Terms & Conditions

This agreement along with the Privacy Policy applies as between you, the User of this Web Site 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 any order. 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.

No part of this Web Site is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer. All orders are subject to acceptance by us, and our acceptance of that offer is deemed to occur only upon us by sending a dispatch email to you indicating that your order has been fulfilled and is on its way to you. The contract between us will only be formed when we send you the dispatch email, and it shall be only for those Goods whose dispatch we have confirmed in the dispatch email. We will not be obliged to supply any other Goods which may have been part of your order until we confirm the dispatch of those Goods by a separate dispatch email.
Please retain a copy of these Terms and Conditions for future reference.

1.

Definitions and Interpretation

In this Agreement the following terms shall have the following meanings:
 
“Account” means collectively the personal information, Payment Information and credentials used by Users to access Content and / or any communications System on the Web Site;
“Carrier” means any third party responsible for transporting purchased Goods from our Premises to customers;
“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;
“Goods” means any products that CHO YUNG advertises and / or makes available for sale through this Web Site;
“CHO YUNG” means CHO YUNG (UK) Limited registered in England and Wales under company number 06708912 having its registered office at 101A, Charlton Road, Harrow, Middlesex, HA3 9HR. and trading office is located at the Premises. "Service" means collectively any online facilities, tools, services or information that CHO YUNG makes available through the Web Site either now or in the future;
“Service” means collectively any online facilities, tools, services or information that CHO YUNG makes available through the Web Site either now or in the future;
“Payment Information” means any details required for the purchase of Goods from this Web Site. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
“Purchase Information” means collectively any orders, invoices, dispatch notes, receipts or similar information that may be in hard copy or electronic form;
“Premises” Means our place of business for customer service and returns located at:
CHO YUNG LIMITED 
PO BOX 1119 
Crawley 
West Sussex, RH10 0BB
“System”

means any online communications infrastructure that CHO YUNG makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;

“User” / “Users” means any third party that accesses the Web Site and is not employed by CHO YUNG or acting in the course of their employment; and
“Web Site” means the website that you are currently using www.cho-yung.com and any sub-domains of this site.
 

2.

Your Status

By placing an order on the Web Site, you warrant that you are at least 18 years old, and legally capable of entering into binding legal contracts.
 

3.

International Customers

3.1 All orders outside the UK will be charged £9.95 extra (non-refundable) for each shipment
3.2 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 of the country into which the Goods are being imported. 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.
 

4.

Intellectual Property

4.1 Subject to the exceptions in Clause 6 of these Terms and Conditions, all Content included on the Web Site, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of CHO YUNG, our affiliates or other relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
4.2 You must not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by CHO YUNG.
 

5.

Third Party Intellectual Property

5.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
5.2 Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Web Site or unless given express written permission to do so by the relevant manufacturer or supplier.
 

6.

Links to Other Web Sites

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.
 

7.

Use of Communications Facilities

7.1 When using the "Trial offer" enquiry form or any other System on the Web Site you should do so in accordance with the following rules:

7.1.1  You must not use obscene or vulgar language;

7.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;

7.1.3 You must not submit Content that is intended to promote or incite violence;

7.1.4 It is advised that submissions are made using the English language as we may be unable to respond to enquiries submitted in any other languages;

7.1.5 The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;

7.1.6 You must not impersonate other people, particularly employees and representatives of CHO YUNG or our affiliates; and

7.1.7 You must not use our System for unauthorised mass-communication such as "spam" or "junk mail".
7.2 You acknowledge that CHO YUNG reserves the right to monitor any and all communications made to us or using our System.
 

8.

Accounts

8.1 In order to purchase Goods on this Web Site and to use the facilities you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Web Site as we may not require payment information until you wish to make a purchase. By continuing to use this Web Site you represent and warrant that:

8.1.1 All information you submit is accurate and truthful;

8.1.2 you have permission to submit Payment Information where permission may be required; and

8.1.3 you will keep this information accurate and up-to-date.

Your creation of an Account is further affirmation of your representation and warranty..
8.2 It is recommended that you do not share your Account details, particularly your username and password. CHO YUNG accepts no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
8.3 If you have reason to believe that your Account details have been obtained by another without consent, you should contact CHO YUNG immediately to suspend your Account and cancel any unauthorised purchases that may be pending. Please be aware that purchases can only be cancelled before they are not processed. In the event that an unauthorised purchase is processed prior to your notifying us of the unauthorised nature of the purchase, CHO YUNG accepts no liability or responsibility and you should make contact with the Carrier detailed in the Purchase Information.
8.4 When choosing your username you are required to adhere to the terms set out above in Clause 7. Any failure to do so could result in the suspension and/or deletion of your Account.
 

9.

Termination and Cancellation of Account

9.1 CHO YUNG may terminate your Account at any time. If your Account is terminated, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate your Account without giving any reasons for such termination.
9.2 If your Account is terminated, any current or pending purchases on your Account will not be cancelled and will be dispatched.
9.3 CHO YUNG reserves the right to cancel purchases of any Goods ordered by you prior to processing the payment and dispatch, without stating any reasons for such cancellation.
9.4 You may cancel your Account at any time if you are not completely satisfied with the Goods or services offered by CHO YUNG. To cancel your Account, you must contact CHO YUNG customer services by email to help@cho-yung.com

Please provide your e-mail address and other Registration Data while sending a cancellation request for efficient processing of your request.
9.5 Unless you are canceling your Account within our "Trial offer" period, we will not refund any amounts previously paid by you up to the date of cancellation or termination of your Account, you shall not receive any pro-rata refund for partial months and you remain liable for any and all unpaid charges on your Account billed by CHO YUNG
 

10.

Goods, Pricing and Availability

10.1 Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods available from CHO YUNG correspond to the actual Goods, CHO YUNG is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods, not different Goods altogether.
10.2

CHO YUNG does not represent or warrant that such Goods will be immediately available. Stock indications are not provided on the Web Site. CHO YUNG offers limited discounted plans everyday. The number of discounted plan may vary time to time. It is not necessary that every customer will get the discounted plan.

10.3 All pricing information on the Web Site is correct at the time of going online. CHO YUNG reserves the right to change prices and alter or remove any special offers from time to time and as necessary. All pricing information is reviewed and updated on a regular basis.
10.4 In the event that prices are changed during the period between an order being placed for Goods and CHO YUNG processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price;
10.5 You shall be liable to pay VAT (if applicable) on all purchases made from the Web Site and all prices are inclusive of VAT (where applicable).
 

11.

TRIAL OFFER, CANCELLATION AND RETURNS POLICY:

11.1 CHO YUNG promotes it's product by way of "Trial offer" and if you opt for "Trial offer" after opening a new Account, you consent to the terms and conditions of the "Trial offer". If you select such "Trial offer" promotion, you will not be charged for the Goods except for the costs of postage and packing which shall be non-refundable. We expect that you will receive the Goods within fours days from the date of signing up for the "Trial offer". Your "Trial offer" period therefore shall be deemed to commence from the fifth day of signing up for it (Commancement Date).
11.2 After the Commencement Date, you have the right to cancel your subscription within 14 (fourteen) days. If you cancel your subscription within 14 (fourteen) days and return the unused packet in accordance with clause 11.6, you will not be charged for the Goods. However, if you do not cancel your subscription within 14 (fourteen) days from the Commencement Date, you shall be liable to pay the full subscription costs for the entire month starting from the Commencement Date and for each subsequent month thereafter, until a cancellation request is made by you in accordance with Clauses 11.8 and 11.9.
11.3 After signing up for the "Trial offer", we shall process your application and dispatch the Goods to your address. The Goods shall be deemed to have been received by you by the Commencement Date. If you do not receive your Goods within four days after signing up for the "Trial offer", you must communicate by e-mail to CHO YUNG and under such circumstances, we may provide you with a written confirmation to extend the Commencement Date of your "Trial offer".
11.4 The "Trial offer" period shall expire on the fourteenth day from the commencement Date. Within this period you must notify us if you do not wish to continue with the subscription and cancel your subscription in accordance with Clause 11.6. If you do so, you will qualify for a "trial offer", otherwise you shall be liable to pay the full month's supply starting from the Commencement Date.
11.5 On signing up for the "Trial offer", we shall dispatch you two packets of the Goods containing 30 (thirty) Cho-Yung tea in each packet and both the packets together shall cover the supply for one full month.
11.6 Out of the two packets delivered to you on signing up for "Trial offer", one packet shall contain Goods for the "Trial offer" period of 14 (fourteen) days and the second packet shall contain Goods for the remaining days of that month's supply.

If you do not cancel your subscription within 14 (fourteen) days from the Commencement Date, then the non-cancellation of the order shall be treated as acceptance of the subscription for the complete month's supply which shall also include the "Trial offer" period and you shall therefore be charge £56.50 (being the full subscription price of a month's supply) for the Goods, which shall also include the value of the Goods availed during the "Trial offer" period.

However, if you do not intend to subscribe for the Goods after the expiry of 14 (fourteen) days "Trial offer" period, then you must make a cancellation request to us via e-mail (help@cho-yung.com) before the expiry of 14 (fourteen) days from the Commencement Date and return the second unused, sealed packet of the Goods to us within four days of the date of making a request for cancellation. Non-receipt of the second packet within four days shall not entitle you to a refund.

If we receive the second packet of Goods in an unused, properly sealed packet and in good condition after the expiry of four days from the date of the cancellation request, then the "Trial offer" period conditions will not be applicable and you shall be charged £28.25 for the Goods consumed during the "Trial offer" period.

After cancellation you can send the maximum of 2 unused packets for the purpose of refund. If you send more than 2 packets then a refund shall be given only for 2 unused packets.

Refund policy shall not be applicable if payment for these offers is made through Paypal.com.
11.7 You hereby authorize CHO YUNG to debit £56.50 from your credit/debit card being the full month's subscription fee, if you do not cancel your "trial offer" subscription as set out in Clause 11.6 above. However, if you cancel your subscription in accordance with the requirements as set out in Clause 11.6 above, you shall not be charged for the Goods provided under the "Trial offer" period and if you have been charged in error, we shall refund the money to your credit/debit card. You further authorize us to debit your credit/debit card with the subscription charges for each month following the "Trial offer" period.
11.8 If you continue with your subscription after the expiry of the "Trial offer" period, you will be charged for the full subscription amount for that month (including the "Trial offer" period) and £59.99 for each subsequent month there after. If you wish to cancel your subscription after a month from placing the first order i.e. signing up for the "Trial offer", you must make a cancellation request to us by e-mail (help@cho-yung.com) to cancel your subscription for the following month at least before 7 (seven) days before the commencement of the following month's subscription, such subscription shall commence on the same date of each month following the month in which the first order was made (Subscription Date). If you do not make a cancellation request, you shall be liable to pay £59.99 for the next month's supply and the same amount for each month's supply thereafter. In case of any doubt, you shall not be entitled to a refund of the costs of the "Trial offer" period for any cancellation request made after the expiry of 14 (fourteen) days from the Commencement Date.
11.9 If you make a request for cancellation of your subscription after the Subscription Date and before the following month's Subscription Date, you shall be entitled to a refund under the 30 days money guarantee programme of CHO YUNG at the rate of £28.25 per unused packets from the cost of that month's subscription provided that you return the packets in good condition with four days of making such a request for cancellation.
11.10 CHO YUNG shall not be liable to refund any postage and packing charges incurred by you in returning the Goods back to us.
11.11 All eligible refunds shall be credited to the same credit/debit card that you originally used to make the purchase. We will process the refund due as soon as possible and, in any case, within 30 days of the date that you have given notice of your cancellation.
11.12 All returns must be made to PO BOX 1119, Crawley, West Sussex, RH10 0BB and a returns number must be requested in all cases by sending an e-mail to help@cho-yung.com, returns received without a returns number will not be credited.
11.13 Upon prior written notice to you (with e-mail sufficing), we reserve the right to change our pricing and/or billing practices at our sole discretion. If you do not agree with these changes, you may cancel your subscription at any time, but you remain responsible for the timely payment of any charges that you may have already incurred. Continued acceptance of the Goods and use of your Account after receipt of such notice shall consistue consent to any and all such changes.
11.14 If any overdraft or penalty charges are levied by your bank due to your payment to CHO YUNG then the same shall be borne by you and CHO YUNG shall not be liable for such overdraft or penalty charges.
 
12. Other Plans
12.1 Besides "Trial offer", CHO YUNG also offers 3 months and 6 months packages of tea at discounted prices. You will get 2 packets of tea for one month, 6 packets of tea for 3 months and 12 packets of tea for six months upon payment as per terms.
12.2 If under 3 month and 6 month plans, you send us unconsumed and packed packets in good condition, you will be refunded on pro rata basis on the number of packets returned after deducting postage and handling, and admin charges for the said supply and return. The deduction will be done on the basis of the plan bought, as follows:
1 month plan: £3.99
3 month plan: £9.99
6 month plan: £14.99
12.3 The return policy is applicable only when you send us the packets within 15 days of placing the order. No refund request will be entertained if returns are received outside the allowed period.
12.4 You will have the option to upgrade your plan. On choosing to upgrade, you will be charged only the balance payment after adjusting the previous payment from the cost of new upgraded plan. However, the packets of tea already supplied to you shall be adjusted while supplying the tea packets under the new plan.
12.5 Refund policy for 3 month and 6 month supply shall not be applicable if payments for these offers are made through Paypal.com.
 

13.

Delivery

13.1

CHO YUNG will notify you by way of email when your goods are to be dispatched to you. The message will contain details of estimated delivery times in addition to any reasons for a delay in the delivery of the Goods purchased by you.

13.2 If CHO YUNG receives no communication from you, within 2 days of delivery, regarding any problems with the Goods, you are deemed to have received the Goods in good condition with no problems.
13.3 Shipping and handling fees are non refundable at anytime and will be charged at the rate as indicated during your registration and/or order processing.
 

14.

Returns Policy

CHO YUNG aims to always provide high quality Goods that are fault free and undamaged. On occasion however, goods may need to be returned. Returns are governed by Clause 11 of these Terms and Conditions.
 

15.

Privacy

Use of the Web Site is also governed by our Privacy Policy which is incorporated into these terms and conditions by this reference. To view the Privacy Policy, please click on this link.
 

16.

Testimonials

If you have a weight loss story by using Cho-Yung tea, 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. If your weight loss story and pictures are selected for display at Cho-Yung website as testimonials, you shall become entitled to £150,. That merely by sending the story and picture does not create any right to claim £150.
 

17.

Disclaimers

CHO YUNG aims to always provide high quality Goods that are fault free and undamaged. On occasion however, goods may need to be returned. Returns are governed by these Terms and Conditions.
17.1 CHO YUNG makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Goods.
17.2 No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.
17.3 No part of this Web Site is intended to constitute a contractual offer capable of acceptance.
 

18.

Changes to the Service and these Terms and Conditions

CHO YUNG reserves the right to change the Web Site, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Web Site following the changes. If CHO YUNG is required to make any changes to Terms and Conditions relating to sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
 

19.

Availability of the Web Site

The Service is provided "as is" and on an "as available" basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

CHO YUNG accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
 

20.

Limitation of Liability

CHO YUNG shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort or otherwise or any other damages resulting from any of the following:
a.
the use or the inability to use the Site;
b.
any defect in goods, samples, data, information or services purchased or obtained from a User or a third-party service provider through the Site;
c.
violation of Third Party Rights or claims or demands that User's manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Site may violate or may be asserted to violate Third Party Rights; or claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants;
d.
unauthorized access by third parties to data or private information of any User;
e.
statements or conduct of any User of the Site; or
f.
Any matters relating to Premium Services however arising, including negligence:-
  Not with standing any of the foregoing provisions, the aggregate liability of CHO YUNG its employees, agents, affiliates, representatives or anyone acting on its behalf with respect to each Use for all claims arising from the use of the Site or the CHO YUNG service shall be limited to the total amount of money you paid to CHO YUNG in the one (1) month period immediately preceding the incident on which claim is based. This limitation of liability shall apply for all Claims, regardless of whether CHO YUNG was aware of or advised in advance of the possibility of damages or such Claims. The preceding sentence shall not preclude the requirement by the User to prove actual damages.
 
1.
The Website and all Products and services provided to you are provided on "as is" basis without any warranty whatsoever except as otherwise specifically stated in this Agreement.
2.
The warranties and representations specifically set forth in this agreement are the only warranties and representations with respect to this Agreement, and are in lieu of any and all other warranties, written or oral, express or implied, that may arise either by agreement between the parties or by operation of law, including warranties of merchantability and fitness for a particular purpose. None of these warranties and representations will extend to any third person. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
 

21.

Indemnification

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 and conditions of this Agreement. We shall promptly notify you by electronic mail of any such claim or suit, and cooperate fully (at your expense) in the defense 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.
 

22.

Severability

In the event that any of these Terms and Conditions are found by any competent authority to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
 

23.

No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
 

24.

Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
 

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.
 

26.

Notices

All notices / communications shall be given to us either by post to our Premises (see address above) or by email tosupport@cho-yung.com. 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.

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 England and Wales and CHO YUNG and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.

 

All individuals featured on website have been remunerated and have signed standard legal endorsement release forms. (Available upon request).