Terms & Conditions
Set out below are the Terms of Purchase Agreement and the Terms and Conditions for Use of the Tea at Henry's Website.
TERMS OF PURCHASE AGREEMENT
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
TERMS AND CONDITIONS FOR USE OF TEA AT HENRY'S WEBSITE
BY VISITING TEA AT HENRY’S WEBSITE,
YOU ARE CONSENTING TO OUR TERMS AND CONDITIONS.
By using Tea at Henry’s website, referred to as this “Site”, all visitors, referred to as “user”, “you” and “your” are bound by these Terms and Conditions. The terms “we”, “us”, and “our” refer to Lisa Westcott trading as Tea at Henry’s. Accessing any area of this Site shall be deemed a use of the Site and an acceptance to the terms and conditions provided herein.
Information provided on the Site and related to our service of sales of loose-leaf tea and tea blends and tea wares (the “Service”) is subject to change. Tea at Henry’s makes no representation or warranty that the information provided is accurate.
In order to use the Site and Service, you may be required to provide information about yourself including your name, email address, and other personal information. You agree that any registration information you give to Tea at Henry’s will always be accurate, correct and up to date. You shall only be allowed to provide your own personal information and not the information of others.
You may use the Site and Service for lawful purposes only. You shall not post on the Site anything that is false, defamatory, misrepresenting, or would interfere with or restrict any other user from using the Site. This includes, but is not limited to, posting anything unlawful, obscene, libelous, indecent, invasive of privacy, or anything that would cause the potential for civil liability or criminal charges.
Failure to comply with the terms and conditions listed here may cause you to be removed from the Site.
The Site and Service contain intellectual property owned by Tea at Henry’s, including, without limitation, trademarks, copyrights, proprietary information and other intellectual property as well as the Tea at Henry’s name, logo, all designs, text, graphics, other files, and the selection and arrangement thereof. You may not use in any format whatsoever any of the Site or Service content or intellectual property, in whole or in part without our prior written consent. Any copyright infringement will result in legal action taken on behalf of the Tea at Henry’s.
LIMITATION OF LIABILITY
Under no circumstances shall Tea at Henry’s or any of its parents, subsidiaries, affiliates, or otherwise be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the site or service, including but not limited to negligence. Additionally, Tea at Henry’s is not liable for damages in connection with (i) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus or line or system failure; (ii) loss of revenue, anticipated profits, business, savings, goodwill or data; and (iii) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability. The foregoing applies even if Tea at Henry’s has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. In no event shall Tea at Henry’s cumulative liability to you exceed $100.
The Site and the Service may contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the information or services of these third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Tea at Henry’s. Unless otherwise stated, these Terms and Conditions only cover the use of this Site. Any other link will be covered by the terms and conditions of that specific site. You acknowledge and accept that we are not responsible for the terms or practices of third parties. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You shall indemnify and hold us harmless from and against any and all claims, actions or demands, liabilities and settlements, as well as third party claims and causes of action, including, without limitation, legal fees, resulting from your violation of these Terms and Conditions, or any use by you of the Site or Service. You shall bear the sole financial burden in connection with any such defence, including, without limitation, providing us with such information, documentation and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defence without our prior written consent.
GOVERNING LAW; VENUE; MEDIATION
This Agreement shall be construed in accordance with, and governed by, the laws of the State of Queensland, exclusive of its choice of law rules. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to these Terms and Conditions first by mediation. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Cairns, Queensland and any such award shall be binding on the parties. The prevailing party or parties shall be entitled to recover reasonable legal fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
Should any provision of these Terms and Conditions be or become invalid, illegal, or unenforceable under applicable law, the other provisions shall not be affected and shall remain in full force and effect.
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable; any transfer, assignment or delegation by you is invalid.
These Terms and Conditions constitute the entire agreement between the parties with respect to its relationship and supersede all prior oral or written agreements, understandings and representations to the extent that they relate in any way to the subject matter hereof. No waiver of any of the provisions shall bind either party unless set forth in a writing specifying such waiver, consent or amendment signed by both parties.
The headings of these Terms and Conditions are provided for convenience only and shall not affect its construction or interpretation.
By using the Site, you agree to these Terms and Conditions, without modification, and acknowledge reading them. We reserve the right to change these Terms and Conditions or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms and Conditions on this Site. By continuing to use the Site after we post any such changes means you accept the new Terms and Conditions with the modifications.
To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms and Conditions.
Updated: September, 2017