These Terms and Conditions apply to all Products supplied (and where relevant, installed) by us, Teal Products Limited, a company registered in England and Wales under number 03911485, whose registered office address is Unit 8a Orchard Industrial Estate, Toddington, Cheltenham, England, GL54 5EB (referred to as “the Company/we/us/our”).

 

1. Definitions and Interpretation

1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

         “Client/Customer/you/your” means the business or corporate body purchasing the Product(s).  Where an individual is entering into the Contract on behalf of a business, the individual confirms they have the authority to enter into this Contract on behalf of that business and the business will be our Customer in the context of the Contract;

         “Contract” means the contract formed in accordance with clause 2 which will incorporate, and be subject to, these Terms and Conditions;

         “Product(s)” means the products supplied by us to you (and where expressly detailed in our quotation, installed by us);

         “Quotation” means our written quotation to provide the Product(s), which remains open for acceptance for a period of 30 days unless otherwise specified and sets out our entire scope of works;

         “Services” means any installation services detailed in our quotation to be carried out by us;

         “Site” means the site at which our Product(s) are to be delivered and (where applicable installed by us), and

         “Website” means https://tealproducts.com/ and https://tealproducts.co.uk/

1.2 Unless the context otherwise requires, each reference in these Terms and Conditions to:

1.2.1 “writing” and “written” includes emails and similar communications;

1.2.2 a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;

1.2.3 “Terms and Conditions” refers to these Terms and Conditions as may be amended or supplemented at the relevant time;

1.2.4 a clause refers to a clause of these Terms and Conditions;

1.2.5 a “party” or the “parties” refer to the parties to these Terms and Conditions; and

1.2.6 any reference to a party includes its employees, agents and sub-contractors.

1.3 The headings used in these Terms and Conditions are for convenience only and will have no effect on their interpretation.

1.4 Words imparting the singular number include the plural and vice versa. References to persons include corporations.

 

2. The Contract

2.1 We will send a written Quotation, setting out the Products to be provided and our fees. A legally binding Contract will be formed as soon as you accept our Quotation, electronically or otherwise, or place an order with us via our Website.  The Contract will include the acceptance of these Terms and Conditions, which will apply between you and us.

2.2 No order submitted by you will be deemed to be accepted by us unless and until confirmed by an authorised representative of ours.

2.3 You are responsible for the accuracy of any information submitted to us and for ensuring that the Quotation reflects your requirements. Our  Quotation is based on the information provided to us at the time of its preparation.  Should any errors or discrepancies become evident which affect the order value, we reserve the right to adjust it.

2.4 No terms or conditions stipulated or referred to by you in any form whatsoever will in any respect vary or add to these Terms and Conditions unless we agree otherwise in writing.

2.5 Any typographical, clerical or other error or omission in any sales literature, Quotation, price list, acceptance of offer, invoice or other document or information issued by us will be subject to correction without any liability on our part.

2.6 Any programme we agree is to be treated as an estimate only. We may be delayed by factors outside of our control so unless we agree otherwise in writing, we will have no obligation to deliver the Products and/or complete our Services by a specified date.

 

3. Survey

3.1 Where required, we may arrange a site survey to take or confirm measurements so that we may satisfy ourselves of:

3.1.1 the technical viability of the works;

3.1.2 compliance with current laws and guidelines; and

3.1.3 whether the price and Products agreed were appropriate.

3.1.4 If any survey reveals unforeseen additional work is required at an additional cost, both parties have the right to cancel the Contract. If the Contract is cancelled under this clause 3, we will refund any deposit paid (where applicable).

3.1.5 Where our survey reveals that elements of the works requested of us cannot feasibly comply with current regulations or design guidance, we will do our utmost to highlight this in our quotation and present available options. In the event that the options presented by us do not meet regulations and design guidance due to parameters and limitations dictated by the building, project, specification, drawings or other such information provided by you which are beyond our control, you must satisfy yourselves that the solutions presented are deemed acceptable and any risks associated with operation or limitations to performance as a result of these factors are recognised, have been assessed by you and are acceptable to you prior to order. By ordering on this basis you warrant that Teal accepts no liability for performance or regulatory deficits as a result of these restrictions imposed by such external factors upon us.

4. Design

4.1 Any design work we carry out is limited to the products and installation services we are providing, and will be based on any basic drawings, technical specifications and other information provided by you, your architect or such other relevant third party.

4.2 Where our design review reveals that elements of the works requested of us cannot feasibly comply with current regulations or design guidance, we will do our utmost to highlight this in our quotation and present available options. In the event that the options presented by us do not meet regulations and design guidance due to parameters and limitations dictated by the building, project, specification, drawings or other such information provided by you which are beyond our control, you must satisfy yourselves that the solutions presented are deemed acceptable and any risks associated with operation or limitations to performance as a result of these factors are recognised, have been assessed by you and are acceptable to you prior to order. By ordering on this basis you warrant that Teal accepts no liability for performance or regulatory deficits as a result of these restrictions imposed by such external factors upon us.

4.3 We reserve the right to charge if additional works are required due to changes or factors we were unaware of at the time of providing our Quotation, or in the event of unforeseen circumstances that affect the price we have quoted.

4.4 We may provide samples, sketches or similar documents, but these are intended for illustrative purposes only and are not intended to provide an exact specification, nor to guarantee specific results.

4.5 We include for minor revisions to the initial design(s), within an agreed period from issue of such initial designs. Any further or more significant revisions, or those outside of the timescale, will be chargeable.

4.6 Drawings must be signed off by you in writing before we can commence manufacture/place an order for the required parts for the Products. We will not be responsible for any delay incurred by your failure to approve the drawings in a timely manner.

4.7 Please note that once the drawings have been signed off by you in writing, we will be unable to accept any changes to them unless expressly agreed otherwise by us in writing.

 

5. The Products

5.1 We will ensure that the Products are manufactured with reasonable care and skill and will meet the specification as detailed in our accepted quotation

5.2  Where the products requested cannot feasibly comply with current regulations or design guidance, we will do our utmost to highlight this in our quotation and present available options. In the event that the products presented by us do not meet regulations and design guidance due to parameters and limitations dictated by the building, project, specification, drawings or other such information provided by you which are beyond our control, you must satisfy yourselves that the solutions presented are deemed acceptable and any risks associated with operation or limitations to performance as a result of these factors are recognised, have been assessed by you and are acceptable to you prior to order. By ordering on this basis you warrant that Teal accepts no liability for performance or regulatory deficits as a result of these restrictions imposed by such external factors upon us.

5.3 You are responsible for ensuring that the Site is suitable for your chosen Products.

5.4 We reserve the right to make minor alterations to the specification of any Products described in the Quotation without consulting you first.

5.5 We reserve the right to make any changes in the specification of the Products that may be required to conform to any applicable safety or other legal or regulatory requirements without notice.

5.6 If the Products are installed incorrectly by you, or if any other mistakes or faults are caused by you or any third party, then any costs we may incur as a result will be chargeable. Please note this may also result in delays to the programme, for which we cannot be held responsible.

5.7 We will manufacture the Products to the specification chosen by you. We cannot be held responsible for any issues where you fail to follow our guidance or reasonable instructions.

5.8 Please note that there may be manufacturing markings on the Products. These markings do not indicate damage and do not in any way influence the suitability of the Products.

5.9 It is your responsibility to ensure that any use of the Products by you is in compliance with any instructions and manuals issued by us, and any applicable statutory requirements. We cannot be held responsible for incorrect or improper use of the Products by you.

 

6. Delivery and Collection

6.1 You will have the option to collect the Products or have them delivered to Site.

6.2 Where applicable, the Quotation will set out the agreed number of deliveries and any Installation Services to be provided where applicable and clearly detailed. Any changes to this, or any timed deliveries or other special requirements, will incur additional costs.

6.3 We will notify you when the Products are ready for collection (where applicable). Any failure by you to collect the Products on the agreed dates and at the agreed times shall not be our responsibility, and we will reserve the right to charge any costs incurred where you have failed to collect the Products, such as for the reasonable costs of storage or for wasted time.

6.4 Any dates quoted for delivery of the Products are approximate only and we will not be liable for any delay in delivery of the Products howsoever caused. Time for delivery shall not be of the essence of the Contract.  We may deliver Products in advance of the quoted delivery date upon giving you reasonable notice.

6.5 Most orders will be delivered by lorry or large van, so it is important that you tell us about any restrictions on access at the time of your order. We cannot be held responsible for any aborted delivery as a result of your failure to disclose this, or where access is deemed unreasonably difficult.

6.6 It is your responsibility to inspect the Products on delivery or collection. Where the Products cannot be examined, the delivery note or such other note as appropriate must be marked as “not examined”.  We will be under no liability for any damage or shortages that would be apparent on reasonable careful inspection if the provisions of this clause 6.6 are not complied with and, in any event, will be under no liability if a written complaint is not delivered to us within 48 hours of delivery detailing the alleged damage or shortage.

6.7 Delivery will be deemed to have taken place when the Product(s) have been delivered to the agreed delivery address and you (or someone identified by you) have taken physical possession of the Product(s).

6.8 Where the Products are to be delivered in instalments, each delivery shall constitute a separate contract and failure by us to deliver any one or more of the instalments in accordance with these Terms and Conditions shall not entitle you to treat the Contract as a whole as repudiated.

6.9 If you fail to take delivery of the Products or fail to give us adequate delivery instructions at the time stated for delivery (otherwise than through no fault of your own) then without prejudice to any other right or remedy available to us, we may store the Products until actual delivery and charge you for the reasonable costs of storage, together with any insurance, administration and restocking fees.

7. Installation

7.1 In the event that we are providing any element of installation this will be clearly detailed in our quotation, otherwise installation is excluded and you shall be fully responsible for assembling and/or installing the Products without any assistance from us. We cannot be held responsible for any incorrect or improper installation by you. Where installation is not clearly detailed in our quotation, the product is provided on a supply only basis.

7.2 Where we have agreed to install the Products, you are responsible for ensuring that:

7.2.1 the installation team and any delivery vehicles have unrestricted access to the Site, with suitable adjacent parking, on the agreed dates and at the agreed times. Our price is based on being able to complete our Services in one continuous visit or where we are carrying out our Services in phases, each phased visit is to be continuous;

7.2.2 any preparatory, enabling works or access equipment to be provided by you or your other service providers is complete and ready prior to the agreed attendance dates by us. We reserve the right to charge for standing time where we attend site on agreed dates but are unable to progress with our works due to lack of access or agreed provisions by you or your service providers that prevent our reasonable progress on site.

7.2.3 parking permits, if required, have been organised in advance;

7.2.4 you take reasonable steps to protect the Site including, but not limited to, the removal of valuable and/or delicate items from areas where the installation is to be carried out. Please note that we will not move obstacles to gain access to the required parts of the Site;

7.2.5 no third parties shall have entry to the Site during the Services, unless this is deemed necessary. We shall not be responsible for any delays incurred by the actions of any third-party at the Site;

7.2.6 if any consents, licences or other permissions are needed from any third parties such as landlords, planning authorities, local authorities or similar, these have been obtained by you before we begin the Services;

7.2.7 the Products are kept safe and in storage (where applicable) in between site visits; and

7.2.8 we have access to power, water, wi-fi and adequate welfare facilities, in order to enable us to carry out our Services.

7.3 If you fail to comply with any of your obligations outlined above, or if we are otherwise delayed for any reason beyond our control, we will reserve the right to suspend the Services until such time as this is rectified, not be held liable for any delays, and to charge for any costs we may incur as a result, such as for storage or non-productive visits to the Site.

7.4 We will ensure that no parts of the Site suffer damage as a result of our provision of the Services. This does not apply to any damage caused to any existing decorations which is reasonably commensurate with the carrying out of works in the usual way. We will make good any other damage that occurs at no additional cost to you, as soon as is reasonably possible.

 

8. Risk and Retention of Title

8.1 The responsibility (sometimes referred to as the “risk”) for the Products remains with us until they have been delivered to the Site or collected by you, at which point it will pass to you. It shall be your responsibility to ensure that there is adequate storage at the Site and that the Products are insured.

8.2 We reserve the right to charge for storage where the agreed delivery, collection or installation date is delayed and we agree to store any Products away from the Site.

8.3 Until payment has been made in accordance with our Quotation and Clause 9, we shall remain the legal and equitable owner of the Products.

9. Price and Payment

9.1 Our Quotation is based upon the cost of the raw materials at the date of the Quotation. If we are delayed through no fault of our own at any stage during the Contract and such delays result in any additional costs for us, we reserve the right to adjust our Contract value accordingly.

9.2 Unless otherwise agreed by us, we will charge staged payments as the works progress, as specified in the Quotation.

9.3 We will reserve the right to request a deposit at the time the contract is formed. We will additionally reserve the right to request 100% of the contract price, up front, and will specify this in the Quotation where applicable.

9.4 Unless otherwise agreed by us, all invoices are payable in full within 30 days of receipt, in pounds sterling, without set-off, withholding, retention or deduction.

9.5 All prices quoted are exclusive of VAT, where applicable.

9.6 You agree to pay for any additional services provided by us that are not specified in the Contract. These additional services will be charged in accordance with our current, applicable rate in effect at the time of performance, or such other rate as may be agreed.  Any charge for additional services will be supplemental to the amounts that may be due for expenses.

9.7 The time for payment shall be of the essence of the Contract. If you fail to make payment in full by the due date then, without prejudice to any other rights which we may have, we will have the right to suspend our services, suspend all further delivery of Products, recover any Products in which we retain title in accordance with clause 7, and charge interest from the due date until payment is made in full, both before and after judgment, at the rate of 8% per annum over the Bank of England base rate from time to time in force, in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.  We will also charge for any costs we may incur in attempting to recover any outstanding debt.

 

10. Warranty

10.1 We warrant that the Product(s) will comply with the specification as detailed in the Quotation, however the suitability of the Product(s) for your business needs remains with you.

10.2 The above warranty is given by us subject to the following conditions:

10.2.1 we shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow our instructions (whether oral or in writing), misuse or alteration or repair of the Product(s) without our prior written approval;

10.2.2 we shall be under no liability under the above warranty (or any other warranty condition or guarantee) if the total price for the Product(s) has not been paid by the due date for payment; and

10.2.3 the above warranty does not extend to parts, materials or equipment not manufactured by us in respect of which you shall only be entitled to the benefit of any such warranty or guarantee as is given to us by the manufacturer.

10.3 Products are supplied with a 12 month limited warranty against manufacturing defects at the time of installation, from the date of invoice.

11. Variation and Amendments

11.1 If you wish to vary the Contract, you must notify us in writing as soon as possible. We will endeavour to make any required changes and will invoice you for any additional costs incurred as a result.

11.2 If we have to make any change in the arrangements relating to the Contract, we will notify you immediately. We will endeavour to keep such changes to a minimum and will seek to offer you arrangements as close to the original as reasonably possible in the circumstances.

11.3 Any agreed variation or amendment will be carried out in accordance with these Terms and Conditions and any price increase necessitated as a result will be payable in accordance with clause 9 above.

 

12. Cancellation and Termination

12.1 Once the Contract is formed, you may terminate it by giving us no less than 14 days’ written notice. However, we reserve the right to levy reasonable cancellation charges including, but not limited to, each completed phase of the Contract prior to termination, any Products purchased, any restocking costs, administration costs, procurement costs and loss of profit, against you and these shall fall due for payment immediately. No refunds will be issued for payments made in advance.

12.2 We may cancel the Contract for any reason at any time, by giving you 7 days’ written notice.

12.3 Either party has the right to terminate the Contract immediately if the other party commits a material breach of the Contract and fails to remedy that breach within 14 days of receiving notice of the breach, or if the other goes into bankruptcy or liquidation either voluntary or compulsory (save for the purposes of bona fide corporate reconstruction or amalgamation), if a receiver is appointed in respect of the whole or any part of its assets, or if anything similar occurs in relation to either party.

12.4 In the event of termination:

12.4.1 all payments due under the Contract will become due and immediately payable. In respect of Products or Services provided but for which no invoice has been submitted, we will be entitled to submit an invoice, which will become immediately due and payable; and

12.4.2 any and all obligations of the parties which either expressly or by their nature continue beyond the termination, cancellation or expiration of the Contract will survive termination on a pro-rata basis.

12.4.3 The rights to terminate the Contract given by this clause 12 will not prejudice any other right or remedy of either party in respect of the breach concerned (if any) or any other breach.

 

13. Confidentiality: Both parties agree that they will not use any confidential information provided by the other, other than to perform their obligations under the Contract. Each party will maintain the confidential information’s confidentiality and will not disseminate it to any third party, unless so authorised by the other party in writing or unless required to do so by law.

 

14. Literature and Representations: Any marketing literature is presented in good faith as a guide to represent the Products offered and does not form a part of the Contract.  None of our employees or agents are authorised to make any representation concerning the Products unless confirmed by us in writing. In entering into the Contract, you acknowledge that you do not rely on and waive any claim for breach of any such representations, which are not so confirmed.

 

15. Intellectual Property

15.1 Subject to a written agreement to the contrary, we retain ownership in all intellectual property which may subsist in the Products. Nothing in the Contract will vest any ownership rights in you until the Products have been finalised and delivered/collected as appropriate (providing payment has been made in accordance with clause 9).  We reserve the right to take such actions as may be appropriate to restrain or prevent infringement of such intellectual property rights.

15.2 You warrant that any document or instruction furnished or given by you will not cause us to infringe the intellectual property rights of any third party and will indemnify us against all loss, damages, costs and expenses awarded against or incurred by us in settlement of any claim for infringement of any intellectual property rights which results from our use of your information.

15.3 Any documentation we may provide will be submitted in our normal standard format only. If additional copies or specific requirements are requested, we reserve the right to apply additional charges.

 

16. Literature and Representations: Any marketing literature is presented in good faith as a guide to represent the Products offered and does not form a part of the Contract.  None of our employees or agents are authorised to make any representation concerning the Products unless confirmed by us in writing. In entering into the Contract, you acknowledge that you do not rely on and waive any claim for breach of any such representations, which are not so confirmed.
17. Liability and Indemnity

17.1 Nothing in these Terms and Conditions excludes or seeks to exclude our liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation.

17.2 Except as provided in clause 17.1 above, we will not by reason of any representation, implied warranty, condition or other term, or any duty at common law or under the express terms contained herein, be liable for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by our employees, agents or otherwise) in connection with the performance of our obligations under the Contract.

17.3 All warranties or conditions whether express or implied by law are hereby expressly excluded to the maximum extent permitted by law.

17.4 In the event of a breach by us of our express obligations under these Terms and Conditions, your remedies will be limited to damages, which in any event, will not exceed the total fees and expenses paid by you under the Contract.

17.5 You agree to indemnify us against all damages, costs, claims and expenses suffered by us as a result of your actions or inactions, including those of your agents or employees.

 

18. Force Majeure: Neither party will be liable for any failure or delay in performing their obligations under the Contract where such failure or delay results from any cause beyond the reasonable control of that party.  Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, acts of terrorism or war, pandemic, epidemic, governmental action or any other event beyond the control of the party in question.

 

19. Data Protection: Each party agrees to comply with all applicable data protection legislation including, but not limited to, the Data Protection Act 2018, the UK General Data Protection Regulation, and any subsequent amendments to them.

 

20. Other Important Terms

20.1 We may transfer (assign) our obligations and rights under the Contract to a third party (if, for example, we sell our business) and we will inform you in writing. Your rights under the Contract will not be affected and our obligations under the Contract will be transferred to the third party who will remain bound by them. You may not transfer (assign) your obligations and rights under the Contract without our express written permission, which will not be unreasonably withheld.

20.2 We will be free to sub-contract any of our obligations under the Contract. We will be responsible for every act or omission of any sub-contractor as if it were an act or omission of our own.

20.3 Nothing in the Contract will render or be deemed to render us an employee or agent of yours or you an employee or agent of ours.

20.4 The Contract is between you and us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of the Contract.

20.5 Any part of these Terms and Conditions found to be unlawful, invalid or otherwise unenforceable would be severed from our Contract. This will not affect the validity and enforceability of the remaining parts of the Contract.

20.6 No failure or delay by either party in exercising any rights under the Contract means that we or you have waived that right, and no waiver by either party of a breach of any provision of the Contract means that we or you will waive any subsequent breach of the same or any other provision.

20.7 Notices will be deemed to have been duly received and properly served 24 hours after an email is sent or 3 working days after the posting of any letter. In proving service, it will be sufficient to prove, in the case of a letter, that it was properly addressed, stamped and placed in the post and in the case of an email, that it was sent to the email address of the addressee.

20.8 Apart from where manufacturing defects are proven and accepted by Teal Products, all returns are subject to application and acceptance by Teal Products on the following basis:

20.8.1 Returns are subject to goods being returned to Teal Products at the customers cost and risk, using our advised returns process

20.8.2 Surplus returned items or those ordered in error will only be considered for return where products are returned and arrive in their unopened original packaging, in original undamaged condition and are suitable for resale. In addition,

20.8.3 Any accepted returns are subject to a 25% restocking charge and minimum £50 per item, and

20.8.4 Any special order, non stock or custom made products are subject to Teals ability to return or resell these items and any partial refund that might be agreed is on negotiation.

 

21. Law and Jurisdiction

21.1 These Terms and Conditions and the Contract (including any non-contractual matters and obligations arising from them or associated with them) will be governed by, and construed in accordance with, the laws of England and Wales.

21.2 Any dispute, controversy, proceedings or claim between the parties relating to these Terms and Conditions or the Contract (including any non-contractual matters and obligations arising from them or associated with them) will fall within the exclusive jurisdiction of the courts of England and Wales.

 

 

 

These Website Terms of Use set out the terms under which you may use our websites, https://tealproducts.com/ and https://tealproducts.co.uk/ (“our Site”).  Please read these Website Terms of Use carefully and ensure that you understand them.  It will be deemed that you agree to comply with and be bound by these Website Terms of Use upon your first use of our Site.  If you do not agree to comply with and be bound by these Website Terms of Use, you must stop using our Site immediately.

 

1. Definitions and Interpretation
   • In these Website Terms of Use, unless the context otherwise requires, the following expressions have the following meanings:

             “Content” means any and all text, images, audio, video, scripts, code, and any other form of information capable of being stored on a computer that appears on, or forms part of, our Site; and

“We/Us/Our” means Teal Products Limited, a company registered in England and Wales under number 03911485, whose registered office address is Unit 8a Orchard Industrial Estate, Toddington, Cheltenham, England, GL54 5EB.

 

2. Access to Our Site
   • Access to our Site is free of charge. Access is provided “as is” and on an “as available” basis.  We may alter, suspend or discontinue our Site (or any part of it) at any time and without notice.  We will not be liable to you in any way if our Site (or any part of it) is unavailable at any time or for any period.
   • Content on the Website is provided solely for your information. The Content must never be used as a substitute for, nor does it replace, professional medical advice, diagnosis, assistance or treatment. Do not disregard, avoid or delay obtaining medical advice from a qualified healthcare provider based on what you have read on the Website.

 

3. Intellectual Property Rights
   • All Content included on our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by us. All Content is protected by applicable intellectual property laws.
   • Subject to clause 3.3, you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from our Site unless we give you express written permission to do so.
   • You may:
     • Access, view and use our Site in a web browser (including any web browsing capability built into other types of software or app);
     • Download our Site (or any part of it) for caching;
     • Print pages from our Site;
     • Download extracts from pages on our Site; and
     • Save pages from our Site for later and/or offline viewing.
   • You must always acknowledge our status as the owner and author of the Content on our Site (or that of identified licensors, as appropriate).
   • You may not use any Content saved or downloaded from our Site for commercial purposes without first obtaining a licence from us (or our licensors, as appropriate) to do so. This does not prohibit the normal access, viewing and use of our Site for general information purposes, whether by business users or consumers.

 

4. Links to Our Site
   • You may link to our Site provided that:
     • You do so in a fair and legal manner;
     • You do not do so in a manner that suggests any form of association, endorsement or approval on our part where none exists;
     • You do not use any logos or trademarks displayed on our Site without our express written permission; and
     • You do not do so in a way that is intended to damage our reputation or to take unfair advantage of it.
   • Framing or embedding of our Site on other websites is not permitted without our express written permission.
   • You may not link to our Site from any other site, the main content of which contains material that:
     • is obscene, deliberately offensive, hateful or otherwise inflammatory;
     • promotes violence;
     • promotes or assists in any form of unlawful activity;
     • discriminates against, or is in any way defamatory towards, any person or group of people;
     • is intended or is otherwise likely to threaten, harass, annoy, inconvenience, upset or embarrass another person;
     • is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
     • misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive;
     • infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trademarks and database rights) of any other party; or
     • is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
   • The restrictions in clause 4.3 do not apply to content submitted to sites by other users, provided that the primary purpose of the site meets with the provisions of clause 4.3. You are not, for example, prohibited from posting links on general-purpose social networking sites merely because another user may post such content.  You are, however, prohibited from posting links on websites which focus on or encourage the submission of such content from users.

 

5. Links to Other Sites

Links to other sites may be included on our Site.  Unless expressly stated, these sites are not under our control.  We neither assume nor accept responsibility or liability for the content of third-party sites.  The inclusion of a link to another site on our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.

 

6. Disclaimers
   • Nothing on our Site constitutes advice on which you should rely. It is provided for general information purposes only.
   • Insofar as is permitted by law, we make no representation, warranty or guarantee that our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.
   • We make reasonable efforts to ensure that the Content on our Site is complete, accurate and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that this will be the case.

 

7. Viruses, Malware and Security
   • We exercise all reasonable skill and care to ensure that our Site is secure and free from viruses and other malware.
   • You are responsible for protecting your hardware, software, data and other material from viruses, malware and other internet security risks.
   • You must not deliberately introduce viruses, malware or any other material which is malicious or technologically harmful either to or via our Site.
   • You must not attempt to gain unauthorised access to any part of our Site, the server on which our Site is stored, or any other server, computer or database connected to our Site.
   • By breaching the provisions of clauses 7.3 and 7.4, you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and we will cooperate fully with those authorities by disclosing your identity to them.  Your right to use our Site will cease immediately in the event of such a breach.

 

8. Acceptable Usage Policy
   • You may only use our Site in a manner that is lawful. Specifically:
     • you must ensure that you comply fully with any and all local, national or international laws and/or regulations;
     • you must not use our Site in any way, or for any purpose, that is unlawful or fraudulent;
     • you must not use our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software or data of any kind; and
     • you must not use our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.
   • We reserve the right to suspend or terminate your access to our Site if you materially breach the provisions of this clause 8 or any of the other provisions of these Website Terms of Use. Specifically, we may take one or more of the following actions:
     • suspend, whether temporarily or permanently, your right to access our Site;
     • issue you with a written warning;
     • take legal proceedings against you for reimbursement of any and all relevant costs incurred as a result of your breach;
     • take further legal action against you as appropriate;
     • disclose such information to law enforcement authorities as required or as we deem reasonably necessary; and/or
     • any other actions which we deem reasonably appropriate (and lawful).

 

9. Our Liability
   • To the fullest extent permissible by law, we accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) our Site or the use of or reliance upon any Content included on our Site.
   • To the fullest extent permissible by law, we exclude all representations, warranties and guarantees (whether express or implied) that may apply to our Site or any Content included on our Site.
   • If you are a business user, we accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
   • We exercise all reasonable skill and care to ensure that our Site is free from viruses and other malware. We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of our Site (including the downloading of any Content from it) or any other site referred to on our Site.
   • We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of our Site resulting from external causes including, but not limited to, internet service provider equipment failure, host equipment failure, communications network failure, natural events, acts of war, legal restrictions or censorship.
   • Nothing in these Website Terms of Use excludes or restricts our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law.
   • If you are a consumer visiting our Site, please contact your local Citizens’ Advice Bureau or Trading Standards Office for full details of your legal rights, including those relating to digital content.

 

10. Privacy and Cookies

Use of our Site is also governed by our Privacy Policy, which is incorporated into these Website Terms of Use by this reference.

 

11. Changes to these Website Terms of Use

We may alter these Website Terms of Use at any time.  Any such changes will become binding on you upon your first use of our Site after the changes have been implemented.  You are therefore advised to check this page from time to time.

 

12. Contacting Us

To contact us, please email us at info@tealproducts.co.uk.

 

13. Law and Jurisdiction
    • These Website Terms of Use, and the relationship between you and us (whether contractual or otherwise) will be governed by and construed in accordance with the laws of England & Wales.
    • If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in clause 13.1 above takes away or reduces your rights as a consumer to rely on those provisions.
    • If you are a consumer, any dispute, controversy, proceedings or claim between you and us relating to these Website Terms of Use, or the relationship between you and us (whether contractual or otherwise) will be subject to the jurisdiction of the courts of England, Wales, Scotland or Northern Ireland, as determined by your residency.
    • If you are a business, any disputes concerning these Website Terms of Use, the relationship between you and us, or any matters arising from them or associated with them (whether contractual or otherwise) will be subject to the exclusive jurisdiction of the courts of England and Wales.