Welcome to the webpage (the “Webpage”) of teAlchemy Corporation (“Tealchemy”, “we” or “us”). The term “you” or “user” refers to you, the user of the Webpage, whether in your personal capacity or as an employee, contractor or other authorized user on behalf of another person or entity. Please review this terms of service agreement (the “Agreement”), which shall apply to your use of this Webpage, as well as to the purchase of all products sold to you through this Webpage. By accessing or using this Webpage you represent that you have reviewed and understand the terms and conditions set out herein and that you agree, without limitation or qualification, to be bound by the terms and conditions of this Agreement.
Tealchemy reserves the right to amend the content of the Webpage and any or all of the services or products provided through the Webpage, at any time, with or without notice to you. Tealchemy further reserves the right, in its sole and absolute discretion to amend this Agreement, in whole or in part, at any time. Such changes will be effective when notice of such change is posted on the Webpage. Tealchemy shall have no further obligation to notify you of such changes, and recommends that from time to time you check this Webpage to review the changes. Your continued use of this Webpage shall constitute your consent to any changes. If you do not agree with the terms and conditions of this Agreement, do not register to use the Webpage and cease using or accessing this Webpage immediately.
2. Use of this Webpage: You acknowledge and warrant that any information you may post, transmit or submit to this Webpage does not: (i) infringe on your rights; (ii) infringe on a third party’s rights, specifically but not limited to any intellectual property rights, or any other confidential or proprietary right; or (iii) constitute a criminal offence or give rise to civil liability. Additionally, you acknowledge and warrant that you will not knowingly post, transmit or submit any information that will cause damage to either the Webpage or to any other user.
You agree that you will not upload, post, communicate or otherwise submit or transmit to the Webpage any content that (i) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) includes the personal information of individuals, including, without limitation, names, telephone numbers and addresses (physical or electronic), unless consent has been obtained; (iii) contains any viruses, trojan horses, time bombs, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) interferes with or disrupts the Webpage or servers or networks connected to the Webpage, including attempting to interfere with the access of any other user, host or network, including without limitation, overloading, initiating, propagating, participating, directing or attempting any “denial of service” attacks, “spamming”, “crashing”, or “mail-bombing” the Webpage or disobeying any requirements, procedures, policies or regulations of networks connected to the Webpage; or (v) intentionally or unintentionally violates any applicable local, provincial, national or international law, rule or regulation applicable in connection with the Webpage.
Tealchemy does not generally screen or edit user content, but reserves the right, in its sole discretion, to modify, edit or remove any user content posted to the Webpage. Tealchemy may also request that you modify or edit user content if a complaint or notice of allegedly infringing materials is received with respect to the user content, or for any other reason.
Your rights with regard to accessing this Webpage may be terminated, suspended or restricted at any time at the sole discretion of Tealchemy. Tealchemy is not required to give you advance notice or explanation for the termination, suspension or restriction. The exercise of such rights by Tealchemy shall be in addition to any other rights or remedies that may be provided to Tealchemy at law.
3. Customer Account: You are responsible for maintaining the security of your customer account on this Webpage. Should any charges or damages occur due to your not taking reasonable care of your customer account or password, you agree that you will be held solely responsible and that you accept all risks associated with any such unauthorized activity.
4. Copyrights and Trademarks: All materials displayed or otherwise accessible through this Webpage are owned by Tealchemy or its licensors and any third party content suppliers, and are protected under the applicable copyright, trademark and other intellectual property laws of Canada and elsewhere. You hereby agree not to sell, license, distribute, modify, print, copy, reproduce, edit, adapt, publish, transmit, distribute or make any other similar use of the contents of this Webpage or create a derivative work therefrom, including, but not limited to, the text, graphics, audio and visual content, and code.
5. Links: This Webpage may contain links to other webpages that are operated by third parties, and are not under the control of Tealchemy. Tealchemy is not responsible for, and expressly excludes all liability with respect to these linked webpages which you access at your own risk, and Tealchemy makes no representations, warranties or conditions concerning the linked webpages or their contents.
6. Orders and Payment: When you submit an order on this Webpage, your order shall be considered as an offer to Tealchemy. Tealchemy reserves the right to refuse your order at any time and for any reason, including but not limited to: (i) the availability of the products in your area (Tealchemy specifically reserves the right to revise or cease to make available any of its products at any time); and (ii) if the products are incorrectly described or priced on the Webpage. In the event that your order is cancelled or refused, you shall receive an email confirmation stating same. Additionally, if your order is refused or cancelled following payment, Tealchemy will reimburse you for the full amount paid.
The third party credit card service provider must approve all purchases made through the use of a credit card.
You agree not to resell any products purchased under this Agreement, nor to transfer any of your rights hereunder without the prior written consent of Tealchemy.
7. Shipping: Tealchemy will ship based on the method you select from the available options. The estimated time of the arrival of your product should be considered as an estimate only, and Tealchemy will not be responsible for any damages due to delays in shipping.
Charges for shipping will be listed when you purchase the product from this Webpage. You are responsible for all federal and provincial taxes, duties and tariffs and other similar levies. You acknowledge that the products made available for sale on the Webpage may only be shipped to an address in Canada.
Tealchemy uses a third party shipping service provider to ship its products. As such, Tealchemy will not be liable for any loss, damages (direct or indirect) or expense due to shipping. Title and risk of loss shall pass to you at the moment the product that you have purchased is transferred to the third party shipping service provider.
8. Return Policy: If any of our products do not meet your expectations, we want to know. As such, please email Lynda Budd, President directly at Lynda@tealchemy.ca and please include your order number and a description of the reason for the return. We will gladly exchange or refund your purchase on accessories items only within thirty (30) days of receipt of the returned merchandise. Sorry but we do not accept returns on the loose leaf teas. Please note that refunds will only be issued to the same credit card that was used for the original purchase.
9. Disclaimer: TO THE FULLEST EXTENT POSSIBLE UNDER THE LAW, USE OF THIS WEBPAGE IS AT YOUR OWN RISK, AND TEALCHEMY HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES (EXPRESS, IMPLIED OR STATUTORY) WITH REGARDS TO THE WEBPAGE AND YOUR PURCHASE OF ANY PRODUCTS HEREUNDER. THIS WEBPAGE IS PROVIDED “AS IS”, AND MAY CONTAIN ERRORS, INACCURACIES, VIRUSES OR BUGS, AND THIS WEBPAGE MAY NOT BE UP TO DATE, AND THEREFORE IS NOT TO BE RELIED UPON. SPECIFICALLY, TEALCHEMY DOES NOT WARRANT THAT THE PRODUCT DESCRIPTION OR PRICING IS ACCURATE, COMPLETE, RELIABLE CURRENT OR ERROR-FREE. THIS EXCLUSION APPLIES TO, BUT IS NOT LIMITED TO, WARRANTIES OF MERCHANTIBILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. SHOULD YOU CHOOSE TO DOWNLOAD ANY CONTENT FROM THIS WEBPAGE, YOU DO SO AT YOUR OWN RISK.
10. Limitation of Liability: YOU HEREBY WAIVE ALL REMEDIES, WARRANTIES, GUARANTEES OR LIABILITES, ARISING FROM LAW OR OTHERWISE. IN NO EVENT SHALL TEALCHEMY, ITS OFFICERS, DIRECTORS, REPRESENTATIVES OR EMPLOYEES BE LIABLE TO YOU FOR ANY DAMAGES, HOWEVER CAUSED, INCLUDING BUT NOT LIMITED TO direct, indirect, special, consequential, incidental, punitive or otherwise. TEALCHEMY, ITS OFFICERS, DIRECTORS, REPRESENTATIVES AND EMPLOYEES SHALL NOT BE LIABLE FOR LOST PROFITS, BUSINESS INTERUPTION, ANY COMPUTER RELATED DAMAGE OR LOSS OF DATA. TEALCHEMY HEREBY EXCLUDES ALL LIABILITY WITH RESPECT TO THE TRANSMISSION OF VIRUSES OR BUGS. THIS LIMITATION OF LIABILITY SHALL APPLY EVEN IF TEALCHEMY, ITS OFFICERS, DIRECTORS, REPRESENTATIVES OR EMPLOYEES WERE INFORMED OF THE POSSIBLE OCCURRENCE OF SUCH DAMAGES. TEALCHEMY’S MAXIMUM LIABILITY SHALL IN NO EVENT EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCT.
11. Indemnification: You agree to indemnify, defend and hold harmless (including reasonable legal fees) Tealchemy, its officers, directors, employees or agents from any action arising from your misuse of this Webpage or the breach of any of the provisions of this Agreement.
12. Miscellaneous: This Webpage, any use of this Webpage and any dispute relating thereto to or to products purchased from the Webpage shall be governed and construed by the laws applicable to the Province of Ontario, without regard to conflict of law rules. Both Tealchemy and you agree to the exclusive jurisdiction of the Province of Ontario.
Should any provision of this Agreement be deemed invalid or unenforceable, those provisions shall be severed from the Agreement, but shall not affect the validity of the other provisions.