Terms & Conditions
As a user/ a visitor of this website mabrocteas.com of Mabroc Teas (Pvt) Limited & Tay Distribution (“Mabroc Teas”, “us”, “we” and “our”), please be informed that this Site provides the content relating to Mabroc products and services available for purchase on the Site for you, subject to the following terms and conditions, our privacy policy and other terms and conditions and policies which you may find throughout our Site in connection with certain functionality, features or promotions as well as customer service, all of which are deemed to be a part of and included within these terms and conditions (collectively “terms and conditions”). By accessing or using the Site and/or by obtaining our products listed on our Site and/or by the usage of the service of this Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these terms and conditions.
DELIVERY POLICY
Please note that orders can only be delivered to an address within areas covered by our currently available delivery partner DHL. As such all prices and special offers available on this Site are only applicable for deliveries carried out by the said partners and courier companies. We do not ship to A.P.O. and P.O. Box addresses. Full and complete address must be provided to unable us to ship your order in the best possible ways.
Kindly note that the delivery partner will try to contact you before delivery. In the case of a failed delivery to the given address, a maximum of three (03) attempts of contact, the shipment may be destroyed by the delivery partner at their discrepancy discretion. Tay distribution will not under any circumstances undertake any responsibility or make any refunds or reshipments for the respective shipment destroyed in such a manner.
Kindly note that the delivery partner will try to contact you before delivery. In the case of a failed delivery to the given address, a maximum of three (03) attempts of contact, the shipment may be destroyed by the delivery partner at their discrepancy discretion. Tay distribution will not under any circumstances undertake any responsibility or make any refunds or reshipments for the respective shipment destroyed in such a manner.
ELECTRONIC COMMUNICATIONS
When you use any of our websites or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site or through other websites. You agree that all agreements, notices, disclosures, and other communications that we provide to you including those that are on our Sites electronically satisfy any legal requirement that such communications be in writing and that such communications are being duly provided.
INTELLECTUAL PROPERTY
All information and content included in or made available on the Site, including but not limited to trademarks, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and the compilation and organization thereof, and the like, etc. (Collectively, the “Content”) is the property of Mabroc Teas & Tay Distribution or its content suppliers and protected by international copyright laws. The compilation of all content included in or made available through the Site of Mabroc Teas is the exclusive property of Mabroc Teas and protected by international copyright laws.
You shall not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information and/or Content (including images, text, page layout, or form) of Mabroc Teas & Tay Distribution without our express written consent. You may not use any Meta tags or any other “hidden text” utilizing Mabroc Teas’ name or trademarks without the express written consent having been first obtained from us.
LICENSE AND ACCESS
Subject to your compliance with these conditions of use and your payment of any applicable fees, Mabroc Teas grant you a limited, non-exclusive, non-transferable, non-sub licensable license to access and make personal and non-commercial use of this Site to purchase our products and services. This license does not include any resale or commercial use of any of our products and service, or their Contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any of our products and service or their Contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these terms and conditions, or any other applicable service terms are reserved and retained by Mabroc Teas or its licensors, suppliers, publishers, rights holders, or other content providers. You agree that other than to access and make personal and non-commercial use of this Site to purchase our products and services you shall NOT use this Site for any other purpose without the express written consent having been first obtained from us.
LIMITATION OF LIABILITY
The Site is presented “as is”. We make no representations or warranties of any kind whatsoever expressed or implied, in connection with these terms and conditions or the Site, including but not limited to warranties of merchantability, non-infringement, or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable. You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable (whether in contract, tort (including negligence) or otherwise) under any circumstances, for any interruption of business, access delays, or access interruptions to the Site, data non-delivery, corruption, destruction or other modification, loss or damages of any sort incurred as a result of dealings with or the presence of off-website links on the Site, computer viruses, system failures or malfunctions which may occur in connection with your use of the Site and any inaccuracies or omissions in Content. We shall not be liable for any events whatsoever beyond our reasonable control.
Further to the fullest extent permitted by law, we will not be liable for any indirect, special, punitive, incidental, or consequential damages of any kind related to the Site or your use thereof regardless of the form of action whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages. You agree that we shall in no event be liable or called upon to make good any losses of such nature. You agree that no claims or action arising out of, or related to, the use of the Site or these terms and conditions may be brought by you and in any event no more than one (1) year after the cause of action relating to such claim or action arose.
YOUR ACCOUNT
Please note that this Site contains materials that are freely accessible to all the users of this Site, while certain content or features on this Site would require you to register or to login to the Site by creating an Account. Such requirement of registration/ login would especially apply in relation to any transactions or online purchases made on this Site.
If you use this Mabroc Teas Site you are responsible for maintaining the confidentiality of your account including your login credentials and password and for restricting access to yourself, and you hereby agree to accept full and total responsibility for all activities that occur under your account or password. Mabroc Teas Tay Distribution reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at its sole discretion at any time due to any reason at the total discretion of Mabroc Teas & Tay Distribution.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors to the Site may post reviews so long as the content is not illegal, unethical, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” and the like. You shall not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Mabroc Teas & Tay Distribution reserves the right (but not the obligation) to remove or edit such content but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Mabroc Teas a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these terms and conditions and will not cause injury to any person or entity; and that you will indemnify Mabroc Teas for all claims resulting from content you supply or post or your activity on the Site. Mabroc Teas has the right but not the obligation to monitor and edit or remove any activity or content. Mabroc Teas& Tay Distribution takes no responsibility and shall not be held liable under any circumstances and assumes no liability for any content posted by you or any third party.
COPYRIGHT COMPLAINTS
Mabroc Teas & Tay Distribution respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please refer to our team (info@taydistribution.com) with the subject line which includes the phrase “Complaint”.
RISK OF LOSS
All items purchased from Mabroc Teas are made pursuant to a shipment contract for delivery by the delivery partners. This means that the risk of loss and title for such items/ products purchased shall pass to you upon our delivery to the carrier being the delivery partner and we shall not assume any risk of loss after our delivery to the delivery partner.
RETURNS POLICY, CANCELLATIONS AND CHANGES
As a policy, we do not accept returns of products for any reason whatsoever and we do not allow or entertain cancellations of product orders once such orders have been placed.
DELIVERY OF DAMAGED PRODUCTS
If the shipment delivered to you has been damaged and is therefore not in a usable/ consumable condition, please contact us within 03 calendar days from the date of delivery of the shipment. You may contact us through our e-mail address info@taydistribution.com or connect with us through our website link https://mabrocteas.com/. If we are satisfied that the product damages have been caused due to our negligence or that the product has been damaged at the time of packaging, we will replace your shipment as it was originally intended to be purchased. In the event of the replacement of a shipment, you shall be responsible to bear the shipping costs/ charges and other expenses connected to the product replacement. In the alternative, if we are unable to replace your shipment which was damaged due to our negligence, we will refund the price of the product (excluding any delivery charges, taxes, and other expenses incurred in relation to the order) within 14 working days. Please be informed that product replacement or monetary refund options shall be available solely at our discretion and refunds are not made by us as a standard practice.
PRODUCT DESCRIPTIONS
Although we make reasonable efforts to provide accurate pricing information and product descriptions, pricing mistakes, typographical errors, or mistakes regarding product availability may occur. We reserve the right to correct such mistakes and errors. We cannot guarantee that information displayed on the site is 100% accurate. If a product is listed at an incorrect price, or a product description is inaccurate, we shall have the right, in our sole discretion, to reject any order or to cancel any orders placed for that product. In those circumstances, if your credit card has already been charged, we will issue a credit to your credit card within a commercially reasonable amount of time. We make reasonable efforts to display, as accurately as possible, the colors of our products. However, the actual colors you see depend on your monitor or device, and thus we cannot guarantee that the colors of the products you see when viewing the Website will be accurate.
PRICING
The price at which the product is sold on Mabroc Middle East is duties, taxes, and other local charges (in destination country) unpaid. Except where noted otherwise, therefore the price change by Mabroc Middle East to the customer is the price listed or suggested plus shipping/delivery charges. The list price or suggested price displayed in currencies other than US Dollars is to be considered for reference only. Exchange rates applicable at the time of the purchase will be applied to your purchase by the payment gateway and transacting banks involved in your respective payment for the purchase made at the rates decided by such payment gateways and transacting banks.
TAXATION AND LOCAL REGULATORIES IN COUNTRY OF DESTINATION
Each customer is responsible for the taxes owed. The order is delivered through DHL, once the order is cleared from your country’s port by DHL, they will communicate the exact taxes & other local charges to you. Then you can pay those charges to DHL either by the payment link sent to you by them or pay by cash upon delivery. If items are not collected by the recipient due to customs duty/taxation, Mabroc Teas & Tay Distribution will not take responsibility for the items and may instruct to destroy the items in the destination country. Any costs incurred due to this process will be borne by the recipient. Mabroc Teas & Tay Distribution does not accept product returns.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our policies posted on this Site. We reserve the right to make changes to our Site, policies, and these terms and conditions at any time. If any of these terms and conditions shall be deemed invalid, void, or for any reason unenforceable, such term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining terms and conditions on the Site.
THIRD PARTY SERVICES AND LINKS TO OTHER WEBSITES
Our Site may contain links to other websites that are not operated by us. If you click on a third-party link, you will be directed to the respective third-party website. Please be informed that such third-party websites shall not be governed by these terms and conditions given on this Site and we recommend you review the terms and conditions of any third-party website you visit through links on our Site. We have no control over and assume no responsibility for the content, terms, conditions, or practices of any third-party websites or services. We may display, include or make available third-party content (including data, information, applications, and other product services) or provide links to third-party websites or services (“Third-Party Services”). You acknowledge and agree that we shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness validity, copyright compliance, or legality. Decency, quality, or any other aspect thereof. We do not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services. Third-Party Services and links on this Site are provided solely as a convenience to you and if you access and use them, it shall be entirely at your own risk and subject to such third party’s terms and conditions.
PROMOTIONS
We may, from time to time, include contests, promotions, or other activities (“Promotions”) that require you to submit material or information concerning yourself. Please note that all Promotions may be governed by separate terms that may contain certain eligibility requirements, such as restrictions as to quantity and geographic location (“Promotion Rules”). Please be informed that the Promotion Rules shall also apply to any purchases on the Site under such Promotions and these terms and conditions herein shall also apply to such Promotions. If you use any of the Promotions, you agree to abide by and comply with all Promotion Rules.
ORDER LIMITATIONS
We always reserve the right to limit the number of units per product that can be ordered by one customer through our Site at one time and such limitations will be imposed at our absolute discretion and notified on the Site.
TERMINATION
We always reserve the absolute right to remove your Account on our Site and/or to terminate your access to our Site, without providing any reason or prior notice whatsoever.
DISPUTES
With respect to any dispute regarding the Site, all rights and obligations and all actions contemplated by these terms and conditions shall be governed by the laws of Sri Lanka as if the terms and conditions were a contract wholly entered into and wholly performed within Sri Lanka. Any dispute relating in any way to your visit to the Site shall first be referred to Mabroc Teas Pvt Ltd No. 57/3 New Hunupitiya Road, Kiribathgoda and you could e-mail us on info@taydistribution.com and in the event, such dispute cannot be resolved within ……. shall be referred to arbitration in accordance with the rules of the Arbitration Centre of the Institute for the Development of Commercial Law and Practice (ICLP) in Colombo, Sri Lanka, by an arbitral panel consisting of 3 arbitrators, and the Arbitration proceedings shall be held in English Language.
GENERAL
You acknowledge and agree that these terms and conditions constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications. These Terms and the rights, benefits, and obligations contained herein are fully assignable by us and will be binding upon and inure to the benefit of our successors and assigns. The headings in these terms and conditions are for convenience only and have no legal or contractual effect. We reserve the right, in our sole discretion, to change these terms and conditions at any time by posting the changes on the Site and providing notice of such change. Any changes are effective immediately upon posting to the Site and release of notice of such change. Your continued use of the Site thereafter constitutes your agreement to all such changed terms and conditions. We may, with or without prior notice, terminate any of the rights granted by these terms and conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site. Nothing contained in these terms and conditions shall be construed as creating any agency, partnership, or other forms of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these terms and conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these terms and conditions unenforceable or invalid as a whole but these terms and conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision.
