Welcome to orientalteahouse.com.au!
Oriental Teahouse provides services to you, the User, subject to the following conditions. These conditions shall apply to every visit to this site and every sale made or agreed to be made by the Oriental Teahouse and no variation or abrogation of the same shall be effective unless it is evidenced in writing signed on behalf of Oriental Teahouse. To the extent to which the terms of any order differ from these conditions of sale the acceptance thereof shall be deemed to be an offer to supply only on the terms and conditions contained herein and acceptance of the Goods thereafter shall constitute acceptance of the Goods on these conditions of sale. If you visit or shop at orientalteahouse.com.au you accept these conditions. Please read them carefully. In addition, when you use any current or future orientalteahouse.com.au service or visit or purchase from any business affiliated with orientalteahouse.com.au whether or not included in the orientalteahouse.com.au web site, you also will be subject to the guidelines and conditions applicable to such service or business. Please note that only purchases made within Australia can be processed by this website.
WHAT PERSONAL INFORMATION ABOUT CUSTOMERS DOES orientalteahouse.com.au GATHER?
The information we learn from customers helps us personalize and continually improve your shopping experience at orientalteahouse.com.au. Here are the types of information we gather: Information You Give Us. We receive and store any information you enter on our web site or give us in any other way. You can choose not to provide certain information, but then you might not be able to take advantage of many of our features. We use the information that you provide for such purposes as responding to your requests, customizing future shopping for you and communicating with you. Automatic Information: We receive and store certain types of information whenever you interact with us. For example, like many Web sites, we use "cookies," and we obtain certain types of information when your Web browser accesses orientalteahouse.com.au. A number of companies offer utilities designed to help you visit Web sites anonymously. Although we will not be able to provide you with a personalized experience at orientalteahouse.com.au if we cannot recognize you, we want you to be aware that these tools exist.
WHAT ABOUT COOKIES?
Cookies are alphanumeric identifiers that we transfer to your computer's hard drive through your Web browser to enable our systems to recognize your browser and to provide features such as automatic login and permanent shopping carts for storage of items in your Shopping Cart between visits. The "help" portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. However, cookies allow you to take full advantage of some of orientalteahouse.com.au’s coolest features, and we recommend that you leave them turned on.
DOES orientalteahouse.com.au SHARE THE INFORMATION IT RECEIVES?
Information about our customers is an important part of our business, and we are not in the business of selling it to others. We share customer information only with the subsidiaries orientalteahouse.com.au Affiliated Businesses We Do Not Control: We work closely with our affiliated businesses. In some cases, these businesses operate stores at orientalteahouse.com.au or sell offerings to you at orientalteahouse.com.au. In other cases, we operate stores, provide services, or sell product lines jointly with these businesses. You can tell when another business is involved in your transactions, and we share customer information related to those transactions with that business. Agents: We employ other companies and individuals to perform functions on our behalf. Examples include fulfilling orders, delivering packages, sending postal mail and e-mail, removing repetitive information from customer lists, analysing data, providing marketing assistance, processing credit card payments, and providing customer service. They have access to personal information needed to perform their functions, but may not use it for other purposes.
HOW SECURE IS INFORMATION ABOUT ME?
We work to protect your privacy and information by using Secure Sockets Layer (SSL) software, which encrypts information you input. It is important for you to protect against unauthorized access to your password and to your computer. Be sure to sign off when finished using a shared computer.
WHAT INFORMATION CAN I ACCESS?
orientalteahouse.com.au gives you access to the following information about you for the limited purpose of viewing and, in certain cases, updating that information. This list will change as our Web site evolves.
WHAT CHOICES DO I HAVE?
As discussed above, you can always choose not to provide information, even though it might be needed to make a purchase or to take advantage of such orientalteahouse.com.au features as Automatic login, and permanent shopping carts. You can add or update certain information on pages such as those listed in the "My Account" pages. When you update information, we usually keep a copy of the prior version for our records.
When you visit orientalteahouse.com.au or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Oriental Teahouse or its content suppliers and protected by Australian and international copyright laws. The compilation of all content on this site is the exclusive property of Oriental Teahouse and protected by Australian and international copyright laws. All software used on this site is the property of Oriental Teahouse or its software suppliers and protected by Australian and international copyright laws.
LICENSE AND SITE ACCESS
Oriental Teahouse grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Oriental Teahouse. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Oriental Teahouse. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of orientalteahouse.com.au and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Oriental Teahouse’s name or trademarks without the express written consent of orientalteahouse.com.au. Any unauthorized use terminates the permission or license granted by Oriental Teahouse. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of orientalteahouse.com.au so long as the link does not portray Oriental Teahouse, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Oriental Teahouse logo or other proprietary graphic or trademark as part of the link without express written permission.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Oriental Teahouse does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use orientalteahouse.com.au only with involvement of a parent or guardian. orientalteahouse.com.au and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Property and ownership in the Goods purchased from this site will not pass to the User but will remain in Oriental Teahouse until payment in full of the Purchase Price of the Goods and all other amounts owing is made to Oriental Teahouse by the User. Risk in the Goods will pass at the time of delivery and the User must insure the Goods. Until property in the Goods passes to the User:
In the event that the User fails to return the Goods following the making of a demand, Oriental Teahouse is entitled to enter the User's premises for the purpose of taking possession of the Goods and Oriental Teahouse may resell the Goods to another person.
The User acknowledges that if it mixes the Goods with other products or items so that the Goods are no longer separately identifiable, the User and Oriental Teahouse will be owners in common of the new product. The authority of the User to sell the Goods does not extend to the making of any warranties or conditions which exposes Oriental Teahouse to liability to another person (except as to the price, the terms of payment and like provisions) and the User must ensure that to the full extent permitted by law all conditions, warranties implied or imposed by law are excluded and where such a condition cannot be excluded that Oriental Teahouse's liability is limited to the full extent permitted by law.
The User shall not attempt to give or allow any security interest over the Goods in favour of another person.
The conditions of this clause 9 apply notwithstanding any arrangement between the parties under which Oriental Teahouse grants the User credit.
EXCLUSION OF LIABILITY
To the full extent permitted by law:
Oriental Teahouse assumes no liability (whether for negligence or otherwise) for any technical advice or assistance given by this site or the results obtained therefrom and any such advice is given and accepted at the User's risk;
Oriental Teahouse and its affiliates attempt to be as accurate as possible. However, Oriental Teahouse does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Oriental Teahouse itself is not as described, your sole remedy is to return it in unused condition. Disclaimer of warranties and limitation of liability this site is provided by Oriental Teahouse on an "as is" and "as available" basis. orientalteahouse.com.au makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site. You expressly agree that your use of this site is at your sole risk to the full extent permissible by applicable law, Oriental Teahouse disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Oriental Teahouse does not warrant that this site, its servers, or e-mail sent from orientalteahouse.com.au are free of viruses or other harmful components. Oriental Teahouse will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
Any time or date named or accepted by Oriental Teahouse for completion, delivery, despatch, shipment or arrival of the Goods or for tender of any documents is an estimate only and does not constitute a condition of the contract or part of the description of the Goods. Oriental Teahouse shall not be under any liability whatsoever for the consequences of any delay as a result of any cause outside its reasonable control and, in particular, but without prejudice to the generality of the foregoing, Oriental Teahouse shall be under no liability whatsoever for any delay in completion, delivery, despatch, shipment or arrival of the Goods or in the tender of any documents caused (directly or indirectly) by acts of God, war, riots, strikes, lockouts, trade disputes, fires, breakdowns, mechanical failures, interruption of transport, government action or by any other cause whatsoever, whether or not of a like nature to those specified above, outside the reasonable control of Oriental Teahouse and in any such event the time for completion, delivery, despatch, shipment or arrival of the Goods or tender of documents may be extended by Oriental Teahouse (or Oriental Teahouse may cancel the contract without any liability whatsoever on its part). Time for completion, delivery, despatch, shipment or arrival of the Goods or for the tender of any documents is not of the essence of the contract. In the event of production of the Goods or any part thereof being hindered or impaired or ceasing for any cause whatsoever outside the reasonable control of Oriental Teahouse, Oriental Teahouse may notify the User that it is unable to fulfil the contract and may cancel the contract without being under any liability whatsoever save for an obligation to return to the User any money received by Oriental Teahouse in respect of the Goods at that time. Unless otherwise stated in writing Oriental Tea House may make partial deliveries or deliveries by instalments in any amounts it may determine and each such partial delivery or delivery by instalment shall be deemed to be separate contracts and these conditions of sale shall apply to each partial delivery or delivery by instalment. Oriental Teahouse may deliver up to five per cent more or less than the amount specified for delivery, subject only to an appropriate adjustment to the price payable, in full satisfaction of Oriental Teahouse's obligations pursuant to the particular contract.
Items are shipped either standard via Australia Post or express via Startrack Express. Standard shipped items will arrive 3-5 days after payment clears. We allow pickups but only if they are prearranged.
orientalteahouse.com.au will accept returns in accordance with Victorian and Australian law.
The User agrees to be bound by the following conditions in relation to the making of a claim. Failure to comply with the following provisions shall, to the full extent permitted by law, disentitle the User to any remedy in respect of any shortfall in or loss or damage to the Goods delivered; these expressions include Goods which are defective or non-conforming.
REPAIRS AND WARRANTIES
Most items are covered by manufactures warranty so if a product is faulty please contact us immediately so as to authorize a repair or replacement. If an item arrives and is faulty on arrival please contact us within 14 days so we can arrange a replacement or repair.
PROPER LAW AND JURISDICTION
All contracts made between Oriental Teahouse and the User in Australia shall be governed by and construed in accordance with the laws of the State of Victoria. The User agrees to submit to the non-exclusive jurisdiction of the Victorian courts for all purposes of or in connection with such contracts.
Any dispute relating in any way to your visit to orientalteahouse.com.au or to products you purchase through orientalteahouse.com.au shall be submitted to confidential arbitration in MELBOURNE, VIC, except that, to the extent you have in any manner violated or threatened to violate Oriental Teahouse’s intellectual property rights, Oriental Teahouse may seek injunctive or other appropriate relief in any state or federal court in the state of VIC, and you consent to exclusive jurisdiction and venue in such courts. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, posted on this site. These policies also govern your visit to orientalteahouse.com.au. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
ERRORS AND OMISSIONS
Oriental Teahouse endeavours to maintain the accuracy of product images, product descriptions, stock availability and prices, we do however reserve the right to cancel an order and/or reverse a payment if an order has been placed based on erroneous information.
The User shall pay to Oriental Teahouse in addition to the price of the Goods all taxes, duties, imposts or other levies thereon or in respect thereof charged to Oriental Teahouse or for which Oriental Teahouse may be liable when demand is made thereafter (whether in the invoice for the Goods or otherwise). It is the User's responsibility to supply the prescribed certificates exempting payment of taxes within the acceptable period, otherwise taxes are for the account of the User.
Oriental Teahouse can charge the User with all reasonable expenses (including, but not limited to transportation, storage costs, collection and recovery costs and legal costs) incurred by the Oriental Teahouse to enforce payment of any debt owed by the User to the Oriental Tea House or otherwise in enforcing these terms and conditions of sale.
Oriental Teahouse has the right to set off any amount owing by Oriental Teahouse to the User against any amount owing by the User or any related company (within the meaning of the Corporations Law) of the User to the Oriental Teahouse.
The headings of these conditions of use are provided for convenience only and shall have no effect on the interpretation thereof. If at any time Oriental Teahouse does not enforce any of these conditions of sale or grant the User time or other indulgence, Oriental Teahouse shall not be construed as having waived that term or condition or its rights to later enforce that or any other term or condition. If a provision or part of a provision is illegal, void or unenforceable the remainder of the provision