This Terms of Purchase Agreement (the “Agreement”), is made by and between Lisa Westcott trading as Tea at Henry’s, and you (hereafter known as “Purchaser”, and collectively, the “Parties”).
By purchasing a Product (as defined below) from Tea at Henry’s, the Purchaser agrees to the following terms:
Tea at Henry’s provides loose-leaf teas, tea blends, tea wares and tea inspired gifts (herein referred to as the “Products”). The Purchaser agrees to abide by all policies and procedures as outlined in this agreement as a condition of their purchase. Tea at Henry's gives no undertakings as to the availability of any Products on its website. The information contained on the Tea at Henry's website is of a general nature and does not substitute professional, dietary or medical advice. The description and images of Products on the Tea at Henry's website are described and portrayed to the best of Tea at Henry's abilities based on information available to Tea at Henry's at the time. Tea at Henry's reserves the right to amend any information, description and/or images without notice.
Returns based on change of mind are not accepted. Please choose carefully and ask us if you have any questions. If you consider the Product is defective or damaged please email Tea at Henry’s within 7 days of receipt to initiate the refund process. The Products must be in their original condition and packaging.
Tea at Henry’s sells Products 'as is' without warranty or guarantee of any kind, either express or implied, including no warranty as to merchantability or fitness for a particular purpose.
ASSUMPTION OF RISK
The Purchaser agrees to accept all risk associated with the use of any Product, including but not limited to, ingestion of or application to the Purchaser’s person, the use of any Product personally or in business, all taxes and regulations applicable to any Product, all legal compliance issues related to any Product. The Purchaser understands that Tea at Henry’s is disclaiming all liability from harm of any kind or nature caused directly or indirectly from any Product.
The Purchaser agrees to indemnify and hold harmless Tea at Henry’s, its affiliates, and its respective officers, directors, agents, employees, and other independent contractors from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including legal fees and costs, arising out of, or relating to, Purchaser’s action(s) under this Agreement or misuse of a Product. The Purchaser agrees to defend against any and all claims, demands, causes of action, lawsuits, and/or judgments arising out of, or relating to, the Purchaser’s participation under this Agreement, unless expressly stated otherwise by Tea at Henry’s, in writing.
LIMITATION OF LIABILITY
The Purchaser agrees that Tea at Henry’s liability for any reason shall be no more than the total purchase price of the Product purchased.
If a dispute is not resolved first by good-faith negotiation between the Parties to this Agreement, every controversy or dispute to this Agreement will be submitted to mediation. The arbitration shall occur within ninety-(90)-days from the date of the initial arbitration demand and shall take place in Cairns, Queensland. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety-(90)-day period. The written decision of the arbitrators (which will provide for the payment of costs, including legal fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.
This Agreement shall be governed by and construed in accordance with the laws of the State of Queensland, regardless of the conflict of laws principles thereof.
ENTIRE AGREEMENT; AMENDMENT; HEADINGS
This Agreement constitutes the entire agreement between the Parties with respect to its relationship, and supersedes all prior oral or written agreements, understandings and representations to the extent that they relate in any way to the subject matter hereof. Neither course of performance, nor course of dealing, nor usage of trade, shall be used to qualify, explain, supplement or otherwise modify any of the provisions of this Agreement. No amendment of, or any consent with respect to, any provision of this Agreement shall bind either party unless set forth in a writing, specifying such waiver, consent, or amendment, signed by both parties. The headings of Sections in this Agreement are provided for convenience only and shall not affect its construction or interpretation.
Should any provision of this Agreement be or become invalid, illegal, or unenforceable under applicable law, the other provisions of this Agreement shall not be affected and shall remain in full force and effect.
The waiver or failure of Tea at Henry’s to exercise in any respect any right provided for herein shall not be deemed a waiver of any further right hereunder.
Updated: September, 2017