Terms Of Use

TERMS OF USE

Last Updated: October 21, 2015

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.

These Terms of Use apply to your access to, and use of, all or part of any website or mobile application of Senkada Tea including senkadatea.com and any other site, mobile application or online service where these Terms of Use are posted (collectively, the “Sites”). These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with Senkada Tea for products, services or otherwise. This agreement contains disclaimers and other provisions that limit our liability to you.

In the event there is any conflict or inconsistency between these Terms of Use and any other terms of use that appear on the Sites, these Terms of Use will govern. However, if you navigate away from the Sites to a third party site, you may be subject to alternative terms and conditions of use, as may be specified on such site, which will govern your use of that site.

We reserve the right to change or modify these Terms of Use or any policy or guideline of the Sites, at any time and in its sole discretion. If we make material changes to these Terms of Use, we will inform you by posting a notice on the Site(s). Any changes or modifications will be effective immediately upon posting the revisions to the Sites, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Sites will confirm your acceptance of such changes or modifications; therefore, you should frequently review these Terms of Use and applicable policies to understand the terms and conditions that apply to your use of our Sites. If you do not agree to the amended terms, you must stop using the Sites.

Eligibility, Registration and Account
The Sites are not targeted towards, nor intended for use by, anyone under the age of 13. YOU MUST BE AT LEAST AGE 13 TO ACCESS AND USE THE SITES. If you are between the ages of 13 and 18, you may only use the Sites under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use.

In order to participate in certain areas of our Sites, you will need to register for an account. You agree to (a) create only one account; (b) provide accurate, current and complete information when creating your account; (c) maintain and promptly update your account information; (d) maintain the security of your account by not sharing your password with others and restricting access to your account and your computer; (e) promptly notify Senkada Tea if you discover or otherwise suspect any security breaches relating to the Sites; and (f) take responsibility for all activities that occur under your account and accept all risks of unauthorized access.

Privacy
Please read the Privacy Policy carefully to understand how Senkada Tea collects, uses and discloses personally identifiable information from its users. By accessing or using the Sites, you consent to all actions that we take with respect to your data consistent with our Privacy Policy.

Terms of Sale
Please refer to our Terms of Sale for the terms, conditions and policies applicable to your purchase of products from Senkada Tea. By ordering products through our Sites, you agree to be bound by and accept the Terms of Sale. The Terms of Sale are subject to change without prior notice at any time, at Senkada Tea’s sole discretion, so you should review the Terms of Sale each time you make a purchase.

Site Disclaimer
The materials and information on the Sites may include technical inaccuracies or typographical errors. The materials, information and services on the Sites are provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by applicable law, Senkada Tea disclaims all other warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title, availability, that the Sites and Site Materials are free from viruses, and non-infringement as to the Sites and the information, content and materials contained therein.

Copyright and Limited License
Unless otherwise indicated, the Sites and all content and other materials therein, including, without limitation, the Senkada Tea logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Site Materials”) are the proprietary property of Senkada Tea or its licensors or users and are protected by U.S. and international copyright laws.

You are granted a limited, non-sublicensable license to access and use the Sites and Site Materials for personal, informational and shopping purposes only. Such license is subject to the Terms of Use and does not include: (a) any resale or commercial use of the Sites or Site Materials; (b) the collection and use of any product listings, pictures or descriptions; (c) the distribution, public performance or public display of any Site Materials; (d) modifying or otherwise making any derivative uses of the Sites and the Site Materials, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Sites, the Site Materials or any information contained therein, except as expressly permitted on the Sites; or (g) any use of the Sites or the Site Materials other than for their intended purpose. Any use of the Sites or Site Materials other than as specifically authorized herein, without the prior written permission of Senkada Tea, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring in any manner, whether by implication, estoppel or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated therewith.

Digital Millennium Copyright Act (“DMCA”) Notice
If you believe any material available via the Sites infringes a copyright you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.

Senkada Tea, LLC
Customer Care
9249 S Broadway, #200-435
Highlands Ranch, CO 80126
1-855-SENKADA (736-5232)
info@senkadatea.com

TERMS OF SALE

Last Updated: October 21, 2015
PLEASE READ THESE TERMS OF SALE (“TERMS”) CAREFULLY. THESE TERMS APPLY TO YOU AND YOUR PURCHASE OF ANY PRODUCTS FROM SENKADA TEA THROUGH ITS WEBSITE, LOCATED AT HTTP://WWW.SENKADATEA.COM (“SITE”), EXCEPT TO THE EXTENT THAT YOU HAVE ENTERED INTO A SEPARATE WRITTEN AGREEMENT WITH SENKADA TEA THAT SUPERSEDES SOME OR ALL OF THESE TERMS. THESE TERMS ARE SUBJECT TO CHANGE WITHOUT PRIOR WRITTEN NOTICE AT ANY TIME, IN SENKADA TEA’ SOLE DISCRETION. BY PLACING AN ORDER FOR PRODUCTS THROUGH THE SITE, YOU AGREE TO BE BOUND BY AND ACCEPT THE TERMS AND CONDITIONS IN EFFECT AT THE TIME OF SUCH ORDER. ALL SALES ARE EXPRESSLY CONDITIONED UPON YOUR AGREEMENT TO THESE TERMS IN ADDITION TO SENKADA TEA’ TERMS OF USE.

1. Your Account
When you make a purchase from the Site, you may create an account as part of the checkout process. You are responsible for maintaining the confidentiality of your password and restricting access to your password and account. You further agree to accept responsibility for all purchases and activities that occur under your account.

2. Acceptance of Order
Your placement of an order does not necessarily assure that we will accept your order. We reserve the right to refuse any order in our sole discretion. In addition, before accepting your order, we may require additional information if you have not provided all of the information required by us to complete your order. Once a properly completed order is received, authorization of your form of payment is received and we have accepted your order, we will promptly place your order in line for shipment.

3. Pricing and Availability
All prices for products (and the associated costs of shipping and tax) are shown in U.S. dollars. All items are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order, and to discontinue products without notice, even if you have already placed your order. All prices are subject to change without notice, and you agree that taxes may be adjusted from the amount shown on the payment screens. Several factors may cause this, such as variances between processor programs and changes in tax rates.

4. Payment Terms
Senkada Tea currently accepts Visa, MasterCard and American Express. By submitting your order, you represent and warrant that you are authorized to use the designated credit card and authorize us to charge your order (including taxes, shipping and handling) to that card. If the card cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled automatically.

5. Shipping Terms and Policies
Please refer to our FAQ page for our shipping terms and policies

6. Back Orders
If for some reason an item on your order is temporarily out of stock, we will back order that item for you and ship the other merchandise immediately. Items on back order will be charged when the items are actually shipped, along with applicable taxes and shipping charges.

7. Return and Exchange Policies
We want you to be happy with your Senkada Tea purchase. If you are not completely satisfied with our teas or teaware, please email us at our contact page within 15 calendar days. If your teaware was damaged during shipment, please email us at our contact page within 10 calendar days. We will provide you with a USPS return label and once the damaged item is received, ship you a full replacement within 2-3 days. As a food item, tea purchases cannot be returned but we will be happy to either ship you a replacement box of tea or email you a gift certificate for the purchase amount redeemable at www.senkadatea.com.

8. Privacy
Please refer to our Privacy Statement for information about how Senkada Tea collects, uses and discloses personal information from users of the Site.

9. Errors
We attempt to be as accurate as possible; however, we do not warrant that all product descriptions, photographs, pricing or other information on the Site is accurate, complete, current, or error-free. In addition, all weights and size dimensions are approximate. If a product offered by Senkada Tea is not as described or pictured, your sole remedy is to return it in an unused condition for a refund. In the event of an error, whether on the Site, in an order confirmation, in processing an order, in delivering a product or otherwise, we reserve the right to correct such error and revise your order accordingly, or to cancel the order and refund any amount charged. Your sole remedy in the event of an error is to cancel your order and obtain a refund.

10. Limitation of Liability
SENKADA TEA WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS, OR OTHER CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY, EXCEPT AS EXPRESSLY PROVIDED HEREIN. TO THE FULL EXTENT PERMITTED BY LAW, SENKADA TEA’ LIABILITY SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID FOR THE PURCHASE OF PRODUCTS FROM THIS SITE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

11. Warranties
Senkada Tea products may be returned or exchanged in accordance with the policies described above. THIS IS THE ONLY GUARANTEE OR WARRANTY YOU GET FROM SENKADA TEA RELATING TO THE PRODUCTS YOU PURCHASE. SENKADA TEA MAKES NO OTHER, AND EXPRESSLY DISCLAIMS ALL, REPRESENTATIONS, WARRANTIES, AND CONDITIONS, WHETHER IN WRITING, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, OR ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. PRODUCTS ARE PROVIDED BY SENKADA TEA “AS IS” AND WITHOUT WARRANTY OF ANY KIND.

12. Governing Law; Venue
These Terms and your purchase of products from Senkada Tea through the Site shall be governed and construed in accordance with the laws of the State of Colorado, without resort to its conflict of law provisions to the contrary. You agree that any action at law or in equity arising out of or relating to these Terms or your purchase of products shall be filed only in the state and federal courts located in Douglas County, Colorado, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.

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