SCOPE OF APPLICATION
The present general conditions of sale apply to all sales concluded through the website https://tea-spot.ca
ORDERS
The automatic registration systems are considered as proof of the nature and content of the order. TeaSpot confirms the acceptance of its order to the client at the e-mail address that the latter will have communicated. The sale will be concluded as from the validation by TeaSpot of the payment of the order, i.e. the date of validation of the payment for orders paid online by credit card. TeaSpot reserves in any case the right to refuse or cancel any order from a customer with whom there is a dispute regarding the payment of a previous order.
AVAILABILITY OF THE ARTICLES
As long as our offers and their prices are visible on the site, they are valid. The availability indicated at the time of the consultation of the site by the customer remains dependent on the state of the stock at TeaSpot and of course at the suppliers.
To create our showcase and our sales catalog, we work with databases, enriched with information provided by our suppliers. This database contains more than a hundred articles, not all of which are stored in our reserves and our offer is therefore conditioned by the availability of the articles at the suppliers.
Only the definitive rupture of an article at our suppliers involves the suppression of this one of our offer of sale. In the other cases, a new order under a certain time remains possible.
When there is an unavailability on a product ordered, the customer is informed by e-mail or on the invoice of the products sent in the case of an order of several articles.
Deadline for delivery of the order: when placing the order and on the order acknowledgement, a delivery deadline is communicated to customers. It is calculated by adding the availability time of the longest product to the delivery time of the mode of transport selected by the customer.
From the placing of the order, to the shipment of it, the customer has the possibility to cancel his order.
Particularities :
Articles in pre-order: articles to be published are proposed on the site https://tea-spot.ca in pre-order. This reservation is made with the indication of a release date announced by the publisher at the time of the opening of the reservation phase. This release date can be changed at any time by the publisher who is solely responsible for the marketing of its product.
In any case, TeaSpot will endeavor, as soon as the final release date is reached, to ship the items to the customers who have reserved, up to the stock level provided by the publisher for the release day.
PRICES
The prices indicated in Canadian Dollars are considered net, excluding shipping costs. This price includes the price of the products, the handling, packaging and storage costs of the products. They can be modified at any time without notice, knowing that the articles will be invoiced on the basis in force at the time of the recording of the order. All orders are invoiced in Canadian Dollars and payable in Canadian Dollars. Any customs duties or local taxes are the responsibility of the recipient.
SHIPPING COSTS
The shipping costs include a contribution to the preparation, packaging and postage costs. Think of grouping all your items on a single order. We will not be able to group two distinct orders and the shipping costs will be charged for each of them.
PAYMENT
You have several means of payment offering a maximum of guarantees of safety. You can pay :
– By bank or private card (Visa, Eurocard/Mastercard) either directly on the site, in the payment form proposed during the ordering process (secure entry by SSL encryption), by informing the type of card, the number of your card without space between the digits, the control number (located on the back of your card) as well as the validity date.
WARRANTY – RETURNS – REFUNDS – RETRACTION
The articles supplied by https://tea-spot.ca are new and guaranteed against any defect. They are identical to those of the traditional trade and come from the whole of the publishers and suppliers referred.
If an article is defective or not in conformity, the purchaser has 14 days as from the reception of the articles, to ask for an exchange or a refund. If the fifteen (14) day period normally expires on a Saturday, Sunday or a holiday, it is extended to the next business day.
The customer must return the new or unused items in their entirety and in their original packaging, intact, accompanied by all possible accessories, instructions and documentation (in its original cellophane packaging imperatively and with the corresponding invoice). In such a situation, the buyer must send proof of the defect(s) to contact@tea-spot.ca (description and photos attached).
In case of exercising the right of withdrawal, TeaSpot is obliged to reimburse the sums paid by the customer, free of charge, with the exception of the return costs. The refund is due within a maximum of 14 working days from the date of receipt of the returned package(s).
The return shipping costs remain at your charge.
In case of refund, we guarantee that it is made within 14 days or less from the date of receipt of the returned package. No COD shipments will be accepted, regardless of the reason.
NOTE: The terms of Article 8 do not apply to “WHOLESALE” ORDERS.
TRANSFER OF OWNERSHIP – TRANSFER OF RISKS
The transfer of ownership of the products to the benefit of the purchaser, will be realized only after complete payment of the price by the latter, and this whatever the date of delivery of the said products. On the other hand, the transfer of the risks of loss and deterioration of the products will be carried out only after delivery and reception of the said products by the purchaser.
PROTECTION OF YOUR PERSONAL DATA
TeaSpot is the producer and owner of all or part of the databases that make up this website. By accessing the present site, the client acknowledges that the data composing it are legally protected, and in particular refrains from extracting, reusing, storing, reproducing, representing or preserving, directly or indirectly, on any type of medium, by any means and in any form whatsoever, all or a qualitatively or quantitatively substantial part of the content of the databases appearing on the site which he/she accesses.
RESPONSIBILITY
The descriptions of the products present in the databases of https://tea-spot.ca have been entered according to the information provided by the publishers. TeaSpot is not responsible for the content of the works and cannot be held liable towards the purchaser. TeaSpot cannot be held responsible in case of force majeure (strike, flood, fire…).
The products offered meet the Canadian law in force. TeaSpot declines any responsibility if the delivered article does not respect the legislation of the country of delivery (censorship, ban of a title or an author…). TeaSpot is not responsible for the content of sites to which hyperlinks may be sent from its own site.
The images of the products may undergo slight variations in their tonality. This is due to the color configuration of each user’s monitor, which may show a tone or color slightly different from the original, so this case will not be a reason for complaint from the client.
APPLICABLE LAW
All clauses in these terms and conditions of sale, as well as all purchase and sale transactions referred to herein, shall be subject to Canadian law.
ERRORS, INACCURACIES AND OMISSIONS
From time to time, there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, prices, promotions, offers, product shipping costs, delivery times and availability. We reserve the right to correct any errors, inaccuracies, omissions, and to change or update information or cancel orders, if any information on the Service or any associated website is inaccurate, at any time without notice (including after you have placed your order).
We are under no obligation to update, modify or clarify any information on the Service or any associated website, including but not limited to pricing information, except as required by law. No defined update or refresh date in the Service or any associated website should be taken as a basis for concluding that the information in the Service or any associated website has been changed or updated.
PROHIBITED USES
In addition to the prohibitions set forth in the Terms and Conditions of Use, you are prohibited from using the Site or its contents (a) for illegal purposes; (b) to induce others to perform or participate in illegal acts; (c) to violate any regional ordinance or any international, federal, provincial or state law, rule or regulation; (d) to infringe or violate our intellectual property rights or those of third parties; (e) harass, abuse, insult, hurt, defame, slander, libel, disparage, intimidate or discriminate against anyone on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) submit false or misleading information (g) to upload or transmit viruses or any other type of malicious code that will or may be used to compromise the functionality or operation of the Service or any associated, unrelated website or the Internet; (h) to collect or track the personal information of others (i) to spam, phish, hijack, extort information, browse, explore or scan the web (or any other resource); (j) for obscene or immoral purposes; or (k) to interfere with or circumvent security measures of our Service, any other website, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating the prohibited uses.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
We do not warrant or represent that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained through the use of the Service will be accurate or reliable.
You agree that from time to time we may discontinue the Service for indefinite periods of time or cancel the Service at any time without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services provided to you through the Service are (unless otherwise expressly stated by us) provided on an “as is” and “as available” basis for your use without representation, warranty or condition of any kind, either express or implied, including all implied warranties of merchantability or fitness for a particular purpose, durability, title and non-infringement.
In no event shall TeaSpot, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers and licensors be liable for any injury, loss, claim, or direct, indirect, incidental, punitive, special, or consequential damages of any kind, including but not limited to loss of profits, revenue, savings, data, replacement costs, or similar damages, whether in contract, tort (including negligence), in contract, tort (including negligence), strict liability or otherwise, arising out of your use of any service or product from the Service, or for any other claim relating in any way to your use of the Service or any product, including but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available through the Service, even if you have been advised of the possibility of their occurrence. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability will be limited to the maximum extent permitted by law.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless TeaSpot, our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms and Conditions or the documents referenced herein, or your violation of any law or the rights of a third party.
SEVERABILITY
In the event that any provision of these Terms and Conditions of Sale and Use is held to be unlawful, void or unenforceable, such provision shall nonetheless be enforced to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms and Conditions of Sale and Use, such severance not to affect the validity and enforceability of any remaining provisions.
TERMINATION
The obligations and liabilities incurred by the parties prior to the date of termination shall survive the termination of this Agreement for all purposes.
These Terms and Conditions of Sale and Use are effective unless and until terminated by either you or not. You may terminate these Terms and Conditions of Sale and Use at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If we determine, in our sole discretion, that you are unsuccessful, or if we suspect that you have been unable to comply with the terms of these Terms of Sale and Use, we may also terminate this agreement at any time without notice to you and you will remain liable for all amounts owed up to and including the date of termination, and/or we may deny you access to our Services (or any portion thereof).
ENTIRE AGREEMENT
Any failure by us to exercise or enforce any right or provision of these Terms of Sale and Use shall not constitute a waiver of such right or provision.
These Terms of Service or any other operating policies or rules we post on this site or in connection with the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, and supersede all prior and contemporaneous communications, proposals and agreements, oral or written, between you and us (including, but not limited to, any prior version of the Terms of Service).
Any ambiguity in the interpretation of these Terms of Sale and Use shall not be construed to the detriment of the drafting party.
IMPORT TAXES
In case of order towards another zone than the European Union you are the importer of the concerned products. Customs duties or other local taxes or import duties or state taxes may be payable. These rights and sums do not fall under the jurisdiction of the TeaSpot store. They will be at your charge and are your entire responsibility, both in terms of declarations and payments to the authorities and competent bodies in your country. We advise you to inquire about these aspects with your local authorities.
ACCEPTANCE OF THE PURCHASER
The present general conditions of sale as well as the price lists are expressly approved and accepted by the purchaser, who declares and recognizes to have a perfect knowledge of them, and gives up, of this fact, to prevail itself of any contradictory document and, in particular, its own general conditions of purchase, the act of purchase involving acceptance of these general conditions of sale. The present terms and conditions can be modified at any time without prior notice by TeaSpot – General terms and conditions of sale updated on June 17st 2022.