All orders are subject to the following terms and conditions. These shall form part of any contract concluded between The Tea and Coffee Plant Limited (now referred to as The Tea and Coffee Plant) and a buyer.
This does not affect your statutory rights as a consumer
A binding contract for the sale of all products will be created upon a communication being sent by The Tea and Coffee Plant to the buyer confirming acceptance of the buyer’s order and upon no other event. ‘Acceptance’ shall for the avoidance of doubt be at the time the communication is ‘sent’ by The Tea and Coffee Plant.
The completion of an order form and payment for the products shall be deemed conclusive evidence that the buyer agrees to be bound by these Conditions of Sale.
HEALTH AND SAFETY
All products sold by The Tea and Coffee Plant comply with the European Toy Safety Regulations and where appropriate bear the CE mark. The use of any product should be supervised at all times by an adult. The buyer shall be responsible for ensuing that all statutory, government or local authority regulations are complied with in relation to the use of any products purchased from The Tea and Coffee Plant.
CHANGES IN SPECIFICATION
The Tea and Coffee Plant reserves the right to make changes at any time and without notice in the materials, dimensions, colours and design of its products and such changes shall not affect the validity of any contract with the buyer provided that such variations and modification do not adversely affect in any material way the performance of the products or the quality of workmanship or of materials used. Where there has been a material change to any product ordered by the buyer, The Tea and Coffee Plant will endeavour to supply the buyer with a product that is identical to that ordered or a product that is as far as is possible similar to that ordered.
The buyer has the option to accept or decline any replacement with a full refund given if any replacement is unacceptable.
The price of products confirmed at the point of purchase will remain fixed during the transaction.
All prices quoted in the catalogue and on the site are subject to alterations without notice to take account of fluctuations in the cost of labour and materials and of alterations in rates of exchange and import duty which may occur it the course of manufacturing the products. All prices quoted include sales tax/VAT.
The Tea and Coffee Plant shall be entitled to adjust the price to take account of any delay on the part of the buyer in supplying information required to complete his order or of any alteration made by the buyer to the specifications or other information supplied by the buyer.
The buyer may not at any time alter or deface any trade marks identified on the products with the intention of attaching or juxtaposing another trade mark, unless the buyer is in receipt of The Tea and Coffee Plant’s express prior permission in writing.
The copyright in any design, presentation, packaging and/or literature in connection with the products shall remain the property of the owner of that copyright and no right or licence (except as to the use for which the products are supplied) shall be granted hereby whether express or implied.
Where applicable the buyer will be responsible for obtaining an import licence and for ensuring compliance with all regulations governing the admission of the products into the country of delivery.
Where products are to be exported to countries that require an export licence, it is the sole responsibility of the buyer whether by himself or by an export agent instructed by the buyer to obtain all necessary clearance/s. The Tea and Coffee Plant cannot provide replacement products or refunds in the event of export licences being refused.
The Tea and Coffee Plant makes no warranty in respect of any products or service advertised by The Tea and Coffee Plant on this website but which is supplied by a supplier independent to The Tea and Coffee Plant.
PAYMENT AND TITLE OF PRODUCTS
The full price for ordered products must be paid and cleared prior to despatch, unless previous arrangements have been made. All orders must be paid for in Pounds Sterling, and in the case of payment by cheque, drawn on a bank account located within the United Kingdom.
In the event of a failure by the buyer to pay for the products, then title to the products shall remain with The Tea and Coffee Plant until such time as payment in full is received. The Tea and Coffee Plant reserve the right to retake possession of the products in the event of non-payment.
Any such products or part of products so re-possessed may be re-sold without notice to the buyer and without prejudice to our right to claim damages against the buyer for any losses or expenses incurred, save that the proceeds of such sale shall be set off against any sums due from the buyer in respect of the products.
The Tea and Coffee Plant reserve the right at any time to charge interest on late payments with effect from the due date and on a day to day basis at a compound annual rate of 4% above Barclays Bank plc base lending rate from time to time.
In the event that the buyer fails to make payment for the products or fails to take delivery of any of the products supplied by us, then all sums outstanding in respect of any products supplied by The Tea and Coffee Plant shall if not already paid in full become due and payable immediately and The Tea and Coffee Plant may in its absolute discretion and without prejudice to any other rights The Tea and Coffee Plant may have suspend all future deliveries of the products to the buyer under the contract in question or under any other contract and/or terminate any such contract(s) without liability upon our part; and/or require payment of interest on all amounts due at a compound annual rate of 4% above Barclays Bank plc base lending rate for the time being prevailing from the date when payment for the products in question became due to the date of actual payment.
The following methods are available to pay for The Tea and Coffee Plant products:
on line credit card transaction;
telephone credit card order; or
cheque or money order
In each case The Tea and Coffee Plant will ensure that your order and any payment information you provide is kept private and confidential. The Tea and Coffee Plant will not retain any customer information beyond that reasonably necessary to confirm your order, dispatch the products and trace the delivery. The Tea and Coffee Plant does not supply customer information to third parties other than as specifically stated herein (i.e. to enable the carrier to deliver the products).
Where the buyer is using the online payment method, The Tea and Coffee Plant uses a recognised online credit payment agency who have secure server software encryption to keep your transaction private and protected. Paying by this method will require the buyer to visit another website domain. The Tea and Coffee Plant accepts no responsibility and shall not be liable for errors or omissions on the part of the credit payment agency which result in the disclosure of confidential information, loss, expense or damage howsoever arising to the buyer. It is the responsibility of the buyer to read the terms of business of the credit payment agency before using the service.
DELIVERY AND RISK IN THE PRODUCTS
Delivery within the UK will normally be made within 8 to 12 working days of dispatch. The Tea and Coffee Plant will normally dispatch an order within 5 to 7 working days of the order being confirmed and payment being received. The Tea and Coffee Plant can arrange for products to be dispatched and delivered within 48 hours of an order being placed at a premium charge.
Delivery within the EC will normally be made within 14 working days of dispatch. The Tea and Coffee Plant will normally dispatch an order within 10 working days of the order being confirmed and payment being received. The Tea and Coffee Plant can arrange for products to be dispatched and delivered within 48 hours of an order being placed at a premium charge.
For EC and overseas deliveries, the buyer is regarded as the importer of record. The buyer may therefore be subject to additional charges duties and/or taxes which will be the sole responsibility of the buyer. The Tea and Coffee Plant is not responsible for any additional cost or expense incurred by the buyer save as are specifically included within the delivery charge or as otherwise provided for herein.
Delivery charge rates will vary from time to time.
The Tea and Coffee Plant shall not be liable for delay or failure to deliver products promptly if such failure arises due to force majeure or by reason of any delays occasioned by strikes, riots, lockouts or other labour trouble, war, fire, accident, mechanical failure, non-availability to The Tea and Coffee Plant of manufactured stock, parts, or materials; delay or failure of delivery of the products to The Tea and Coffee Plant by manufacturers suppliers or other persons; government action, legislation or regulation of any kind; Act of God, or any circumstances whatsoever outside our reasonable control.
You may cancel your order, without giving a reason, at any time up to 10 working days from receiving the goods. The Tea and Coffee Plant will action your refund in full within 5 working days of you notifying us of your cancellation. The refund will be given by cheque, unless otherwise requested. All products must be returned before a refund will be authorised.
LOSS OR DAMAGE IN TRANSIT
The Tea and Coffee Plant’s responsibility for loss or damage in transit will be limited to replacing the damaged products or providing a refund, which ever the buyer prefers.
If you are not completely satisfied with your purchase, for whatever reason, we guarantee to exchange or provide a full refund whatever your preference.
There may be occasions where The Tea and Coffee Plant cannot supply the products requested therefore a substitution will occur with a similar stock item. If a similar item does not exist then the customer has the right to cancel the order at any time and return the products for a full refund.
We will endeavour to respond to and resolve all complaints within 5 working days.
This does not affect your statutory rights as a consumer.
The construction, validity and performance of these Conditions of Sale and of any agreement that exists between The Tea and Coffee Plant and the buyer shall be governed in all respects by UK Law. In any dispute with The Tea and Coffee Plant regarding these Conditions of Sale or the supply of products to the buyer, the parties shall submit to the jurisdiction of the UK Courts.
Ian Henshall trading as “Coffee Plant” and “The Tea and Coffee Plant”
Acton Business Centre
London NW190 6TD