Terms and conditions
Terms and Conditions
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) listed on our website tropicomtea.co.uk (Our Site) to you. Please read these terms and conditions carefully before 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.
1. INFORMATION ABOUT US
www.tropicomtea.co.uk is a site owned and operated by Mociport Trading Limited. We are registered in England under company registration number 09281094 and our registered office is at 28, The Hawthorns, Manchester M34 5LU.
2. YOUR STATUS
By placing an order through Our Site, you warrant that:
You are legally capable of entering into binding contracts; and
You are at least 18 years old.
3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
You will email or Telephone us to discuss your order, after which, you will receive an e-mail from us acknowledging that we have received your order. If via email, please note that this does not mean that your order has been accepted. 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 confirming the order and that the Product has been dispatched (the Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.
The Contract will relate only to those Products on your order which we have confirmed in our email and whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
4. TRADING INFORMATION
www.tropicomtea.co.uk is a wholesale only website.
Whilst there is no minimum order, our products are sold in bulk or by volumes as offered in the website. Minimum shipping charges will apply as advertised in the website.
Tea is a food item and as such, we cannot accept the product to be returned once shipped.
We will accept any accessories or non food items subject to a re-stocking fee of 25% of the net value per item.
Cancellation of an Order / contract: We must be informed immediately in writing or e-mail. All returns, must be returned in the same condition in which you received them, and at your own cost and risk. If the product is found to be opened and or tampered with you will lose all rights for refund. 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.
5. AVAILABILITY AND DELIVERY
All orders will be fulfilled by the delivery date indicated in our dispatch confirmation, unless there are exceptional circumstances.
We endeavour to dispatch all orders within 24 hours, stock permitting, on the condition that payment is cleared or account status agreed.
All UK orders received before 2pm are dispatched the same day via a tracked courier service. If an item is temporarily out of stock, we will notify you of the delay and dispatch your order as soon as the item is available.
URGENT ORDERS: We will do our best to accommodate urgent deliveries but please do contact us via telephone hotline 00447817443022.
6. RISK AND TITLE
The Products will be at your risk from the time of receipt of the Products at the delivery address.
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.
7. PRICE AND PAYMENT
The price of any Products will be as quoted on Our Site from time to time, except in cases of obvious error.
These prices exclude VAT and delivery costs, which will be added to the total amount due.
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.
Payment for all Products through this website must be by credit or debit card or PayPal. We accept payment with most major credit, debit cards. Account customers will be able to purchase through the website using the agreed store credit limit assigned to their account. This credit limit may be altered or withdrawn by us at any time and without consultation or agreement with you.
Terms are net 30 days from date of invoice. In the event of non-payment within our contract term, we reserve the right to charge interest at the rate of 2% per month from the due date to the date of payment and in the event of the issue of legal proceedings for the recovery of any outstanding amount a collection charge of £50/£100 (£50 for a debt up to £600 and £100 over £600) is payable by you and will be added to the debt outstanding on any proceedings. If payment is overdue in whole or in part we may, without prejudice to our other rights, decline to make further deliveries and/or cancel your orders until payment is received.
8. OUR REFUNDS POLICY
If your package is received damaged or faulty, please contact us immediately on 01613363096 or on the hotline 07817443022 within 3 days of receipt the latest so that we can arrange for your item to be returned and replaced. Returns must be unused and returned along with the original packaging (this does not apply to damaged or faulty items). We will process returned Products as quickly as possible and send you a refund or replacement. We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
Please ensure you obtain proof of delivery when returning goods, as we cannot provide a refund or exchange for goods not received, back. Unfortunately we do not offer a free returns service.
Please return goods to:
Mociport Trading Ltd
28, The Hawthorns,
9. OUR LIABILITY
Our liability for losses you suffer as a result of us breaking this Contract is strictly limited to the purchase price of the Product you purchased.
This does not include or limit in any way our liability:
For fraud or fraudulent misrepresentation; or for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us, including but not limited to:
loss of income or revenue
loss of business
loss of profits or contracts
loss of anticipated savings
loss of data, or
waste of management or office time however arising and whether caused by delict (including negligence), breach of contract or otherwise, even if foreseeable;
10. IMPORT DUTY
We recommend that you please check before placing an order for products from Our Site for delivery outside the UK, as 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 as such suggest you contact your local customs office for further information before placing your order. 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.
11. WRITTEN COMMUNICATIONS
Applicable laws may require that some information or communications we send 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 you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to Mociport Trading Ltd, 28, The Hawthorns, Audenshaw, Manchester M34 5LU. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in Clause 11 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. 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.
13. TRANSFER OF RIGHTS AND OBLIGATIONS
The Contract between you and us is binding on you and us and on our respective successors and assigns.
You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
14. 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 events outside our reasonable control (Force Majeure Event).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
Strikes, lock-outs or other industrial action. 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. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport. Impossibility of the use of public or private telecommunications networks.
The acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated.
If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
17. ENTIRE AGREEMENT
These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
18. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
We reserve the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
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).
19. LAW AND JURISDICTION
Contracts for the purchase of Products through Our Site will be governed by English Law in England. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England.