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Terms of service (February 2018)

PLEASE READ THESE TERMS AND CONDITIONS PRIOR TO THE USE OF THIS WEBSITE.

Welcome to the webpage of Kusmi Tea. The webpage kusmitea.com is edited by ORIENTIS GOURMET for T Importation Canada Inc, exclusive importer and distributor of Kusmi Tea and Lov organic in Canada (« The Seller »). Please review this agreement (the “Agreement”), which shall apply to the use of this webpage, as well as to the purchase of all products sold to you through this webpage. By using this webpage, you represent that you have reviewed and understand the 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.

As the terms of this Agreement may be modified at The Seller’s sole discretion, without any obligation to notify you, we advise that from time to time you check this webpage to review the changes. Your continued use of this webpage shall constitute your consent to any changes.

The Seller : T Importation Inc – 4597 Boul Metropolitain Est H1R 1Z4 Montreal – REG-1172819394

1. Privacy Policy: The use of this webpage is subject to The Seller Privacy Policy. By accessing this webpage, 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 Webpage: You acknowledge and warrant that any information you may post, transmit or submit to this webpage 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 webpage or to any other user. Your rights with regard to accessing this webpage may be terminated or restricted at any time at the sole discretion of The Seller. The Seller is not required to give you advance notice or explanation for the termination. This termination shall be in addition to any other rights that The Seller may choose to enforce.

3. Customer Account: You are responsible for maintaining the security of your customer account on this webpage. 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 The Seller 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: This webpage may contain links to other webpages that are operated by third parties, and are not under the control of The Seller. The Seller is not responsible for, and expressly excludes all liability with relation to these linked webpages which you access at your own risk, and The Seller makes no representations, warranties or conditions concerning the linked webpages or their contents.

6. Orders and Payment: When you submit an order on this webpage, your order shall be considered as an offer to The Seller. The Seller 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 (The Seller 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 webpage. 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, The Seller will reimburse you for the full amount paid. Please note that all discounted items are final sale.

7. The third-party credit card service provider must approve all purchases made through the use of a credit card.

8. 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 The Seller.

9. Shipping: The Seller 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 The Seller 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.
The Seller uses a third-party shipping service provider to ship its products. As such, The Seller 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.

10. Return Policy: If any of our products do not meet your expectations, we wa nt to know. As such, please email info@kusmi.ca, and please include your order number and a description of the reason for the return. We will gladly exchange or refund your purchase within thirty (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.

11. Disclaimer: TO THE FULLEST EXTENT POSSIBLE UNDER THE LAW, USE OF THIS WEBPAGE IS AT YOUR OWN RISK, AND THE SELLER HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES (EXPRESS, IMPLIED OR STATUTORY) WITH REGARDS TO THE WEBPAGE AND YOUR PURCHASE OF ANY PRODUCTS HEREUNDER. THIS WEBPAGE IS PROVIDED “AS IS”, AND MAY CONTAIN ERRORS, INACCURACIES, VIRUSES OR BUGS, AND THIS WEBPAGE MAY NOT BE UP TO DATE, AND THEREFORE IS NOT TO BE RELIED UPON. SPECIFICALLY, THE SELLER DOES NOT WARRANT THAT THE PRODUCT DESCRIPTION OR PRICING IS ACCURATE. THIS EXCLUSION APPLIES TO, BUT IS NOT LIMITED TO, WARRANTIES OF MERCHANTIBILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. SHOULD YOU CHOOSE TO DOWNLOAD ANY CONTENT FROM THIS WEBPAGE, YOU DO SO AT YOUR OWN RISK.

12. Limitation of Liability: YOU HEREBY WAIVE ALL REMEDIES, WARRANTIES, GUARANTEES OR LIABILITES, ARISING FROM LAW OR OTHERWISE. IN NO EVENT SHALL THE SELLER, 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. THE SELLER, ITS OFFICERS, REPRESENTATIVES AND EMPLOYEES SHALL NOT BE LIABLE FOR LOST PROFITS, BUSINESS INTERUPTION, ANY COMPUTER RELATED DAMAGE OR LOSS OF DATA. THE SELLER HEREBY EXCLUDES ALL LIABILITY WITH RESPECT TO THE TRANSMISSION OF VIRUSES OR BUGS. This ENTIRE limitation shall apply even if The Seller, ITS OFFICERS, REPRESENTATIVES OR EMPLOYEES WERE informed of the possible occurrence of the abovementioned damages. THE SELLER’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 The Seller and you.

13. Indemnification: You agree to indemnify, defend and hold harmless (including reasonable legal fees) The Seller, 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.

14. Miscellaneous: This webpage, any use of this webpage 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 The Seller 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 affect the validity of the other provisions.

15. Site hosted by:  Salesforce.com EMEA private Limited Company (Ltd) au capital de 100,000 GBP - Village 9, Floor 26 Salesforce Tower; 110 Bishopsgate, Londres, UK EC2N 4AY

Numéro d'enregistrement au registre du commerce d'Angleterre et Pays de Galle:05094083 

VAT: GB844903710 

Telephone: +44(0)203 1477600.

Website created by Salesforce.com EMEA Ltd. 

 


Privacy

The Seller believes in providing you with a webpage that respects your privacy. To access certain portions of this webpage, you will first be asked to provide us with personal information, which we will do our utmost to protect. This privacy policy will help you understand how The Seller collects, uses and discloses your information.

By accessing this webpage, you are consenting to the collection and the use of your information by The Seller, but only to the extent described in this Privacy Policy.

As the terms of this Privacy Policy may be modified at The Seller's sole discretion, without any obligation to notify you, we advise that from time to time you check this webpage to review the changes. Your continued use of this webpage shall constitute your consent to any changes.

1. Type and Purpose of Collection: The Seller collects information to facilitate the use of our webpage by you, our customer. On our webpage, we collect two types of information:

• Statistical information of a non-personal nature: When you access our webpage, The Seller will automatically collect certain non-identifying information, which will be collected without your knowledge or consent (hereinafter referred to as "Non-Personal Information"). Such collection is performed by most webpages, and will not allow you to be personally identified. For example, The Seller utilizes "cookies", which do not contain any personal information that allows you to be identified, but which contains certain statistical information. You can instruct your computer to inform you whenever a cookie is being sent, or you can disallow cookies through you web browser. If you do choose to disallow cookies, some features of this webpage may not function, or your ability to choose some of the options may be limited.

• Information of a personal nature: To use some of the functions on our webpage, you will be asked to provide Personal Information from which you can be identified (hereinafter referred to as "Personal Information"). We will obtain your consent prior to collecting Personal Information. The purposes for the collection of Personal Information are the following:

o To process, deliver, bill for, and collect payment for purchase products;

o To facilitate your purchase with our affiliated service providers;

o To anticipate and resolve problems with your service; and

o To update you on changes to our services or products, including new promotions.

The Seller expressly acknowledges that we will not use any Personal Information for any other purposes without your consent or as required by law. The Personal Information we collect will vary depending on how you are using the webpage, but may include your name, address, email address, credit card information, credit information, and telephone number.

2. Withdrawal of Consent: We will not collect any Personal Information from you without your knowledge and consent. You may withdraw your consent at any time by sending a written request to info@kusmi.ca. Upon receiving notice that you have revoked your consent, we will stop using your Personal Information within a reasonable time, which will vary depending on what information we have collected and for what purpose, and we will send you a confirmation email stating same.

3. Sharing Information: The Seller will only use your information in connection with the purposes described herein. Further, The Seller will not sell, trade, or disclose to third parties any of the information collected on this webpage, except as follows:

• Affiliated Service Providers: The Seller may share your information with our affiliated service providers, with whom we are affiliated so as to better serve you. For example, we may share your credit card information with the credit card service provider to process your purchase. When The Seller uses affiliated service providers, it requires them to have the same level of privacy protection as we have, and therefore we expect that your information will be handled with the same level of care that we employ.

• Where required by law: The Seller may share the collected information where required by law, specifically in response to a demand from government authorities where such demand meets the legal requirements.

• Statistical Analysis: We may share aggregated statistical information with third parties f or advertising or marketing purposes. No Personal Information will be shared in this manner.

• Protection of Your Information: We take very seriously our responsibility to protect the information that you are entrusting us with. As such, we limit access and use state of the art technologies to safeguard Personal Information from unauthorized intrusions. It should be noted that while we will do our utmost to protect your information, no security procedure is currently 100% effective. Should any breach of your personal information occur, we will inform you as soon as possible.

• Right to Examine Information: You have the right to examine any of your Personal Information that we collect. Should you wish to examine the information, please send us a written request to: info@kusmi.ca. We reserve the right to charge you a reasonable administrative fee to access your information.

• The Sites are not targeted towards, nor intended for use by, anyone under the age of 13. If you are between the ages of 13 and the age of majority in your province/territory of residence, 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.

• Should you no longer wish to receive our emails, please update your preferences at MY ACCOUNT

• Miscellaneous: This Privacy Policy shall be governed and construed by the laws applicable to the Province of Quebec, without regard to conflict of law rules. Both The Seller and you agree to the exclusive jurisdiction of the Province of Quebec.

This Privacy Policy and the Terms and Conditions Agreement 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.