurred as a result of using this website or reliance on information contained on it.

  4. Indemnity

    If you use this website otherwise than as permitted and directly or indirectly cause us or any of our subsidiaries to suffer loss (including reasonable legal expenses), whether by the infringement of intellectual property rights, transfer of information, materials, or viruses to the website or otherwise, you must fully and effectively indemnify us against such loss on demand.

  5. Information about you and your visits to this website

    We process information about you in accordance with our privacy policy.  By using this website, you consent to such processing and you warrant that all data provided by you is accurate.

  6. Transactions concluded through this website

    Contracts for the supply of goods formed through this website or as a result of visits made by you are governed by our terms and conditions of supply.

  7. Links from this website

    Where this website contains links to other sites and resources provided by third parties, these links are provided for your information only.  We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

  8. Variations

    We may revise these terms of use at any time by amending this page.  You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you.  Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on this website.

  9. Governing Law

    Use of this website and these terms of use is governed by and will be construed in accordance with the laws of England and Wales. The English Courts shall have non-exclusive jurisdiction over disputes arising out of the use of this website.

Terms and Conditions of Supply

This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) listed on our website www.luponde.co.uk (our site) to you. Please read these terms and conditions carefully before 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.

You should print a copy of these terms and conditions for future reference.

Please click on the button marked "I Accept" at the end of these terms and conditions if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.

  1. Information about us

    www.luponde.co.uk is a site operated by Luponde Tea Limited (we). We are registered in England and Wales under company number 06250587 and with our registered office at 5 Young Street, London, W8 5EH. Our main trading address is at Unit 3, The Sandycombe Centre, 1-9 Sandycombe Centre, Richmond, Surrey TW9 2EP. Our VAT number is 918 6155 08.

  2. Your status

    By placing an order through our site, you warrant that:

    1. you are legally capable of entering into binding contracts; and
    2. you are at least 18 years old.
  3. How the contract is formed between you and us

    1. After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. 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 Product has been dispatched (the Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.
    2. The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
  4. Consumer rights

    1. If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 8).
    2. To cancel a Contract, you must inform us in writing. You must also return the Product(s) to us immediately, in the same condition in which you received them, and 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.
    3. Details of this statutory right, and an explanation of how to exercise it, are provided in the Dispatch Confirmation. This provision does not affect your statutory rights.
  5. Availability and delivery

    Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances.

  6. Risk and title

    1. The Products will be at your risk from the time of delivery.
    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.
  7. Price and payment

    1. The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
    2. These prices include VAT but exclude delivery costs, which will be added to the total amount due as set out in our Delivery Guide.
    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.
    4. 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.
    5. We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a miss-pricing.
    6. Payment for all Products must be by credit or debit card. We accept payment with Visa, Delta, Visa Electron, Mastercard, Solo, Maestro and American Express.
  8. Our refunds policy

    1. When you return a Product to us:

      1. because you have cancelled the Contract between us within the seven-day cooling-off period (see clause 4.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us.
      2. for any other reason (for instance, because you have notified us in accordance with paragraph 18 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product. 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.
    2. We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
  9. Our liability

    1. We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
    2. Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
    3. This does not include or limit in any way our liability:

      1. For death or personal injury caused by our negligence;
      2. Under section 2(3) of the Consumer Protection Act 1987;
      3. For fraud or fraudulent misrepresentation; or
      4. For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
    4. We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us, including but not limited to:

      1. loss of income or revenue
      2. loss of business
      3. loss of profits or contracts
      4. loss of anticipated savings
      5. loss of data, or
      6. waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable;

      provided that this clause 9.4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 9.1 or clause 9.2 or any other claims for direct financial loss that are not excluded by any of categories (a) to (f) inclusive of this clause 9.4.

  10. Import duty

    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.
    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.
  11. Written communications

    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.

  12. Notices

    All notices given by you to us must be given to Luponde Tea Limited at Unit 3, The Sandycombe Centre, 1-9 the Sandycombe Centre, Richmond, Surrey TW9 2EP or tea@luponde.co.uk. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 11 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

  13. Transfer of rights and obligations

    1. The contract between you and us is binding on you and us and on our respective successors and assigns.
    2. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
    3. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
  14. Events outside our control

    1. 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 events outside our reasonable control (Force Majeure Event).
    2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

      1. Strikes, lock-outs or other industrial action.
      2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
      3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
      4. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
      5. Impossibility of the use of public or private telecommunications networks.
      6. The acts, decrees, legislation, regulations or restrictions of any government.
    3. Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
  15. Waiver

    1. If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
    2. A waiver by us of any default shall not constitute a waiver of any subsequent default.
    3. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 12 above.
  16. Severability

    If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

  17. Entire agreement

    1. These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
    2. We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
    3. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.
  18. Our right to vary these terms and conditions

    1. We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities among others.
    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).
  19. Law and jurisdiction

    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 non-exclusive jurisdiction of the courts of England and Wales.

  20. Homepage Sample Request

    All sample requests are sent subject to approval by Luponde Tea. All subject fields must be fully completed. A sample will be sent once two newsletters have been received without the applicant unsubscribing. No samples will be sent if an email address is not supplied. Samples will only be sent to addresses within the UK. Luponde Tea reserves the right to not send out a sample.