Terms & Conditions

By accessing this Website, You agree to be bound by the terms and conditions set forth herein, and You accept our Privacy Policy, which is also available on this Website. If there is anything You do not understand please email any enquiry to team@schwarztea.com.  If at any time You do not agree to these Terms of Use, please do not use this Website.

 

This Website is operated by Schwarz Tea ("Schwarz Tea"), the owner of the Schwarz Tea trademark and other trademarks. "Website" means the website located at www.schwarztea.com, any subsequent URL which may replace it, and all associated websites and micro sites. "You/Your" means you as a user of the Website. "User" means all users of this Website.  Schwarz Tea offers this Website, including all information, tools and services available from this Website, to You conditioned upon Your acceptance of all the terms, conditions, policies and notices stated here. Your continued use of this Website constitutes your agreement to these Terms of Use.

 

You shall not use the Website for any illegal purposes, and You will use it in compliance with all applicable laws and regulations. You shall not use the Website in a way that may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired.

 

You agree not to attempt any unauthorized access to any part or component of the Website. You agree that in the event that You have any right, claim or action against any Users arising out of that User's use of the Website, then You will pursue such right, claim or action independently of and without recourse to Schwarz Tea.

 

 

1. DESCRIPTION OF THE WEBSITE

The Website displays information about Schwarz Tea's products, company, stores, and designer. The Website may also, from time to time, contain third party information in the form, for example, of advertisements or press clippings. In some instances, if you register with the Website, you may be able to make purchases through the Website of certain Schwarz Tea products. During the registration process, Schwarz Tea will collect your name and certain other information and you will be given a password to access the e-commerce portion of the Website. Purchases made through the Website are processed by Stripe.com. Please refer to Stripe Privacy Policy for additional information in how Stripe, Merchant Services uses your personal information.  Please refer to Schwarz Tea's Privacy Policy concerning how Schwarz Tea stores any personally identifiable information collected about you.

 

 

2. INTELLECTUAL PROPERTY

(a) You acknowledge and agree that all copyrights, trademarks and all other intellectual property rights in all material or content contained within and supplied by Schwarz Tea as part of the Website shall remain at all times vested in Schwarz Tea. You are permitted to use and access this material and content only as expressly authorized by Schwarz Tea.

 

(b)Schwarz Tea grants You a limited, revocable, non-exclusive license to access and make personal use of the Website as Schwarz Tea's customer. However, You shall not: a) reproduce, duplicate, copy, sell or otherwise exploit the Website or any image, page layout, page design, trade dress, trademark, logo or other content ("Site Content") for any commercial purpose; b)  use a robot, spider or data mining or extraction tool or process to monitor, extract or copy Site Content; c) use any meta tags, search terms, key terms, or the like that contain the Website's name or Schwarz Tea's trademarks; d) engage in any activity that interferes with the Website or another user's ability to use the Website; e) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Website and the goods or services offered on the Website; or f) assist or encourage any third party in engaging in any activity prohibited by these Terms of Use.

 

(c) Schwarz Tea and the Schwarz Tea Logo are trademarks of Schwarz Tea.  Schwarz Tea reserves all of its rights with regard to these trademarks and any other Schwarz Tea trademarks or service marks appearing herein. This Website may also contain trade names and trademarks of other companies that are the property of their respective owners.  You may not use any of the Schwarz Tea trademarks without our prior written permission.

 

(d) All materials and content contained within the Website, including but not limited to the text, graphics, logos, button icons, images, audio clips, video clips, newsletters, articles, posts and data compilations appearing on the Website, are owned by Schwarz Tea and are protected by Canadian and foreign copyright laws. No portion of the materials or content on these pages may be reprinted or republished in any form without the express written permission of Schwarz Tea.

 

 

3. INFRINGEMENT NOTICE

(a) Schwarz Tea respects the intellectual property rights of others and requires that its Users do the same. If You believe Your work has been copied in a manner that constitutes copyright infringement or is otherwise an infringement of Your rights, please notify Schwarz Tea by sending an email to the following address: schwarzteaco@gmail.com.

(b) In order for Schwarz Tea to more effectively assist you, the notification must include ALL of the following:

 

1. A physical or electronic signature of the owner of the right claimed to be infringed or the person authorized to act on the owner's behalf;

 

2. A description of the copyrighted work or other intellectual property right You claim has been infringed;

 

3. Information reasonably sufficient to locate the material in question on the Website;

 

4. Your name, address, telephone number, e-mail address and all other information reasonably sufficient to permit Schwarz Tea to contact You;

 

5. A statement by You that You have a good faith belief that the disputed use is not authorized by the rightful owner, its agent or the law; and

 

6. A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the owner of the right claimed to be infringed or are authorized to act on behalf of the owner.

 

 

4. PURCHASING TERMS AND CONDITIONS

(a) You acknowledge that although Schwarz Tea has attempted to accurately depict the colors of the Schwarz Tea products offered on the Website, the color displayed is dependent on many different factors including the display of your computer monitor. As such, you further acknowledge that Schwarz Tea is not responsible for any inaccuracies or color variations in the products you purchase from the Website. Moreover, the products may be depicted larger or smaller than their actual size depending on your monitor and/or computer settings.

 

(b) In the event of an error in pricing on the Website, Schwarz Tea reserves the right to correct such error, and in Schwarz Tea's sole discretion, to refuse or cancel any order placed for a product at an incorrect price. All prices listed on this Website are in Canadian dollars.

 

 

5. PASSWORDS

Upon registration, you will be issued a login and password to use in accessing the Website. You are responsible for maintaining the confidentiality of your login and password information. In the event of a breach of security through your account, (i) you will be liable for any damage caused by the unauthorized use until you notify us in writing of the breach of security and we have had a reasonable opportunity to remedy the unauthorized use. You agree to provide Schwarz Tea with all assistance necessary to remedy such unauthorized use of the Website caused by a breach of security through your account.

 

 

6. ERRORS AND INACCURACIES

Schwarz Tea strives to provide complete, accurate, up-to-date information on the Website. Unfortunately, despite those efforts, human or technological errors may occur. The Website may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and some information may not be complete or current. Schwarz Tea reserves the right to correct any errors, inaccuracies or omissions, including after an order has been submitted, and to change or update information at any time without prior notice.

 

 

7. MODIFICATIONS TO THESE TERMS OF USE

Schwarz Tea may, in its sole discretion, modify the terms of these Terms of Use, in whole or in part, at any time.  Schwarz Tea will post a notice on the home page of the Website that the Terms of Use has been modified. YOUR CONTINUED USE OF THE WEBSITE IS CONDITIONED UPON YOUR ACCEPTANCE OF THE MODIFIED TERMS OF USE.

 

 

8. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

Although Schwarz Tea strives to provide information through the Website, you acknowledge and agree that your use of the Website is subject to the following disclaimers and limitations of liability:

 

(a) Disclaimer of Warranties: THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Schwarz Tea EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Schwarz Tea MAKES NO WARRANTY THAT (i) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (ii) THE RESULTS OR INFORMATION OBTAINED FROM THE WEBSITE WILL BE ACCURATE OR RELIABLE, OR (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS. ANY MATERIAL DOWNLOADED FROM OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM SUCH DOWNLOAD OR USE.

 

(b) Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL Schwarz Tea, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, ADVISORS, LICENSEES OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE, INCLUDING BUT NOT LIMITED TO RELIANCE ON INFORMATION OBTAINED ON THE WEBSITE, MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR ELECTRONIC MAIL, LOSS OF OR DAMAGE TO DATA, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE WEBSITE. YOU HEREBY ACKNOWLEDGE THAT THIS PROVISION WILL APPLY WHETHER OR NOT Schwarz Tea IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL CONTENT, MERCHANDISE OR SERVICES THAT MAY BE AVAILABLE FROM TIME TO TIME FROM Schwarz Tea OR ITS SUBSIDIARIES AND AFFILIATES. THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY EVEN IF ANY EXCLUSIVE REMEDY IN THIS AGREEMENT FAILS ITS ESSENTIAL PURPOSE.

 

(c) Exclusions and Limitations: Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

 

 

9. INDEMNITY

You agree to defend, indemnify and hold harmless Schwarz Tea, its subsidiaries, affiliates, officers, directors, employees, agents and licensees from any claims, losses, damages, expenses, demands, and costs (including without limitation reasonable attorneys fees), made by any third party arising out of or relating to your use of the Website, your connection to the Website, your violation of these Terms of Use, or your violation of any rights of another.

 

 

10. THIRD PARTY LINKS

The Website may contain links to third party web sites or resources. Schwarz Tea makes no representation or warranties concerning such third party websites or resources and is not responsible for the content or operation of such third party websites or resources, and shall have no liability in connection with them.

 

 

11. WARNING AGAINST HACKERS

It is possible that other users or unauthorized "hackers" may post or transmit offensive or obscene materials to or from the Website and that you may be involuntarily exposed to such materials. It may also be possible for other users or "hackers" to obtain personal information about you. By using the Website, you assume the risk of such occurrences.

 

 

12. TERMINATION

You agree that Schwarz Tea may, under certain circumstances and without prior notice, immediately terminate your right to use or make purchases through the Website in the event that:

 

(a) You breach or violate these Terms of Use; and

 

(b) Schwarz Tea, in its sole discretion, decides to discontinue access to the Website.

 

You agree that all terminations shall be made in Schwarz Tea's sole discretion and that Schwarz Tea shall not be liable to you or any third-party for any termination of your account or access to the Website.

 

 

13. MISCELLANEOUS TERMS

(a) Notice for California Users.  Under California Civil Code Section 1789.3, California Website users are entitled to know that they may file grievances and complaints with: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210, or by email at dca@dca.ca.gov.

 

(b) Governing Law. By accessing the Website, you agree that the laws of the Province of Alberta, without regard to principles or conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Schwarz Tea or its affiliates. In addition, you agree to submit to the jurisdiction of the courts of the Province of Alberta, and that any action pursued concerning these Terms of Service or Your use of the Website shall be within the exclusive jurisdiction of the courts of the Province of Alberta.

 

(c) Construction. If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms of Use, and the remainder of these Terms of Use shall continue in full force and effect.

 

(d) No Waiver. The failure by either you or Schwarz Tea to exercise or enforce any rights or provisions of these Terms of Use shall not constitute a waiver of such right or provision or any other provision of these Terms of Use.

 

(e) Survival. All provisions in these Terms of Use regarding representations and warranties, indemnification, disclaimers and limitations on liability shall survive any termination of these Terms of Use.

 

(f) Headings. The headings hereof are descriptive only and not to be construed in interpreting the provisions of these Terms of Use.

 

 

14. These Terms of Use were last updated on April 13, 2015.

Please direct questions regarding these Terms of Use to team@schwarztea.com.