This agreement sets out the terms and conditions on which Miracle Matcha Limited ("We", "Us" "Miracle Matcha") supplies any of the Goods or provides access to any of the Services to you, (you, your, User) through http://www.miraclematcha.co.uk (Website) and Miracle Matcha, the owner(s) of this Web Site for the supply of any Goods listed on this Web Site. Please read these Terms and Conditions carefully before placing your order for any of the Goods or using any of the Services. You should understand that by using this Web Site and by clicking the "I Accept" button, you agree to be bound by these Terms and Conditions. If you do not accept these terms and conditions, you will not be able to place an Order for any of the Goods through the Website or use any of the Services.
SECTION A: GENERAL PROVISIONS APPLY TO ALL USERS OF THE SERVICES.
IT IS HEREBY AGREED between the parties hereto as follows:
SECTION A: GENERAL CONDITIONS
1.1 The following words and expressions shall have the following meanings:
"Account" shall mean your account with Miracle Matcha, details of which shall be accessible on the Website;
"Contract" means the contract between you and us for the provision and delivery of the Goods
"Delivery Charges" means the charges for the delivery of the Goods as set out on the Website;
"Dispatch Confirmation" means confirmation by us to you in respect of the delivery of your Order;
"Goods" means the goods advertised and available for Order on the Website
"Intellectual Property" means all intellectual property rights including without limitation, patents, design rights, know-how, copyrights, trade marks, the right to use software and all other similar proprietary rights (whether registered or unregistered) worldwide;
"Order" means the Goods ordered by you using the Order Form;
"Order Form" means the online form available on the Website to be used by you in order to place an order for the Goods;
"Price" means the price of the Goods;
"Register" means the submission of certain personal data to us in order to set up an Account on the Website and to have access to the Services, Order Goods; and "Registration" and "Registering" shall be construed accordingly;
"Services" means the Miracle Matcha System supplied through our websites and the purchase of Goods;
2.1 The Website is owned and managed, operated and maintained by Miracle Matcha Limited.
2.2 Miracle Matcha Limited shall be entitled at its own discretion to suspend the Website for any reason whatsoever, including but not limited to repairs, planned maintenance or upgrades and shall not be liable to you for any such suspension or unavailability of the Website.
2.3 Miracle Matcha Limited reserves the right to make any changes to the Website including any functionalities and content therein or to discontinue any aspect of the Goods or Services or features of the Website without notice.
2.4 Miracle Matcha Limited may be contacted at Miracle Matcha Ltd., Unit 4, Luckhust Farm, Betherseden Road, Smarden, Ashford, Kent TN12 8QT or by e-mail at email@example.com
3.1 To purchase the Goods on the Website, you must first Register your details with us as an Account holder in accordance with clause 15.
3.2 By Registering, you hereby warrant that:
3.2.1 you are legally capable of entering into binding contracts and for the avoidance of doubt, agree to strictly comply with and be bound by these Terms; and
3.2.2 you are at least 18 years old;
3.2.3 you are not in any way prohibited by the applicable law in the jurisdiction which you are currently located to enter into these Terms and Conditions for the purchase of the Goods.
3.3 We shall not, in respect of an Account holder, be able to process your Order Form if you fail to comply with the foregoing provisions.
4.1 In order to purchase any of the Goods from the Website, you shall be required to complete the Order Form.
4.2 You may place your Order for the Goods by submitting the Order Form through the Website.
4.3 By placing an Order, you consent to us conducting verification and security procedures in respect of the information provided in the Order Form.
4.4 You hereby warrant that the information provided to us is true, accurate and correct. You further warrant that you shall promptly notify us in the event of any changes to such information.
5.1 After placing an Order, you will receive an e-mail from us acknowledging that we have received your Order ("Order Confirmation e-mail"). Please note that this does not mean that your Order has been accepted. Your Order constitutes an offer to us to buy Goods. 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 Goods have been dispatched ("Dispatch Confirmation"). The contract between us will only be formed when we send you the Dispatch Confirmation ("Contract").
5.2 The Contract will relate only to those Goods whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Goods which may have been part of your Order until the dispatch of such Goods has been confirmed in a separate Dispatch Confirmation.
6.1 Subject to clause 6.4 and unless otherwise expressly set out to the contrary or in cases of obvious error, the Price of all Goods shall be as set out on the Website and shall be correct at the time of your submission of the Order Form.
6.2 Unless otherwise expressly set out to the contrary, all Prices quoted on the Website shall be inclusive of Value Added Taxes and exclusive of any Delivery Charges. For the avoidance of doubt, the Delivery Charges shall be set out separately on the Order Form, the Order Confirmation E-mail.
6.3 Due to the nature of the business, you agree that Prices are subject to change and variation at any time without prior notification to you.
6.4 We shall use our reasonable endeavours to ensure that the Prices on the Website are accurate and correct at all times. However, you acknowledge that due to the large number of Goods advertised on the Website, such Goods may at times be incorrectly priced. Where there is a discrepancy between the actual Price and the advertised Price, we shall use our reasonable endeavours to inform you of the mistake and advise you of the actual Price of the Goods. Thereafter, you shall have the option of proceeding with your Order in consideration for the actual Price or to cancel such Order.
6.5 You may pay for your Order using a credit card, debit card or any other method of payment as specified on the Website. We reserve the right not to process your Order Form if we have not received payment of the Price and any other additional charges including without limitation, the Value Added Taxes and Delivery Charges.
7.1 Details of the delivery of your Order including without limitation, the estimated delivery date of your Order, shall be set out in the Dispatch Confirmation.
8.1 The Goods will be your responsibility from the time of delivery.
8.2 Ownership of the Goods will only pass to you when we receive full payment of all sums due in respect of the Goods, including Delivery Charges.
9.1 You may cancel a Contract at any time within seven working days, beginning on the day after you received the Goods ("Cooling off Period"). In this case, you will receive a full refund of the price paid for the Goods in accordance with our refunds policy (set out in clause 10 below).
9.2 To cancel a Contract, you must inform us using the communication methods outlined in the Returns Policy, whereupon you will be provided with a valid returns number and returns address. You must return the unopened and undamaged Goods to us as soon as reasonably practicable, and at your own cost. You have a legal obligation to take reasonable care of the Goods 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 and not to refund the Goods.
10.1 If you return Goods to us:
10.1.1 because you have cancelled the Contract between us within the Cooling-Off Period, we will process the refund due to you as soon as possible and, in any case, within 30 days of the day on which you gave us notice of cancellation in accordance with 9.2. In this case, we will refund the Price of the Goods in full, and any applicable Delivery Charges. However, you will be responsible for the cost of returning the Goods to us.
10.1.2 for any other reason (for instance, because you consider that the Goods are damaged), we will examine the returned Goods and will notify you of your refund via e-mail within a reasonable period of time. We will usually process any agreed 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. We will refund the Price of the damaged Goods in full, any applicable Delivery Charges and any reasonable costs you incur in returning the item to us (subject to you supplying us with documentary evidence of such delivery charges and costs incurred).
10.2 Where an Order is returned after the Cooling Off Period and/or such Order is not in its original packaging or, in our reasonable opinion, in a condition which is not re-saleable, we reserve the right at our sole and absolute discretion to determine the amount of refund to be paid to you (if any).
10.3 All eligible refunds shall be credited to the same method of payment that you originally used to make the purchase.
11.1 All orders outside the UK will be charged and additional �6.75 (non-refundable) for each shipment.
11.2 If Goods are being ordered from outside the UK, import duties and other taxes may be incurred once your Goods reach their specified destination. Miracle Matcha Ltd will not be responsible for these charges and we undertake to make no calculations or estimates in this regard. If you are buying from outside the UK, you are advised to contact your local customs authorities for further details on costs and procedures. As the purchaser of the Goods, you will also be the importer on record and as such should ensure that your purchase is in full compliance with the laws and regulations of the country into which the Goods are being imported. We shall in no way be liable to you or any third parties for any breach by you of any such laws arising from or in connection with the purchase of the Goods and/or our delivery of the Goods to you. Please be aware that Goods may be inspected on arrival at port for customs purposes and Miracle Matcha Ltd cannot guarantee that the packaging of your Goods will be free of signs of tampering.
12.1 All intellectual property included on the Web Site, including, but not limited to intellectual property arising in text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software ("Content") is the property of Miracle Matcha Ltd or its licensors.
12.2 You are expressly prohibited from:
12.2.1 reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the Content; and
12.2.2 removing, modifying, altering or using any registered or unregistered marks/logos/design owned by us or our licensors, and doing anything which may be seen to take unfair advantage of our reputation and goodwill or could be considered an infringement of any of our rights in the intellectual property owned and/or licensed to us.
13.1 This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of Miracle Matcha Ltd or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.
14.1 You shall be entitled to use the Website without an Account. However, if you wish to purchase any Goods or use the Services, you may be required to Register as an Account holder in accordance with these Terms.
14.2 Where you choose to Register as an Account holder, you shall be provided with a login and password ("Login Details") in order to access your Account. You agree to keep your Login Details confidential and not to allow any other individuals to use your Login Details to access your Account.
14.3 You agree to notify us in the event of a breach of security or of any unauthorised use (suspected or otherwise) of your Login Details and Account.
14.4 You hereby undertake to indemnify us and hold us harmless for any claims, losses, costs and expenses that we may suffer as a result of any activities conducted using your Login Details including without limitation, your failure to comply with the terms set out in clause 14.5 herein.
14.5 By using your Login Details and accessing your Account, you agree that you shall not submit to appear on the Website, any review, link, comment, information or any other materials whatsoever that:
14.5.1 may reasonably be deemed to be illegal, offensive or inappropriate;
14.5.2 promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
14.5.3 harasses or advocates the harassment of a group or individual;
14.5.4 displays pornographic or sexually explicit materials;
14.5.5 is or promotes any conduct which may reasonably be deemed to be illegal, abusive, threatening, obscene, defamatory or libellous;
14.5.6 provides instructional information about illegal activities, including without limitation, the violation of another individual's privacy or the provision or creation of any computer viruses, trojans and malware;
14.5.7 promotes or contains information that you know or believe to be inaccurate, false or misleading;
14.5.8 engages in or promotes commercial activities and/or sales, including but not limited to contests, sweepstakes, barter, advertising and pyramid schemes; and
14.5.9 infringes the Intellectual Property rights belonging to a third party.
14.6 In the event that we, in our sole and absolute discretion, consider that you have breached any of the terms set out in this clause 14, we reserve the right to take any action that we deem to be necessary, including without limitation, the termination forthwith and without notice, your Use of and access to the Website; and in the case of illegal use, the instigation of legal proceedings.
14.7 You may terminate your Account with us by giving us not less than fourteen (14) days written notice to firstname.lastname@example.org. Upon termination of your Account, you shall cease to have access to certain features and elements of functionalities of the Website. Please provide your e-mail address and other registration data while sending a cancellation request for efficient processing of your request
15.1 From time to time and completely at our discretion we may run offer and promotions on our site pertaining to the goods and products offered for sale. The details of such offers and promotions will be clearly communicated and will only be relevant to the term and period covered in the offer or promotion.
16.1 You may terminate your Account with us at any time by writing to our customer services by e-mail to email@example.com However, you acknowledge that on such termination, we shall not refund any amounts previously paid by you and you remain liable for any and all unpaid amounts on your Account.
16.2 Save as set out below in this clause 16, we may terminate your Account at any time and for any reason whatsoever by giving you not less than fourteen (14) days' notice in writing.
16.2Notwithstanding the provisions of this clause 16, your Account may be terminated:
16.2.1 by either party immediately, on written notice to the other party:
184.108.40.206 if the other party is in material breach of its contractual obligations and has not remedied such breach within fourteen (14) days after receipt of a written notice of default from the other party; or
220.127.116.11 by either party if the other is declared bankrupt, or if a body corporate, has a liquidator, receiver or administrator appointed or enters into any form of arrangement with its creditors, or is otherwise insolvent;
16.2.2 by us, immediately on written notice to you if:
18.104.22.168 you or someone using your Login Details has failed to comply with one or more of these Terms;
22.214.171.124 there has been fraudulent use, misuse or abuse of the Services;
126.96.36.199 you have provided us with false, inaccurate or misleading information; or
17.1 The Website is owned and maintained by Miracle Matcha Limited and/or its licensors and nominated representatives.
17.2 We shall be entitled to at our own discretion to suspend the Website for any reason whatsoever, including but not limited to repairs, planned maintenance or upgrades, and shall not be liable to you for any such suspension.
17.3 We reserve the right to make any changes to the Website, the Subscription Packages and the Services or to discontinue any aspect or feature therefor without notice.
19.1 We welcome testimonials from our customers using our goods and products, and Miracle Matcha Ltd shall at its sole discretion decide whether or not to display your testimonial on the Website. You warrant that any information submitted to us under this clause 19 will be true and accurate, and we reserve the right to take such reasonable steps to verify the accuracy of such information provided by you. By sending in your story and any pictures, you hereby grant us a non-exclusive licence to use such information, material and pictures for the purpose of display on the Website and use in any of our marketing material concerning the sale of our Goods.
20.1 To the maximum extent permitted by law and subject to the provisions herein, we expressly exclude all representations, warranties, obligations and liabilities in connection with the Website, the Goods and the Services the delivery of your Order or any third party websites and the information provided therein.
20.2 We do not warrant, represent or promise in any way the availability of all Goods advertised on the Website. We therefore reserve the right to offer you an alternative in place of the advertised Goods by informing you thereof prior to confirming your Order with us and sending you the Order Confirmation E-mail.
20.3 All information made available to or accessible by you using the Website as an Account holder or a user of the Website including any editorial materials provided by us are provided "as is" without any conditions, warranties or terms of any kind and are intended as information only and does not constitute advice. Such information must therefore not be relied on to assist in making or refraining from making a decision, or to assist in deciding on a course of action.
20.4 Save for liability in respect of death and personal injury which are not limited, we accept no liability whatsoever for any indirect or consequential losses, loss of profit or contract, loss of anticipated savings, loss of data, loss of office or management time, loss of business, loss of reputation or any other loss however arising and whether caused by tort (including negligence), breach of contract or otherwise even if foreseeable.
20.5 Unless otherwise expressly set out to the contrary herein, our maximum aggregate liability to you in connection with these Terms and your use of the Website shall be limited to the total amount of money you have paid to us in the one (1) month period immediately preceding the date on which the cause of action arose. This limitation of liability shall apply regardless of whether Miracle Matcha Ltd was aware of or advised in advance of the possibility of losses being incurred.
21.1 Miracle Matcha Ltd reserves the right to change these Terms at any time and on reasonable notice to you. By continuing to use the Website after expiry of the notice period, you will be deemed to have accepted, and be bound by, any changes to the Terms. If, on receipt of such notice, you wish to terminate these Terms with us you may do so by giving us not less than seven (7) day's notice, such termination to take effect on the date upon which the amended terms and conditions would otherwise have come into effect.
22.1 You agree to defend, indemnify, and hold harmless Miracle Matcha Ltd., its officers, directors, shareholders, employees, independent contractors, telecommunication providers, and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from Your misuse or inability to use the Website, or Your breach of any of these Terms. We shall promptly notify you by electronic mail of any such claim or suit, and cooperate fully (at your expense) in the defence of such claim or suit. If we do not hear from you promptly, we reserve the right to defend such claim or suit and seek full recompense from you.
23.1 In the event that any of these terms are found by any competent authority to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and shall not affect the validity and enforceability of the remaining terms and conditions.
24.1 In the event that any party to these Terms fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
25.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our Web 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 Web Site. 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.
26.1 All notices / communications shall be given to us either by post (see address above) or by e-mail to firstname.lastname@example.org. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending, if the e-mail is received in full on a business day and on the next business day if the e-mail is sent on a weekend or public holiday.
27.1 These Terms and any document expressly referred to in them represent the entire agreement between you and us in respect of your use of the Website, and shall supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.
27.2 You acknowledge that in entering into these Terms, you have not relied on any representations, undertaking or promise given by or implied from anything said or written whether on the Website, the internet or in negotiation between you and us except as expressly set out in these Terms.
28.1 These terms and conditions and the relationship between you and Miracle Matcha Ltd shall be governed by and construed in accordance with the Law of England and Wales and Miracle Matcha and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.