Terms and Conditions

In using this website you are deemed to have read and agreed to the following terms and conditions:

Welcome to the website of Shibui Tea. Please review this agreement, which shall apply to the use of this website, as well as to the purchase of all products sold to you through this website. In using this website you are deemed to have read and agreed to the following terms and conditions set out therein and that you agree, without limitation or qualification, to be bound by the terms and conditions of this Agreement.

Shibui Tea reserves the right to change the terms of this agreement from time to time as it sees fit and without any obligation to notify you. Your continued use of the site will signify your acceptance of any adjustment to these terms.

1. Privacy Policy:
   The use of this website is subject to the Shibui Tea Privacy Policy. By accessing this website, you agree that you have read and consent to be bound not only to this Agreement, but also to the Privacy Policy.
2. Use of this Website:
   You acknowledge and warrant that any information you may post, transmit or submit to this website 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; and (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 website or to any other user.
   Your rights with regard to accessing this website may be terminated or restricted at any time at the sole discretion of Shibui Tea. Shibui Tea is not required to give you advance notice or explanation for the termination. This termination shall be in addition to any other rights that Shibui Tea may choose to enforce.
3. Customer Account:
   You are responsible for maintaining the security of your customer account on this website. 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.
4. Copyrights and Trademarks:
   All materials displayed or otherwise accessible through this website are owned by Shibui Tea and third party content suppliers, and are protected under the applicable copyright and trademark laws of Canada and elsewhere. You hereby agree not to print, copy, reproduce, publish, transmit, distribute or make any other similar use of the contents of this website, including, but not limited to, the text, graphics, audio and visual content, and code. Notwithstanding the above, you may access this website and make a single copy of the material for your personal, non-commercial use. Nothing in this Agreement shall be construed as granting you a license for anything other than your personal use.
5. Links to this website:
   You may not create a link to any page of this website without Shibui Tea’s prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it. We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material.
   Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy policy. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. Shibui Tea will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
6. Orders and Payment:
   When you submit an order on this website, your order shall be considered as an offer to Shibui Tea. Shibui Tea 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 (Shibui Tea 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 website. 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, Shibui Tea 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 Shibui Tea.
7. Shipping:
   Shibui Tea 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 Shibui Tea 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 shipping related taxes, and you agree to comply will all export laws of Canada that apply to the products purchased or received under this Agreement.
   Shibui Tea uses a third party shipping service provider to ship its products. As such, Shibui Tea 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:
   We want you to be satisfied with you order from Shibui Tea. If any of our products do not meet your expectations, we will gladly exchange or refund your purchase. Goods must be unused, unopened and have all original tags, packaging, etc., unless the product is faulty. As such, please email customerservice@shibui-tea.ca, and please include your order number and a description of the reason for the return. A full refund will be made within 30 days of receipt of the returned merchandise. Please note that refunds will only be issued to the same credit card that was used for the original purchase.
9. Disclaimer:
   Use of this website is at your own risk, and Shibui Tea hereby expressly disclaims any representations or warranties (express, implied or statutory) with regards to the website and your purchase of any products hereunder.
   The information on this web site is provided on an “as is” basis. To the fullest extent permitted by law, Shibui Tea:
   
   • excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the literature, and:
   • excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
   The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.
10. Limitation of Liability:
    You hereby waive all remedies, warranties, guarantees or liabilities, arising from law or otherwise. In no event shall Shibui Tea, its officers, 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. Shibui Tea, its officers, representatives and employees shall not be liable for lost profits, business interruption, and any computer related damage or loss of data. Shibui Tea hereby excludes all liability with respect to the transmission of viruses or bugs. The entire limitation shall apply even if Shibui Tea, its officers, representatives or employees were informed of the possible occurrence of the abovementioned damages. Shibui Tea’s maximum liability shall in no event exceed the amount paid by the purchaser for the product. This limitation is an essential element of the agreement between Shibui Tea and you.
11. Payment
    Visa, MasterCard, and American Express are all acceptable methods of payment. Our terms are payment in full. All goods remain the property of Shibui Tea until paid for in full.
12. Indemnification:
    You agree to indemnify, defend and hold harmless (including reasonable legal fees) Shibui Tea, its officers, directors, employees or agents from any action arising from your misuse of this website or the breach of any of the provisions of this Agreement.
13. Miscellaneous:
    This website, any use of this website and any dispute relating thereto to or to the products purchased therein shall be governed and construed by the laws applicable to the Province of Quebec, without regard to conflict of law rules. Both Shibui Tea and you agree to the exclusive jurisdiction of the Province of Quebec.
    This Agreement and the Privacy Policy shall constitute the entire agreement between the parties and there are no other written or verbal agreements or representations relating to the subject matters described herein.
    Should any provision of this Terms of Use be deemed invalid or unenforceable, those provisions shall be severed from the Agreement, but shall not effect the validity of the other provisions.
14. Contact Information:
    If you have any questions about these terms and conditions or the practices of this site, you may contact us by email at customerservice@shibui-tea.ca.