Terms & Conditions

1. Introduction

1.1 By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

1.2 Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

1.3 Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

1.4 Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

2. Interpretation
2.1 In these terms and conditions:

(a) "we" means Tuxiui Tea Company Limited; and

(b) "you" means our customer or prospective customer, and "us", "our" and "your" should be construed accordingly.

3. Order process
3.1 The advertising of products on our website constitutes an "invitation to treat" rather than a contractual offer.

3.2 No contract will come into force between you and us unless and until we accept your order with email confirmation of your order.

3.3 Orders are to be paid in one sum, in advance of delivery.

4. Products
4.1 The following types of products are or may be available on our website from time to time: tea, seaware.

4.2 We may periodically change the products available on our website, and we do not undertake to continue to supply any particular product or type of product.

4.3 The images of the products on our website are for illustrative purposes only and show products photographed in a professional environment. We cannot guarantee that your device's display of any color will be accurate.

4.4 The packaging of product may vary from that shown in images on our website - we will endeavor to mention this on the product pages but this may not always be possible.

4.5 All glass, stoneware, ceramic, and porcelain seaware may vary slightly in color and texture due to minor changes from the makers - we will endeavor to mention this on the product pages but this may not always be possible.

4.6 Depending on shipping location selected, different products are available due to differing stock levels and availability in certain warehouses.

5.1 Default prices on our website are quoted in USD.

(a) When shipping to England, prices are quoted in England dollars (GBP).

(b) When shipping to Canada, prices are quoted in Canadian dollars (CAD).

(d) When shipping to Denmark, prices are quoted in Danish krone (DKK).

(e) When shipping to Switzerland, prices are quoted in Swiss francs (CHF).

(f) When shipping to Australia, prices are quoted in Australian dollars (AUD).

5.2 We will from time to time change the prices quoted on our website, but this will not affect completed contracts.

5.3 It is possible that prices on the website may be incorrectly quoted; accordingly, we will verify prices as part of our sale procedures so that the correct price will be notified to you before the contract comes into force.

6. Payments
6.1 You must, during the checkout process, pay the prices of the products you order.

6.2 Payments may be made by any of the permitted methods specified on our website from time to time.

6.3 If you fail to pay to us any amount due under these terms and conditions in accordance with the provisions of these terms and conditions, then we may withhold the products ordered and/or by written notice to you at any time cancel the contract of sale for the products.

6.4 If you make an unjustified credit card, debit card or other chargeback then you will be liable to pay us, within 7 days following the date of our written request:

(a) an amount equal to the amount of the chargeback;

(b) all third party expenses incurred by us in relation to the chargeback (including charges made by our or your bank or payment processor or card issuer);

7. Deliveries
7.1 Our policies and procedures relating to the delivery of products are set out in this Section 8.

7.2 We will arrange for the products you purchase to be delivered to the delivery address you specify during the checkout process.

7.3 We will use reasonable endeavors to deliver your products on or before the date for delivery set out in the order confirmation or, if no date is set out in the order confirmation, within the maximum working days specified for specified service on our delivery page; however, we do not guarantee delivery by this date.

7.4 We do guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within 30 days following the later of receipt of payment and the date of the order confirmation.

8. Risk and ownership
8.1 The products you purchase from us will be at your risk from the time that they come into your physical possession or the physical possession of a person identified by you to take possession of the products.

8.2 Ownership of a product that you purchase from us will pass to you upon the later of:

(a) delivery of the product; and

(b) receipt by us in cleared funds of all amounts due in respect of the product (including delivery charges).

9. Warranties and representations
9.1 You warrant and represent to us that:

(a) you are legally capable of entering into binding contracts;

(b) you have full authority, power and capacity to agree to these terms and conditions;

(c) all the information that you provide to us in connection with your order is true, accurate, complete and non-misleading; and

(d) you will be able to take delivery of the products in accordance with these terms and conditions.

9.2 We warrant to you that:

(a) we have the right to sell the products that you buy;

(b) the products we sell to you are sold free from any charge or encumbrance, except as specified in these terms and conditions;

(d) the products you buy will correspond to any description published on our website; and

(e) the products you buy will be of satisfactory quality.

9.3 All of our warranties and representations relating to the supply of products are set out in these terms and conditions. To the maximum extent permitted by applicable law and subject to Section 12.1, all other warranties and representations are expressly excluded.

10. Limitations and exclusions of liability
10.1 Nothing in these terms and conditions will:

(a) limit or exclude any liability for death or personal injury resulting from negligence;

(b) limit or exclude any liability for fraud or fraudulent misrepresentation;

(d) exclude any liabilities that may not be excluded under applicable law,

and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.

10.2 The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:

(a) are subject to Section 13.1; and

(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

10.3 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

10.4 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

10.5 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

10.6 Our aggregate liability to you in respect of any contract to purchase products from us under these terms and conditions shall not exceed the total amount paid and payable to us under the contract.

11. Order cancellation
11.1 We may cancel a contract under these terms and conditions immediately, by giving you written notice of termination, if:

(a) you fail to pay, on time and in full, any amount due to us under that contract; or

(b) you commit any material breach of that contract.

11.2 You may cancel a contract under these terms and conditions immediately, by giving us written notice of termination, if we commit any material breach of that contract.

11.3 We may cancel a contract under these terms and conditions by written notice to you if we are prevented from fulfilling that contract by any event beyond our reasonable control, including without limitation any unavailability of raw materials, components or products, or any power failure, industrial dispute affecting any third party, governmental regulations, fire, flood, disaster, riot, terrorist attack or war.

12. Consequences of order cancellation
12.1 If a contract under these terms and conditions is cancelled in accordance with Section 13:

(a) we will cease to have any obligation to deliver products which are undelivered at the date of cancellation;

(b) you will continue to have an obligation where applicable to pay for products which have been delivered at the date of cancellation (without prejudice to any right we may have to recover the products);

13. Scope
13.1 These terms and conditions shall not constitute or effect any assignment or license of any intellectual property rights.

13.2 These terms and conditions shall not govern the licensing of works (including software and literary works) comprised or stored in products.

13.3 These terms and conditions shall not govern the provision of any services by us or any third party in relation to the products (other than delivery services).

14. Variation
14.1 We may revise these terms and conditions from time to time by publishing a new version on our website.

14.2 A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision, but will not affect contracts made before the time of the revision.

15. Assignment
15.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

15.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

16. No waivers
16.1 No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.

16.2 No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any other breach of that provision or any breach of any other provision of that contract.

17. Severability
17.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

17.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

18. Third party rights
18.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

18.2 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.

19. Entire agreement
19.1 Subject to Section 12.1, these terms and conditions, together with our delivery policy and our returns policy shall constitute the entire agreement between you and us in relation to the sale and purchase of our products and shall supersede all previous agreements between you and us in relation to the sale and purchase of our products.