Terms And Conditions
Last updated: 03.05.2018
Please read this page carefully (completing any order with www.varieteas.co.uk constitutes “acceptance” of our terms) If you do not wish to accept these, please do NOT order from the website.
You should print a copy of this page or save them to your computer for future reference. From time to time, this page will be amended and updated. Every time you wish to place an order with us, please check this page to ensure you understand the terms which will apply at the time.
These terms and conditions, and any Contract between us, are only in the English language.
The contents of this page shall be governed by and construed in accordance with English law. Any disputes relating to these terms and conditions shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
1.Information about Us
1.1.We are Brew Roulette (Varietea), a company registered in England and Wales under company number 09636119.
1.2. Our registered office address is: The Old Pumping Station, Great Northern Terrace, Lincoln, LN5 8HN. (Brew Roulette: “we”, “our” or “us”).
1.3. You can contact us in the following ways:
Post: Brew Roulette (Varieteas), Enterprise@Lincoln Building, University of Lincoln, Brayford Pool, Lincoln, LN6 7TS.
2. Use of Website
2.1 Terms of website use
website includes accessing, browsing, or registering to use our Website
2.2 Changes to our Website
2.2.1. We may update our website from time to time, and may change the content at any time. However, please note that any of the content on our website may be out of date at any given
time, and though we take all reasonable effort to ensure everything is correct, we are under no obligation to update it.
2.2.2.We do not guarantee that our Website or any content on it, will be free from errors or omissions.
2.3.Accessing our Website
2.3.1. Our website is made available free of charge
2.3.2. We do not guarantee that the Website availability will be available at all times or uninterrupted. Access is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Website without notice. We will not be liable to you if our Website is unavailable at any time.
2.3.3. You are responsible for making all necessary arrangements for your to have access to our Website
2.3.4. You are also responsible for ensuring anyone accessing our Website through your internet connection are aware of these terms, and that they comply with them.
2.4. Your Account
2.4.1. If you choose, or you are provided with a user name, password or any other piece of information as part of our security procedures, you must treat it as confidential and never disclose it to any third party.
2.4.2. Brew Roulette will never ask you for your password.
2.4.4. If you know or suspect that a third party knows your username or password you must promptly notify us via email (email@example.com).
2.5. Intellectual Property Rights
2.5.1. We are the owner or the licensee of all intellectual property right on our Website and all material published on it. Those works are protected by copyright laws and treaties worldwide. 2.5.2. All such rights are reserved.
2.5.3. You may print off one copy and download extracts of any page(s) from our Website for your personal use and you may draw the attention of others within your organisation to content provided on our Website.
2.5.4. You must not modify any printed or digital copies of the material you have printed or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics individually without any accompanying text.
2.5.5.Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged.
2.5.6. You must not use any part of the content on our Website for commercial use without obtaining a licence to do so from us or our licensors.
2.5.7. If you use any part of our Website in breach of these terms, your right to use our Website will stop and you must return or destroy any copies of the materials you have made.
2.6. No reliance on information
2.6.1. The content provided on our Website is for information only. It is not intended to amount to advice on which you should rely. If required, you must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website.
2.6.2. Although we make reasonable efforts to update the information on our website, we make no guarantees whether implied or express, that the content on our website is accurate, complete or up to date.
2.7.1. Despite all reasonable efforts, we do not guarantee that our Website will be secure or free from bugs or viruses.
2.7.2. You are responsible for ensuring you have adequate anti-virus software on the device or computer used to access the website.
2.7.3. You must not transmit any worms, viruses or any code of a destructive nature through the website, or in communications with the company.
2.8. Linking to our website
2.8.1. You may link to our home page, provided you do so in a fair and legal way, and does not damage, or take advantage of, our reputation
2.8.2. You must not establish a link to our Website suggesting any form of association, approval or endorsement on our part where none exists.
2.8.3. You must not place a link to our website in any website that is not owned by you.
2.8.4. Our website must not be framed on any other site, nor may you create a link to any part of our website other than the home page
2.8.5. We reserve the right to withdraw linking permission without notice.
2.8.6. If you wish to make any use of content on our Website other than that set out above, please contact firstname.lastname@example.org.
2.9. Limitation of our liability
2.9.2. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Website or any content on it, whether express or implied.
We will not be liable to any user for any loss or damage whether in contract, tort (including negligence), breach of any statutory duty, or otherwise, even if foreseeable, arising under or in conjunction with:
use of, or inability to use, our Website
use of, or reliance on, any content displayed on our Website
2.9.3. If you are a private consumer, please note that we only provide our Website for domestic and private use. You agree not to use our Website for any commercial or business purpose, and we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
2.9.4. We hold no responsibility for the content of external websites linked on our Website. Such a link should not be interpreted as endorsement by us as endorsement of us to those linked websites. We will not be liable for any loss or damage incurred by you using them. These links are provided for information only.
2.9.5. We will not be held liable for any loss or damage that occurs due to any technological harmful material that may infect your computer equipment, programmes, data or other proprietary material due to your use of our Website or any content downloaded onto it.
3. Terms of Supply
These conditions tells you information about Varietea and the legal terms and conditions (“Terms”) under which we sell products listed on our website www.varieteas.co.uk (the “Website”). These terms also apply to your membership with us.
These terms will apply to any contract between us for the sale of products to you (“Contract”). Please make sure you read these Terms carefully and make sure you understand them before ordering any Products from the Website. By ordering any of our Products you agree to be bound by these Terms.
3.1. Our Products
3.1.1. We sell our products in three different ways; either an ongoing monthly subscription, a fixed term subscription or a one off purchase.
3.1.2. The images of the Products on the Website are for illustrative purposes only. The Products you receive may vary slightly from those images.
3.1.3. The packaging of the Products may vary from that shown on images on the website.
3.1.4. All Products shown on the website are subject to availability. If we are unable to fulfil your order, we will inform you by e-mail as soon as possible and we will not process your order.
3.1.5. Time is not of the essence for any obligation in this agreement.
3.1.6. ·On the lid of each product in your box, we provide a list of the product’s ingredients. We also say if a product contains any of the following ingredients/substances which may cause allergies or intolerances:
· Cereals containing gluten and gluten products;
· nuts (i.e almond, hazelnut, walnut, cashew, pecan nut, brazil nut, pistachio nut, macadamia nut and queensland nut);
· sesame seeds;
· soya or soybeans;
3.1.6. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Product, or any Contract on the website through which the service is provided, without express written permission from us.
3.2 Price of Products and Delivery Charges
3.2.1. The prices of the Products will be as quoted on the Website at the time you submit your order. The cost as displayed on the Website is without shipping.
3.2.2. Where shipping costs apply, these will be highlighted at the check-out stage, prior to you placing your Order.
3.2.3. We take all reasonable care to ensure that the prices displayed on the Website are correct. However if a mistake is made, it will be corrected as soon as possible, and customers who have placed orders for Products will be contacted.
3.2.4. We will normally check prices are part of our dispatch procedures so that:
3.2.5. Where the Product’s correct price is less than the price stated on the Website, we will charge you the lower amount when dispatching the Products to you. However, if the pricing error is obvious and unmistakable and could have reasonable been recognised by you as mispricing, we do not have the provide the Products to you at the incorrect (lower) price; and
3.2.6. If the Product’s correct price is higher than the price stated on the Website, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
3.2.7. Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.
3.3. How the contract is formed between you and us
3.3.1.Our website will guide you through the steps you need in order to place an order with us. Please ensure you check your order at each page of the order process.
3.3.2. After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean you order has been accepted.
3.3.3. Once your order has been accepted, this will be confirmed by sending you an e-mail (“Dispatch Confirmation”). The Contract between us will only be formed when we send you the Dispatch Confirmation.
3.3.4. If your order is not accepted due to stock availability or because of an error in the price on the website, we will inform you and not process your order. If you have already paid for the order, we will refund it as soon as possible.
3.3.5. We reserve the right to cancel or limit orders to the same billing/postal address, credit card, debit card etc. where it appears, in our sole judgement, the orders are being placed by dealers, re-sellers or distributors.
3.4. How to Pay
3.4.1. We accept Mastercard, American Express or Visa debit and credit cards.
3.4.2. Payments via the Website are powered by Stripe, a secure payment platform. More information about them can be found at: https://stripe.com/gb
3.4.3 Payment for the Products is in advance. From April 1st 2019 all renewal orders will be billed on the 1st of every month.
3.4.4. By submitting an order on the website, you consent to payment being charged via the means you choose for the duration of the Contract. For one-off purchases, the payment method will only be charged once.
3.4.5. By submitting an order for the monthly subscription box, you are agreeing to receive one box a month, and for your card to be charged on a recurring monthly basis, until either party cancels the subscription.
3.5. Voucher conditions
3.5.1. Unless stated otherwise, promotions for free or discounted Products are available to customers ordering from Varietea for the first time.
3.5.2. Discounted and introductory offers are only available once to any one person and a maximum of one promotional voucher code can be redeemed per household.
3.5.3. Subsequent attempts to use promotional vouchers by the same person at any address, or by another person at the same address, are not permitted.
3.5.4. A voucher may only be used once and may not be copied, reproduced, distributed or published in any form without prior express permission in writing from a member of the Brew Roulette team.
3.5.5. We reserve the right to suspect or cancel promotions at any time.
3.5.6. Details of a valid debit or credit card are required for payment to be taken.
3.5.7. We reserve the right to reject the use of a voucher if we have reason to suspect these Terms have been breached.
3.6. Delivery via Royal Mail
3.6.1. The Products will be delivered to you at the delivery address you provided during the order process. You may change the address before dispatch by e-mailing us with the new/correct address.
3.6.2. When purchasing Products for delivery, you agree that all information provided is accurate and to notify us if there are any changes to your personal details.
3.6.3. All delivery dates are estimates and we cannot guarantee specific deadlines. Delivery delays caused by Royal Mail are outside of our control and we are therefore unable to accept accountability or offer any refund. Time is not of the essence of the Contract between you and us.
3.6.4. Brew Roulette shall not be liable in respect of any delay in delivery for whatever reason.
3.6.5. The Product becomes your responsibility when Royal Mail deliver it to your address.
3.6.6. If an order is returned to us because of either an incorrect address, refusal to accept the delivery or failure to acknowledge cards left by Royal Mail, you will be responsible for any additional redelivery costs incurred or we can issue a full refund once we have received the goods back. We reserve the right not to contact you in case of a returned order.
3.6.7. If your Products haven’t arrived within 5 working days of the estimated delivery date, then contact us via e-mail to: email@example.com.
3.7. International Delivery
3.7.1. It is possible for us to send deliveries internationally.
3.7.2. When sending internationally, additional delivery, customs and currency conversion charges may apply, which you will be responsible for.
3.7.3. If you have any queries for Products being sent internationally, please contact us on firstname.lastname@example.org.
3.8. Events outside our Control
3.8.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside our Control.
3.8.2. An Event Outside Our Control means any act or event beyond our reasonable control, including without limitations: strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure or public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means or public or private transport.
3.8.3. In an Event Outside Our Control takes place that affects the performance of our Obligations of the Contract, we will notify you as soon as reasonably possible.
3.8.4. We may need to suspend our obligations under the contract, and our timed performance clauses will be extended for the duration of the Event Outside Our Control.
3.8.5. Where this event affects our delivery of products to you, we will arrange a new delivery date with you as soon as reasonably possible.
3.9. Your Right of Return and Refund
3.9.1 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts Regulations 2013. This means during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product you can notify us of your decision to cancel your Contract and receive a refund.
3.9.2. This cancellation right does not apply in the following cases:
– If the products have been opened or used
– If you have ordered a custom-made product or product made to your specification or has been clearly personalised
– Products that are not suitable for return due to health protection or hygiene, for example if the goods have become unsealed after delivery or have perished
– Any Products which have become mixed inseparably with other items after their delivery; or
– Any other category excluded by the Consumer Contracts Regulations 2013.
3.9.3. If you decide to cancel any purchase within the 14-calendar day cooling-off period, you may do so and receive a full refund of any monies paid. If you change your mind, any return postage will be paid by you. Any Products received must be returned to us within 14 days of cancellation.
3.9.4. If you cancel a Contract for a 3, 6 or 12-month subscription outside the 14 calendar day cooling off period, and before the end of the subscription, no refund will be provided and you will continue to receive the Product until the end of the pre-agreed subscription period.
3.9.5. If you decide to cancel a rolling subscription outside the 14-day cooling off period, you will need to provide 1 month’s written notice to either our e-mail or postal address. The cancellation is effective from when you send the e-mail or letter.
3.10. Our liability to consumers
3.10.1 If we fail to comply with these Terms, we are responsible for loss or damage that you suffer that is a foreseeable result of our breach or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss of damage is foreseeable if there were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
3.10.2 We only supply the Products for domestic and private use. You agree nt to use the product for any commercial, business or re-sale purposes and we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
3.10.3. We do not in any way exclude or limit our liability for:
– Death or personal injury caused by our negligence;
– Fraud or fraudulent misrepresentation
– Any breach of the terms implied by the Consumer Rights Act 2015 (description, satisfactory quality and fitness for purpose); and
– Faulty products under the Consumer Rights Act 2015.
3.10.4. Our total liability to you in respect of all other losses arising under or in conjunction with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstance exceed £100 or 300% of the price of the Products, whichever is lower.
3.11 Other important terms
3.11.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
3.11.2 You may only transfer your rights or obligations under these Terms to another person if we agree in writing.
3.11.3 This contract is between you and us. No other person (unless agreed as above) shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
3.11.4 Each part of these Terms operates separately. If an English or Welsh court or relevant authority rules that any of them are unlawful or unenforceable, the remaining paragraphs will remain in force and effect.
3.11.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not, or if we delay to enforce our rights against you, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
3.12.1 If you have a complaint please contact us on the following email address: email@example.com.
Protecting your personal data is very important to us at Varietea. This section of the Terms sets out which personal data we collect from you, or that you provide to us, and how it will be used by Varietea.
4.1. Information we may collect about you
4.1.1. We may collect and process the following data about you:
Information you provide by filling in forms on our website. On signing up, we ask you to fill in a form containing your name and contact details, delivery address and debit or credit card details. By providing this information, you consent for us to use them to the extent required to fulfill our services to you.
Following sign up, we keep a record of all billings and deliveries made to you. This helps us to troubleshoot if, for example, your delivery is lost in the post.
If you contact us, a record of that contact may be held
Responses to any customer research.
Device specific information
Details of your visits to our website
4.1.2. We will hold the information for as long as is required to provide you with requested services, deal with any specific issues you may experience, or otherwise as required by law or any relevant regulatory body.
4.2. Information we may collect about others
4.2.1. We may collect and process data about others that you provide us with. This data will be collected and processed from information you provide us with through the website.
4.2.2. An example of this is if you purchase a gift for a third party. We will collect and process both your data, and that of the recipient.
4.2.3. By providing this data, you represent and warrant to us that you have obtained the express content from the individuals you are providing data about.
4.2.4. Throughout this policy, any reference to your data shall include data about other individuals that you have provided.
4.3. IP Addresses
4.3.1. Information about your computer may be collected while you are using our website. This may include your IP address, operating system and browser type, for system administration.
4.3.2. This is statistical information about our users’ browsing actions and patterns.
4.3.3. No information provided through this can identify any individual.
4.3.4. This practice is common and fundamental to most online businesses. It helps us understand how our website is being used, and aids knowledge in how to improve.
4.4. Where your information is stored
4.4.1. Your data is stored in the European Economic Area (EEA) but may be transferred to and stored at a destination outside the EEA. It may also be processed by staff outside of the EEA. By submitting your personal data, you agree to this transfer, storage and processing.
4.4.2. Your passwords are stored on our servers in encrypted form. Your account details will not be disclosed to any third party unless we are legally required to do so.
4.4.3. Sensitive information between your browser and our website is transferred in an encrypted form using Secure Socket Layer (SSL). When sensitive information is being transmitted, you should always make sure your browser can validate the relevant certificates.
4.4.4. You should take all precautions to keep your password secure. The transmission of information by the internet is not completely secure, and though we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our website. Any transmission of data is at your own risk. Once your information has been received by us, we will use strict procedures and security features to make all reasonable efforts to try and prevent any unauthorised access.
4.5. How your information is used
4.5.1. The information about you that is held by us is used in the following ways:
To provide your with our services
To ensure you receive information relevant to you
To ensure you can see the content on our website in the most effective way for you and the device you are using
To notify you about changes in our service.
4.6. Disclosure of your information
4.6.1. We may disclose your personal information to any partner of Varietea and/or a member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries as explained in section 1159 of the UK Companies Act 2006.
4.6.2. We may disclose your personal information to third parties in the following circumstances:
If we sell or buy any business or assets
If Varietea or substantially all of its assets are acquired by a third party
If we are under a duty to disclose or share your personal data in order to comply with any legal obligation or to protect the rights, property or safety of Varietea, our customers or others. this includes exchanging information with other companies and organisations for the purposes of fraud protection.
4.7.1. Cookies may be used on this website for functions such as keeping you logged in and ensuring your shopping basket is up to date. Others may apply. Cookies can be turned off in your internet browser, if you do not give permission for us to use them.
4.8. Your rights
4.8.1. You have the legal right to ask us not to process your personal data by contacting us at: firstname.lastname@example.org.
The Data Protection Act 1998 gives you the right to access information held about you by submitting a request in accordance with the act.