Terms and Conditions

The use of THE TEA SHOPPE(Company, our, us, we) is governed by the policies, terms and conditions set forth below. Please read them carefully. Your use of this website indicates your acceptance of these terms and conditions. Your placement of an order indicates your acceptance of these terms and conditions. These terms and conditions complement existing consumer protections and does not supersede the Competition and Consumer Act 2010 within Australia or Australian Territories.

By ordering or registering on theteashoppe.com.au you grant us the right to add your contact details to our database. From time to time we may contact you about offers and new products.

You can easily be removed by contacting our Customer Service and we will remove you from marketing communications or click unsubscribe at the base of the email.

Usernames and Passwords
If we authorise you to register for or otherwise use online shopping, then you must keep your username and password (if any) confidential and not disclose it to any other person. Nor may you permit any other person to use that username or password (either for their own use or on your behalf). 

Order Acceptance
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell.

We reserve the right at any time after receipt of your order to accept or decline your order for any reason. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item.

All orders placed must obtain pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance department. We may require additional verifications or information before accepting any order. We do not accept orders from dealers, exporters, wholesalers, or other customers who intend to resell the products.

Acceptance of the Goods
The buyer is responsible for inspecting the goods for fault and notifying us within 15 working days of receiving the goods should there be a fault.

Return of the Goods

We do not set a time limit on returns, though we ask that returns be made in a timely manner. All items are to be be kept in new condition, unopened.

Liability
We reserve the right to refuse any order without giving reason. Upon cancellation of an order we will make all reasonable attempts to contact you using the details provided. All received monies will be refunded using the method received.

Product Disclaimer Reproduction of colours is as accurate as photographic processes allow, however please note that product colours may vary slightly from what is displayed on your computer monitor and may vary from monitor to monitor. Although listed on the website, some items, sizes, colours and styles might not be immediately available or temporarily or permanently out of stock. We aim to ensure that our website is accurate, however, sometimes errors occur, for which we apologise.

Copyright
All of the material on and in relation to the website is and remains the property of THE TEA SHOPPE at all times, or in the case of some material, a third party. You are not permitted to copy, reproduce, modify, transmit, post or distribute, whether electronically or otherwise, any material from the website.

Any other use of the website material constitutes a breach of THE TEA SHOPPE's copyright and other proprietary rights. You may copy and email our webpage URL's to your family and friends for private and non-commercial purposes.

Ownership

All materials on this Site, including but not limited to audio, images, software, text, artwork, video clips and other materials (Content) are protected by copyright under Australian copyright law, international conventions, and other copyright laws. You shall not copy, capture, reproduce, perform, transfer, sell, license, modify, manipulate, create derivative works from or based upon, republish, upload, edit, post, transmit, publicly display, frame, link, distribute, or exploit, in whole or in part, the Site or the Content. There are a number of proprietary logos, service marks, and trade marks found on the Site, all of which are owned by, or licensed to, or otherwise authorized for use by the Company. By making them available on the Site, the Company is not granting you any licence to utilize those proprietary logos, service marks, or trade marks. Any unauthorized use of the Content may violate copyright laws, trade mark laws, the laws of privacy and civil and criminal statutes.

You may download one copy only of the Content to be used only by you for your personal and non-commercial use at home. If you download any Content from the Site, you may not remove any copyright or trade mark notices or other notices that accompany it.

Security of Electronic Transmissions

Internet transmissions are never completely private or secure. You understand that any message or information you send to this Site may be read or intercepted by others, unless there is a special notice that a particular message is encrypted. Sending an e-mail message to the Company does not create any reciprocal obligation or responsibility of the Company to you.

Links to Other Websites

The Site may contain links to other Internet sites on the World Wide Web. The Company provides such links for your convenience only, and is not responsible for the content of any website linked to or from the Site unless it is owned or published by the Company. Links from the Site to any other website do not indicate that the Company approves of, endorses, sponsors, or recommends that website. The Company disclaims all warranties, express or implied, as to the accuracy, legality, reliability or validity of any content on any other website.

Right to Change These Terms of Use or Site Content

THE TEA SHOPPE reserves the right to make changes to this website and these terms and conditions at any time. We may add to, change, or remove any part of these Terms of Use at any time, without notice. Any changes to these Terms of Use or any terms posted on the Site apply as soon as they are posted. By continuing to use the Site after any changes are posted, you are indicating your acceptance of and agreement to those changes. Furthermore, the Company may add, change, discontinue, remove, or suspend any other Content posted on the Site, including features and specifications of products and services described or depicted on the Site, temporarily or permanently, at any time, without notice and without liability.

Disclaimer

Your use of the Site is at your own risk. The Site (including all content and functions made available on or accessed through the Site) is provided "as is." Subject to any rights available to you under the Australian Consumer Law, the Company disclaims all warranties, express or implied, including, but not limited to, implied warranties, guarantees and conditions of merchantability and fitness for a particular purpose, workmanlike effort, title, and non-infringement.

You may have certain rights under the Australian Consumer Law including consumer guarantees that the provision of services obtained through the Site and / or any goods obtained from the Site will be of acceptable quality. These Terms do not exclude or limit these guarantees or any other statutory rights you may have under applicable laws which cannot be excluded by agreement.

The Company does not warrant that the server that makes the Site available is free of viruses or other harmful components that may infect, harm, or cause damage to your computer equipment or any other property when you access, browse, download from, or otherwise use the Site.

All health and medical information or advice displayed on this Site, if any, is not intended to be relied upon or used by you in isolation. We may use the services of qualified health and medical professionals but the Company is not qualified to and does not provide medical advice. Any health or related information displayed on this Site should not be used in place of the advice of your doctor or other health care provider. We do not recommend the self-management of health or medical problems, nor do we promote or recommend any particular form of medical or alternative treatment. Company recommends that you consult with your doctor prior to commencing any training programs created and displayed on this Site. You should never disregard medical advice or delay seeking it because of something you have read on this Site. You should always seek prompt medical care for any specific health issue.

Company is under no obligation to keep and maintain any data entered or submitted by you to this Site. Company is not obliged to make any back-up(s) of data submitted by you.

The inclusion of any advertising or other information or third party material on any page of this Site which promotes products or services to be supplied by a party other than the Company does not imply that Company endorses or recommends any such party, product or service.

While all reasonable care has been taken in publishing and maintaining this Site, Company and sponsors of any material presented on this Site accept no liability or responsibility whatsoever for, or in respect of, any use of this Site or any reliance upon material contained on this Site or any linked website. You should make your own inquiries and take independent advice tailored to your specific circumstances prior to making any decisions.

Company will not be liable for any loss resulting from any action or decision by you in reliance on the material or content on the Site, nor any interruption, delay in operation or transmission of the Site. You are solely responsible for any damage to your computer systems or loss of data that results from your use of the Site.

You expressly acknowledge and agree that Company does not exert control over users of the Site and Company is not liable either for their opinions or their behaviour, including any information or advice and any defamatory statements or offensive conduct on their part or the breach of any law including those relating to privacy.

Limitation of Liability

Company’s liability for any loss or damage (however caused) with respect to use of the Site, is limited to the greater of:

(a) remedies available to you under the Australian Consumer Law, including, in particular, the consumer guarantees in respect of the supply of goods and services under the Australian Consumer Law; or

(b) $100 AUD.

Indemnity and Waiver by User

You agree to indemnify and keep indemnified Company from and against any costs, loss, liability, claim or damage which Company incurs or suffers as a result of any default by you in respect of these Terms of Use or of any other wrongful act or omission by you in connection with your use of the Site except to the extent that any such cost, liability, claim or damage is caused by or contributed to by the Company’s negligence, default or any other wrongful act or omission.

General Provisions

These Terms of Use and any additional terms posted on this Site together constitute the entire agreement between the Company and you with respect to your use of the Site. No waiver of any obligation by the Company will be effective unless in writing and executed by the Company. Any alleged claim or cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the alleged claim or cause of action arises. If, for any reason, a court of competent jurisdiction finds any provision of these Terms of Use, or any portion thereof, to be unenforceable, that provision or portion shall be deemed severable, and shall not affect the validity and enforceability of any remaining provision of these Terms of Use. These Terms of Use shall be governed by and construed in accordance with the laws of Queensland, Australia, without reference to its conflicts of law rules. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Queensland and any courts of appeal from them for determining any dispute concerning these Terms of Use. The Company reserves the right to commence proceedings in any jurisdiction and under the law of that jurisdiction in order to enforce it rights under these Terms of Use.