This agreement sets out the terms and conditions on which CY Trading Limited ("We", "Us" "Cho Yung") supplies any of the
Goods or provides access to any of the Services to you, (you, your, User) through www.choyungtea.com (Website) and Cho-Yung, the owner(s) of this Web Site for the supply of any Goods listed on this Web Site. Please read these Terms and Conditions carefully before placing your order for any of the Goods or using any of the Services. You should understand that by using this Web Site and by clicking the "I Accept" button, you agree to be bound by these Terms and Conditions. If you do not accept these terms and conditions, you will not be able to place an Order for any of the Goods through the Website or use any of the Services.
SECTION A: GENERAL PROVISIONS APPLY TO ALL USERS OF THE SERVICES.
THE FOLLOWING SECTIONS SHALL APPLY TO YOU ACCORDINGLY IN ADDITION TO THE PROVISIONS OF SECTION A:
SECTION B: SUBSCRIPTION PACKAGES
IT IS HEREBY AGREED between the parties hereto as follows:
SECTION A: GENERAL CONDITIONS
1.1 The following words and expressions shall have the following meanings:
"Account" shall mean your account with Cho-Yung, details of which shall be accessible on the Website;
"Contract" means the contract between you and us for the provision and delivery of the Goods or Subscription Package;
"Delivery Charges" means the charges for the delivery of the Goods as set out on the Website;
"Discounted Charge" means a reduced Subscription Charge offer on a Subscription Package following completion of a Risk Free Trial;
"Dispatch Confirmation" means confirmation by us to you in respect of the delivery of your Order;
"Risk Free Trial" means the free supply of the Goods (subject to any Delivery Charges) for such period of time specified on the Website;
"Goods" means the goods advertised and available for Order on the Website individually or through any Subscription Packages;
"Intellectual Property" means all intellectual property rights including without limitation, patents, design rights, know-how, copyrights, trade marks, the right to use software and all other similar proprietary rights (whether registered or unregistered) worldwide;
"Order" means the Goods or Subscription Package ordered by you using the Order Form;
"Order Form" means the online form available on the Website to be used by you in order to place an order for the Goods or Subscription Package;
"Price" means the price of the Goods;
"Register" means the submission of certain personal data to us in order to set up an Account on the Website and to have access to the Services, Order Goods and Subscription Packages; and "Registration" and "Registering" shall be construed accordingly;
"Services" means the Cho-Yung System supplied through our websites and the purchase of Goods;
"Subscription Charges" means the monthly charges payable for each Subscription Package, as specified on the Website;
"Subscription Package" means the various monthly packages in respect of the Goods available through the Website.
2. INFORMATION ABOUT US
2.1 The Website is owned and managed, operated and maintained by CY Trading Limited.
2.2 CY Trading Limited shall be entitled at its own discretion to suspend the Website for any reason whatsoever, including but not limited to repairs, planned maintenance or upgrades and shall not be liable to you for any such suspension or unavailability of the Website.
2.3 CY Trading Limited reserves the right to make any changes to the Website including any functionalities and content therein or to discontinue any aspect of the Goods or Services or features of the Website without notice.
2.4 CY Trading Limited may be contacted at CY Trading Ltd, 32-40 Tontine Street, Folkestone, Kent, CT20 1JU or by email at email@example.com.
3. YOUR STATUS
3.1 To purchase the Goods on the Website, you must first Register your details with us as an Account holder in accordance with clause 15.
3.2 By Registering, you hereby warrant that:
3.2.1 you are legally capable of entering into binding contracts and for the avoidance of doubt, agree to strictly comply with and be bound by
these Terms; and
3.2.2 you are at least 18 years old;
3.2.3 you are not in any way prohibited by the applicable law in the jurisdiction which you are currently located to enter into these Terms and
Conditions for the purchase of the Goods.
3.3 We shall not, in respect of an Account holder, be able to process your Order Form if you fail to comply with the foregoing provisions.
4. PLACING AN ORDER
4.1 In order to purchase any
of the Goods from the Website, you shall be required to complete the Order Form.
4.2 You may place your Order
for the Goods by submitting the Order Form through the Website.
4.3 By placing an Order, you
consent to us conducting verification and security procedures in respect of the
information provided in the Order Form.
4.4 You hereby warrant that
the information provided to us is true, accurate and correct. You further warrant that
you shall promptly notify us in the event of any changes to such information.
5. FORMATION OF CONTRACT
5.1 After placing an Order,
you will receive an e-mail from us acknowledging that we have received your Order
("Order Confirmation Email"). Please note that this does
not mean that your Order has been accepted. Your Order constitutes an offer to us to
buy Goods. All Orders are subject to acceptance by us, and we will confirm such
acceptance to you by sending you an e-mail that confirms that the Goods have been
dispatched ("Dispatch Confirmation"). The contract between
us will only be formed when we send you the Dispatch Confirmation
5.2 The Contract will relate
only to those Goods whose dispatch we have confirmed in the Dispatch Confirmation. We
will not be obliged to supply any other Goods which may have been part of your Order
until the dispatch of such Goods has been confirmed in a separate Dispatch
6. PRICES AND PAYMENT
6.1 Subject to clause 6.4 and
unless otherwise expressly set out to the contrary or in cases of obvious error, the
Price of all Goods shall be as set out on the Website and shall be correct at the time
of your submission of the Order Form.
6.2 Unless otherwise expressly
set out to the contrary, all Prices quoted on the Website shall be inclusive of Value
Added Taxes and exclusive of any Delivery Charges. For the avoidance of doubt, the
Delivery Charges shall be set out separately on the Order Form, the Order Confirmation
6.3 Due to the nature of the
business, you agree that Prices are subject to change and variation at any time without
prior notification to you.
6.4 We shall use our
reasonable endeavours to ensure that the Prices on the Website are accurate and correct
at all times. However, you acknowledge that due to the large number of Goods advertised
on the Website, such Goods may at times be incorrectly priced. Where there is a
discrepancy between the actual Price and the advertised Price, we shall use our
reasonable endeavours to inform you of the mistake and advise you of the actual Price
of the Goods. Thereafter, you shall have the option of proceeding with your Order in
consideration for the actual Price or to cancel such Order.
6.5 You may pay for your Order
using a credit card, debit card or any other method of payment as specified on the
Website. We reserve the right not to process your Order Form if we have not received
payment of the Price and any other additional charges including without limitation, the
Value Added Taxes and Delivery Charges.
Details of the delivery of your Order including without limitation, the estimated
delivery date of your Order, shall be set out in the Dispatch Confirmation.
8. RISK AND TITLE
8.1 The Goods will be your
responsibility from the time of delivery.
8.2 Ownership of the Goods will
only pass to you when we receive full payment of all sums due in respect of the Goods,
including Delivery Charges.
9. CANCELLATION RIGHTS
9.1 You may cancel a Contract at
any time within seven working days, beginning on the day after you received the Goods
("Cooling off Period"). In this case, you will receive a full refund of the
price paid for the Goods in accordance with our refunds policy (set out in clause 10 below).
9.2 To cancel a Contract, you must
inform us using the communication methods outlined in the Returns Policy,
whereupon you will be provided with a valid returns number and returns address. You
must return the unopened and undamaged Goods to us as soon as reasonably practicable,
and at your own cost. You have a legal obligation to take reasonable care of the Goods
while they are in your possession. If you fail to comply with this obligation, we may
have a right of action against you for compensation and not to refund the Goods.
9.3 If you wish to cancel your 14 Day Risk Free Trial 'Subscription Package' you must do so within 14 days of receiving the Risk Free Trial by calling our Returns Hotline on 020 3368 6839.
10. OUR REFUNDS POLICY
10.1 If you return Goods to us:
10.1.1 because you have cancelled the Contract between us within the
Cooling-Off Period, we will process the refund due to you as soon as possible and, in
any case, within 30 days of the day on which you gave us notice of cancellation in
accordance with 9.2. In this case, we will refund the Price of the Goods in full, and
any applicable Delivery Charges. However, you will be responsible for the cost of
returning the Goods to us.
10.1.2 for any other reason (for instance, because you consider that the Goods
are damaged), we will examine the returned Goods and will notify you of your refund via
e-mail within a reasonable period of time. We will usually process any agreed refund
due to you as soon as possible and, in any case, within 30 days of the day we
confirmed to you via e-mail that you were entitled to a refund. We will refund the
Price of the damaged Goods in full, any applicable Delivery Charges and any reasonable
costs you incur in returning the item to us (subject to you supplying us with
documentary evidence of such delivery charges and costs incurred).
10.2 Where an Order is returned after the
Cooling Off Period and/or such Order is not in its original packaging or, in our
reasonable opinion, in a condition which is not re-saleable, we reserve the right at
our sole and absolute discretion to determine the amount of refund to be paid to you
10.3 All eligible refunds shall be credited to
the same method of payment that you originally used to make the purchase.
11. INTERNATIONAL DELIVERIES
11.1 All orders outside the UK will be charged
and additional £6.75 (non-refundable) for each shipment.
11.2 If Goods are being ordered from outside
the UK, import duties and other taxes may be incurred once your Goods reach their
specified destination. Cho-Yung will not be responsible for these charges and we
undertake to make no calculations or estimates in this regard. If you are buying from
outside the UK, you are advised to contact your local customs authorities for further
details on costs and procedures. As the purchaser of the Goods, you will also be the
importer on record and as such should ensure that your purchase is in full compliance
with the laws and regulations of the country into which the Goods are being imported.
We shall in no way be liable to you or any third parties for any breach by you of any
such laws arising from or in connection with the purchase of the Goods and/or our
delivery of the Goods to you. Please be aware that Goods may be inspected on arrival at
port for customs purposes and Cho-Yung cannot guarantee that the packaging of your
Goods will be free of signs of tampering.
12. INTELLECTUAL PROPERTY
12.1 All intellectual property included on the Web
Site, including, but not limited to intellectual property arising in text, graphics,
logos, icons, images, sound clips, video clips, data compilations, page layout,
underlying code and software ("Content") is the property of Cho-Yung or its
12.2 You are expressly prohibited from:
12.2.1 reproducing, copying, editing, transmitting, uploading or incorporating into
any other materials, any of the Content; and
12.2.2 removing, modifying, altering or using any registered or unregistered
marks/logos/design owned by us or our licensors, and doing anything which may be seen
to take unfair advantage of our reputation and goodwill or could be considered an
infringement of any of our rights in the intellectual property owned and/or licensed to
13 LINKS TO OTHER WEBSITES
13.1 This Web Site may contain links to other sites.
Unless expressly stated, these sites are not under the control of Cho-Yung or that of
our affiliates. We assume no responsibility for the content of such web sites and
disclaim liability for any and all forms of loss or damage arising out of the use of
them. The inclusion of a link to another site on this Web Site does not imply any
endorsement of the sites themselves or of those in control of them.
14.1 You shall be entitled to use the Website without
an Account. However, if you wish to purchase any Goods or use the Services, you may be
required to Register as an Account holder in accordance with these Terms.
14.2 Where you choose to Register as an Account
holder, you shall be provided with a login and password ("Login
Details") in order to access your Account. You agree to keep your Login
Details confidential and not to allow any other individuals to use your Login Details
to access your Account.
14.3 You agree to notify us in the event of a breach
of security or of any unauthorised use (suspected or otherwise) of your Login Details
14.4 You hereby undertake to indemnify us and hold us
harmless for any claims, losses, costs and expenses that we may suffer as a result of
any activities conducted using your Login Details including without limitation, your
failure to comply with the terms set out in clause 14.5 herein.
14.5 By using your Login Details and accessing your
Account, you agree that you shall not submit to appear on the Website, any review,
link, comment, information or any other materials whatsoever that:
14.5.1 may reasonably be deemed to be illegal, offensive or
14.5.2 promotes racism, bigotry, hatred or physical harm of any kind
against any group or individual;
14.5.3 harasses or advocates the harassment of a group or individual;
14.5.4 displays pornographic or sexually explicit materials;
14.5.5 is or promotes any conduct which may reasonably be deemed to be
illegal, abusive, threatening, obscene, defamatory or libellous;
14.5.6 provides instructional information about illegal activities,
including without limitation, the violation of another individual’s privacy or
the provision or creation of any computer viruses, trojans and malware;
14.5.7 promotes or contains information that you know or believe to be
inaccurate, false or misleading;
14.5.8 engages in or promotes commercial activities and/or sales,
including but not limited to contests, sweepstakes, barter, advertising and pyramid
14.5.9 infringes the Intellectual Property rights belonging to a third
14.6 In the event that we, in our
sole and absolute discretion, consider that you have breached any of the terms set out
in this clause 14, we reserve the right to take any action that we deem to be
necessary, including without limitation, the termination forthwith and without notice,
your Use of and access to the Website; and in the case of illegal use, the instigation
of legal proceedings.
14.7 You may terminate your Account with us by giving
us not less than fourteen (14) days written notice to firstname.lastname@example.org. Upon termination of your
Account, you shall cease to have access to certain features and elements of
functionalities of the Website. Please provide your e-mail address and other
registration data while sending a cancellation request for efficient processing of your
15.1 Cho-Yung may offer Risk Free Trials from time to time.
Risk Free Trials are available to you only once and to only one member of any household.
Save for any Delivery Charges, no charges are applicable to any Goods supplied during
the Risk Free Trial.
15.2 When taking out a Risk Free Trial you will
automatically enter into a three (3) month Subscription Package. You may cancel the
Subscription Package at any time within 14 days of taking out the Risk Free Trial. In the
event that you do not cancel within the 14 day period referred to herein, you will be
automatically entered into a three (3) month Subscription Package at the Discounted
Charge, whereupon the cancellation provisions at clause 9 shall apply.
15.3 Payment of the Discounted Charge for the
Subscription Package is payable on the date of our Confirmation Email and thereafter,
monthly in advance.
15.4 You may terminate a Discounted Charge
Subscription Package at any time prior to expiry, but you shall be liable to pay to us
the difference between the Discounted Charge and the Subscription Charge applicable at
the time for each month of Goods already dispatched by us to you.
16.1 You may terminate your Account with us at any
time by writing to our customer services by email to email@example.com. However, you acknowledge that
on such termination, we shall not refund any amounts previously paid by you and you
remain liable for any and all unpaid amounts on your Account.
16.2 Save as set out below in this clause
16, we may terminate your Account at any time and for any reason whatsoever by giving
you not less than fourteen (14) days’ notice in writing.
16.2Notwithstanding the provisions of this clause 16, your Account may be
16.2.1 by either party immediately, on written notice
to the other party:
22.214.171.124 if the other party is in material breach of its
contractual obligations and has not remedied such breach within fourteen (14) days
after receipt of a written notice of default from the other party; or
126.96.36.199 by either party if the other is declared bankrupt, or if
a body corporate, has a liquidator, receiver or administrator appointed or enters into
any form of arrangement with its creditors, or is otherwise insolvent;
16.2.2 by us, immediately on written notice to you if:
188.8.131.52 you or someone using your Login Details has failed to
comply with one or more of these Terms;
184.108.40.206 there has been fraudulent use, misuse or abuse of a
Subscription Package and/or the Services;
220.127.116.11 you have provided us with false, inaccurate or misleading
18.104.22.168 you have provided us with false, inaccurate or misleading
17.1 The Website is owned and maintained by Co-Yung
(Cyprus) Limited and/or its licensors and nominated representatives.
17.2 We shall be entitled to at our own discretion to
suspend the Website for any reason whatsoever, including but not limited to repairs,
planned maintenance or upgrades, and shall not be liable to you for any such
17.3 We reserve the right to make any changes to the
Website, the Subscription Packages and the Services or to discontinue any aspect or
feature therefor without notice.
If you have a weight loss story by using the Goods, you can send your
"before" and "after" pictures and profile. Cho-Yung shall at
its sole discretion decide whether or not to display your weight loss story on the
Website. You warrant that any information submitted to us under this clause 19 will be
true and accurate, and we reserve the right to take such reasonable steps to verify the
accuracy of such information provided by you. Subject to your weight loss story and
pictures being selected and displayed on the Website as a testimonial, we may at our
sole discretion remunerate you up to a maximum amount of £150.00. By
sending in your story and pictures, you hereby grant us a non exclusive licence to use
such information, material and pictures for the purpose of display on the Website and
use in any of our marketing material concerning the sale of our Goods.
20. EXCLUSION OF WARRANTY AND
20.1 To the maximum extent permitted by law and
subject to the provisions herein, we expressly exclude all representations, warranties,
obligations and liabilities in connection with the Website, the Goods and the Services
the delivery of your Order or any third party websites and the information provided
20.2 We do not warrant, represent or promise in any
way the availability of all Goods advertised on the Website. We therefore reserve the
right to offer you an alternative in place of the advertised Goods by informing you
thereof prior to confirming your Order with us and sending you the Order Confirmation
20.3 All information made available to or accessible
by you using the Website as an Account holder or a user of the Website including any
editorial materials provided by us are provided "as is" without any
conditions, warranties or terms of any kind and are intended as information only and
does not constitute advice. Such information must therefore not be relied on to assist
in making or refraining from making a decision, or to assist in deciding on a course of
20.4 Save for liability in respect of death and
personal injury which are not limited, we accept no liability whatsoever for any
indirect or consequential losses, loss of profit or contract, loss of anticipated
savings, loss of data, loss of office or management time, loss of business, loss of
reputation or any other loss however arising and whether caused by tort (including
negligence), breach of contract or otherwise even if foreseeable.
20.5 Unless otherwise expressly set
out to the contrary herein, our maximum aggregate liability to you in connection with
these Terms and your use of the Website shall be limited to the total amount of money
you have paid to us in the one (1) month period immediately preceding the date on which
the cause of action arose. This limitation of liability shall apply regardless of
whether Cho-Yung was aware of or advised in advance of the possibility of losses being
21. CHANGES TO TERMS
Cho-Yung reserves the right to change these Terms at any time and on reasonable
notice to you. By continuing to use the Website after expiry of the notice period, you
will be deemed to have accepted, and be bound by, any changes to the Terms. If,
on receipt of such notice, you wish to terminate these Terms with us you may do so by
giving us not less than seven (7) day's notice, such termination to take effect on the
date upon which the amended terms and conditions would otherwise have come into
You agree to defend, indemnify, and hold harmless Cho-Yung Ltd., its officers,
directors, shareholders, employees, independent contractors, telecommunication
providers, and agents, from and against any and all claims, actions, loss, liabilities,
expenses, costs, or demands, including without limitation legal and accounting fees,
for all damages directly, indirectly, and/or consequentially resulting or allegedly
resulting from Your misuse or inability to use the Website, or Your breach of any of
these Terms. We shall promptly notify you by electronic mail of any such claim or suit,
and cooperate fully (at your expense) in the defence of such claim or suit. If we do
not hear from you promptly, we reserve the right to defend such claim or suit and seek
full recompense from you.
In the event that any of these terms are found by any competent authority to be
unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from
these Terms and shall not affect the validity and enforceability of the remaining terms
24. NO WAIVER
In the event that any party to these Terms fails to exercise any right or remedy
contained herein, this shall not be construed as a waiver of that right or remedy.
25. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to
you should be in writing. When using our Web Site, you accept that communication with
us will be mainly electronic. We will contact you by email or provide you with
information by posting notices on our Web Site. For contractual purposes, you agree to
this electronic means of communication and you acknowledge that all contracts, notices,
information and other communications that we provide to you electronically comply with
any legal requirement that such communications be in writing. This condition does not
affect your statutory rights.
All notices / communications shall be given to us either by post (see address above)
or by email to firstname.lastname@example.org. Such
notice will be deemed received 3 days after posting if sent by first class post, the
day of sending, if the email is received in full on a business day and on the next
business day if the email is sent on a weekend or public holiday.
27. ENTIRE AGREEMENT
27.1 These Terms and any document
expressly referred to in them represent the entire agreement between you and us in
respect of your use of the Website, and shall supersede any prior agreement,
understanding or arrangement between you and us, whether oral or in writing.
27.2 You acknowledge that in entering into
these Terms, you have not relied on any representations, undertaking or promise given
by or implied from anything said or written whether on the Website, the internet or in
negotiation between you and us except as expressly set out in these Terms.
28. LAW AND JURISDICTION
These terms and conditions and the relationship between you and Cho-Yung shall be
governed by and construed in accordance with the Law of Cyprus and Cho-Yung
and you agree to submit to the exclusive jurisdiction of the Courts of Cyprus.
If you wish to enter into a Subscription Package, you may do so in accordance with
the terms of Section A and of this Section B.
B1. YOUR CONTRACT WITH US
B1.1 In order to enter into a Subscription Package, you must Register your details with us as an Account holder. Your Subscription Package shall terminate when you cease to become an Account holder.
B1.2 To enter into a Subscription Package, you shall be required to complete the Order Form on the Website as set out in clause A4, and be responsible for the Subscription Charge required for your Subscription Package.
B1.3 Your Subscription package with us shall:
B1.3.1 commence on the date of our Confirmation Email and continue for such period specified in the Confirmation Email unless terminated earlier in accordance with this clause B1.3;
B1.3.2 terminate upon the occurrence of any of the following events, whichever is the earlier:
(i) upon thirty (30) days notice by us in the event any of our third party suppliers cease to make its services available to us;
(ii) upon notice,in the event that we terminate your Account in accordance with these Terms.
B2. THE SUBSCRIPTION SERVICES
B2.1 Cho-Yung offers a range of Subscription Packages pursuant to our Subscription Charges and as described on our Website from time to time.
B2.2 You have the option to cancel a Subscription Package in accordance with our cancellation and refund policy at clause 9 and 10.
B2.4 You may renew your Subscription Package at any time. Any Subscription Package renewal will not take effect until the month following the month we received your notice to renew.
B2.5 You shall pay the Subscription Charges for such Subscription Package monthly in advance using your credit card, or any other acceptable method of payment, as set out on the Website. We reserve the right to withhold, suspend and/or cease provision of the Subscription Package where the Subscription Charge has not been received.
B2.6 On payment of the Subscription Charge, you hereby agree and consent to the immediate commencement of the performance of the Subscription Package.