General terms and condition

Company name: East West Company Spain, S.L.

Postal address: EAST WEST COMPANY SPAIN, S.L.

C/ Córcega, nº 329- 7º- 3ª

08037 Barcelona (BARCELONA)

E-mail address: teashop@eastwestcompany.com

Customer Service: atencioncliente@teashop.es

Website: teashop.com

Data Protection Officer: PONS CONSULTORES DE LA PROPIEDAD INDUSTRIAL, SA

DPO contact details: Glorieta de Rubén Darío, number 4, 28010, Madrid, Spain.

1. OWNERSHIP OF THE TEASHOP.COM WEBSITE

East West Company Spain SL (hereinafter, also and indistinctly, TEA SHOP), trading company with registered offices in Barcelona, established for an indefinite period under public deed and registered in the Companies Register of the province of Barcelona, in Volume 20978, Sheet no. B-14,899, Folio 213, Entry 1 and with VAT No. B-59341883, is the owner of the website, www.teashop.com (hereinafter, teashop.com), which it places at the disposal of TEA SHOP customers, in order to provide a consistent service in which the customer can purchase the products offered by this company via the Internet, through the so-contact teashop.COM, including their direct transport to the address indicated for the purpose.

2. GENERAL PURCHASE CONDITIONS AND THEIR ACCEPTANCE

These General Terms and Conditions expressly regulate the commercial relations arising between TEA SHOP and the users or customers that contract the products offered by this company through its teashop.COM. The conditions have been prepared in accordance with current legislation in this area and, specifically, in accordance with the provisions of the following legal texts:  Act 34/2002, on Information Society and Electronic Commerce Services. Act 7/1998 on General Purchase Conditions. Law 34/2002 on Information and E-Commerce Society Services. Law 7/1998 on General Terms and Conditions of Sale. Royal Legislative Decree 1/2007, of 16th November, approving the revised text of the General Law for the Protection of Consumers and Users, and other complementary laws. Law 59/2003 of 19th December on Electronic Signatures. These General Purchase Conditions must be supplemented by the General Conditions of use and browsing established for the website, www.teashop.com, as well as any other Particular or Specific Contracting Conditions that may be established in each case. Both the browsing and the purchase of any of the products of the teashop.COM implies the acceptance as user, with no reservations of any kind, of each and every one of the following General Purchase Conditions and also, where appropriate, the Particular or Specific Conditions. TEA SHOP may, at any time and without prior notice, amend these General Purchase Conditions or, where appropriate, the Particular Conditions, by publishing such amendments on the teashop.COM website itself in order for them to be seen and accepted by users.

3. INFORMATION PRIOR TO PURCHASE

TEA SHOP informs you that the process for purchasing the products offered on its teashop.COM can be accessed through the link included on the homepage of this website. The user declares his knowledge and acceptance both of the General Purchase Conditions set out below and of any other particular or specific conditions that may be established for the purchase of specific teashop.COM products, which shall be duly indicated on the screen during browsing. Having made the purchase, the user will see the OK for his order by means of a screenshot by way of confirmation of the purchase made. The order confirmation and proof of purchase (printed by the user) are not valid as an invoice.

4. OBLIGATIONS

The user undertakes to make appropriate use of services and content that TEA SHOP offers and use them to:

· Carry out illicit or criminal, against good faith, morality and public order, the uses and / or regulation that infringes on intellectual property, or any other rule of judicial right.

· To disseminate content or propaganda of racist, xenophobic, pornographic, terrorism, or that violate human rights.

· Introducing or spreading computer data programs (viruses and malware) that could cause damage to computer systems TEA SHOP, its suppliers or third users of the Internet.

· Transmit to unauthorized user names and passwords, and if their passwords become known to an unauthorized user, you agree to immediately notify TEA SHOP, which reserves the right to change to protect the service.

· Make available to other users, send by email or somehow transmit any content that, in accordance with the applicable provisions or contractual relationship is not authorized to transmit (such as inside information, information protected by industrial property rights or intellectual or information which has a duty of confidentiality).

· Transmit unsolicited or unauthorized advertising, promotional materials, "junk mail", "" chain letters, "pyramid schemes" or any other form of solicitation, except in those areas (such as commercial) that have been specifically designed to it.

It also expressly prohibits users reproduce, duplicate, copy, sell, resell or exploit for commercial purposes, any portion of the service, use or access.

5. PRODUCTS AND OF PRICES - FORMALIZATION OF THE SALE

5.1. PRODUCTS OFFERED - INDICATION OF PRICES

Teashop.com, at all times, will show the products on sale along with their characteristics and price. TEA SHOP reserves the right, at all times, to decide which products it offers to users or customers via teashop.com. Thus, TEA SHOP, at any time, may add new products to those already included, and these will be governed by the provisions of the General Conditions in force at the time.   TEA SHOP also reserves the right to cease providing access, at any time and without notice, to any of the products offered on teashop.com.

5.2. INDICATION OF PRODUCT PRICES

The price of each product will appear on the screen (excepting typographical error). In those cases in which the price of products is determined by weight, either the price per kilogram or the price of the packaged product will be indicated, although in the latter case the final price included in the proof of purchase will depend on the actual weight thereof. Los prices on screen will be indicated in Euros and include the corresponding VALUE ADDED TAX (VAT) and any other applicable tax. The prices indicated on screen will be current at all times.

5.3. MINIMUM PURCHASE

On teashop.COM there is no minimum purchase. However, the total amount of each purchase made by a customer may not exceed 1,000€ (ONE THOUSAND EUROS).

5.4. AVAILABILITY

The availability of each product will depend on customer demand. Therefore, the customer, where appropriate, when making the purchase, may choose between several substitutes for the originally chosen product which is no longer available.

6. USER REGISTRATION

The formalization of a business relationship with teashop.com through this website requires the prior registration of the customer or user. Therefore, the customer who so desires may register by filling in the fields located on the homepage of this website. From this point, the user will become a customer of the teashop.com and will be able to access any services offered on the site.

Teashop.com reserves the right to cancel the username and password and, therefore, access to this website by any users that have outstanding or unpaid balances with TEA SHOP.

7. PAYMENT OF PURCHASE

Payment of the price of the goods purchased and shipping costs, which appear on screen, can be made by credit card, debit card or in accordance with the payment methods indicated on the screen at any given time.  To make the payment, the User must follow all the instructions displayed on the screen, providing the following information: a) Card type; b) Card number; c) Expiry date or d) as well as any other information required on screen. As electronic payment system, TEA SHOP has installed a payment gateway for electronic commerce.

All data provided for these purposes are encrypted to ensure maximum security. TEA SHOP also states that under no circumstances does it store in any way the data provided by Users through the payment gateway, and that such data are only retained while the purchase is being made, the payment is received and until the withdrawal period is over.

7.1. HOW TO REQUEST AN INVOICE

For the customer to receive their invoice, the checkbox "I want an invoice" (available both in the user area and in the purchasing process form) must be selected and the field for the tax identification number must be completed in the box on the order form. In any other circumstances, the invoice cannot be issued.

8. RETURNS

The buyer has the right to withdraw from this contract within a period of 14 calendar days and without having to provide any form of justification.

The withdrawal period will expire 14 calendar days from the day that the buyer, or a third party appointed by the buyer (and always someone other than the carrier), acquires material possession of the goods.

To exercise the right of withdrawal, the buyer must advise TEA SHOP by sending an e-mail to the following e-mail address: atencioncliente@teashop.es, providing TEA SHOP with the following information:

(i) Name and address.

(ii) Order number.

(iii) Unequivocal desire to withdraw.

To comply with the withdrawal period, it is sufficient for the communication relating to the exercise of this right on behalf of the buyer to be sent before the corresponding period expires.

Consequences of withdrawal: In the event of withdrawal on behalf of the buyer, TEA SHOP will return all payments received with the order, including delivery charges (with the exception of additional costs chosen by the buyer for a delivery method other than the standard method offered by teashop.COM, and once the direct costs of return have been deducted, as later indicated) without any undue delay. In any case, this must be no later than 14 calendar days from the date on which TEA SHOP is informed of the buyer’s decision to withdraw from the contract.

In any case, the buyer must bear the direct cost of the return of goods. For returns in Spain, the cost is estimated at approximately € 3,90 euros, whilst for returns from outside Spain, this cost reaches approximately € 10,00 euros.

TEA SHOP will make the reimbursement using the same method of payment used by the buyer for the initial transaction.

TEA SHOP may withhold the reimbursement until it has received and checked the goods, or until the buyer has presented proof of their return, depending on which of these conditions is met first. On receiving the withdrawal notice from the buyer, TEA SHOP will proceed with collection of the order at the address specified by the buyer, without any undue delay. In any case, this must be no later than 14 calendar days from the date on which TEA SHOP is informed of the buyer’s decision to withdraw from the contract.

A decrease in the value of the goods, in the event of handling other than that necessary in relation to the nature, characteristics and functioning of the goods, is the sole responsibility of the buyer.

9. CUSTOMER SERVICE

Your opinion is important to TEA SHOP. If you have any suggestion, doubt or comment, please share it with us. A contact form is at your disposal for this purpose. Tea Shop will respond to you within a maximum of 48 business hours. Click here.

10. ORDER DELIVERY

10.1. PREPARATION AND TRANSPORT FEE

Expenses for handling, packaging, storage, transport and delivery of the order amount to 3.90€ ( THREE WITH NINETY EUROS) per order if they are in Iberian Peninsula and Balearic Islands. Nonetheless, in orders for over 20.00€ (TWENTY EUROS), the aforementioned fee is not applied.

Expenses for handling, packaging, storage, transport and delivery of the order amount to 10.00€ (TEN EUROS) per order if they are out of Iberian Peninsula and Balearic Islands in the rest of delivery zones. Nonetheless, in orders for over 45.00€ (FORTY- FIVE EUROS), the aforementioned fee is not applied.

10.2. TRACKING THE ORDER

Customers will be able to know the status of their order at any time. A contact form is at your disposal for this purpose. Tea Shop will respond to you within a maximum of 2-3 business days. Click here.

10.3. SCHEDULE FOR THE DELIVERY OF ORDERS

The order may be delivered at the address indicated by the customer for the purpose from Monday to Friday (except bank holidays). Municipal regulations on wheeled transport in the Historic District of some towns limit the circulation of vehicles at specific times.

10.4. DELIVERY OF THE ORDER

TEA SHOP undertakes to deliver the goods purchased by the customer at the address of the Buyer indicated for the purpose on the order form (products will not be delivered in P.O. boxes or public places), by the deadline indicated for each product and, in all cases, within thirty (30) calendar days of the date on which the order is made. Usually the order will be delivered in 24-72 working hours, but at peak times (e.g. Black Friday) shipments may be delayed until the deadline indicated above.

Express shipping costs will also be borne by the buyer. In the event that the buyer is unable to be present at the time of delivery, the order will be left with any other person who is at the address provided and who is older than 18 (EIGHTEEN) years of age.

TEA SHOP understands that the customer or buyer who has made the order authorises the person who is in the home at that time to collect the order on their behalf. Consequently, it is the sole responsibility of the customer to authorise a third party to receive and accept the purchase at the delivery address.

The delivery of the order will take place at the address indicated by the customer, and the recipient must sign the corresponding delivery note. If the product arrives in bad condition due to transport, the customer must indicate this on the delivery note of the carrier and contact our Customer Service within 24 hours of receipt to make the claim. After this period, TEA SHOP shall take no responsibility for any claim made for this reason. The deliveryman will submit a delivery note / receipt / invoice, which must be signed by the Buyer.

10.5. DELIVERY AREAS

This home delivery service currently extends to: Mainland Spain and Balearic Islands, and European Union countries. Any community territories where Value Added Tax is not directly applied are excluded, for example Canary Island, Mónaco, Switzerland and Faroe Island.

11. INTELLECTUAL PROPERTY RIGHTS, INDUSTRIAL RIGHTS AND OTHER DUTIES

TEA SHOP is the exclusive owner of all intellectual property rights, industrial and similar that may be on the Website. Also, are reserved for TEA SHOP all rights in any Content, Services or elements it owns that are incorporated in the Website, including but not limited merely means those elements of the visual and graphic image Web pages that make up the Web site, the navigation architecture; the source code of Web pages, photographs, recordings, computer programs, databases, technology, logos and trademarks.

Users are not permitted to copy, distribute (including electronic mail and Internet), transmit, communicate, modify, alter, transform, transfer or in any other manner display activities entailing the commercial use of the Website, its pages, Content or elements in it, either partially or totally, without the express consent, written authorization of the legitimate owner of the royalties.

Access, view and, if necessary, download the Content and / or Services will always and in any case strictly for personal, noncommercial use.

11.1. CESIÓN A TERCEROS

El usuario no podrá ceder, transferir, gravar o subrogar en favor de terceras partes los derechos y obligaciones establecidos en estas Condiciones Generales y, en su caso, en las Condiciones Particulares.

TEA SHOP podrá ceder, transferir, gravar o subrogar a favor de terceras partes, total o parcialmente, los derechos y obligaciones asumidas en virtud de la relación contractual aquí expuesta, así como la posición contractual a cualquier tercer parte, entendiéndose por medio de la presente cláusula que el usuario otorga autorización suficiente a tal efecto.

12. APPLICABLE LAW AND COMPETENT COURT

14. LOYALTY CLUB

Tea Shop offers its customers the benefits of the loyalty program Tea Club that customers can redeem for rewards and benefits*.

(*Narvaez, Arturo Soria and Rivas Futura shops are not part of the Digital Customer Loyalty Programme).

14.1 HOW DOES IT WORKS?

15. LEGAL GUARANTEE

For purchases made on or after January 1, 2022 TEA SHOP shall be liable for any lack of conformity that exists at the time of delivery and becomes apparent within three years of delivery. In the absence of proof to the contrary, it shall be presumed that non-conformities which become apparent within two years of delivery of the goods already existed when the goods were delivered, except where for the goods this presumption is incompatible with their nature or the nature of the non-conformity. 

For purchases made before January 1, 2022 TEA SHOP is liable for any lack of conformity that becomes apparent within two years of delivery. In the absence of proof to the contrary, it shall be presumed that the non-conformities that become apparent within six months after delivery of the product already existed when the good was delivered, except where this presumption is incompatible with the nature of the product or the nature of the lack of conformity. 

In either of the 2 cases, and in the event that the good was not in conformity with the contract, the consumer shall be entitled to replacement or repair of the good, unless one of these two options is not possible or that, compared to the other corrective measure, involves disproportionate costs for TEA SHOP, taking into account all the circumstances. The corrective measures for bringing into conformity shall be free of charge to the consumer, shall be carried out within a reasonable time and shall be carried out without major inconvenience to the consumer. 

All this in accordance with Royal Legislative Decree 1/2007 of 16 November, approving the revised text of the General Law for the Protection of Consumers and Users and other complementary laws. 

OUT-OF-COURT DISPUTE RESOLUTION

The European Commission provides an online dispute resolution platform, which is available at the following link: https://ec.europa.eu/consumers/odr/

17. CLAIMS

The official complaint forms are available to consumers and users and can be accessed through the following link: http://aplicacio.consum.gencat.cat/doc/doc_59629304_1.pdf