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Terms & Conditions

1. Introduction

Welcome to Leaf & Flora, your premier destination for exploring distinctive loose teas and high-quality teaware. By accessing and using our website at www.leafandflora.com, you agree to adhere to the following terms and conditions which form a binding legal agreement between you and Leaf & Flora. These terms are designed to ensure a clear understanding of the rules governing our interactions and to protect both your rights as a consumer and our rights as a business. Please read them carefully before making a purchase or using our services.

 

2. Definitions

  • "We," "us," or "our" refers to Leaf & Flora, a company registered in the Netherlands.

  • "Site" refers to our website located at www.leafandflora.com, which serves as one of the channels through which we engage in retail and provide information about our products.

  • "Product" refers to any loose teas, teaware, or related accessories available for purchase through our site and at our offline selling locations.

  • "User," "you," or "your" refers to anyone who visits, browses, or makes purchases through our site, as well as those engaging with us through our physical sales channels.

  • "Services" includes all the activities provided through our site, encompassing sales, customer support, and information distribution related to our products.

  • "Account" denotes a personalized registration enabled on our site that allows you to order products, track shipments, and receive updates.

  • "Order" represents a commitment made by you to purchase our products in accordance with the terms set out on our site and in these Terms and Conditions.

 

3. Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the Netherlands, without giving effect to any principles of conflicts of law. By using our services, you agree that any dispute arising from or relating to the use of the website or any products purchased from Leaf & Flora shall be subject to the exclusive jurisdiction of the competent courts in the Netherlands.

 

4. Use of the Website and Account Management

User Accounts

  • Account Creation: To fully utilize the features offered by our website, such as placing orders and accessing personalized services, users must create an account. You are required to provide accurate and current information during the registration process and to update such information as necessary.

  • Account Responsibility: You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password.

Prohibited Activities

  • General Prohibitions: Users are prohibited from using the site to:

    • Conduct any activity that is illegal under Dutch law or the laws of your country of residence.

    • Infringe on the intellectual property rights of others or on the privacy rights of others.

    • Upload, post, or transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.

    • Harm minors in any way.

    • Manipulate identifiers in order to disguise the origin of any content transmitted through the site.

    • Engage in any activity that interferes with or disrupts the services or servers or networks connected to the services.

  • Specific Prohibitions Related to Products: Users may not resell or otherwise exploit any product purchased through our site for commercial purposes without obtaining a license to do so from us.

 

5. Products and Services

Product Descriptions and Availability

  • Descriptions: We strive to ensure that all product descriptions on our website are accurate and up to date. However, we do not warrant that these descriptions are error-free, complete, reliable, or current. If a product offered by us is not as described, your sole remedy is to return it in unused condition.

  • Availability: Our products are subject to availability. While we make every effort to keep our stock levels updated, there may occasionally be discrepancies. If we are unable to fulfill your order due to unavailability, we will notify you via email, and you may choose to wait for the item to become available or to cancel your order.

Pricing and Payments

  • Pricing: Prices for products are quoted on our site and may change from time to time, but changes will not affect orders that have already been confirmed through the issuance of an Order Confirmation.

  • Taxes: All prices are inclusive of legally applicable VAT. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay unless you have already paid for the products in full before the change in VAT takes effect.

  • Payment Methods: We accept various methods of payment as indicated on our site at the time of payment. We reserve the right to change these payment methods at any time.

  • Security: All online transactions are secured using industry-standard encryption technology. It is your responsibility to ensure that the payment details you provide are correct and complete; we are not responsible for supplying goods if the information you submit is incorrect or incomplete.

Transactions

  • Order Acceptance: Your order represents an offer to us to purchase a product which is accepted by us when we send you an email confirming that the product has been dispatched (the 'Order Confirmation'). The contract between us is formed only when we send you the Order Confirmation.

  • Refusal of Transaction: We reserve the right to withdraw any products from our website at any time and/or remove or edit any materials or content on our website. We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any product from this website, whether or not that product has been sold; removing or editing any materials or contents on the website; or refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

 

6. Order Processing

Order Placement

  • Order Confirmation: When you place an order on our site, you will receive an automatic email acknowledgment. This acknowledgment does not constitute acceptance of your order. Your order is accepted and a contract is formed only when we send you an Order Confirmation email stating that your order has been dispatched.

  • Order Accuracy: It is your responsibility to ensure that the order details, including the shipping address and contact information, are accurate. We are not responsible for orders that fail to arrive due to incorrect or incomplete information provided during the ordering process.

Shipping and Delivery

  • Shipping Policies: We offer shipping to the Netherlands, Germany, Luxenbourg and Belgium. Shipping costs will vary based on the destination and will be displayed at checkout.

  • Delivery Times: Delivery times are estimates and commence from the date of shipping, rather than the date of order. While we make every effort to ensure that your products reach you within the estimated times, delays may occasionally occur. We are not liable for any delays caused by postal or shipping companies.

Cancellations, Returns, and Refunds

  • Cancellations: Orders can be cancelled up until the point of shipping without any penalty. Once the order has been shipped, it cannot be cancelled, but you may return the products according to the returns policy below.

    • Returns of Non-Perishable Items: Non-perishable items like teaware can be returned within 14 days of receipt, provided they are in new and unused condition with all original packaging intact. Customers are responsible for the cost of return shipping.

    • Returns of Perishable Items: Due to the perishable nature of tea, we accept returns only if the product is faulty or not as described. If you receive such a product, please contact us within 48 hours of delivery to arrange for a return and refund. The product must be returned in the same condition as you received it.
      For unopened tea packages, returns are allowed within 14 days of receipt. The delivery fee for the return must be covered by the consumer.
      Once the tea's direct contact packaging is opened, returns will not be accepted due to food hygiene risks.

  • Refunds: Refunds for cancelled orders will be processed within 7 days of the cancellation request. For returns, refunds will be processed within 7 days of receiving the returned item and confirming the condition. Refunds will be issued to the original method of payment.

 

7. Intellectual Property

  • Ownership and Rights: All content published and made available on our site, including texts, logos, graphics, images, software, video and audio, and the design, selection, and arrangement thereof, is the exclusive property of Leaf & Flora or is used with the permission of the rightful owners. These contents are protected by intellectual property laws under both Dutch and international statutes.

  • Use of Material: The materials on our website are provided for personal, non-commercial use only. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify any content from our site in any way without our prior written consent. Unauthorized use of any materials from our site may constitute a violation of copyright, trademark, or other intellectual property laws.

  • Trademark Information: The trademarks and logos displayed on our site are registered and unregistered trademarks of Leaf & Flora, its affiliates, or third parties. Nothing in these Terms and Conditions should be construed as granting any license or right to use any trademark without the prior written permission of the owner of the trademark.

 

8. Disclaimers and Limitation of Liability

Disclaimers

  • General: The website and all information, content, materials, and services included on or otherwise made available to you through our website are provided by Leaf & Flora on an "as is" and "as available" basis, unless otherwise specified in writing. Leaf & Flora makes no representations or warranties of any kind, express or implied, as to the operation of the services or the information, content, materials, or products included on our website.

  • Functionality: Leaf & Flora does not warrant that the website, its servers, or email sent from us are free of viruses or other harmful components.

Limitation of Liability

  • General: Leaf & Flora will not be liable for any damages of any kind arising from the use of our website or from any information, content, materials, products, or services included on or otherwise made available to you through our site, including but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.

  • Indemnification: You agree to indemnify, defend, and hold harmless Leaf & Flora, its directors, officers, employees, consultants, agents, and affiliates from any and all third-party claims, liability, damages, and/or costs (including, but not limited to, legal fees) arising from your use of our website or your breach of these Terms and Conditions.

 

9. Privacy Policy

  • Information Collection and Use: At Leaf & Flora, we are committed to protecting your privacy. We collect personal information such as names, contact details, and payment information when you register on our site, place an order, subscribe to our newsletter, or participate in other site features. The information collected is used to process transactions, deliver products, manage your account, and, if you opted in, to communicate with you about products and promotions.

  • Data Sharing: We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information unless we provide you with advance notice, except as described herein. The term "outside parties" does not include Leaf & Flora. It also does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential.

  • Third-Party Links: Occasionally, at our discretion, we may include or offer third-party products or services on our website. These third-party sites have separate and independent privacy policies. We, therefore, have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.

  • User Rights: Users in the European Union have specific rights under the General Data Protection Regulation (GDPR), including the right to access, correct, delete, or transfer personal data and the right to withdraw consent for data processing. Users can exercise these rights by contacting us directly.

 

10. Changes to Terms and Conditions

  • Amendment Procedures: We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes constitutes acceptance of those changes.

  • Notification: If we make significant changes to these Terms and Conditions, we will notify you either through the email address you have provided us or by placing a prominent notice on our website.

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