Return & refund policy and process
Because this website offers tea and related consumables, products are non-returnable due to potential food safety risks to ingestible products. This helps to assure that you only receive brand new and unopened tea from us. However, if you receive the wrong product or if you receive a product past its best before date, you may request a refund or replacement by email by providing an image of the product received.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE WEBSITE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE SERVICES ARE PROVIDED BY WEBSITE ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WEBSITE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, WEBSITE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WEBSITE DOES NOT WARRANT THAT THE WEBSITE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE SERVICES, WEBSITE’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, WEBSITE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY WEBSITE SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY WEBSITE SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
DISPUTES
YOU AND WE AGREE THAT ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF ANY WEBSITE SERVICE, OR TO ANY PRODUCTS OR SERVICES SOLD OR DISTRIBUTED BY WEBSITE, WILL BE RESOLVED BY BINDING ARBITRATION RATHER THAN IN COURT. All disputes, claims, and requests for relief must be arbitrated, regardless of when they arose, which means you and we are each waiving our right to sue in court and have a judge or jury trial. This arbitration agreement is governed by the Federal Arbitration Act (“FAA”), federal arbitration law, and the law of the Commonwealth of Virginia. There is no judge or jury in arbitration, and court review of an arbitration award is limited. A neutral arbitrator will resolve the dispute or claim and must follow the terms of this agreement as a court would.
Class Action Waiver. YOU AND WE AGREE THAT ANY ARBITRATION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION. You and we may only seek or obtain individualized relief in arbitration, and claims or requests for public injunctive relief or relief where you or we act in a representative capacity are not allowed.
Mandatory Pre-Arbitration Dispute Resolution. If you have a dispute or claim subject to this arbitration agreement, you must first contact customer service to try to resolve it. If customer service can’t resolve it and you wish to pursue arbitration, you must complete the dispute resolution procedure set forth here, including submitting a completed Notice of Dispute using this Claim Form and negotiating in good faith for 60 days. We will provide you the same information via your WEBSITE account’s primary email address if we have an arbitrable dispute with you and will follow the same dispute resolution procedure.
Arbitration Process and Procedure. If you and we do not reach a resolution within 60 days from receiving a notice of dispute or after completing a timely requested settlement conference, whichever is later, then you or we may initiate binding arbitration. Arbitration shall: (i) be administered by JAMS pursuant to the JAMS Streamlined Arbitration Rules & Procedures; (ii) be conducted by a single arbitrator; and (iii) take place virtually, in the county where you reside, or in any other location mutually agreed upon. To the extent this arbitration agreement conflicts with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards for Procedural Fairness (the “Minimum Standards”), then the Minimum Standards shall take precedence. The arbitrator shall issue a written award that states the disposition of each claim and provides a concise statement of the essential findings and conclusions on which it is based. You and we agree that any awards issued in other arbitrations will have no precedential or preclusive effect in any arbitration between us unless you and we were parties to the prior award.
Mass Arbitration. If 25 or more demands for arbitration are filed within six months relating to the same or similar subject matter and sharing common issues of law or fact, and counsel for the parties submitting the demands are the same or coordinated in any fashion, you and we agree that this will constitute a “Mass Arbitration.” If a Mass Arbitration is commenced by either party, you and we agree that (i) the JAMS Mass Arbitration Procedures and Guidelines shall apply, and (ii) the Process Administrator appointed by JAMS shall group the arbitration demands into batches of at least 25 and provide for resolution of each batch with one set of administrative fees and a single arbitrator assigned per batch. If more than 500 arbitration demands are filed in a Mass Arbitration, then the Process Administrator shall group the arbitration demands into batches of at least 100. If more than 2500 arbitration demands are filed in a Mass Arbitration, then the Process Administrator shall group the arbitration demands into batches of at least 500. You and we further agree to disclose to each other (i) all relationships with third-party litigation funders related to the Mass Arbitration and copies of all applicable litigation funding agreements; and (ii) any financial interest that you or we have assigned or transferred to a third party (excluding either party’s counsel of record) in connection with the Mass Arbitration and any agreements governing that assignment or transfer.
Appeal rights. You and we agree that the JAMS Optional Appeal Procedures will apply. If multiple parties appeal from a final award in a Mass Arbitration, the appeals shall be batched in the same or similar manner as the underlying arbitrations.
Delegation and Severability. You and we each agree that the arbitrator shall have exclusive authority to resolve all disputes relating in any way to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including disputes about whether a particular claim or demand for relief is subject to arbitration and whether this arbitration agreement is unconscionable, illusory, or otherwise unenforceable. If the arbitrator determines that you and we are precluded from arbitrating any claim or demand for relief, then that claim or demand for relief (and only that claim or demand for relief) must be severed from the arbitration. If any provision in this arbitration agreement is held unenforceable, then that provision shall be severed, with the remainder of the agreement remaining in full force and effect.