General Terms & Conditions

WELCOME TO THE MIST VALLEY 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 our website, you are acknowledging that you have read, understood and agreed, without limitation or qualification, to be bound by these terms and conditions (the “Conditions”).

DELIVERY POLICY

You can track your order at our online shop by logging into your account. Please note that orders can only be delivered to an address within areas covered by Aramex or DHL. As such all prices and special offers available on this site are only applicable for deliveries carried out by the said courier companies. We do not ship to A.P.O. and P.O. Boxes.

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 the Mist Valley brand owner or its content suppliers and protected by international copyright laws. The compilation of all content included in or made available through Mist Valley is the exclusive property of the Mist Valley brand owner 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 Mist Valley without express written consent. You may not use any meta tags or any other "hidden text" utilizing Mist Valley’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 and your payment of any applicable fees, Mist Valley or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of this website to purchase Mist Valley Products and Services. This license does not include any resale or commercial use of any Mist Valley Products and Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Mist Valley 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 or any service terms are reserved and retained by Mist Valley or its licensors, suppliers, publishers, rights holders, or other content providers.

LIMITATION OF LIABILITY

All information present on this website are presented on an “as is” basis. We make no representations or warranties of any kind whatsoever, expressed or implied, in connection with these Conditions or the website, 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 website, 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 website, computer viruses, system failures or malfunctions which may occur in connection with your use of the website 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 dollars United States Dollars (USD100).

You agree that no claims or action arising out of, or related to, the use of the website or these 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 webite or breach of these Conditions.

YOUR ACCOUNT

If you use any Mist Valley Website, you are fully 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. We are not responsible for any losses or liabilities arising out of or in connection with any unauthorised use of your account. Mist Valley sells product for children through adults who can purchase our products or services with a credit card or other legally permitted payment method. Mist Valley 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. Mist Valley 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 Mist Valley a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable 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 Mist Valley and sublicensees the right to use the name that you submit in connection with such content. 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 Mist Valley for all claims resulting from content you supply. Mist Valley has the right but not the obligation to monitor and edit or remove any activity or content. Mist Valley takes no responsibility and assumes no liability for any content posted by you or any third party.

COPYRIGHT COMPLAINTS

Mist Valley 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@teamistvalley.com) with a subject incorporating the phrase “Legal Complaint”.

RISK OF LOSS

All items purchased from Mist Valley 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 Mist Valley tea. If for some reason you have a need to return your order, please contact us at orders@teamistvalley.com for our team to assist you in your request.  Any refund approved by us will be made by the same method as payment was received for your order or a suitable replacement. A full refund consists of the amount debited to your card or received as payment for that specific product, plus shipping costs. We will do our best to understand your requirements and meet your requirements to your satisfaction.

Returning of Mist Valley 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 default, such as a product defect.
• We cannot accept a product return after 14 calendar days from the date of delivery of such product.
• We cannot accept a product return that has been largely consumed (more than two servings as set out in the product label).
• We cannot accept a product return if you have simply changed your mind, such as a preference for a different type of tea. Mist Valley does not take title to returned items until the item arrives at our premises and a restocking fee of 15% of product price (exclusive of shipping cost) may be applicable. A refund may, at our discretion, be issued without requiring a return of the product. In this situation, Mist Valley does not take title to the refunded product.

PRODUCT DESCRIPTIONS

Mist Valley strives to ensure that our product labels reflect an accurate description of our products. However, Mist Valley does not warrant that product descriptions or other content of any product is accurate, complete, reliable, current, or error-free. We further hereby expressly disclaims any other express and implied warranties with respect to our products, including the implied warranties or merchantability, fitness for a particular purpose and non-infringement of third-party intellectual property. If a product offered by Mist Valley is not as described in the product label, your sole remedy is to return it in its unused condition.

PRICING

Unless stated otherwise, the list prices or suggested prices displayed for products do not include shipping charges and excludes taxes payable to relevant regulatory institutions and customs offices.

List prices or suggested prices displayed in currencies other than US Dollars are 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 website. We reserve the right to make changes to our website, policies, service terms, and these Conditions 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 conditions.

DISPUTES

With respect to any dispute regarding the website, all rights and obligations and all actions contemplated by these terms and conditions shall be governed by the laws of Sri Lanka. Any dispute relating to your visit to this website shall be referred to arbitration in accordance with the rules of the Sri Lanka, to be heard by a sole arbitrator in the English Language. Any payment related disputes will be handled by Wilmar Tea Lanka (Pvt) Ltd, 4, R. A. De Mel Mawatha, Colombo 04, Sri Lanka.

 

Coupon Code Terms & Conditions

What is a Coupon and how do I use it?

• This offer is open to all Mist Valley users, 18 years of age or older.
• Mist Valley coupons are discount codes and they can be used at the ‘payment page’ during the checkout process. Online shoppers must add the required items to the cart and proceed to checkout at which point the user will be prompted to apply the code.
• The code, and the discount which applies to the coupon will be set forth or on the coupon itself.
• The coupon value will be discounted on the sub-total value of the basket. If a valid coupon is applied correctly on valid productsin the cart, the grand total will be updated with the discount applied.
• Any Mist Valley online customer may only take advantage of one such coupon during an online purchase.
• Coupons are not transferable and are not redeemable for cash and cannot be combined with any other coupons or any other offer or discounts or promotions and is valid for a single transaction only.
• This coupon cannot be combined with any other coupon, site discount, rebate, offer, gift certificate or other promotion, unless specified by Mist Valley.
• Each coupon is valid for a limited time only and expires on the date specified in the email sent to the claimant by Mist Valley.
• A coupon cannot be redeemed in order to purchase gift cards.
• A coupon is redeemable in its entirety only and may not be redeemed incrementally.
• Any product with ongoing promotions, special offers or any price discounted products are NOT valid for further discounting, and therefore the coupon discount will not be applied on these products. The coupon discount will be applied only on eligible products, unless specified by Mist Valley.

Why is my coupon code not working?

• Coupon codes cannot be redeemed by guest users, unless specifically communicated.
• Guest users should register for an account and sign-in to the account to be eligible to avail the coupon.
• All coupons are valid for a limited time only. For information pertaining to the validity of a particular coupon, please contact orders@teamistvalley.com.
• Mist Valley reserves the right to modify or discontinue a coupon at any time or cancel coupons at any time without prior notice to online customers, registered users or guests.
• If you do not purchase the qualifying items added to your cart when the coupon is in effect, the discount will not apply.

Can Mist Valley replace my missing coupon?

• Custom coupons, which are unique and user specific, cannot be replaced if emails are deleted or misplaced by the users.
• General coupons which are not unique can be replaced, based on the coupon validity. Users can contact orders@teamistvalley.com for the required information.
• Mist Valley accepts no responsibility for late, lost or misdirected email or other communications. Mist Valley assumes no responsibility for any failure to receive a claim or for inaccurate information or for any loss, damage or injury as a result of technical or telecommunications problems, including security breaches. If such problems arise, Mist Valley may modify, cancel, terminate or suspend the coupon.

What other information can you give me about my coupon?

• Coupon discounts cannot be claimed after confirmation of a purchase that has been carried out in any of the e-commerce websites that belong to Mist Valley.
• Coupon discounts cannot be applied to previously placed orders on any Mist Valley Ecommerce website.
• Your coupon code will be eligible ONLY on the website on which you have an account or browsed recently. If you are unsure of the website to which your coupon is valid, please contact our online shopping team on info@teamistvalley.com.
• Please write to us at orders@teamistvalley.com if you have any questions or need further clarification. 

GENERAL

You acknowledge and agree that these Conditions constitute the complete and exclusive agreement between us concerning your use of the website, and supersede and govern all prior proposals, agreements, or other communications.

We reserve the right, in our sole discretion, to change these Conditions at any time by posting the changes on the website and providing notice of such change. Any changes are effective immediately upon posting to the website and release of notice of such change. Your continued use of the website thereafter constitutes your agreement to all such changed Conditions. We may, with or without prior notice, terminate any of the rights granted by these Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the website.

Nothing contained in these 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 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 Conditions unenforceable or invalid as a whole but these 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.