Terms of Service

Last Updated: March 20, 2015

Accepting these terms

By using or accessing the website (songtea.com, the “Service”, the “site”) of Song Tea Merchants LLC (Song Tea & Ceramics, Song, we, us) you agree to be bound by our terms listed below. Please read all of the terms before using our site. Contact us with any questions or concerns at hello@songtea.com with subject: Terms.

This website is owned and operated by Song Tea Merchants, LLC. The mailing address is 2120 Sutter Street, San Francisco, CA 94115.

Privacy policy

For information about how we collect and use information about our users, please view our privacy policy available at http://songtea.com/privacy-policy/.

Changes to these terms

We reserve the right to modify these Terms at any time. For example, we may update the terms when adding a new feature set. Whenever we make changes to these Terms, the changes are effective immediately after we post revised Terms (indicated by revising the date at the top of this page). If you continue to use the Service after the revised Terms go into effect, then you have accepted the changes to these Terms.

Third-party services

From time to time, we may provide you with links to third party websites or services that we do not own or control. Your use of such third party applications, websites, and services is governed by that party's own terms of service or privacy policies. We encourage you to read the terms and conditions and privacy policy of any third party application, website or service that you visit or use.

Creating accounts

By using this site and/or providing personal information to us, you certify that you are above the age of 13. When you create an account with us, you agree to maintain the security of your password and accept all risks of unauthorized access to any data or other information you provide.

If you discover or suspect any Service security breaches, please let us know as soon as possible.

Site transactions

We reserve the right to refuse order fulfillment or prohibit orders for any reason under our sole discretion. If your order is cancelled after payment is received, we will issue a refund. We reserve the right to cancel orders that appear to be placed with the intent to resell or distribute our product.

Product information

We reserve the right to edit product descriptions and supplemental information at any time. We apologize for any inconvenience this may cause you during the ordering process.

We cannot guarantee that product colors as they appear in our photographs represent actual product color. This is due to different color profiles depending on the monitor or screen.

We endeavor to accurately convey flavor notes of our consumable products through extensive description and tasting notes. We also attempt to accurately represent the appearance our non-consumable products such as tea ware, one-of-a-kind ceramics, and accessories through description, dimensions, and photographs. However, such methods are not exhaustive. Upon receiving the product, you may perceive differences in taste or appearance that were not conveyed in the web description or photographs. By using our site, you agree not to base your evaluation of our products on the descriptions, which are intended only to supplement sampling or purchase of our products. We do not accept returns on consumable products once opened. All responsibility rests upon the buyer to purchase small quantities for evaluation purposes or contact us for additional information before purchase. We welcome feedback on our descriptions as we aim to make them as accurate as possible.

Product availability

Due to the nature of our small batch, limited edition, and seasonal products, we cannot replenish stock once it sells out. We make every effort to remove our out of stock products in a timely manner. For individual questions about product availability, please call us at (415) 885-2118 11am-6pm PST, Tuesday through Saturday.

Correspondence

Any and all correspondence with us such as submissions, feedback, reviews, comments, emails, or other user-generated content shall become and remain the property of Song Tea Merchants, LLC. We reserve the right to use correspondence content in any form we choose, but we will request permission if use of your name is necessary. For example, we may use feedback to update a product description. We do not guarantee compensation or response to any correspondence.

Permitted and prohibited uses

You may use our website only for lawful purposes and in accordance with these terms. You agree not to use our website in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries). You also agree not to:

Use our website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of our website.

Use any robot, spider or other automatic device, process or means to access our website for any purpose, including monitoring or copying any of the material on our website.

Use any device, software or routine that interferes with the proper working of our website.

Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of our website, the server on which our website is stored, or any server, computer or database connected to our website.

Otherwise attempt to interfere with the proper working of our website.

Trademarks

Song Tea & Ceramics® and the Song Tea & Ceramics logo are registered trademarks of Song Tea & Ceramics, LLC. In no way do you have permission to use these trademarks without consent. All other names, logos, product and service names, designs and slogans that may appear on this website are the trademarks of their respective owners.

Intellectual property

All materials, including but not limited to site logo, design, text, graphics, pictures, information and other content is intellectual property owned by us and is protected by U.S. and international copyright laws.

Users of the site are prohibited from: (i) modifying or otherwise making any derivative uses of the Service or any portion thereof; (ii) using any data mining, robots or similar data gathering or extraction methods; (iii) reverse engineering or accessing the Service in order to build a competitive product or service; or (iv) using the Service other than for its intended purposes. Violations of our terms may result in termination of your use of the Service.

Hyperlinks and third-party content

You may create a hyperlink to our site but you may not use, frame or utilize framing techniques to enclose any of our logos or other proprietary information without our express written consent.

Song Tea Merchants makes no claim or representation regarding, and accepts no responsibility for third party websites accessible by hyperlink from the Service or websites linking to the Service. When you leave the Service, you should be aware that these Terms and our policies no longer govern.

Limitation of liability

THE SERVICE AND ANY OTHER SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE ARE PROVIDED TO YOU ON AN AS IS OR AS AVAILABLE BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE.

IN NO EVENT WILL SONG TEA MERCHANTS, LLC BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR ANY OTHER SERVICE AND/OR CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY'S LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LIABILITY FOR NEGLIGENCE, WILL NOT EXCEED INSURANCE COVERAGE AVAILABLE AT THE TIME OF SETTLEMENT OR JUDGMENT. THIS SECTION WILL BE GIVEN FULL EFFECT EVEN IF ANY REMEDY SPECIFIED IN THIS AGREEMENT IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

We do not guarantee uninterrupted or error-free use of our site or the servers storing our data. By using our site, you assume full responsibility of any costs of servicing any equipment used to access our website.

You agree to defend, indemnify and hold us harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees, costs, penalties, interest and disbursements) we incur in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party relating to your use of the Service or the use of the Service by any person using your account, including any claim that your use of the Service violates any applicable law or regulation, or the rights of any third party, and/or your violation of these Terms.

Governing law

The validity of these Terms and the rights, obligations, and relations of the parties under these Terms will be construed and determined under and in accordance with California law without regard to conflicts of law principles.

Jurisdiction

You expressly agree that exclusive jurisdiction for any dispute with the Service or relating to your use of it, resides in the courts of the state of California and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the state of California located in San Francisco in connection with any such dispute including any claim involving Service. You further agree that you and Service will not commence against the other a class action, class arbitration or other representative action or proceeding.

Termination

If you breach any of these Terms, we have the right to suspend or disable your access to or use of the Service.

Entire agreement

These Terms constitute the entire agreement between you and Song Tea Merchants, LLC regarding the use of the Service, superseding any prior agreements between you and Song Tea Merchants, LLC relating to your use of the Service.

Feedback

We gladly welcome any suggestions or comments in regards to our website and what information, products, and services which are included here. You can contact us at hello@songtea.com or (415) 885-2118 to share your feedback with us.