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Welcome to the Dilmah New Zealand Online Store

This website provides the content and services available on the site to 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 a part of and included within these terms and conditions (collectively “terms and conditions”). By accessing or using the Site, you are acknowledging that you have read, understand and agree, without limitation or qualification, to be bound by these terms and conditions.

 

Personal Details

We do not hold any credit card information. Our payments are processed through the Shopify Payments. When an order is placed through our website we will require your name and delivery details but this will not be shared with any third party except for the purpose of delivery. Personal details for card payments are passed through encrypted connection to our authorising bank as detailed above, for which the highest standards of security are in place.

We will not collect and hold your personal details without your knowledge or permission. 

Delivery Policy

We deliver within New Zealand only. You can track your order at our Tea Boutique by logging into your account. Please note that orders can only be delivered to an address within areas covered by Postal or Door To Door Courier. As such all prices and special offers available on this site are only applicable for deliveries carried out by the said courier companies.

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 electronically satisfy any legal requirement that such communications be in writing.

Intellectual Property

All information and content included in or made available on the site, but not limited to trade marks , such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations and the compilation and organization thereof (collectively, the “Content”) is the property of Dilmah Ceylon Tea Company PLC or its content suppliers and protected by international copyright laws. The compilation of all content included in or made available through Dilmah New Zealand  Shop is the exclusive property of Dilmah Ceylon Tea Company PLC and protected by international copyright laws.

You shall not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Dilmah without express written consent. You may not use any meta tags or any other "hidden text" utilizing Dilmah's 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, Dilmah or its content providers grant you a limited, non-exclusive, non-transferable, non-sub-licensable license to access and make personal and non-commercial use of this website to purchase Dilmah Online Shop Products and Services. This license does not include any resale or commercial use of any Dilmah Products and Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Dilmah Online Shop Products and Service or its 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 Conditions of Use or any Service Terms are reserved and retained by Dilmah or its licensors, suppliers, publishers, rights holders, or other content providers.

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, any inaccuracies or omissions in content or events 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 and in no event shall our maximum aggregate liability exceed One Hundred New Zealand  Dollar (NZD 100).

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 more than one (1) year after the cause of action relating to such claim or action arose.

Indemnification

You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from your use of the Site or breach of these Terms and Conditions.

Your Account

If you use any Dilmah Website you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Dilmah sells products to adults, who can purchase with a credit card or other permitted payment method. Dilmah reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

Reviews, Comments, Communications, and Other Content

Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, 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." You may 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. Dilmah 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 Dilmah a nonexclusive, 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 grant Dilmah and sub-licensees the right to use the name that you submit in connection with such content, if they choose. 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 this policy and will not cause injury to any person or entity; and that you will indemnify Dilmah for all claims resulting from content you supply. Dilmah has the right but not the obligation to monitor and edit or remove any activity or content. Dilmah takes no responsibility and assumes no liability for any content posted by you or any third party.

Copyright Complaints

Dilmah 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 legal team (info@dilmahtea.com) with the subject line which includes the phrase “Legal Complaint”

Risk of Loss

All items purchased from Dilmah are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. 

Returns, Refunds and Title

We are confident that you will enjoy your Dilmah Global Shop Products. If for some reason you have a need to return your order, please contact us at customer.services@dilmah.co.nz. Any refund will be made by the same method as payment was received for your order or a suitable replacement as store credits. A full refund consists of the amount debited to your card or received as payment for that specific product, plus shipping costs. Our goal is your satisfaction

Returning of products is subject to the following conditions:

  • The Product must be shipped back to us. Return shipping costs are not refundable unless the return is the result of our error, (you received an incorrect or defective item, etc).
  • We cannot accept a Product return after 14 days from delivery.
  • We cannot accept a Product return that has been largely consumed (more than two servings).
  • We cannot accept a Product return if you have simply changed your mind, such as a preference for a different tea. Dilmah does not take title to returned items until the item arrives at our premises with a restocking fee of 15% of product price (exclusive of shipping cost) may be applicable. At our discretion, a refund may be issued without requiring a return. In this situation, Dilmah does not take title to the refunded item.
  • You should expect to receive your refund within four weeks of giving your package to the return shipper, however, in many cases you will receive a refund more quickly. This time period includes the transit time for us to receive your return from the shipper (5 to 10 business days), the time it takes us to process your return once we receive it (3 to 5 business days), and the time it takes your bank to process our refund request (5 to 10 business days).

Product Descriptions

We try at all times to maintain accurate product descriptions, images, stock availability and prices. We believe the information provided to be accurate and current at the date of publication, however errors and ommissions may occur from time to time. We cannot naturally make representation or gurantee that material on the Website will be entirely accurate or complete or accept any responsibility arising in any way for accidental errors in, or omissions from the material or that your access to the website will be uninterrupted. If errors and ommissions are found we encourage corrections to be sent through. If a product offered by Dilmah itself is not as described, your sole remedy is to return it in unused condition.

Purchase errors
If purchases are completed but due to an error in stock levels on our part or other unforseen circumstance, we will take immediate action to contact the customer to find an alternative, issue store credit or refund in full.

Pricing

Except where noted otherwise, the List Price or Suggested Price displayed for products includes shipping charges unless otherwise stated and excludes taxes payable to regulatory institutions and customs offices.

List Price or Suggested Price displayed in currencies other than New Zealand  Dollar, is to be considered for reference only. Exchange rates at the time of the purchase will be applied by the payment gateway and transacting banks.

Taxation

Each customer is responsible for the taxes owed if there is a tax on those items in their state/country upon delivery. If items are returned due to customs duty/taxations, the resulting fee will be deducted before refunding payments.

Site Policies, Modification, and Severability

Please review our policies posted on this site. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

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 New Zealand as if the Terms and conditions were a contract wholly entered into and wholly performed within New Zealand. Any dispute relating in anyway to your visit to the site shall be referred to arbitration in accordance with the rules of the New Zealand, by sole arbitrator, 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.

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 form 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.

 

Availability