Teaologists Terms and Conditions

This page (together with the documents expressly referred to in it) tells you information about us and the legal terms and conditions ("Terms") on which we sell any of the products ("Products") listed on our website, www.hellomatcha.co.uk and/or www.Teaologists.co.uk (the "Website(s)"). These Terms also govern your membership with us.

These Terms will apply to any contract between us for the sale of Products to you ("Contract"). Please read these Terms carefully and make sure that you understand them, before ordering any Products from the Website. Please note that by ordering any of our Products, you agree to be bound by these Terms and the other documents expressly referred to in it.

These Terms are accepted by placing an order with Teaologists.

You should print a copy of these Terms or save them to your computer for future reference. We amend these Terms from time to time as set out in clause 8. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.

These Terms, and any Contract between us, are only in the English language.

1. Information about us
   1. We are Firmer Terrain Ltd (trading as Teaologists), a company registered in England and Wales under company number 08832034 and with our registered office at 3 The Mews, Lipscombe Close, Newbury, RG14 5XY ("Teaologists", "we", "our" or "us").
   2. If you are a consumer you can contact us in the following ways:
      1. To cancel a Contract in accordance with your legal right to do so as set out in clause 9, you just need to let us know that you have decided to cancel. The easiest way to do this is to e-mail us at admin@teaologists.co.ukor by post to Teaologists, Suite 30, Mail + More, 23 Peveral Drive, Bletchley, MK1 1NL. If you are emailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us.
      2. If you wish to contact us for any other reason, including because you have any complaints, you can contact us by e-mailing us atadmin@teaologists.co.uk.
   3. If you are a business you can contact us by e-mailing us at admin@teaologists.co.uk. If you wish to give us formal notice of any matter in accordance with these Terms, please see clause 18.3.
2. Membership
   1. In order to purchase Products from our Website you may have to set up an account with us.
   2. We reserve the right to offer account holders the option to pay an additional fee to become a premium member. Premium members will benefit from premium services which may include, amongst other things, cheaper bags of Matcha Tea and participation in a loyalty incentive scheme.
   3. If you wish to become a premium member, you agree to pay us the applicable fees and taxes stated on our Website from time-to-time. Failure to pay these fees may result in the termination of your subscription.
3. Our Products
   1. We sell our bags of Matcha Tea on a flexible subscription model – you can order as many or as few bags of Matcha Tea as you like. You can skip orders, change delivery dates or request ‘emergency packs' any time through your account page. We will, however, ask you to set up an initial delivery frequency of 2 or 4 bags per month, which you can change.
   2. The images of the Products on the Website are for illustrative purposes only. Your Products may vary slightly from those images.
   3. The packaging of the Products may vary from that shown on images on the Website.
   4. Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our site have a [5]% tolerance.
   5. All Products shown on the Website are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order.
   6. Time is not of the essence for any obligation in this agreement.

Use of the Website
Your use of the Website is governed by our Terms of Use.

4. How we use your personal information

We only use your personal information in accordance with our Privacy Policy. For details, please see our Privacy Policy. Please take the time to read these, as they include important terms which apply to you.

5. Restrictions
   1. This clause 6.1 only applies if you are a consumer. You may only purchase Products from the Website if you are at least 18 years old.
   2. This clause 6.2 only applies if you are a business.
      1. If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our Website to purchase Products.
      2. You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
   3. You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them.
6. How the contract is formed between you and us
   1. Our Website will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
   2. After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 7.3.
   3. We will confirm our acceptance to you by sending you an e-mail ("Dispatch Confirmation"). The Contract between us will only be formed when we send you the Dispatch Confirmation.
   4. If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on the Website as referred to in clause 13, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
7. Our right to vary these terms
   1. We may revise these Terms from time to time. Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
   2. Whenever we revise these Terms in accordance with this clause 8, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.
   3. If we have to revise these Terms 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 Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
8. Your consumer right of return and refund

This clause only applies if you are a consumer.

1. If you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts Regulations 2013 during the period set out below in clause 9.3. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund.
2. However, this cancellation right does not apply in the case of:
   1. any used or opened Products;
   2. any custom-made products or products made to your specification or clearly personalised;
   3. Products that are not suitable for return due to health protection or hygiene. For example, if the goods become unsealed after delivery or have perished;
   4. any Products which become mixed inseparably with other items after their delivery; or
   5. any other category excluded by the Consumer Contracts Regulations 2013.
3. Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out in the table below:

4. To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to e-mail us at admin@teaologists.co.ukor by post to Teaologists, Suite 30, Mail + More, 23 Peveral Drive, Bletchley, MK1 1NL. If you are e-mailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or e-mail us before midnight on that day.
5. If you cancel your Contract we will:
   1. refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
   2. refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). For example, if we offer delivery of a Product within 3-5 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
   3. make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
      1. if you have received the Product: 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. For information about how to return a Product to us, see clause 9.8;
      2. if you have not received the Product: 14 days after you inform us of your decision to cancel the Contract.
   4. If you have returned the Products to us because they are faulty or mis-described, we will refund the price of a defective Product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
   5. We will refund you on the credit card or debit card (or other payment method) used by you to pay. If you used vouchers to pay for the Product we may refund you in vouchers.
   6. If a Product has been delivered to you before you decide to cancel your Contract:
      1. then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. Our returns address is: Teaologists, Suite 30, Mail + More, 23 Peveral Drive, Bletchley, MK1 1NL,
      2. unless the Product is faulty or not as described (in this case, see clause 9.6), you will be responsible for the cost of returning the Products to us. If the Product is one which cannot be returned by post, we estimate that if you use the carrier which delivered the Product to you, these costs should not exceed the sums we charged you for delivery.
   7. Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 9 or anything else in these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
6. Voucher conditions
   1. Except where otherwise stated, promotions for free or discounted Product are available to new customers only.
   2. Discounted and introductory offers are only available once to any one person and a maximum of one promotional voucher code can be redeemed per household.
   3. Subsequent attempts to use promotional vouchers or offers by the same person at any address, or by another person at the same address, are not permitted.
   4. A voucher may only be used once and may not be copied, reproduced, distributed or published in any form without prior written approval from a member of the Teaologists team.
   5. We reserve the right to suspend or cancel introductory offers, vouchers and other promotions at any time.
   6. Valid debit or credit card details are required for payment to be taken.
   7. If you are using a voucher which entitles you to multiple Product for a discount you will be charged that discounted amount up front and you will be charged the standard price per Product at the end of the promotional period.
   8. If you are using a pre-paid Teaologists voucher you purchased on a third-party website, we will not take any payment from your card until the voucher credit has expired.
   9. Teaologists reserves the right to reject the use of a voucher if we have reason to suspect these Terms have been breached.
7. Delivery
   1. Your order will be fulfilled by the estimated delivery date set out in the Dispatch Confirmation, unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.
   2. Delivery of an Order shall be completed when we deliver the Products to the address you gave us and the Products will be your responsibility from that time.
   3. You own the Products once we have received payment in full, including all applicable delivery charges.
   4. Subscriber Packs - 40g packs of Matcha Tea are shipped to our subscribers via UK postage or  if abroad International Recorded or signed for Post.
   5. Samples/Trial Packs - All 5g samples are shipped 1st or 2^nd class non-recorded post. Teaologists takes no responsibility nor commits to compensate or replace of any items that are lost or damaged during delivery.
8. International delivery
   1. We do deliver our goods internationally, but reserve the right to decline without giving a reason a purchase/payment from any specific country. You may place an order for Products from outside the UK.
9. Price of products and delivery charges
   1. The prices of the Products will be as quoted on the Website at the time you submit your order. All bags of Matcha Tea are £19.95, which includes delivery to any address across the world. We sometimes have limited imports of a crop which we may charge at a higher price.
   2. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, please see clause 13.5 for what happens in this event.
   3. Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.
   4. The price of a Product includes delivery and VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
   5. It is always possible that, despite our reasonable efforts, some of the Products on the Website may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
      1. where the Product's correct price is less than the price stated on the Website, we will charge the lower amount when dispatching the Products to you. However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price; and
      2. if the Product's correct price is higher than the price stated on the Website, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
   6. How to pay
      1. You can pay for Products using a debit card or credit card. We accept the following cards: Visa, American Express and MasterCard.
      2. Payment for the Products is in advance. We will charge your debit card or credit card when the order is placed.
      3. On our site www.hellomatcha.co.uk we offer purchasers to opportunity to add extra products to their order before the transaction is closed. We offer this through the functionality of our partner SamCart or through PayPal Reference Transactions. Customers are able to select or deselect these extra items as they wish and are under no obligation to purchase them. Should the Customer choose not to add them to the transaction or they close the browser then the transaction will be closed with only the items selected being included. If the customer chooses to add some or all of the extra items then confirmation will be provided. Once this transaction is completed by either route, no further payment will or is able to be taken. The transaction is closed and cannot be reopened by the Customer or the Seller. The transaction can be cancelled by the Customer no matter what has been purchased up until the dispatch confirmation is sent. Following this goods must be returned unopened, via recorded post and within 14 days for a refund to be offered.
         
         
   7. Our liability if you are a business

This clause 15 only applies if you are a business customer.

1. We only supply the Products for internal use by your business, and you agree not to use the Product for any re-sale purposes.
2. Nothing in these Terms limit or exclude our liability for:
   1. death or personal injury caused by our negligence;
   2. fraud or fraudulent misrepresentation;
   3. breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
   4. defective products under the Consumer Protection Act 1987.
3. Subject to clause 15.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
   1. any loss of profits, sales, business, or revenue;
   2. loss or corruption of data, information or software;
   3. loss of business opportunity;
   4. loss of anticipated savings;
   5. loss of goodwill; or
   6. any indirect or consequential loss.
4. Subject to clause 15.2 and clause 15.3, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products.
5. Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.

5. Our liability if you are a consumer

This clause 16 only applies if you are a consumer.

1. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
2. We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
3. We do not in any way exclude or limit our liability for:
   1. death or personal injury caused by our negligence;
   2. fraud or fraudulent misrepresentation;
   3. any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
   4. any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
   5. defective products under the Consumer Protection Act 1987.
4. Subject to clause 16.2 and clause 16.3, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed £100 or 300% of the price of the Products, whichever is lower.

6. 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 an Event Outside Our Control. An Event Outside Our Control is defined below in clause 17.2.
   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.
   3. If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
      1. we will contact you as soon as reasonably possible to notify you; and
      2. 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 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.
   4. Communications between us
      1. When we refer, in these Terms, to "in writing", this will include e-mail.
      2. If you are a consumer you may contact us as described in clause 1.2.
      3. If you are a business:
         1. Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service, e-mail, or posted on our Website.
         2. A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; if sent by e-mail, one Business Day after transmission; or, if posted on our Website, immediately.
         3. 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.
         4. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
      4. Other important terms
         1. 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.
         2. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
         3. This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
         4. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
         5. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
         6. These Terms and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
         7. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).

If you have a complaint please contact us on the following email address admin@teaologists.co.uk.