TERMS AND CONDITIONS
This page (together with the documents referred to on it)
outlines the terms and conditions on which we grant you access to
and use of our website www.twinings.com, the terms and conditions
under which we supply any of the products (Products) listed on and
www.twinings.co.uk/shop, and the terms and conditions under which
we may offer any special promotions from time to time. Please read
these terms and conditions carefully before continuing to use Our
Site or 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.
The terms and conditions do not affect your statutory rights as
a consumer.
WEBSITE - TERMS & CONDITIONS OF USE
Access to and use of this site (www.twinings.co.uk(Site)) is
provided by R. Twining & Company Limited ("Twinings"), "we"
"us" or "our" (registered in England and Wales under company number
525071 with our registered office at Weston Centre, 10 Grosvenor
Street, London W1K 4QY) subject to the following terms:
1. By using this Site you agree to be legally
bound by these terms, which shall take effect immediately on your
first use this Site. If you do not agree to be legally bound by all
the following terms please do not access and/or use this Site.
2. We may change these terms at any time
by posting changes online. Please review these terms regularly to
ensure you are aware of any changes made by us. Your continued use
of this Site after changes are posted means you agree to be legally
bound by these terms as updated and/or amended.
Use of
www.twinings.co.uk
3. You may not copy, reproduce, republish,
download, post, broadcast, transmit, make available to the public,
or otherwise use this Site content in any way [except for your own
personal, non-commercial use]. You also agree not to adapt, alter
or create a derivative work from any of this Site's content [except
for your own personal, non-commercial use]. Any other use of this
Site's content requires the prior written permission of
Twinings.
4. You agree to use this Site only for lawful
purposes in accordance with these terms and conditions [and this
Site's acceptable use policy], and in a way that does not infringe
the rights of, restrict or inhibit anyone else's use and enjoyment
of this Site. Prohibited behaviour includes harassing or causing
distress or inconvenience to any person, transmitting obscene or
offensive content or disrupting the normal flow of dialogue within
this Site.
Disclaimers and Limitation of
Liability
5. This Site's content, including the
information, names, images, pictures, logos and icons regarding or
relating to Twinings and/or its products and services (or to third
party products and services), is provided "AS IS" and on an "IS
AVAILABLE" basis without any representations or any kind of
warranty made (whether express or implied by law) to the extent
permitted by law, including the implied warranties of satisfactory
quality, fitness for a particular purpose, non-infringement,
compatibility, security and accuracy.
6. Under no circumstances will Twinings be
liable for any of the following losses or damage (whether such
losses where foreseen, foreseeable, known or otherwise): (a) loss
of data; (b) loss of revenue or anticipated profits; (c) loss of
business; (d) loss of opportunity; (e) loss of goodwill or injury
to reputation; (f) losses suffered by third parties; or (g) any
indirect, consequential, special or exemplary damages arising from
the use of this Site regardless of the form of action.
7. Twinings does not warrant that functions
contained in this Site's content will be uninterrupted or error
free, that defects will be corrected, or that this Site or the
server that makes it available is free of viruses or bugs.
Intellectual
Property
8. The names, images and logos identifying
Twinings or third parties and their products and services are
subject to copyright, design rights and trade marks of Twinings
and/or third parties. Nothing contained in these terms shall be
construed as conferring by implication, estoppel or otherwise any
licence or right to use any trademark, patent, design right or
copyright of Twinings or any other third party.
Contributions to
www.twinings.co.uk
9. [Where you are invited to submit any
contribution to this Site (including any text, photographs,
graphics, video or audio) you agree, by submitting your
contribution, to grant Twinings a perpetual, royalty-free,
non-exclusive, sub-licenseable right and license to use, reproduce,
modify, adapt, publish, translate, create derivative works from,
distribute, perform, play, make available to the public, and
exercise all copyright and publicity rights with respect to your
contribution worldwide and/or to incorporate your contribution in
other works in any media now known or later developed for the full
term of any rights that may exist in your contribution, and in
accordance with this website's acceptable use policy and the
privacy restrictions set out in this website's privacy policy. If
you do not want to grant to Twinings the rights set out above,
please do not submit your contribution to this Site.
10. Further to paragraph 9, by submitting your
contribution to this Site you:
a. warrant that:
i. your contribution is your own original work
and that you have the right to make it available to Twinings for
all the purposes specified above;
ii. is not defamatory; and
iii. does not infringe any law; and
b. indemnify Twinings against all legal fees,
damages and other expenses that may be incurred by Twinings as a
result of your breach of the above warranty; and
c. waive any moral rights in your contribution
for the purposes of its submission to and publication on this Site
and the purposes specified above.]
General
11. If there is any conflict between these
terms and specific terms appearing elsewhere on this Site then the
latter shall prevail.
12. If any of these terms are determined to be
illegal, invalid or otherwise unenforceable by reason of the laws
of any state or country in which these terms are intended to be
effective, then to the extent and within the jurisdiction in which
that term is illegal, invalid or unenforceable, it shall be severed
and deleted from these terms and the remaining terms shall survive,
remain in full force and effect and continue to be binding and
enforceable.
13. These terms shall be governed by and
interpreted in accordance with the laws of England and Wales.
TWINING'S SHOP
SUPPLY OF PRODUCTS - TERMS & CONDITIONS
How the contract is formed
between you and us
1. 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 order has been accepted (Order Confirmation). The
contract between us ("Contract") will only be formed when we send
you the Order Confirmation.
2. The Contract will relate only to those
Products whose dispatch we have confirmed in the Order
Confirmation. We will not be obliged to supply any other Products
which may have been part of your order until the order of such
Products has been confirmed in a separate Order Confirmation.
Cancellation
3. If you are contracting as a consumer, you
may cancel a Contract at any time within seven working days,
beginning on the day after our delivery agents have recorded
successful delivery of your order, provided you: (a) inform us by
either (i) emailing your cancellation to us at
twiningsdirect@twinings.com or (ii) writing to us at Twinings, 216
Strand, London, WC2R 1AP or (iii) calling us on 0844 324 5000
between the hours of [9am to 5pm Monday to Friday (except for
Public Bank Holidays)]; and (b) return the Product(s) to us
immediately in the same condition in which you received them. In
this case, you will receive a full refund of the price paid
(including the postage price) for the Products in accordance with
our refunds policy (set out in clauses 9 - 10). For the avoidance
of doubt, we will not refund Product(s) which have been opened or
tampered with or which have been consumed in whole or in part.
4. When returning a Product(s) to us in
accordance with paragraph 3, you do so 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. Further details of your right to cancel, and an
explanation of how to exercise it, are provided in the Dispatch
Confirmation. These provision do not affect any statutory rights
that you may have.
Availability
5. The Products shown on this website are a
fair representation of the actual terms, although minor details may
vary.
6. All Products offered are subject to
availability. We will endeavour to identify any "out of stock"
products on our website - occasionally, large or frequent orders
might mean we run of stock during the trading day.
UK Deliveries
7. We use DHL for nearly all UK
deliveries. For Standard delivery [including free postage
deliveries], our process is to prepare your order and
despatch on the same or next working day [Monday to Friday], which
means that you will receive your order within 2 to 5 working
days. For Express deliveries [UK only], for orders received
before 4pm, we will process and despatch your order on the same day
and if your order is received after 4pm, it will be despatched on
the next working day [Monday to Friday]. This means you will
receive your order within 2 working days. We will use all
reasonable endeavours to ensure these times are met, but
cannot be held responsible for despatched parcels delayed by third
parties, for example due to poor weather conditions. If you
do not receive your order within 5 days, please contact us by email or
phone.
International
Deliveries
8. We use DHL for nearly all International
deliveries. This is an air freight service and transit time
will take up to 14 days depending on destination. A
signature will be required on receipt. We pass onto our
customers only the exact courier cost to us, which is calculated
based upon product weight only [we ignore the weight of the outer
packaging] and the destination country. All DHL international
customers will receive a tracking email to how the progress of
their parcel. When ordering goods from our site for delivery
overseas you may be subject to additional import duties and taxes
which are levied once the package reaches the specific
destination. Any additional charges for customs clearance
must be borne by you and we have no control over these charges and
cannot predict what they may be. Within our fees there is a
Fuel Surcharge. This surcharge is changed by DHL monthly and
can be seen on DHL's website at
http://www.dhl.co.uk/en/express/shipping_advice/express_fuel_surcharge.html.
We update for the new Fuel Surcharge each month, therefore all
international postage charges will change slightly month to
month. If you do not receive your order within 14 days,
please contact us
by email or phone. We will replace lost or damaged orders
free of charge. Our third party carriers may not be able to
deliver to certain countries at particular times for reasons of
politics, government, natural disaster or operational crisis.
In such circumstances, your shipment will be returned to our mail
centre and held until such time that they are able to deliver to
you.
Risk and Title
9. The Products will be at your risk from the
time of signed delivery.
10. 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.
Price and Payment
11. The price of any Products will be as
quoted on our site from time to time, except in cases of obvious
error.
12. These prices include VAT if applicable but
exclude delivery costs, which will be added to the total amount due
as set out in clause 5.
13. 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. 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.
14. 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 mis-pricing.
15. Payment for all Products must be by the
following credit or debit cards, Visa, Visa Delta, Visa Electron,
MasterCard, Switch, Solo and American Express. Payment will
be taken at the time of ordering.
16. You undertake that the details you provide
to us for the propose of ordering or purchasing goods are
correct, that the credit or debit card you are using is your own
and that there is sufficient funds to cover the cost of the goods
or services ordered.
Refund Policy
17. When you return a Product to us:
a. because you have cancelled the Contract
between us within the seven-day cooling-off period (see clause 3),
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. You will be responsible for the cost of returning
the item to us and risk remains with you until we receive the
Product(s);
b. for any other reason (for instance, because
have notified us in accordance with clause 22 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 of the Product price
paid. 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.
18. We will usually refund any money received
from you using the same method originally used by you to pay for
your purchase.
Import Duty
19. 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.
20. 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.
Written
Communication
21. 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.
Complaints
22. If you have any complaint about our
service or product, we would very much like to hear from you.
Please e-mail us at twiningsdirect@twinings.com, write to us at
Twinings 216 Strand, London WC2R 1AP or call us on 0844 324500 [9am
to 5pm Monday to Friday (except for Public Bank Holidays)]
Online Security
23. We use Sage pay for our secure
payments. The following is extracted from Sage Pay's
website:
Is the Sage Pay system
secure?
Sage Pay collect card
details via a 128-bit SSL secured payment page. We request card
number, expiry dates, cardholder name and address and security code
value. This information is then further encrypted to be held
against the transaction details on our system before being sent to
the UK acquiring banks for authorisation (over secure, offline
channels). We don't store the security code (in line with Visa
requirements) but we do store the card number (only in an encrypted
format that none of our staff have access to).Sage Pay secure your
card details within our database using AES-256, the keys for which
are held on tamper-proof hardware security modules which as stated
are unavailable to Sage Pay staff.When your details are supplied to
us over SSLv3, the algorithm used is RC4, as it is for almost every
major e-commerce site.SSL generates the encryption keys it uses for
RC4 by hashing (using both MD5 and SHA1), so that different
sessions have unrelated keys. Also, SSL does not re-key RC4 for
each packet, but uses the RC4 algorithm state from the end of one
packet to begin encryption with the next packet.The SSLv3
certificates we obtain from Verisign to secure our site can support
AES-256 as the encryption algorithm, but the vast majority of
customers use IE6 or below and older versions of Firefox and
Netscape. Most also run on Microsoft Windows, which until Vista is
released, cannot use AES in SSL encryption. At present, the vast
majority of sessions will be encrypted at 128-bit, but with a
strong algorithm like correctly implemented RC4, 128-bits is more
than enough to ensure the security of your card details.
We can also assure you that your details would not have been
gleaned from our system (which has been approved, and is regularly
audited by Visa and Mastercard as one of the most secure sites in
the UK). Our systems are independently audited by the UK
acquiring banks and we are compliant with the card schemes
themselves (both Visa and Mastercard) under their Payment Card
Industry Data Security Standard which ensures we meet very strict
security guidelines (see this link
http://www.visaeurope.com/aboutvisa/security/ais/main.jsp for more
information).
24. If you have any specific questions -
contact us directly by e-mail at twiningsdirect@twinings.com, write
to us at Twinings, 216 Strand, London WC2R 1AP or call us on 0844
324 5000 [9am to 5pm Monday to Friday (excluding public bank
holidays)]
Our right to vary these terms
and conditions
25. We have the right to revise and amend
these terms and conditions from time to time.
26. 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).
Law and jurisdiction
27. 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
exclusive jurisdiction of the courts of England and Wales.
General
28. If there is any conflict between these
terms and specific terms appearing elsewhere on our Site then the
latter shall prevail.
29. If any of these terms are determined to be
illegal, invalid or otherwise unenforceable by reason of the laws
of any state or country in which these terms are intended to be
effective, then to the extent and within the jurisdiction in which
that term is illegal, invalid or unenforceable, it shall be severed
and deleted from these terms and the remaining terms shall survive,
remain in full force and effect and continue to be binding and
enforceable.
30. Although we will seek to maintain
availability of our Seasonal Edition, Green Teas and Infusions,
because of the seasonal nature of our raw materials and our desire
for freshness and quality, this cannot always be guaranteed.
31. Infusions and teas are grown under organic
standards, and are made from the finest ingredients.
32. If we are out of stock of any of the
above, we reserve the right to send an alternative of equal or
greater value.
SPECIAL PROMOTIONS TERMS & CONDITIONS
1. Free standard postage & packing
(normally £3.95) applies to orders of £35 [inclusive of VAT] or
over after any promotional discounts have been taken off.
Free standard postage applies only to UK orders.
2. Promotional offer midday 23rd September
2010 to earliest of 14th October 2010, or until promotional stock
of 500 Bodum Mugs & Infusors run out. If you spend more
than £20, inclusive of VAT and after any applicable discounts have
been taken off, but excluding delivery charges, we will send you a
free Bodum YoYo Mug and Infuser and 2 blends of our choice from our
Loose Tea Bar, of weight not exceeding 50g of each. This
offer applies to all deliveries, both UK domestic and
International.
3. Promotional offer 20th September 2010 to 15
October 2010. If you sign in to make your purchase, we will
send you one of our choice of our 25 teabag Selection Packs, from
our range of "Speciality Selection", "Fruit & Herbal
Selection", "Mixed Berry Selection", "Moments of Calm Selection",
"Mint Selection" and "Green Tea Selection".
Twinings Tea Tasters Terms and
Conditions:
1. Subscribers to the Tea Tasters' Club will
receive a letter welcoming them to the club and providing them with
their unique membership number.
2. Each month, current subscribers to the Tea
Tasters' Club will receive one free bag of tea [that will make
approximately 24 cups of tea at our recommended strength] of our
choice, from our "Strand Loose Tea Bar" selection, together with
tasting notes. Because of the nature of the different teas,
the bags will vary in weight.
3. P&P for this monthly delivery is
included within the subscription cost.
4. Members are also entitled to 10% off all
FUTURE orders from twinings.co.uk/shop, during the subscription
period. Your membership discount will be automatically
applied at the online checkout. If it is not for any reason,
please accept our apologies and contact us on 0844 324 5000 or
email twiningsdirect@twinings.com.
5. Membership is non-transferable.
6. Eligibility for free postage is calculated
after deduction of the Tea Tasters discount.
7. Membership cannot be cancelled during the
subscription period but we will always write to you before your
renewal and offer you the choice of renewing for another
period.
8. To change address details during a
subscription period please call 0844 324 5000 or email
twiningsdirect@twinings.com.
9. Members of the Tea Tasters' Club may
receive promotional literature, mailings and offers from Twinings
Direct. If you DO NOT wish to receive such communications
please write to us at Twinings Direct, 216 Strand, London WC2R 1AP
or email twiningsdirect@twinings.com.
10. European and Rest of the World monthly tea
tasters packages will be sent in advance in two waves. One at
the beginning of subscription, and one half way through. This
is to keep the costs to a minimum.
11. From time to time we may need to adjust
the price of new subscriptions to allow for changes in shipping
rates, and the material costs of tea.
12. UK shipping is by 2nd class post. We
cannot accept any liability for delays caused by third parties.
Twinings Free Sample Offer:
1. These terms and conditions apply to the
"Discover Two New Teas for Free" and "Happy New You"
(the "Offer") being run by R. Twinings and Company Limited (the
"Promoter").
2. Offer open to all residents in the UK aged
18 years and over except employees of the Promoter, their immediate
families and anyone else connected with the creation and
administration of the promotion.
3. No purchase necessary.
4. Offer available from 14th August 2010 until
stocks last. 250,000 packs available.
5. Only one sample per household
permitted. In order to obtain your free sample pack, you must
complete the online
registration form on this website with all the information
required. Entries will only be accepted on the completion of
the official registration form on this website.
6. Responsibility cannot be taken for free
sample requests that are lost, damaged or delayed whether due to
technical problems or otherwise. Proof of registration is not
proof of receipt of your registration.
7. Please allow 31 days for delivery.
There are no substitute products or cash alternatives. The
Promoter's decision is final and correspondence will not be entered
into.
8. By requesting a free sample, entrants agree
to receive teamails (offers, discounts and competitions via email)
and will be deemed to be bound by, and have accepted, these terms
and conditions and the Twinings Privacy Policy.
9. English law applies and the English courts
shall have exclusive jurisdiction over any proceedings in
connection with this offer.
10. PROMOTER: R. Twining and Company Limited,
Weston Centre, 10 Grosvenor Street, London W1K 4QY.
11. Ingredients: Blossom Earl Grey: black tea,
natural bergamot flavouring with other natural flavourings (7.5%)
and natural orange blossom flavourings (2%). Earl Grey: black
tea and bergamot flavouring. Assam: black tea. English
Breakfast: black tea. Lemon and Ginger: ginger root (36.5%),
natural lemon flavourings (27%), lemongrass, blackberry leaves,
lemon peel, linden and natural ginger flavourings (3.5%).
Peppermint: peppermint leaves. Cranberry, Raspberry and
Elderflower: hibiscus, apple pieces, rosehips, elderflowers (8%),
natural cranberry flavouring (5%), liquorice root, natural
raspberry flavouring (3%). Light and Delicate Green Tea:
green tea. Green Tea with Orange and Lotus Flower: green tea,
natural orange flavouring (15%), natural tangerine flavouring (3%),
lotus flowers (1%).
WIN A Luxury break for two to cornwall
-
By entering this competition entrants agree to be bound by these
rules.
-
Please note the following terms and conditions relate to the
prize draw to "Win a luxury break for two to Cornwall"
-
Entrants must be 18 years old or over.
-
The prize draw is open to residents of the UK except
employees of Twinings, their families, agents or anyone else
professionally associated with the draw and competition.
-
Entries are to be submitted by completing the registration form
here [insert link].
-
Only fully completed registrations will be eligible.
-
Only one entry per household.
-
The closing for receipt of entries is midnight on 26th May 2013.
-
The winner will be selected in a random draw by Twinings. If the
winner is not contactable within seven days, Twinings reserve the
right to reallocate the prize awarded to the next randomly drawn
valid entry or to forfeit the prize.
-
The winner's details can be obtained by contacting the email
address twinings.direct@twinings.com
-
The judge's decision will be final and no correspondence will be
entered into.
-
The prize is non-transferable and cannot be exchanged for cash
or an alternative holiday or combined with any other offer,
promotions or discount.
-
Travel insurance is the winners' responsibility.
-
The holiday prize "Cornwall" for 2 people comprises:
-
Return flights from Dublin or return train travel from mainland
UK train station to Cornwall; Return private station transfers in
Cornwall; 2 nights' 5* spa hotel accommodation, based on two adults
sharing a standard twin or double room; Daily breakfast; Dinner for
2 at top local restaurant; x 1 spa treatment each at hotel; Boat
trip in Hayle Bay; Afternoon tea in Padstow
-
Flights from ROI available from Dublin only; UK Train travel
available from mainland UK rail stations only;
-
Prizes are non-transferable and non-refundable; No cash
alternative is available; Prize is subject to availability;
Concepts detailed are the property of Element London Ltd;
-
Prize cannot be taken from 21st December 2013 - 2nd January 2014 (Christmas and New
Year), UK bank holidays, or over Easter Sunday; Prize is valid for
12 months from the date of notification of winning, and travel must
be booked and completed within that time frame;
-
All elements of the prize must be taken at the same time; Once
booked, the prize cannot be altered or amended; Winner and guest
must be aged 18 or over;
-
The prize excludes meals and drinks (other than those specified
above), excursions, attractions, treatments, car hire, personal
expenses andanything not expressly included in the prize; Dinner to
the value of £50pp; Spa treatments to the value of £75pp.
-
The winner must agree to have his/her name published as the
winner of the competition and to be photographed for promotional
purposes, if requested.
-
All entrants information will be passed to Twentieth Century Fox
at the end of the campaign.
-
In the event of unforeseen circumstances Twinings reserves the
right to offer alternative prizes of equal or greater value.
-
No responsibility will be accepted by Twinings for loss of
entries through technical fault, transmission delays or incomplete,
illegible or other damaged entries. Proof of entry is not
automatically proof of receipt.
-
Promoter: Twinings, Twentieth Century Fox,Element
London
-
By entering this competition I understand and agree that Fox may
use any personal data I submit to send me information on selected
promotions and events which [ this information to] directly promote
other Twentieth Century Fox Films that may be deemed appropriate.
For example, we may send you email newsletters, product
announcements and website updates, information on local celebrity
events or premieres, or invite you to screenings, or to enter into
competitions or participate in research surveys, or if you have
entered a competition, to inform you about the prize(s) that you
have won. We will only use your data in a manner that is consistent
with our Privacy Policy. For details please click on the following:
Privacy
policy | Terms of Use