Terms of Sale

TERMS OF SALE

Where we do accept to enter into a Subscription with you, we will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched and your Subscription is live (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.

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 we cannot meet your requested delivery date or because of an error in the price on our site, 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 including any delivery costs charged as soon as possible.

TERMS OF SUBSCRIPTION

By purchasing a month-to-month subscription, you acknowledge that your Subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. Your Subscription will be automatically extended for successive monthly periods, at the original subscription rate.

WHO ARE JAGGED PEAK?
Jagged Peak are a service provider who will process your order and arrange delivery to you. They act as Merchant of Record on behalf on LoveTea.com. The name "Jagged Peak" will appear on your invoice.

PRICE AND PAYMENT
The price of your Subscription includes 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 your monthly Subscription renewal in full before the change in VAT takes effect. Our delivery charges are as advised to you during the check-out process, before you confirm your order.

HOW TO PAY
You can pay for your Subscription using a debit card or credit card (we accept Mastercard and Visa). We will submit monthly charges without further authorization from you, until you provide notice that you are terminating this authorization or wish to change your payment method, in accordance with these Terms. Your credit card will be charged each month on the same day of the month as your original purchase date (your Monthly Renewal Date).

You must provide current, complete and accurate information for your Account. You must promptly update all information to keep your Account current, complete and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify us or our if your payment method is canceled or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your user name or password. Changes to such information can be made on your Account.

Payment for your Subscription and all applicable delivery charges must be made in advance. We will not charge your debit card or credit card until we dispatch your order.

CHANGES TO THE TERMS
We may revise these Terms as they apply to your Subscription from time to time to reflect changes in relevant laws and regulatory requirements. If we have to make changes to the Terms as they apply to your Subscription, 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. If you opt to cancel, we may ask you 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.

YOUR RIGHT OF RETURN AND REFUND
You may cancel a Contract at any time before your order is delivered and up to 14 days afterwards, 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 (see below).

To cancel a Contract, you just need to let us know that you have decided to cancel and, where you have already received the Product, return it to us (at your own cost) in the same condition in which you received it (except to the extent reasonably necessary for you to examine it). You can do this by contacting us on the contact details set out below. 

If you cancel your Contract we will:
i) refund you the price you paid for the Products, subject to deducting the cost of any deterioration from you as permitted under the Regulations;
ii) refund any delivery costs you have paid, to a maximum of the cost of delivery by the least expensive delivery method we offer to your address;
iii) make any refunds due to you as soon as possible and in any event:
a. where you have not yet received the Product, within 14 days of you informing us of your wish to cancel the Contract; or
b. where you have received the Product, within 14 days of the date of which we receive the Product by return, or of the date on which you provide evidence that the Product has been returned:

We will refund you using the same payment card or account by which you made payment to us.

As a consumer, we are under a legal duty to supply you with Products that are in conformity with this Contract. 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 or anything else in these Terms. If you have returned the Products to us because they are faulty or mis-described, we will refund the price of the gedpProducts in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.

You can cancel your Subscription at any time, but please be aware that we need to know 3 working days in advance of the Monthly Renewal Date if you do not want your credit card to be charged. If you tell us any later than this, your credit card will be charged for the following month and your Products will be shipped. We will then need to process your cancellation instruction as a refund as set out in these Terms.

To cancel a Contract, either (i) contact our Customer Services team by telephone on Telephone: # or email lovetea@jaggedpeak.com or ii) email us via our Contact form and we will provide you with return instructions or (iii) access your Account.

We reserve the right to cancel your Subscription at any time. If we cancel your Subscription, we will refund any payment taken for Products that have not yet been dispatched.

ORDERS AND DELIVERY

General Order Information
Orders for in-stock Products are generally processed and shipped within two (2) business days.

Delivery Information
Products will only be shipped and delivered to addresses located within the United Kingdom (excluding Northern Ireland). Products may only be shipped to one delivery address. Delivery of Products pursuant to your Subscription shall be completed when we deliver the Products to the address you gave us and the Products will be your responsibility from that time. You own the Products once we have received payment in full, including all applicable delivery charges.

Please note that your Subscription will not be delivered on weekends or Public Holidays, and that Public Holidays may impact delivery times.

Occasionally our delivery to you may be affected by an Event Outside Our Control. See below for our responsibilities when this happens. If we do not meet the agreed delivery deadline for your Subscription then you may cancel your Subscription – see above for information about how to do this. 


DEFECTIVE OR DAMAGED MERCHANDISE
In the event that we processed your Subscription incorrectly, or that you received a defective or damaged item, please (i) call Customer Service on Telephone: # or email lovetea@jaggedpeak.com or (ii) send a secure message to Customer Service via our Contact form, and we will provide a full refund and/or replace the item in accordance with these Terms. On some occasions, we will require defective or damaged items to be returned.

OUR LIABILITY TO YOU
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 it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.

We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We do not in any way exclude or limit our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, any breach of the terms implied by section 12-15 of the Sale of Goods Act 1979, or defective products under the Consumer Protection Act 1987.

EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside our Control, as explained in this clause.

An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract, we will contact you as soon as reasonably possible to notify you, and our obligations under any Contract will be suspended for as long as the Event Outside Our Control lasts. 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.

You may cancel a Contract affected by an Event Outside Our Control, as set out above. 

OTHER IMPORTANT TERMS
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.

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.

Please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law.

We may agree to alternative online dispute resolution (“ODR”) if you and we cannot resolve a dispute between us informally. For more information on ODR see http://ec.europa.eu/consumers/odr/. In the event that a dispute is not resolved outside of the courts, you and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction.

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