- You are legally capable of entering into any binding contract;
- You are at least 18 years old and above; and
- You are not in any way prohibited by the applicable law, in the jurisdiction that you are currently located, to enter into these Terms.
Terms & Conditions
Welcome to ‘The Kettlery’ - a registered trademark of CPK Food and Beverages Pvt Ltd (‘Company’).The Website is owned and managed by CPK Food and Beverages Pvt Ltd (‘The Kettlery’); a company registered in India as company number U15400GJ2013PTC075626, having its registered address at 607 Iscon Elegance, Prahaladnagar, Ahmedabad 380015, Gujarat, India. The Company is authorized to use www.thekettlery.com (‘Website’) for commercial purposes by virtue of a Platform License Agreement. This document sets out the terms on which CPK Food and Beverages Pvt Ltd (thekettlery) provides you with access to www.thekettlery.com
Please read these terms carefully before using the Website.
In order to use to the Website, you warrant that:
1.3 The Kettlery reserves the right to terminate your access to the Website, without any advance notice.
1.4. You may contact us by email at firstname.lastname@example.org by writing to The Kettlery’s Customer Support at the postal address mentioned above.
2. Copyright and Intellectual Property
2.1 The content of the Website and including but not limited to the texts, marks, logos, diagrams, photographs, videos, sounds, music, layout, designs, know-how, technologies, products, and processes are the property of The Kettlery or are used with the authorisation of the owners, and accordingly are protected by copyright, trademarks, patents and all other intellectual property rights which exist under applicable laws.
2.2 Except as provided in Section 3 hereinafter, nothing contained on the Website shall be interpreted or construed as granting you a license or a right to use any such content of the Website.
3. Use of the Website
3.1 You may download, display or print the content of the Website solely for personal, noncommercial use, thereby retaining and reproducing each and every copyright notice or other proprietary rights notice contained in any information or other material you download. Any other use, including the reproduction, modification, distribution, transmission, or broadcast of the content of the Website, in whole or in part and by any means, is strictly prohibited, except upon prior written
consent of The Kettlery.
3.2 The Kettlery neither warrants nor represents that your use of any content displayed on the Website will not infringe the rights of third parties.
4. Information Deemed Non-Confidential
4.2 Any other information or material communicated to The Kettlery through the Website or the internet, by electronic mail or otherwise, including any data, questions, comments, suggestions, ideas, graphics or the like, are and will be treated as non-confidential and non-proprietary. Anything you transmit or post becomes the property of The Kettlery and may be freely used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Specifically, The Kettlery is free to use any ideas, concepts, know-how, or techniques contained in any such communication you send to the Website for any purpose whatsoever, including, but not limited to, developing, manufacturing, advertising and marketing products using such information. Any such use is without compensation to those providing the information, nor anyone else.
4.3 By submitting information, you are warranting that you own the material/content submitted, that it is not defamatory, and that The Kettlery’s use will not violate any third party’s rights. The Kettlery is under no obligation to use the information provided.
5. Disclaimer of Warranties
5.1 WITHOUT PREJUDICE TO SECTION 6 HEREINAFTER, ANY MATERIAL, INFORMATION AND ALL THAT YOU FIND ON THE WEBSITE ARE FURNISHED TO YOU “AS IS”, IN FUNCTION OF THEIR AVAILABILITY, AND WITHOUT GUARANTY OF ANY SORT, EXPRESS OR IMPLIED, INCLUDING, AMONG OTHERS, THE IMPLIED WARRANTY OF MERCHANTIBILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.
5.2 The Kettlery does not guarantee that the Website or their content will correspond to your expectations, will not be interrupted, timely secure and free of error.
5.3 Some jurisdictions may not allow certain limitations of warranties, so some of the above exclusions may not apply to you.
6. Limitation of Liability
6.1 You access, use, browse and navigate on the Website at your own risk and peril.
6.2 You recognise and accept that, to the fullest extent permitted by the applicable regulations,neither The Kettlery nor any other party involved in creating, producing or delivering the Website may be held liable for any direct, indirect, or consequential damages, injury to reputation, costs,losses, decrease in turnover or profits or liabilities of any nature whatsoever (even if the advent of such damage was known or could have been known by The Kettlery), capable of arising from your access to, or use of, or on the contrary the impossibility to use, the Website or their content.
6.3 All materials which are downloaded or obtained by any other manner during the use of the Website are at your own risk and peril. The Kettlery assumes no liability for any damage or virus which could affect your computer, mobile telephone or other electronic device by reason of your access to, use or downloading of any material from the Website or for any illegal intrusion or intervention in the IT systems.
6.4 The Kettlery reserves the right to interrupt or discontinue any or all of the functionality of the Website. The Kettlery accepts no responsibility or liability whatsoever for any interruption or discontinuance of any or all functionality of the Website resulting from actions or omissions of The Kettlery or any third party.
7. Change of Information
The content of the Website may contain inaccuracies or errors. The Kettlery reserves the right to make changes, corrections and/or improvements to such content any time without prior notice but does not assume any responsibility to do so.
8. Purchases and Availability of Products / Services By completing the online payment form and proceeding with your purchase(s), you consent to The Kettlery conducting verification and security procedures in respect of the information provided in the online form. You hereby warrant that the information provided to The Kettlery is true, accurate and correct. You further warrant that you shall promptly notify The Kettlery in the event of any changes to such information.
Upon the completion and submission of the online payment form, The Kettlery shall send a confirmation email to your email address provided in the online payment form. The Website may contain information on The Kettlery’s worldwide products and services, not all of which are available in every location. A reference to The Kettlery’s product or service on the Website does not imply that such product or service is or will be available at your location.
9.1 As a service to our visitors, the Website may contain hypertext links leading to other websites that are not operated or controlled by The Kettlery. The Kettlery shall not be considered as responsible for these sites and declines all responsibility and liability in relation to their content,legality, accuracy or functions.
9.2 The creation of any hyperlink to the Website is prohibited without prior written consent of The Kettlery.
APPLICABILITY OF GENERAL CONDITIONS OF SALE
1.1 Each order placed with The Kettlery by means of the eCommerce website www.thekettlery.com (“the Website”) shall be governed by the present General Conditions of Sale. They shall apply to the exclusion of all other conditions. By placing an order, you acknowledge that you have read,understood and accepted, without reserve, the present General Conditions of Sale.
1.3 The Kettlery reserves the right, at any time, to modify the present General Conditions of Sale by posting a new dated version on the Website. By placing an order after The Kettlery has posted a new version of its General Conditions of Sale, you agree to be bound by that updated version.
2.1 When you register on either or both of the Website, you must ensure that the mandatory registration information you provide is correct and complete.
2.2 Please inform The Kettlery about changes of address or other modifications by updating your personal details on the Website without delay.
3.1 When registering to use the Website, you will be asked to create a password. You must keep this password strictly confidential and not disclose it or share it with anyone.
3.2 You are fully responsible for the use of your password and any orders placed under it, even if the order is placed without your knowledge.
3.3 If you know or suspect that someone else knows or has used your password, you should notify The Kettlery immediately to cancel your account.
4.1 By placing an order through the Website or the App, you have made an offer to purchase the products you have selected under these General Conditions of Sale.
4.2 The orders you place with The Kettlery on the Website are subject to limitations in the minimum and maximum quantity.
4.3 The Kettlery offers its products on the Website within the limits of its available stocks. All orders are subject to acceptance and availability, and items in your shopping bag are not reserved and may be purchased by other customers until the order confirmation is issued by The Kettlery.
5. Order Confirmations
5.1 The order you place on the Website will not constitute a binding contract unless and until The Kettlery transmits a confirmation by e-mail.
5.2 The Kettlery reserves the discretionary right to refuse orders, notably in relation to creditworthiness or unpaid invoices.
5.3 The data registered by The Kettlery constitutes full proof of the order and the entire transaction. The data registered by the payment system constitutes full proof of the financial transactions.
6.1 Prices shown on the Website are in Indian Rupee (INR).
6.2 If you are a customer whose credit/debit card is not denominated in Indian Rupee (INR), the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.
6.3 The prices payable for the items you order are those displayed on the Website on the date you place your order, inclusive of VAT and CST (Value Added Tax & Services Tax), but excluding delivery charges.
6.4 Delivery charges will be billed at the rates indicated on the Website on the date you place your order, calculated notably in accordance with the size of the order and the delivery method you select.
6.5 The Kettlery reserves the right to modify its prices and delivery charges at any time and to cancel an order in case of writing, printing or calculation errors.
7.1 All orders confirmed by The Kettlery will be delivered to the delivery address you specify when placing your order on the Website.
7.2 The Kettlery will try to dispatch orders within two to three working days after receipt of an order but cannot guarantee it in case of unforeseen circumstances.
7.3 Deliveries can only be made to the countries specified on the Website.
7.4 The Kettlery orders are dispatched using FedEx, Blu Dart or other recognized local courier services for orders within India, and UPS, DHL, FedEx or other recognized courier services for international deliveries.
7.5 The Kettlery requires a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not yourself for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) as evidence of delivery and fulfilment of the order by The Kettlery, and transfer of responsibility in the same way.
8. Verification of Merchandise
8.1 It is your responsibility to verify the quantity and condition of the merchandise upon delivery.
8.2 In case you observe damaged or missing items, you must notify and file a claim with the carrier and inform The Kettlery within 7 days after the delivery. The Kettlery shall in such case provide you with identical replacement merchandise.
8.3 We have made every effort to display as accurately as possible the colours of our products that appear on the Website. However, as computer and mobile phone screens vary, we cannot guarantee that your screen's display of any colour will be completely identical to our products.
9.1 You have the right to return any tea accessory that does not suit you within 14 days after receipt of the order. However, perishables including packaged teas and tea leaves cannot be returned.
9.2 The Kettlery will only accept returns of tea accessories in their original condition and packaging and accompanied by the invoice.
9.3 We prefer that items are returned to us via Blu Dart or FedEx to ensure that they are protected and insured during transit. However, you may return the goods by any secure means. Please send all returns to The Kettlery E-Commerce Department, 607 Iscon Elegance, Prahaladnagar, S.G. Highway,Ahmedabad – 380015, Gujarat, India and we request that you contact us at email@example.com in relation to such returns. Please note that we will not accept liability for
goods that are not returned via Blu Dart or FedEx.
9.4 When returns are properly completed, The Kettlery shall reimburse the price of the returned merchandise and the invoiced delivery charges in form of store credit within a maximum of 30 days upon receipt of the returned merchandise. The return postage will be at your charge.
10.1 Invoices are sent after delivery of the merchandise and are fully payable within thirty days.
10.2 Payment by credit card is immediately due and payable. Your credit card details will be encrypted for security purposes.
10.3 Payment can be made by Visa, MasterCard, American Express, Visa Debit, Cash Cards, and any other methods which are available via the payment gateway of the Website. Payment will be debited and cleared from your account upon payment. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to The Kettlery, we will not be liable for any delay or non-delivery of your order.
10.4 Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Website.
11. Late Payment
11.1 In the event of late payment, you will be charged interest on the outstanding balance as well as any administrative and legal collection costs.
11.2 The Kettlery reserves the right to refuse any new order from you until full payment of any overdue balance.
11.3 We may also refuse to process and accept 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 merchandise from the Website whether or not that merchandise has been sold, or by removing, screening or editing any materials or content on the Website, or by refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
12. Limitation of Liability
12.1 The photographs and texts illustrating and describing the products on the Website are noncontractual and for information purposes alone. The Kettlery shall not be liable in case of errors or omissions in the photographs or texts displayed on the Website.
12.2 For international deliveries to countries other than those where The Kettlery guarantees delivery, The Kettlery shall not be liable if the products do not comply with the existing laws and regulations of the country of delivery.
12.3 Without limiting the scope of these General Conditions of Sale, no claim of any kind, whether as to products delivered or non-delivery of products, or otherwise, shall be greater in amount than the purchase price of the products in respect of which damages are claimed. IN NO EVENT SHALL THE KETTLERY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE (EVEN IF THE ADVENT OF SUCH DAMAGE WAS KNOWN OR COULD HAVE BEEN KNOWN BY THE KETTLERY), CAPABLE OF ARISING IN CONNECTION WITH ITS PRODUCTS, THEIR USE, SALE OR THE WEBSITE.
13. Force Majeure
13.1 The Kettlery will make every reasonable effort to fulfil its obligations. However, The Kettlery cannot be held responsible for delays or failure to deliver caused by circumstances beyond its reasonable control. Such circumstances include strikes, wars, natural catastrophes or any others that make impracticable the production, transportation or delivery of products.
13.2 In the event of delay, The Kettlery will perform its obligations as soon as reasonably possible,and it reserves the right to allocate any remaining product supply among customers in a fair and reasonable manner.
14. Applicable Law and Forum
14.1 The present General Conditions of Sale are governed by the law of the country of incorporation of The Kettlery (CPK Food and Beverages Pvt Ltd) that invoices you for the order.
14.2 The exclusive forum is in the same country as that of the applicable law.