terms and condition

Welcome to the teapigs® website (“Website”) which is administered by Tata Consumer Products Australia Pty Ltd (ABN 47 003 450 922) (“Tata Consumer”).  Tata Consumer is in the business of sourcing great tea including the teapigs® and Tetley® brands, but, as in any business, we have to get the legal bits right. Tata Consumer provides services to you subject to the following Terms of Use, which may be amended by us from time to time with no notice to you. When using any Tata Consumer services, you are also subject to any rules or guidelines which may be posted or emailed from time to time. All such rules or guidelines are hereby incorporated by reference into the Terms of Use (also referred to herein as “Terms”).

Your continued use of the Website constitutes an affirmative, acknowledgment and agreement by you that you accept and agree to abide and be bound by these Terms of Use and any amendments.

These Terms of Use will be governed by and construed in accordance with the laws of Victoria, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria. If any provision of this agreement is found to be invalid or unenforceable by a court of law, that clause will be severed from these Terms of Use and such invalidity or unenforceability will not affect the remainder of the Terms of Use which will continue in full force and effect.

For the purpose of these Terms of Use, “Content” means material such as text, software, images, audio, and video, including links to that material. So here are our terms and conditions which will apply if you are using this site and/or placing an order with us. Spend a few moments with your favourite cuppa to read these terms and conditions as well as our privacy policy before placing your order. These terms apply to goods ordered via the internet or by phone. We reserve the right to vary these terms and conditions at any time, but in respect of any ordered goods, the terms and conditions which apply shall be those which you accepted when placing your order

Use of Site/Updates to Site 

This Site is offered and available to users who are 18 years of age or older and reside in Australia.  By using this Site, you represent and warrant that you are of 18 years of age and have capacity to form a binding contract and meet all the foregoing eligibility requirements.  We make no claims that the Site or any of its content is accessible or appropriate outside of Australia.  Access to the Site may not be legal by certain persons or in certain countries.  If you access the Site from outside of Australia, you do so on your own initiative and at your own risk and are responsible for compliance with local laws.  If you do not meet all these requirements, you must not access or use the Site.  

Tata Consumer reserves the right to change, update, revise or modify these Terms and Conditions from time to time at its sole discretion.  All revisions are effective immediately when posted on this Site.  Your continued use of this Site after revisions become effective will constitute your agreement to be bound by the revised Terms and Conditions and you should therefore periodically visit this page to review the current rules and regulations.  If you are registered on this Site and there are material revisions to these Terms and Conditions that could in our reasonable opinion adversely affect you, we will notify you of the revisions (which, for these purposes, may include notification when you log on to use the Site or an email sent to your email address provided to us).  If you do not agree to such changes, you may terminate your registration and cease using the Site.

However, any changes to the dispute resolution provisions set out in the Governing Law section of these Terms and Conditions will not apply to any disputes for which the parties have actual notice before the date the change is posted on the Site.  Tata Consumer reserves the right to suspend or terminate your access to this Site without notice for material violations of the Terms and Conditions. Tata Consumer also reserves the right to seek any and all remedies available by law for violations of these Terms and Conditions.  These Terms and Conditions apply each time you use this Site.

 

Registration Policy

To access the Site or some of the resources it offers you may be asked to provide certain registration details or other information.  It is a condition of your use of the Site that all the information you provide is correct, current, and complete.  You agree that all information you provide to register with this Site is governed by our Privacy Policy. When you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity.  You also acknowledge that your account on our Site is personal to you and agree not to provide any other person with access to this Site or portions of it using your username, password, or other security information.  You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security.  You also agree to ensure that you exit from your account at the end of each session.  You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.  We have the right to disable any username, password or other identifier, whether chosen by you or provided by us or delete your account and any associated data, at any time in our sole discretion for any or no reason without notice for material violations of the Terms and Conditions, including if, in our opinion, you have violated any provisions of these Terms and Conditions. 

 

Information on this site: 

The Site and the content on the Site are subject to copyright, trademarks, and other intellectual property rights. These rights are owned by or licensed to Tata Consumer. You must not reproduce, transmit, communicate, adapt, distribute, sell, modify, or publish or otherwise use any of the material on the Site, including audio and video excerpts, except as permitted by statute or with our prior written consent. All material on the Website is provided in good faith. It is derived from sources believed to be accurate and current as at the date of publication. Your use of the Website is at your sole risk. Access to the Website is provided on an 'as available' basis. Neither Tata Consumer, its related bodies corporate nor its or their directors or employees make any representation or warranty that (i) any material on the Website will be reliable, accurate or complete (nor do they accept any responsibility arising in any way for errors in, or omissions from that material); or (ii) your access to the Website will be uninterrupted, timely or secure. Tata Consumer will not be liable for loss resulting from any action or decision by you in reliance on the information on the Website, nor any interruption, delay in operation or transmission, virus, communications failure, Internet access difficulties, or malfunction in equipment or software.

 

Indemnity, Copyright and Trademarks:

You agree to indemnify and hold harmless Tata Consumer and its related bodies corporate (and the officers, agents, partners, and employees of each of these) against any and all loss, liability, claim, or demand arising out of or in connection with your use and access to the Website. 

The material provided on the Website is copyright protected. You may only use this material for your own private and non-commercial purposes. Except for the temporary copy held in the computer's cache and a single permanent copy for your personal reference, the material may not otherwise be used, copied, reproduced, published, stored in a retrieval system, altered, or transmitted in any form or by any means in whole or part (except where such use constitutes fair dealing under the Copyright Act) without the prior written approval of Tata Consumer or the appropriate supplier or licensor of Tata Consumer. You may not use any part of the Content on the Website to establish, maintain or provide, or assist in establishing, maintaining, or providing your own publications, Internet site or other means of distribution. All software used on this web site is the property of Tata Consumer or its software suppliers and is protected by Australian and international copyright laws.

The Tata Consumer logo and the logos of Tata Consumer products are registered trademarks of Tata Consumer or its related bodies corporate. Other trademarks may be displayed on the Website from time to time. These may belong to third parties. Nothing displayed on the Website should be construed as granting any licence or right of use of any logo or trademark displayed on a web site, without the express written permission of the relevant owner.

 

Limitation of Liability: 

The Trade Practices Act and similar state and territory legislation in Australia may confer rights and remedies on you in relation to the provision by Tata Consumer of goods or services on the web site which cannot be excluded, restricted, or modified ("Non-excludable Rights"). Tata Consumer does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law, or statute.

Except as provided for by the Non-excludable Rights: (a) all Content is provided "as is" and “as available” without warranties or guarantees of any kind, either express or implied, (b) Tata Consumer and its suppliers expressly disclaim all warranties of any kind, including but not limited to implied warranties of merchantability and fitness for a particular purpose, (c) Tata Consumer or its related bodies corporate do not warrant that the functions contained in any Content or any Communications Facility or your access to the Website will be uninterrupted or error-free, that any defects will be corrected or that the Website or the server which stores and transmits Content to you are free of viruses or any other harmful components, (d) Tata Consumer does not warrant or make any representation regarding your access to, or the results of your access to, the Website (including any related or linked web sites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise, and (e) you (and not Tata Consumer or its related bodies corporate) assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant Content.

To the maximum extent permitted by law, under no circumstances (including but not limited to any act or omission on the part of Tata Consumer) will Tata Consumer or its related bodies corporate be liable for any indirect, incidental, special and/or consequential damages or loss of profits, revenue or goodwill whatsoever which result from any use or access of, or any inability to use or access, the Web Site or any Content. You expressly acknowledge and agree that Tata Consumer or its related bodies corporate do not exert control over users of the Website (including individuals referred to on the Website as guests and experts) and is not liable either for their opinions or their behaviour, including any information and/or advice and any defamatory statements or offensive conduct.

To the maximum extent permitted by law, Tata Consumer or its related bodies corporate liability for breach of any implied warranty or condition which cannot be excluded is limited, at the option of Tata Consumer, to the following:

• In the case of services supplied or offered by Tata Consumer or its related bodies corporate, (a) the supply of the services again, or (b) the payment of the cost of having services supplied again; and
• In the case of goods supplied or offered by Tata Consumer or its related bodies corporate, (a) the replacement of the goods or the supply of equivalent goods, (b) the repair of such goods, (c) the payment of the cost of replacing the goods or acquiring equivalent goods, or (d) the payment of the cost of having the goods repaired.

Order and Contract:

When making an Order, you must follow the instructions on the Site as to how to make your Order and for making changes to your Order before you submit it. Once you select a product that you wish to Order, irrespective of any previous price you have seen or heard, you will then be shown or told (on the Site) the price you must pay including Goods and Services Tax (“GST”) and any other charges, including any charges you are liable to have the products delivered to the address provided by you (“Delivery Fees”). Unless otherwise stated all charges are in Australian dollars. You must pay for the Order in full at the time of ordering by one of the payment methods we accept on the Site. You must be fully entitled to use the payment method used for purchases. The payment method must have sufficient funds, credit, or other payment facilities to cover the purchase. We are not responsible for the decisions of payment providers to allow you to use their service or provide any warranties or assurances about them. If a particular service is not available to you, you should use another valid payment method. You may elect to store your payment methods to your Account for future purchases. By making an Order, you expressly authorise us, before accepting your Order, to perform credit and security checks and, where we feel necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your credit card number, to validate your credit card, to obtain an initial credit card authorisation, to conduct loss minimisation and anti-fraud measures and to authorise individual purchase transactions. If you discover that you have made a mistake with your Order after you have submitted it to the Site, please contact Customer Service immediately, although please note we cannot guarantee that we will be able to amend your Order in accordance with your instructions and that fees may be applicable to process a change.  When you place an Order, you will receive from us an Order confirmation by email. This email will only be an acknowledgement that we have received your Order and will not constitute acceptance of your Order. A contract between us for the purchase of the goods (“Contract”) will not be formed until you receive a shipment confirmation email from us. We are not obliged to supply the product to you until we have accepted your Order. We may in our discretion refuse to accept an Order from you for any reason, including but not limited to

(a) unavailability of stock (in which case we may ask you to re-submit your Order or offer you an alternative product or size;

(b) we suspect that you might on-sell our products to other consumers;

(c) if we suspect your Order is fraudulent, or suspect credit card or payment-related fraud;

(d) if there has been an error in the imagery, price or product description on the Site; or

(e) if there has been an error by way of the wrongful inclusion of an item in a particular sale or promotion.

 

Price and Product Information 

The prices which you must pay for the products that you order are set out on the website at the time you place your order (plus a delivery charge), except where we discover an error in the price of the products you have ordered. In this event, we will inform you as soon as possible after receiving your order and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. The prices quoted on this website apply only to products sold via this website. Where the same products are available via another stockist different prices may apply. Although we will take all reasonable care to ensure that all descriptions, details, and prices of products appearing on the website are correct at the time when the information was entered onto the system, the information appearing on this website at any time may not reflect the exact position at the moment you place an order. All measurements and sizes are approximate, although we make every effort to ensure that they are as accurate as possible. Tata Consumer and its related bodies corporate attempt to be as accurate as possible in the description of products. However, Tata Consumer does not warrant that product descriptions are accurate, complete, reliable, current, or error-free.

 

Product Availability

Goods are subject to availability. Our acceptance of your offer to purchase our goods is subject to their availability. Our acknowledgement of order acceptance via the web or email is not a guarantee of delivery. If we are unable to deliver the goods which you have offered to purchase, we will let you know as quickly as possible, and a full refund will be given. Orders that include sale items may be sent incomplete if certain sale lines are out of stock. Your card will be refunded, and you will be notified as above. 

 

Online / Digital Security

At Tata Consumer we take your online security very seriously. As such, we have prepared the following guidelines and information to help you enjoy trouble free browsing when visiting our web site or interacting with us. Tata Consumer will never ask you to provide personal information like your bank details, credit card details, your address, driving licence or passport numbers via email. 

Please REPORT any suspicious activity to us immediately.

 

Risk of loss

All items purchased from our website are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

 

GENERAL:

Entire agreement: These Terms contain all the terms agreed between you and us and supersedes and excludes any prior Terms published on this Site.

Assignment: You may not assign or delegate or otherwise deal with all or any of your rights or obligations under these Terms. We shall have the right to assign or otherwise delegate all or any of our rights or obligations under these Terms to any person.

Force majeure: We shall not be liable for any breach of our obligations under these Terms where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control, including by pandemic, lightning, fire, flood, extremely severe weather, strike, lock-out, labour dispute, act of God, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events).

No waiver: No waiver by us of any default of yours under these Terms shall operate or be construed as a waiver by us of any future defaults, whether of a like or different character.  No granting of time or other forbearance or indulgence by us to you shall in any way release, discharge or otherwise affect your liability under these Terms.

Notices: Unless otherwise stated within these Terms, notices to be given to either party shall be in writing and shall be delivered by email supplied by you to us, or to us at our registered office.

Third-party rights: All provisions of these Terms  apply equally to and are for the benefit of Tata Consumer, its affiliates and its third-party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf (save that these Terms may be varied or rescinded without the consent of those parties).

Survival: The provisions of clauses that either are expressed to survive its expiry or termination or from their nature or context it is contemplated that they are to survive such.

Severability: If any provision of these Terms is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of these Terms shall not be affected.

Governing law: These Terms (and all non-contractual relationships between you and us) shall be governed by and construed in accordance with the laws of Victoria and both parties hereby submit to the exclusive jurisdiction of the courts of Victoria.