1.GENERAL
1.1 Scope.
Welcome to thetea.au. This Terms & Conditions (“Agreement” or “Terms”)
is a contract between you and BESTTEA CO., LIMITED, Registered
address at 17 Meadow Cres, Meadowbank NSW 2114
(collectively, “TheTea,” “we”, “us” or “our”), governing your use of our
website at thetea.au (the “Site”), any mobile applications (“Apps”)
that hyperlink to this Agreement, or any other websites, pages, features,
or content owned and operated by us that hyperlink to this Agreement (collectively,
including the Site and Apps, the “Services”).
By accessing or using the Services in any manner, including, but not limited
to, visiting or browsing the Site, downloading the mobile applications,
registering an account, or contributing content or other materials to the
Site or on or via the Apps, you expressly understand, acknowledge and agree
to be bound by the Terms of Use. You are only authorized to use the Services
if you agree to abide by all applicable laws and to these Terms.
In addition, you may read our
Privacy & Cookie Policy
at any time for more information about how TheTea collects, stores, and
protects your information when you use the Services. Our Privacy & Cookie
Policy is hereby incorporated by reference into these Terms & Conditions
as though fully set forth herein.
1.2 Updates to the Terms.
We reserve the right to modify the Terms of Use, including the Privacy
& Cookie Policy, at any time, in our sole discretion. If we modify material
terms to this Agreement, such modification will be effective after we send
you notice of the amended agreement. Such notice will be in our sole discretion,
and the manner of the notification may include, for example, via email,
posted notice on the Site or Apps, or other manner.
Your failure to cease use of the Services after receiving notification
of the modification will constitute your acceptance of the modified terms.
1.3 Acceptance of Terms.
To shop with us, you need to be at least 16 years old. Any accessing,
browsing, or otherwise using the Services indicates your agreement to all
the terms and conditions in this Agreement. If you disagree with any part
of the Terms then you should immediately discontinue access or use of the
Services. Please read this Agreement carefully before proceeding.
If you have any questions regarding these Terms & Conditions or our Privacy
& Cookie Policy, you may contact us anytime at
our Customer Service Platform
.
2.USE OF OUR SERVICES
2.1 Representations.
When you use our Services, you agree to the processing of the information
and details and you state that all information and details provided are
true and correspond to reality. You represent and warrant that you are
at least 16 years old or visiting the Services under the supervision of
a parent or guardian. Subject to the terms and conditions of this Agreement,
TheTea hereby grants you a limited, revocable, non-transferable and non-exclusive
license to access and use the Services by displaying it on your internet
browser, for our Site, or on your mobile devices, for our Apps, only for
the purpose of shopping for personal items sold on the Site or Apps and
not for any commercial use or use on behalf of any third party, except
as explicitly permitted by TheTea in advance. Any breach of this Agreement
shall result in the immediate revocation of the license granted in this
paragraph without notice to you.
2.2 Limitations on Use.
Except as permitted in the paragraph above, you may not reproduce, distribute,
display, sell, lease, transmit, create derivative works from, translate,
modify, reverse-engineer, disassemble, decompile or otherwise exploit the
Services or any portion of them unless expressly permitted by TheTea in
writing. You may not make any commercial use of any of the information
provided on the Services or make any use of the Services for the benefit
of another business unless explicitly permitted by TheTea in advance. TheTea reserves the right to refuse service, terminate accounts, and/or cancel
orders in its discretion, including, without limitation, if we believe
that customer conduct violates applicable law or is harmful to our interests.
You shall not upload to, distribute, or otherwise publish through the
Services any content, information, or other material that: (a) violates
or infringes the copyrights, patents, trademarks, service marks, trade
secrets, or other proprietary rights of any person; (b) is libelous, threatening,
defamatory, obscene, indecent, pornographic, or could give rise to any
civil or criminal liability under local or international law; or (c) includes
any bugs, logic bombs, viruses, worms, trap doors, Trojan horses or other
code, material or properties which are malicious or technologically harmful.
TheTea may assign you a password and account identification to enable you
to access and use certain portions of the Services.
Additionally, you agree not to:
- Use the Services for any unlawful purposes, or that could violate any applicable federal, state, local, or international law or regulation;
- To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm us or other persons using the Services or expose them to liability;
- Use the Services in any manner that could disable, overburden, damage, or impair the Site or Apps or any other party’s use of the Services;
- Use any robot, spider or other automated device, process, or means to access the Service for any purpose;
- Use the Services to distribute unsolicited promotional or commercial content, or solicit other persons using the Services for commercial purposes;
- Otherwise attempt to interfere with the proper working of the Service.
2.3 Account Creation and Termination.
In order to access some features available on the Services, you will have
to create an account. You may not use another person’s account. Each time
you use a password or identification, you will be deemed to be authorized
to access and use the Site or Apps in a manner consistent with the terms
and conditions of this Agreement, and TheTea has no obligation to investigate
the authorization or source of any such access or use of the Services.
You will be solely responsible for all access to and use of the Services
by anyone using the password and identification originally assigned to
you whether or not such access to and use of this site is actually authorized
by you, including without limitation, all communications and transmissions
and all obligations (including, without limitation, financial obligations)
incurred through such access or use. You are solely responsible for protecting
the security and confidentiality of the password and identification assigned
to you. You shall immediately notify TheTea of any unauthorized use of your
password or identification or any other breach or threatened breach of
the Site or App’s security.
From time to time, we may restrict access to some or all parts of the
Services, including the ability to upload documents, make payments, or
send messages
We may terminate your access to the Services at any time, in our sole
discretion, without cause or notice, or if we believe you have breached
these Terms. You may terminate your account at any time, for any reason,
by following any such instructions within the Site or App, or by contacting
us as described in the “Contact Us” section below.
2.4 Customs.
In accordance with Customs regulations customers must provide valid and
accurate data. All consignee names, address and payers name should be valid.
Certain countries request that the consignee submit their ID or passport
to clear the package or for payment verification purposes. It is the customers
sole responsible for the accuracy of data that they provide to us. Should
any information be incorrect and prevent any shipment or deliveries or
customs clearance, we will not hold responsible and will not offer any
compensation in such cases. As the importer, customers are responsible
to comply with all laws and regulations in their own countries. Please
refer to our Privacy & Cookie Policy for more information.
3.PRIVACY & COOKIE POLICY
When you use our Services and place orders through them, you agree to
provide us with your email address, postal address and/or other contact
details truthfully and exactly. You also agree that we may use this information
to contact you in the context of your order if necessary
We respect your right to privacy. To see how we collect and use your personal
information, including how to unsubscribe from non-transactional communications
from us, please see our
Privacy & Cookie Policy
.
4.ERRORS
In case you detect that an error occurred when entering your personal
data during your registration as a user of our Services, you can modify
them in the section “My Account”. In any case, you will be able to correct
errors related to the personal data provided during the purchase process
by contacting us, as well as exercising the right of rectification contemplated
in our Privacy & Cookie Policy through our Site and Apps. The Services
display confirmation boxes in various sections of the purchase process
that do not allow the order to continue if the information in these sections
has not been correctly provided. Also, the Services offer details of all
the items you have added to your shopping cart during the purchase process,
so that before making the payment, you can modify the details of your order.
If you detect an error in your order after the completion of the payment
process, you should immediately contact our customer service or email address
above to correct the error.
While TheTea strives to provide accurate product and pricing information,
pricing or typographical errors may occur. TheTea cannot confirm the price
of an item until after you order. In the event that an item is listed at
an incorrect price or with incorrect information due to an error in pricing
or product information, TheTea shall have the right, at our sole discretion,
to refuse or cancel any orders placed for that item. In the event that
an item is mis-priced, we may, at our discretion, either contact you for
instructions or cancel your order and notify you of such cancellation.
5.TRADE RULES
5.1 Price and Payment.
All prices are inclusive of VAT (where applicable) at the rate appropriate
to the country of receipt and are correct at the time of entering the information
on to the system. If for some reason we are unable to ship your goods,
the value of the items that are not shipped will be refunded to your wallet
in your TheTea Account or to the original method of payment.
All prices are exclusive of delivery charges. The total cost of the order
is the price of the products ordered plus the delivery charge.
Prices may change at any time, but (other than as set out above) changes
shall not affect the orders for which we have sent an Order Confirmation.
Once you have selected all articles that you wish to buy, they will be
added to your basket. The next step will be to process the order and make
the payment. To that end, you must follow the steps of the purchase process,
indicating or verifying the information requested in each step. Furthermore,
throughout the purchase process, before payment, you can modify the details
of your order. You are provided with a detailed description of the purchase
process in the Shopping Guide. Also, if you are a registered user, a record
of all the orders placed by you is available in “My Account” area. You
may use, as payment method, the following cards: Visa, Mastercard, American
Express, Union Pay, Paypal and online banking etc.
To minimize the risk of non-authorised access, your credit card details
will be encrypted. Once we receive your order, we request a pre-authorisation
on your card to ensure that there are sufficient funds to complete the
transaction. The charge on your card will be made at the time your order
leaves our warehouse.
When you click “Authorise Payment”, you are confirming that the credit
card is yours. Credit cards are subject to verification and authorisation
by the card issuing entity. If the entity does not authorise the payment,
we shall not be liable for any delay or failure to deliver and we will
be unable to conclude any contract with you.
5.2 Colors.
We have made every effort to display, as accurately as possible, the colors
of our products that appear on the Services. However, as the actual colors
you see will depend on your monitor, we cannot guarantee that your monitor’s
display of any color will be accurate.
5.3 Packing.
Unless otherwise provided, we will comply only with its minimum packing
standards for the method of transportation selected. The cost of all special
packing, loading or bracing requested by you will be paid for by you.
5.4 Shipping & Delivery.
TheTea ships from different warehouses in different countries. For orders
with more than one item, we may split your order into several packages
according to stock levels at our own discretion. We aim to deliver orders
as quickly as possible. However, sometimes during busy sale periods, deliveries
may take longer. If you have any questions regarding shipping and delivery
,please contact our
Customer Services Platform
.
5.5 Title and risk of loss.
Delivery to carrier shall constitute delivery to Buyer, and thereafter
risk of loss or damage shall pass to Buyer. Any claim of Buyer relative
to damage during shipping or delivery should be made directly to the carrier.
Any claims by Buyer against TheTea for shortage or damage occurring prior
to such delivery to carrier must be made within five (5) days after receipt
of the goods and accompanied by original transportation bill signed by
carrier noting that carrier received the goods from TheTea in the condition
claimed. Notwithstanding passage of the risk of loss to Buyer, title and
right of possession to the goods sold hereunder shall remain with TheTea
until all payments hereunder, including deterred payments evidenced by
notes or otherwise, Interest, carrying charges, shall have been made in
cash, and Buyer agrees to do all acts necessary to perfect and maintain
such right and title in TheTea.
5.6 Return of product.
Goods can be returned in designated period. The exact return period and
return policy differs from country to country. Please contact our customer
service for the detailed information. Customers returning goods are responsible
for freight charges.
Wrong size items and quality problem items can be exchanged. For defective
products, if a defect or damage is confirmed on the returned products,
we will give you a complete refund including the charges you have accrued
of delivery and return. The refund will be paid either to your wallet of
TheTea account or to the original method of payment.
The following items cannot be returned or exchanged: bodysuits, lingerie
& sleepwear, swimwear, jewelry, and accessories (except scarves, bags,
and mermaid blankets).
5.7 Reviews, Comments and Submissions.
Except as otherwise provided elsewhere in this Agreement or on the Services,
anything that you submit or post to the Services and/or provide to thetea.au,
including, without limitation, picture, video, ideas, know-how, techniques,
questions, reviews, comments, and suggestions (collectively, “Submissions”)
is and will be treated as non-confidential and nonproprietary, and by submitting
or posting, you agree to irrevocably license the entry and all IP rights
related thereto (excluding the moral rights such as authorship right) to
TheTea without charge and TheTea shall have the royalty-free, worldwide,
perpetual, irrevocable, and transferable right to use, copy, distribute,
display, publish, perform, sell, lease, transmit, adapt, create derivative
works from such Submissions by any means and in any form, and to translate,
modify, reverse-engineer, disassemble, or decompile such Submissions. All
Submissions shall automatically become the sole and exclusive property
of TheTea and shall not be returned to you and you agree not to raise any
dispute in connection with any use of the entry by TheTea in the future.
You warrant that your Submissions, in whole or in part, are clear and
free of any IP right infringement, disputes or third party claims. TheTea
assumes no liability for any misuse of copyright or any other rights of
third parties by you. You undertake to defense for and indemnify TheTea
against any losses caused due to the use of the entries for any purposes.
In addition to the rights applicable to any Submission, when you post
comments or reviews to the Site or Apps, you also grant TheTea the right
to use the name that you submit with any review, comment, or other content,
if any, in connection with such review, comment, or other content. You
represent and warrant that you own or otherwise control all of the rights
to the reviews, comments, and other content that you post on this site
and that use of your reviews, comments, or other content by TheTea will
not infringe upon or violate the rights of any third party. You shall not
use a false e-mail address, pretend to be someone other than yourself,
or otherwise mislead TheTea or third parties as to the origin of any Submissions
or content. TheTea may but shall not be obligated to remove or edit any
Submissions (including comments or reviews) for any reason.
6.INTELLECTUAL PROPERTY AND OWNERSHIP
6.1 Content.
The Site and Apps, including all of its information and content, such
as the text, software, scripts, graphics, photos, sounds, music, videos,
and interactive features (collectively, “Content”) provided as part of
the Services belong at all times to TheTea or to those who grant us the
license for their use. You may use the Content only to the extent that
we or the usage licensers authorize expressly.
6.2 TheTea Marks.
In addition, the “TheTea” trademarks, service marks, icons, graphics, wordmarks,
designs and logos contained therein (“Marks”), are owned by BESTTEA
CO., LIMITED “TheTea” and the Marks of TheTea are trademarks in Australia
and other countries for which applications are pending or registrations
have issued. You do not have, and will not acquire, any right, title, or
interest in or to any of the Marks. The TheTea Marks, whether on any product
offered for sale on the Site or the Apps, or appearing as a logo or text
on any portion of the Site, is not a representation that BESTTEA
CO., LIMITED is the owner of any copyright or other intellectual property
rights in the products offered for sale on the Site or the Apps. ZOETOP
BUSINESS CO., LIMITED sources some of its products from third party manufacturers
and wholesalers.
6.3 Rights Reserved.
Content on the Services is provided to you as is for your information
only and may not be downloaded, copied, reproduced, distributed, transmitted,
broadcast, displayed, sold, licensed, or otherwise exploited for any other
purposes whatsoever without the prior written consent of TheTea or the respective
owners or licensors. We reserve all rights not expressly granted in and
to the Content. You acknowledge and agree that any questions, comments,
suggestions, ideas, feedback or other information about the Services, provided
by you to us are non-confidential and shall become the sole property of
TheTea.
You agree to not engage in the use, copying, or distribution of any of
the Content other than expressly permitted herein. You agree not to circumvent,
disable or otherwise interfere with security-related features of the website
or features that prevent or restrict use or copying of any Content or enforce
limitations on use of the website or the Content therein.
7.THIRD PARTY LINKS AND RESOURCES
Our Site and Apps may contain links to third-party sites that are not
owned or controlled by us.
We have no control over, assume no responsibility for, and do not endorse
or verify the content, privacy policies, or practices of any third-party
sites or services. We make no warranties or representations about the accuracy,
completeness, or timeliness of any content posted on the Site or our Apps
by anyone other than us. We strongly advise you to read all third-party
terms and conditions and privacy policies.
8.EVENTS BEYOND OUR CONTROL
We will not be liable for any non-compliance or delay in compliance with
any of the obligations we assume under the Terms or other contracts when
caused by events that are beyond our reasonable control (“Force Majeure”).
Force Majeure shall include any act, event, failure to exercise, omission
or accident that is beyond our reasonable control, including, among others,
the following:
- Strike, lockout or other forms of protest.
- Civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, collapse, epidemic or any other natural disaster.
- Inability to use trains, ships, aircraft, motorized transport or other means of transport, public or private.
- Inability to use public or private telecommunication systems.
- Acts, decrees, legislation, regulations or restrictions of any government or public authority.
- Strike, failure or accident in maritime or river transport, postal transport or any other type of transport.
It shall be understood that our obligations deriving from the Terms or
other contracts are suspended during the period in which Force Majeure
remains in effect and we will be given an extension of the period in which
to fulfil these obligations by an amount of time equal to the time that
the situation of Force Majeure lasted. We will provide all reasonable resources
to end the situation of Force Majeure or to find a solution that enables
us to fulfil our obligations by virtue of the Terms or other contracts
despite the situation of Force Majeure.
9.LIABILITY FOR PURCHASED PRODUCTS, WAIVER, AND STATUTORY CONSUMER RIGHTS
9.1 TheTea Liability.
Unless otherwise indicated expressly in these Conditions, our liability
regarding any product acquired on our website shall be limited strictly
to the price of purchase of said product. Notwithstanding the above, our
liability shall not be waived nor limited in the following cases:
- in case of death or personal harm caused by our negligence;
- in case of fraud or fraudulent deceit; or
- in any case in which it was illegal or illicit to exclude, limit or attempt to exclude or limit our liability.
9.2 Waiver of Liability.
Notwithstanding the paragraph above, and to the extent legally allowed,
and unless these Terms indicate otherwise, we shall not accept any liability
for the following losses, regardless of their origin:
- loss of income or sales;
- operating loss;
- loss of profits or contracts;
- loss of forecast savings;
- loss of data; and
- loss of business or management time.
9.3 Warranties.
Due to the open nature of the Services and the possibility of errors in
storage and transmission of digital information, we do not warrant the
accuracy and security of the information transmitted or obtained by means
of the Services, unless otherwise indicated expressly on the Services.
All product descriptions, information and materials shown on the Services
are provided “as is”, with no express or implied warranties or conditions
of the same, except those legally established. In this sense, if you are
contracting as a consumer or user, we are obliged to deliver goods that
are in conformity with the mutually intended transaction, in accordance
with commercial reasonable expectations, being liable to you for any lack
of conformity which exists at the time of delivery. It is understood that
the goods are in conformity with the transaction or intended purchase if
they: (i) comply with the description given by us and possess the qualities
that we have presented in this website; (ii) are fit for the purposes for
which goods of this kind are normally used; (iii) show the quality and
performance which are normal in goods of the same type and which can reasonably
be expected To the extent permitted by law, we exclude all warranties and
conditions (whether express or implied), except those that may not be excluded
legitimately.
10.LIMITATION OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF TheTea
TO YOU.
- (1) BY USING THE SERVICES PROVIDED BY TheTea, YOU HEREBY ACKNOWLEDGE THAT WE ARE PROVIDING THE SERVICES, INCLUDING THE SITE AND MOBILE APPS, ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, TheTea EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, TITLE, ACCURACY, COMPLETENESS, UNINTERRUPTED OR ERROR-FREE SERVICE, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USAGE.
- (2) WE MAKE NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIM ALL LIABILITY FOR: (1) PRODUCTS, SERVICES, INFORMATION, PROGRAMMING, AND/OR ANYTHING ELSE PROVIDED BY A THIRD PARTY THAT IS ACCESSIBLE TO YOU THROUGH THE SERVICES; OR (2) THE QUALITY OR CONDUCT OF ANY THIRD PARTY YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE SERVICES.
- (3) YOU AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, TheTea WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, TheTea ENTITIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF DATA (EVEN IF FORESEEABLE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE SERVICES.
- (4) YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO CEASE USE OF THE SERVICES.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSIONS
OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. AS A RESULT, THE ABOVE LIMITATIONS
AND EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.
11.APPLICABLE LEGISLATION AND JURISDICTION
The use of our website and the product purchase contracts through said
website shall be governed by the law of Australia. If you are entering
into the contract as a consumer, nothing in this Clause shall affect the
statutory rights you have, as recognized in any applicable legislation
in this area.
12.CONTACT US
We welcome your questions and comments about our privacy practices or
these terms.You may contact us anytime through
Customer Service Platform
.