backThis website is operated by Ismail Coffee and Tea Limited (referred to as 'Ismail Coffee and Tea', 'we', 'our' or 'us'). As a user of this website you acknowledge and agree that your use of the website including any product purchases that you make via the online shop is governed by the terms and conditions below.
NOTE: We reserve the right to amend these terms from time to time and without warning.
We recommend that you read these terms and conditions carefully before using the website and that you read our privacy policy.
We also recommend that you print a copy of these terms and conditions for your reference and refer to this section each time you use the website.
Intellectual Property
You acknowledge and agree that, except where otherwise indicated, all copyright, trademarks, and all other intellectual property rights in respect of the content of this website is at all material times the property of Ismail Coffee and Tea and or our licensors.
You may only display, electronically copy or download and print selected portions of the website content for non-commercial purposes, providing you do not infringe, delete or amend any copyright, trademarks or other intellectual property rights. Any other use of the content of this website is prohibited.
All rights not expressly granted are reserved.
Disclaimer
Except where otherwise expressly indicated with respect to our products, Ismail Coffee and Tea make no warranties or representations whatsoever, whether express or implied regarding the accuracy or completeness of the content of this website which is provided on an "as is"basis.
To the full extent permitted by law, we disclaim all warranties express or implied including, but not limited to, implied warranties of merchantability and fitness for any particular purpose.
Ismail Coffee and Tea make no warranties or representations whatsoever, whether express or implied that the functionality of the website will be timely, error free or virus free or that any defects will be corrected. We accept no liability of any kind for any loss or damage experienced by the user as a result of reliance on the content of this website.
You enter this website at your own risk.
The contract between us
We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Once payment has been received by us we will confirm that your order has been accepted by sending an email to you at the email address you provide in your order form. Our acceptance of your order brings into existence a legally binding contract between us
Price
The prices payable for goods that you order are expressed in pounds sterling as set out in our website and include Value Added Tax (VAT). Value Added Tax (VAT) will be charged at the rate applicable at the date of delivery.
Currently our Coffee and Tea products are zero rated for VAT.
You will be required to pay extra for delivery and it might not be possible for us to deliver to some locations. Our delivery charges are set out in our website.
Cancellation by us
We reserve the right to cancel the contract between us if we have insufficient stock to deliver the goods you have ordered; we do not deliver to your area or one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
If we do cancel your contract we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
Delivery of goods to you
We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order. In the case of goods purchased by credit card, those goods will be delivered to the address of the credit card holder only.
Delivery will be made as soon as possible after your order is accepted and in any event within 30 days of your order.
You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
Liability and Indemnity
If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 10 working days of the delivery of the goods in question.
If you do not receive goods ordered by you within 30 days of the date on which you ordered them, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 40 days of the date on which you ordered the goods.
If you notify a problem to us under this condition, our only obligation will be, at your option to make good any shortage or non-delivery, replace or repair any goods that are damaged or defective or refund to you the amount paid by you for the goods in question in whatever way we choose.
Nothing in these terms and conditions excludes your rights as a consumer. However, because our products are made to order and are liable to expire rapidly upon opening, we are not obliged to offer any automatic right to cancel your order within 7 days of ordering. For details of our cancellation policy, please see the Customer Service Section of our website for details.
Save as to fraudulent or negligent misrepresentation, we will not be liable either in contract, tort (including without limitation negligence) or otherwise for any direct or consequential economic loss, loss of goodwill or reputation or any other losses incurred by you howsoever arising out of any problem you notify to us in connection with any product ordered from this website and we shall have no liability to pay any money by way of compensation other than to refund you the amount paid by you for the products you ordered on this website.
Nothing in these terms and conditions excludes your rights as a consumer (including your contract cancellation rights). If you are not a consumer, you confirm that you have the authority to bind any business on whose behalf you use this website.
We will take all reasonable precautions to ensure that the details of your order and payment are secure, but unless we are negligent, we cannot be held liable for any losses suffered as a result of hacking or other unauthorized access to information you provide.
Notices
Unless otherwise expressly stated, all notices sent by you must be in writing and sent to our contact address at Ismail Coffee and Tea, 95 - 97 Mount Pleasant Road, Tunbridge Wells, Kent, TN1 1QG and all notices from us to you will be displayed on our website from time to time.
Events beyond our control
We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
Third party rights
Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
Severance
If any part of these terms and conditions is rendered unenforceable or unlawful, the enforceability of any other part of these conditions will not be affected.
Governing Law and Jurisdiction
These terms and conditions are governed by and construed in accordance with English law and any disputes relating to these terms and conditions will be exclusively subject to jurisdiction of the English courts.
Entire Agreement
These terms and conditions, together with our current website prices, delivery details, contact details and privacy policy, set out the whole of our agreement relating to the supply of the products to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
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