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General terms and conditions

Identity: East West Company Spain, S.L. NIF B-59341883
Postal address: EAST WEST COMPANY SPAIN, S.L.
C/Córcega, nª329 – 7º – 3ª 08037 Barcelona (BARCELONA)
Email address: teashop@eastwestcompany.com
Email address Customer Service: atencioncliente@teashop.es
Website: teashop.com
Data Protection Officer: PONS CONSULTORES DE LA PROPIEDAD INDUSTRIAL, SA
DPO contact: Glorieta de Rubén Darío, number 4, 28010, Madrid, Spain.

1. OWNERSHIP OF THE TEASHOP.COM WEBSITE

East West Company Spain SL (hereinafter, also and interchangeably TEA SHOP), a commercial company with registered office at East West Company Spain SL - Córcega 329, 7º-3ª 08037 Barcelona, incorporated for an indefinite period by virtue of a public deed and registered in the Mercantile Registry of the province of Barcelona, in Volume 20978, Sheet no. B-14.899, Folio 213, entry 1ª and with Tax ID (C.I.F.) no. B-59341883, is the owner of the portal www.teashop.com (hereinafter teashop.com), making it available to TEA SHOP customers, for the purpose of providing a service consisting of allowing the customer to purchase products offered by this company via the Internet, through the so-called teashop.com, including their direct transport to the address indicated for this purpose.

2. GENERAL TERMS AND CONDITIONS OF CONTRACTING

These General Terms and Conditions of Contracting shall expressly govern the commercial relationships that arise between TEA SHOP and the Users or customers who contract the products offered by this company through its teashop.com. They have been prepared in accordance with the regulations in force in this matter and specifically, in accordance with the provisions of the following legal texts: Law 34/2002, on Services of the Information Society and Electronic Commerce. Law 7/1998 on General Contracting Conditions. Law 34/2002, on Services of the Information Society and Electronic Commerce. Law 7/1998 on General Contracting Conditions. Royal Legislative Decree 1/2007, of 16 November, approving the consolidated text of the General Law for the Defence of Consumers and Users and other complementary laws. Law 59/2003 of 19 December on Electronic Signature. These General Purchase Conditions must be complemented by the General Conditions of use and browsing established for the website www.teashop.com, as well as by any other Particular or specific Contracting Conditions that may be established in each case. Both browsing and the purchase of any products from www.teashop.com imply acceptance as a User, without reservation of any kind, of each and every one of the following General Terms and Conditions of Contracting as well as, where applicable, the Particular or specific Conditions. TEA SHOP may at any time and without prior notice modify these General Terms and Conditions of Contracting as well as the Particular Conditions that may be included, by publishing such modifications on the website www.teashop.com so that they may be known and accepted again by Users.

3. INFORMATION PRIOR TO CONTRACTING

TEA SHOP informs that the purchase process for the products offered on www.teashop.com can be accessed through the link included on the main or home page of this WEBSITE. The User declares that they know and accept the General Terms and Conditions of Contracting set out below as well as any other particular or specific conditions that may be established for the purchase of certain products from www.teashop.com, which will be duly indicated on screen during browsing. Once the purchase has been made, the User will see the OK of their order on screen as confirmation of the contracting carried out. The order confirmation and the purchase receipt (printout made by the User) will not be valid as an invoice

4. USER OBLIGATIONS

The user undertakes to make appropriate use of the services and content offered by TEA SHOP and not to use them to:

· Carry out unlawful activities or activities constituting a crime, contrary to good faith, morality and public order, customary practices, and/or that infringe regulations on intellectual and industrial property, or any other rule of the applicable legal system.
· Disseminate content or propaganda of a racist, xenophobic, pornographic nature, that advocates terrorism, or that violates human rights.
· Introduce or disseminate on the network data programs (viruses and harmful software) likely to cause damage to TEA SHOP’s computer systems, those of its suppliers or third-party users of the Internet network.
· Transmit to unauthorized third parties usernames and passwords, and if their passwords become known to an unauthorized user, they undertake to inform TEA SHOP immediately, which reserves the right to modify them for the protection of the service.
· Make available to other users, send by email or in any way transmit any content that, in accordance with applicable provisions or existing contractual relationships, is not authorized to be transmitted (such as privileged information, information protected by industrial or intellectual property rights or information over which there is a duty of confidentiality).
· Transmit unsolicited or unauthorized advertising, advertising material, “junk mail”, “chain letters”, “pyramid schemes”, or any other form of solicitation, except in those areas (such as commercial spaces) that have been exclusively conceived for this purpose.
Likewise, users are expressly prohibited from reproducing, duplicating, copying, selling, reselling or exploiting for commercial purposes any section of the service, use of or access to it.

5. PRODUCTS AND PRICES - FORMALIZATION OF THE SALE

5.1. PRODUCTS OFFERED - PRICE INDICATION

Teashop.com will display at all times the products for sale together with their characteristics and their price. TEA SHOP reserves the right to decide at any time the products offered to Users or customers through teashop.com. In this way, TEA SHOP may at any time add new products to those included therein, which shall be governed by the General Terms and Conditions in force at that time. Likewise, TEA SHOP reserves the right to stop providing access, at any time and without prior notice, to any of the products offered by TEA SHOP.

5.2. PRICE INDICATION FOR PRODUCTS

The price of each product will appear on screen (except for typographical error). In cases where 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 on the purchase receipt will depend on the actual weight. The prices shown 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 at all times be the current ones.

5.3. MINIMUM PURCHASE

At TEA SHOP 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. For this reason, the customer may choose –where applicable– at the time of purchase between several substitute products for the one initially selected if it is out of stock.

6. USER REGISTRATION

Formalizing any commercial relationship with teashop.com through this WEBSITE requires prior customer or user registration. Therefore, any customer who so wishes may register by filling in the fields located on the home page of this WEBSITE. From this moment onwards, the User will become a teashop.com customer and will be able to access all the services offered therein.

Teashop.com reserves the right to cancel the username and password and, therefore, access to this WEBSITE for those Users who have outstanding debtor balances or unpaid amounts with TEA SHOP.

7. SALE: PROCEDURE AND METHOD OF PAYMENT FOR PRODUCTS

Payment of the price of the goods purchased and the shipping costs, which will appear on screen, may be made by credit card, debit card or in accordance with the payment methods indicated on screen at any time. To proceed with payment, the User must follow each and every instruction appearing on screen, providing the following information: a) Type of card; b) Card number; c) Expiration date or d) Any other information required on screen.

As an electronic payment system, TEA SHOP has installed an e-commerce payment gateway. All data provided for these purposes are encrypted to guarantee maximum security. Likewise, TEA SHOP states that, in no case does it store in any way the data provided by Users through the payment gateway, and that they are only kept while the purchase is made, the payment is processed and until the withdrawal period has elapsed.

7.1. HOW TO REQUEST AN INVOICE

For the Customer to receive their invoice, it will be essential to select the checkbox "quiero factura" (available both in their user area and in the purchase process form) and fill in the NIF field in the order form. In any other case, the invoice cannot be issued.

8. RETURNS AND RIGHT OF WITHDRAWAL

The buyer has the right to withdraw from this contract within a period of 14 calendar days without the need for justification. Returns of orders placed on teashop.com are not accepted or processed in physical stores. Withdrawal must be processed exclusively through pedidos@teashop.es.
The withdrawal period will expire 14 calendar days from the day the buyer, or a third party indicated by the buyer (and always different from the carrier), acquired physical possession of the goods.

To exercise the right of withdrawal, the buyer must notify TEA SHOP by email to the following address pedidos@teashop.es, indicating to TEA SHOP the following details:

(i) Name and address.

(ii) Order number.

(iii) Unequivocal intention to withdraw.

To meet the withdrawal deadline, it is sufficient that the communication regarding the buyer’s exercise of this right is sent before the corresponding period expires.

Consequences of withdrawal: In the event of withdrawal by the buyer, TEA SHOP will reimburse all payments received with the order, including delivery costs (with the exception of additional costs resulting from the buyer’s choice of a delivery method different from the standard method offered by teashop.com, and once the direct return costs are deducted, as indicated below) without undue delay and, in any event, no later than 14 calendar days from the date on which TEA SHOP is informed of the buyer’s decision to withdraw from this contract.

In any event, the buyer must bear the direct cost of returning the goods. For returns from Spain, it is estimated that this cost amounts to approximately €3.90, and for returns from outside Spain, this cost amounts to approximately €10.00.

TEA SHOP will carry out the reimbursement using the same means 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 provided proof of return of the goods, whichever condition is met first. Once the buyer’s withdrawal communication has been received, TEA SHOP will arrange collection of the order at the address specified by the buyer without undue delay and, in any case, no later than within 14 calendar days from the date on which the buyer’s decision to withdraw from the contract is communicated to TEA SHOP.

The buyer will only be liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

A model withdrawal form is indicated below:

– For the attention of TEA SHOP, Calle Córcega, 329 – 7º 3ª – 08037 Barcelona, teashop@eastwestcompany.com

– I hereby inform you that I withdraw from my contract of sale for the following good:

– Ordered on/received on (*)

– Name of the consumer and user or of the consumers and users

– Address of the consumer and user or of the consumers and user

– Signature of the consumer and user or of the consumers and users

– Date

(*) Cross out what does not apply

9. CUSTOMER SERVICE

Your opinion is essential for TEA SHOP. If you have any suggestion, question or comment, TEA SHOP provides you with a contact form and we will reply within a maximum of 4-5 business days. Click here.

10. HOME DELIVERY SERVICE

10.1. PREPARATION AND TRAVEL FEE

Costs for handling, packaging, preservation, transport and delivery of the order whose destination is mainland Iberia and the Balearic Islands are €3.90 (THREE EUROS AND NINETY CENTS) per order; this fee shall not apply to shipments whose final amount exceeds €20.00 (TWENTY EUROS) per order.

The same costs for handling, packaging, preservation, transport and delivery of the order whose destination is the rest of the delivery area, not including mainland Iberia and the Balearic Islands, are €10.00 (TEN EUROS) per shipment; this fee shall not apply to orders whose final amount exceeds €45.00 (FORTY-FIVE EUROS) per order.

10.2. ORDER TRACKING

The customer may at all times know the status of their order. They will receive an SMS and an email when the order leaves our warehouse. For this purpose, TEA SHOP provides you with a contact form and we will reply within a maximum of 2-3 business days. Click here.

10.3. ORDER DELIVERY TIMES

The order may be delivered to the address indicated by the customer for this purpose from Monday to Friday (except public holidays). Municipal regulations on road traffic in the Old Town of some localities restrict vehicle traffic to specific time slots.

10.4. DELIVERY OF THE ORDER

TEA SHOP undertakes to deliver the goods purchased by the customer to the Buyer’s address, indicated for this purpose in the order form (products will not be delivered to P.O. boxes or public places), within the period indicated for each product and, in any case, always before thirty (30) calendar days from the date the order is placed. Normally the order will be delivered within 24-72 business hours, but during peak periods (e.g. Black Friday), shipments may be delayed up to the period indicated above.

If the buyer cannot be present at the time of delivery, the order will be delivered to any other person at the indicated address who is over 18 (EIGHTEEN) years of age.
TEA SHOP understands that the customer or buyer who placed the order authorizes the person who is at home at that time to collect the order on their behalf. Therefore, it is the sole responsibility of the customer to authorize a third party to receive and accept the purchase at the delivery address.
The delivery will be made to the address indicated by the customer, and the recipient must sign the corresponding delivery note. If the product arrives damaged due to transport, the customer must indicate this on the carrier’s delivery note and contact TEA SHOP Customer Service within 24 hours of receipt in order to make a claim. After this period TEA SHOP will not be responsible for any claim for this reason. The courier will deliver a delivery note/ purchase receipt/ invoice which must be signed by the buyer. Delivery term: 3 days by the transport company.

10.5. DELIVERY AREAS

This home delivery service currently covers: mainland national territory and the Balearic Islands, as well as European Union countries. All EU territories where Value Added Tax does not apply directly are excluded, for example the Canary Islands, the Azores Islands, Monaco, Switzerland and the Faroe Islands. Malta and Cyprus are also excluded.

11. INTELLECTUAL AND INDUSTRIAL PROPERTY AND OTHER RIGHTS

TEA SHOP is the exclusive owner of all intellectual property, industrial property and similar rights that may apply to the Website. Likewise, TEA SHOP reserves all rights over any Content, Services or elements of its property that may be incorporated into the Website, including, by way of example and without limitation: the elements that make up the visual appearance and graphic image of the web pages that make up the Website; the navigation architecture; the source codes of the web pages; photographs, recordings, computer programs, databases, technology, logos and distinctive signs.

Users are not authorized to copy, distribute (including emails and Internet), transmit, communicate, modify, alter, transform, assign or, in any other way carry out activities involving the commercial use of the Website, its pages, Contents or the elements that comprise it, whether partially or totally, without the express written consent of the legitimate holder of the exploitation rights.

Access, viewing and, where appropriate, downloading of the Contents and/or Services shall always be carried out strictly for personal and non-commercial purposes.

11.1. ASSIGNMENT TO THIRD PARTIES

The user may not assign, transfer, encumber or subrogate in favor of third parties the rights and obligations established in these General Terms and Conditions and, where applicable, in the Particular Conditions.
TEA SHOP may assign, transfer, encumber or subrogate to third parties, in whole or in part, the rights and obligations assumed under the contractual relationship set out herein, as well as the contractual position to any third party, it being understood by means of this clause that the user grants sufficient authorization to this effect.

12. APPLICABLE LAW AND JURISDICTION

These General Terms of Use, the relationship between TEA SHOP and the User in relation to them as well as any issues arising from access to and/or use thereof shall be governed and interpreted in accordance with Spanish law and shall be subject to the competent Courts and Tribunals.

If the user is domiciled outside Spain, TEA SHOP and the user submit, expressly waiving any other jurisdiction, to the competent Courts and Tribunals in the Kingdom of Spain.

13. SHIPPING GUARANTEE

13.1 MINIMUM PURCHASE

At Tea Shop there is no minimum purchase.

13.2 PREPARATION AND TRAVEL FEE

Costs for handling, packaging, preservation, transport and delivery of the order whose destination is mainland Iberia and the Balearic Islands are 3.90 (THREE EUROS AND NINETY CENTS) per order, this fee not applying to shipments whose final amount exceeds 20.00 (TWENTY EUROS) per order. The same costs for handling, packaging, preservation, transport and delivery of the order whose destination is the rest of the delivery area, not including mainland Iberia and the Balearic Islands, are 10.00 (TEN EUROS) per shipment, this fee not applying to orders whose final amount exceeds 45.00 (FORTY-FIVE EUROS) per order.

TeaShop provides you with a contact form and we will reply within a maximum of 4-5 business days. Click here.

13.4 ORDER DELIVERY TIMES

The order may be delivered to the address indicated by the customer for this purpose from Monday to Friday (except public holidays).

13.5 DELIVERY OF THE ORDER

The delivery will be made to the address indicated by the customer, and the recipient must sign the corresponding delivery note. If the product arrives damaged due to transport, the customer must indicate this on the carrier’s delivery note and contact TEA SHOP Customer Service within 24 hours of receipt in order to make a claim. After this period TEA SHOP will not be responsible for any claim for this reason. The courier will deliver a delivery note/ purchase receipt/ invoice which must be signed by the buyer. Delivery term: 3 days by the transport company.

13.6 DELIVERY AREAS.

This home delivery service covers:

Mainland national territory and the Balearic Islands, as well as European Union countries. Excluded are: the Canary Islands, the Azores Islands, Ceuta, Melilla, Cyprus, Monaco, Switzerland, Malta, Cyprus, the United Kingdom, Ireland and the Faroe Islands.

14. LOYALTY CLUB

Tea Shop offers consumers the benefits of the Tea Club, a loyalty club, through which the customer may redeem prizes and benefits*.

(*The Narváez, Arturo Soria and Rivas Futura stores are exempt from the Digital Loyalty Club).

14.1 HOW DOES IT WORK?

Tea Shop will grant the customer one stamp for every €10 of purchase provided that the customer is part of the club and accepts its communications. These stamps accumulate in their personal account, and may be redeemed in less than one year. This gift is NOT cumulative with other promotions, unless expressly stated.

Once the 12 boxes are stamped, you will receive a Tea Shop gift. The stamp card expires one year after the first stamp obtained. Once completed, we will inform you by email and you will have up to 30 days to redeem your gift. If the card is not redeemed within 30 days, the stamps and the card expire.

* Club customers are considered to be all those with email and DNI, except HORECA customers

14.2 BENEFITS

1. We reward your loyalty: With 12 accumulated stamps you receive a gift (100g of tea*).

2. Welcome reward: For signing up you receive an additional stamp, free!

3. Happy Birthday!: 10% discount on a single purchase made in the 15 days prior to the Tea Club member’s birthday.

4. Exclusive offers for Tea Shop Club members: Special promotions, event reservations, and workshops with a special price of €10.

5. Tea Bar Go Natural: Special price of €1.50.

6. Exclusive Tea Club information for members

7. Special Days: Moments with special benefits. Season preview, Sales…

(*) Excluding teas priced above €12/100g

14.3 EXPIRATION

The card is valid for 12 months from the customer sign-up start date, but once completed, the customer has 30 days to redeem it for their gift.

14.4 WHAT DOES THE LOYALTY CLUB REQUIRE?

In order to apply these additional discounts, Tea Shop must collect the customer’s personal data.

15. LEGAL WARRANTY

For purchases made from 1 January 2022 onwards, TEA SHOP will be responsible for any lack of conformity that exists at the time of delivery and becomes apparent within a period of three years from delivery. Unless proven otherwise, it will be presumed that any lack of conformity that becomes apparent within two years following delivery of the good already existed when the good was delivered, except where for the goods this presumption is incompatible with their nature or the nature of the lack of conformity.

For purchases made before 1 January 2022, TEA SHOP is responsible for any lack of conformity that becomes apparent within a period of two years from delivery. Unless proven otherwise, it will be presumed that any lack of conformity that becomes apparent within six months of 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 case, and in the event that the good is not in conformity with the contract, the consumer will be entitled to replacement or repair of the good, unless one of these two options is not possible or, compared with the other corrective measure, entails disproportionate costs for TEA SHOP, taking into account all the circumstances. Corrective measures to bring the good into conformity will be free of charge for the consumer, will be carried out within a reasonable time and will be performed without further inconvenience for the consumer.

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

16. 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. COMPLAINTS

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