terms of services
ACCEPTING THESE TERMS
By using or accessing the website (boontea.com, the “Service”, the “site”) of Boon Tea LLC (Boon Tea, Boon, we, us) you agree to be bound by our terms listed below. Please read all of the terms before using our site. Contact us with any questions or concerns at firstname.lastname@example.org with subject: Terms.
This website is owned and operated by Boon Tea, LLC. The mailing address is 2711 N. Sepulveda Blvd, Manhattan Beach CA 90266.
CHANGES TO THESE TERMS
We reserve the right to modify these Terms at any time. For example, we may update the terms when adding a new feature set. Whenever we make changes to these Terms, the changes are effective immediately after we post revised Terms (indicated by revising the date at the top of this page). If you continue to use the Service after the revised Terms go into effect, then you have accepted the changes to these Terms.
THIRD PARTY SERVICES
By using this site and/or providing personal information to us, you certify that you are above the age of 13. When you create an account with us, you agree to maintain the security of your password and accept all risks of unauthorized access to any data or other information you provide. If you discover or suspect any Service security breaches, please let us know as soon as possible.
We reserve the right to refuse order fulfillment or prohibit orders for any reason under our sole discretion. If your order is cancelled after payment is received, we will issue a refund. We reserve the right to cancel orders that appear to be placed with the intent to resell or distribute our product.
We reserve the right to edit product descriptions and supplemental information at any time. We apologize for any inconvenience this may cause you during the ordering process.
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
We cannot guarantee that product colors as they appear in our photographs represent actual product color. This is due to different color profiles depending on the monitor or screen.
We endeavor to accurately convey flavor notes of our consumable products through extensive description and tasting notes. We also attempt to accurately represent the appearance our non-consumable products such as teaware, one-of-a-kind ceramics, and accessories through description, dimensions, and photographs.
However, such methods are not exhaustive. Upon receiving the product, you may perceive differences in taste or appearance that were not conveyed in the web description or photographs. By using our site, you agree not to base your evaluation of our products on the descriptions, which are intended only to supplement sampling or purchase of our products. We do not accept returns on consumable products once opened. All responsibility rests upon the buyer to purchase small quantities for evaluation purposes or contact us for additional information before purchase. We welcome feedback on our descriptions as we aim to make them as accurate as possible.
Due to the nature of our small batch, limited edition, and seasonal products, we cannot replenish stock once it sells out. We make every effort to remove our out of stock products in a timely manner. For individual questions about product availability, please email us at email@example.com.
Any and all correspondence with us such as submissions, feedback, reviews, comments, emails, or other user-generated content shall become and remain the property of Boon Tea, LLC. We reserve the right to use correspondence content in any form we choose, but we will request permission if use of your name is necessary. For example, we may use feedback to update a product description. We do not guarantee compensation or response to any correspondence.
PERMITTED AND PROHIBITED USE
You may use our website only for lawful purposes and in accordance with these terms. You agree not to use our website in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries).
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
All materials, including but not limited to site logo, design, text, graphics, pictures, information and other content is intellectual property owned by us and is protected by U.S. and international copyright laws.
Users of the site are prohibited from: (i) modifying or otherwise making any derivative uses of the Service or any portion thereof; (ii) using any data mining, robots or similar data gathering or extraction methods; (iii) reverse engineering or accessing the Service to build a competitive product or service; or (iv) using the Service other than for its intended purposes. Violations of our terms may result in termination of your use of the Service.
HYPERLINKS AND THIRD-PARTY CONTENT
You may create a hyperlink to our site, but you may not use, frame or utilize framing techniques to enclose any of our logos or other proprietary information without our express written consent.
Boon Tea makes no claim or representation for third party content and accepts no responsibility for third party websites accessible by hyperlink from the Service or websites linking to the Service. When you leave the Service, you should be aware that these Terms and our policies no longer govern.
SALE OF PRODUCTS
Our Website may include the offer for sale of certain products (“Products”). Any offer for sale or purchase of such Products is subject to the terms of sale and warranty (if any) provisions of the vendor offering the particular Product through our Website (including through any shopping cart for the particular Product). We are not responsible for any such transactions or Products unless we are the vendor, in which case the terms of purchase applicable for that Product shall apply. All Products displayed on the Website will be delivered within the United States of America. All prices displayed on the Website are quoted in U.S. Dollars and are valid and effective only in the United States. We reserve the right without prior notice to discontinue or change specifications on Products and services offered on the Website without incurring any obligations.
LINKS TO OTHER SITES
Our Website may contain links to other websites that we do not own or control. We are not responsible for any of these other websites and any links to these other websites should not be interpreted as an endorsement of any company, content or products. You will not hold us responsible for any aspect of these other websites, including their content, privacy policies, or anything else. You may be exposed to things on other websites that you do not like or that you find offensive. We are not responsible for this, either. You must use your own discretion when you go to other websites. You should also read the terms and conditions and privacy policies of these other websites.
USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY AND ITS AFFILIATES, SUPPLIERS AND PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
THE COMPANY AND ITS AFFILIATES, SUPPLIERS AND PARTNERS MAKE NO WARRANTY THAT (i) THE WEBSITE OR ANY PRODUCTS PURCHASED THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS; (ii) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) THAT THERE WILL BE NO ERRORS IN THE WEBSITE OR THAT COMPANY WILL FIX ANY ERRORS. ANY MATERIALS OBTAINED THROUGH USE OF THE WEBSITE ARE OBTAINED AT YOUR OWN DISCRETION AND RISK AND THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE CAUSED TO YOUR COMPUTER OR DATA OR FOR ANY BUGS, VIRUSES, TROJAN HORSES OR OTHER DESTRUCTIVE CODE RESULTING FROM USE OF THE WEBSITE OR ANY CONTENT OBTAINED FROM THE WEBSITE.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS, WHICH VARY FROM STATE TO STATE.
Limitation of liability
THE SERVICE AND ANY OTHER SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE ARE PROVIDED TO YOU ON AN AS IS OR AS AVAILABLE BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE.
IN NO EVENT WILL BOON TEA, LLC BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR ANY OTHER SERVICE AND/OR CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY'S LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LIABILITY FOR NEGLIGENCE, WILL NOT EXCEED INSURANCE COVERAGE AVAILABLE AT THE TIME OF SETTLEMENT OR JUDGMENT. THIS SECTION WILL BE GIVEN FULL EFFECT EVEN IF ANY REMEDY SPECIFIED IN THIS AGREEMENT IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
We do not guarantee uninterrupted or error-free use of our site or the servers storing our data. By using our site, you assume full responsibility of any costs of servicing any equipment used to access our website.
You agree to defend, indemnify and hold us harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees, costs, penalties, interest and disbursements) we incur in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party relating to your use of the Service or the use of the Service by any person using your account, including any claim that your use of the Service violates any applicable law or regulation, or the rights of any third party, and/or your violation of these Terms.
The validity of these Terms and the rights, obligations, and relations of the parties under these Terms will be construed and determined under and in accordance with California law without regard to conflicts of law principles.
You expressly agree that exclusive jurisdiction for any dispute with the Service or relating to your use of it, resides in the courts of the state of California and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the state of California located in Los Angeles in connection with any such dispute including any claim involving Service. You further agree that you and Service will not commence against the other a class action, class arbitration or other representative action or proceeding.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
We gladly welcome any suggestions or comments regarding our website and what information, products, and services which are included here. You can contact us at firstname.lastname@example.org or write to us at 2711 N. Sepulveda Blvd, Manhattan Beach CA 90266 to share your feedback with us.