Terms & Conditions for End-Users
This Online Intermediary Agreement (the “Agreement”) establishes the terms and conditions (“T&Cs”) on which Eazilabs Ltd (“we”, “us” and “our), using the Love Tea trademark, offer you (the End-User) access to and use of the products and services that we have made available to you through our website (the “Website ”), which is accessible at https://www.theloveteapeople.com, including the browsing for and purchase of products which have been listed for sale (the “Services”).
We reserve the right to modify and/or revise any of the T&Cs set out in this Agreement, including any policies referred to hereto; which right may be exercised by us at our sole discretion and at any point in time. By continuing to use our Website or Services after these T&Cs have been updated, you are indicating that you agree to be bound by the modified T&Cs.
You are responsible for your own continued monitoring of the Website, and for reviewing any changes to these T&Cs which may, from time to time, be implemented by us. Should you not consent to the changes made by us, you must immediately refrain from continuing to make use of our Website and/or Services.
- 1.1 For the purpose of this Agreement, the term “Applicable Law” shall, as far as possible, be taken to solely refer to the laws of Malta.
- 1.2 Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
- 1.3 Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.
- 1.4 Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.
Use of Services
- 2.1 Use of our Services is limited to End-Users that can lawfully enter into and conclude contracts under Applicable Law. This excludes, amongst others, minors or persons who have been interdicted or incapacitated pursuant to a Court order.
- 2.2 By entering into this Agreement, you agree to perform your obligations arising hereto, as established by these T&Cs, including the payment of the total price upon checkout. Thus, you acknowledge that your failure to fulfil the obligations imposed on you under this Agreement may be legally actionable. This may include, but is not limited, to effecting a fraudulent payment once you have placed an order for a listed item.
- 2.3 We cannot guarantee continuous, error-free access to and use of our Website and Services, or that defects emerging therefrom will be corrected immediately. Whilst we shall use reasonable efforts to ensure your uninterrupted, error-free access to and use of our Website and/or Services, we cannot guarantee this and do not hereby give any promises to this effect.
- 2.4 In view of Clause 2.3 above, we expressly disclaim, to the fullest extent permitted under Applicable Law, all warranties and representations relating to the Services, including, without being limited to, those pertaining to quality, durability, fitness for a particular purpose.
- 2.5 You agree that you are making use of the Services at your own risk and that they are being provided to you on an “AS IS” and “AS AVAILABLE” basis.
- 2.6 You accept that, as a precondition to your use of the Services, you will not and will not allow others to:
- a. use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
- b. use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
- c. use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
- d. conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
- e. access or otherwise interact with our website using any robot, spider or other automated means;
- f. use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing);
- g. post on any media, including the Website, any false, deceptive, slanderous or otherwise misleading content, in the form of comments, feedback, reviews or otherwise, regarding the Website or the Services.
- h. manipulate the price or placement of any product listed on the Website;
- or otherwise attempt to carry out any of the above.
- 2.7 You understand and accept that you will be held liable for damages if you commit or attempt to pursue any of the activities mentioned in Clause 2.6
- 2.8 You also agree that your reliance on any content accompanying or relating to a listed item, including the manner in which it affects your use of the Services, is entirely at your own risk and you hereby agree to defend, indemnify and hold us harmless for any damages that you may suffer as a consequence of such reliance.
Service Definition and Fulfillment
- 3.1 We provide an online facility which enables you, the End-User, to browse the product listings found on our Website and to directly purchase items sourced by Eazilabs Ltd. Such items include, but are not limited to, tea tasting packages, individual teas and ancillary products.
- 3.2 Upon confirming an order you have placed for a product listed on our Website, you will then be asked by to supply your billing information, including valid credit card information, and delivery details for our contracted third party payment gateway operators Paypal.com and Braintree.
- 3.3 In reference to 3.2, we reserve the right to change any of our contracted third party operators without prior notification.
- 3.4 The information you supply in relation to Clause 3.1 must be accurate and complete. Any failure in this regard may result in the order being rejected.
- 3.5 Unless noted otherwise, all prices are displayed including any applicable VAT.
Product curation and delivery
- 4.2 You agree that for subscription tasting packages, the selection of items be made by us, as your curators, in the quantities specified on the purchased tasting package product page.
- 4.3 You agree that we are not required to communicate or indicate details regarding selections within tasting packages before such packages are delivered.
- 4.4 You will be informed of your exact monthly delivery date the week before delivery.
- 4.5 Eazilabs Ltd. reserves the right to shift said date within the month as necessitated by its sourcing schedules.
- 4.6 You also warrant that your use of the Services for your private, non-commercial use and that you will not link the Website and/or the Services to any other website or activity, or exploit the information available through the Website and/or the Services, in any way whatsoever, whether for your commercial or other gain, or otherwise.
- 5.1 If you are not satisfied with an item purchased through the Website, you, the End-User, may have the right under Applicable Law, or the law otherwise applicable to your jurisdiction, domicile or residence, to return the item and be reimbursed the amount paid, and this may be carried out by following our Return Policy set out in this Clause 5.
- 5.2 If you wish to invoke our Return Policy, and obtain a refund of the payment supplied, then you are required to inform us of your decision by an unequivocal statement, such as by means of a letter sent by post or via electronic mail, using the appropriate contact details set out in clauses 11.2 and 11.3.
- 5.3 Such notice needs to be communicated to us within the applicable fourteen (14) day period or otherwise granted to you, the End-User, under statutory law. In respect to Tasting plans, this cooling-off period shall commence upon acquiring physical possession of the first pack in the subscription term. For all other products, this cooling off period shall commence upon acquiring the product.
- 5.4 Upon receipt of the notice in 5.2,we will then provide you with an acknowledgement via the contact details you have designated for this purpose. You are not obliged to provide any reasons for returning the item.
- 5.5 Once we have processed and verified a notice of withdrawal which you have issued to us, we will then proceed to inform you, by contacting you via the details you have provided for this purpose, as to the location where you are to deliver the item(s) concerned
- 5.6 In respect of Clause 5.5, you shall be responsible for bearing the direct costs of delivering the item to this location.
- 5.7 In any event, you are to deliver the item to the location which we have communicated to you by no later than fourteen (14) days from the date of our relevant communication. Given this, we also reserve the right to withhold from remitting the refund to your designated bank account until the item(s) have been received by us at this specified location.
- 5.8 In respect to Tasting plans, our Return Policy in Clause 5 applies to the pack in its entirety. You acknowledge that any return of such packs must be including all items within the pack.
- 5.9 You should note that:
- opened tasting packs are returnable only if the tea pouches inside have not be opened.
- opened tasting packs are returnable in their entirety, without any missing items.
- items which have been opened, spoiled or used and as a result may not be resold are not returnable.
- 6.1 We may suspend, terminate and/or permanently block your access to and use of our Website and/or Services, at any time for any valid reason, including due to improper use of Website or Services or, in particular, your failure to comply with the T&Cs contained herein, without prior notice.
- 6.2 You accept that, where we have taken any or all of the actions described under Clause 6.1, this shall not affect any right to relief and/or damages that we may be entitled to against you under Applicable Law or otherwise.
- 7.1 You acknowledge and agree that the availability of our Services does not authorise you to make use of any content or material (irrespective of its form or media) found on the Website or as otherwise made available to you via the Services, in breach of either third-party or our intellectual property rights, or other proprietary rights.
- 7.2 Love Tea, our logos and our other registered or unregistered trade marks are trade marks belonging to us; we give not permission for the use of these trade marks, and such use may constitute infrigement of our rights.
- 7.3 The third party registered and unregistered trade marks or service marks on our website are the property of their respective owners and, unless stated otherwise in these Terms & Conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights
- 8.1 In addition to the above, we assume no responsibility and you also accept that neither we, nor any of our officers, directors, employees, representatives, affiliates or agents, shall be liable to you any damages of whatever kind or nature, including special, indirect or consequential damages, or damages sustained to your computer equipment, or the degree thereto, that you may suffer in connection with your access to the Website or use of the Services.
- 8.2 Further to Clause 8.1, you also accept that we shall not be responsible to you for any defects (as construed in its widest possible sense) relating to a listed item found on our Website that you have ordered.
- 8.3 If, notwithstanding this Clause 8, we are still found to be liable to you, then, by way of pre-liquidated damages, our maximum liability to you (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise), or that of our officers, directors, employees, representatives, affiliates or agents, is hereby being set in respect of any one claim to the lesser of (a) the amount of actual damages suffered, or (b) €100 (Euros).
- 8.4 Without prejudice to the aforesaid, nothing in this Clause 6 shall exclude or in any way limit our liability for (i) death or personal injury, (ii) fraud, (iii) fraudulent misrepresentation or (iv) any liability that cannot be excluded or limited in terms of Applicable Law.
- 9.3 When you subscribe to use our Services, you accept that some personally identifiable information about you, including your order history and/or browsing history or keyword searches may be processed by us, and can be used to, amongst others, recommend items listed on our Website to you.
Other Important Terms
- 10.1 We may transfer our rights and obligations under this Agreement to another entity or organisation. This Agreement, however, is personal to you. You may only transfer your rights or obligations arising under this Agreement to another person if we agree to this in writing. Furthermore, this Agreement is between you and us. No other person shall have any right to enforce any of its terms.
- 10.2 If any court or authority finds any clause of this Agreement, or part thereof, to be illegal, the rest of this Agreement, including the unaffected part of the clause concerned, will continue to apply in full force and effect.
- 10.3 If we do not insist immediately that you do anything you are required to do under this Agreement, or if we delay in taking steps against you in respect of your breach of this Agreement, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
- 10.4 This Agreement does not confer any rights onto any third party to enforce any of the T&Cs set out herein or part thereof.
- 10.5 This Agreement, including the provision of the Services, and any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes) or the provision of the Services, shall be governed by and construed in accordance with the laws of Malta.
- 10.6 You and we both agree that any dispute or claim arising out of or in connection with this Agreement and / or the provision of the Services shall be exclusively referred to arbitration in Malta. The number of arbitrators shall be one (1) and the arbitrator shall be appointed by mutual accord of the Parties. Should the Parties fail to reach an agreement within fifteen (15) days from notice of arbitration being given, the Malta Centre for Arbitration shall appoint an arbitrator at its own discretion. The language of the arbitration shall be English and the arbitration procedure shall be regulated by the rules regulating the Malta Arbitration Centre in the Arbitration Act (Chapter 387 of the Laws of Malta)
- 11.1 This website is owned and operated by Eazilabs Ltd.
- 11.2 Eazilabs Ltd is registered in Malta under registration number C82869, and our registered postal address is: 49, Apartment 409, Highgrove, Triq il-Kwarta, Ibragg, Malta.
- 11.3 You can contact us by writing to the business address given above, by using the contact details on our website or by email to firstname.lastname@example.org.