If you do not accept the terms and conditions of the The Art of Tea website, you must discontinue using it.
The Art of Tea may revise this Agreement at any time by updating this website. Use of the website after such changes are posted will indicate your agreement to these revised terms. You should visit this page periodically to review this Agreement.
Conditions of Sale
If you choose to purchase from this website, you are agreeing to the conditions of sale outlined below.
All of our prices are in Australian dollars (AUD) and include GST (Goods and Services Tax) where GST applies. All teas, herbal infusions and fruit blends are GST free. Accessories for making tea and freight charges include GST.
You are responsible for selecting products from this website. The Art of Tea will not refund or replace any product if you have selected something incorrectly, changed your mind, do not like the product, or it fails to meet your expectations regarding symptomatic relief.
The Art of Tea will ship a replacement product if we have incorrectly packaged and/or shipped a product that you did not order. Please contact us within 7 days of receiving the goods to discuss this process. No responsibility for replacement will be taken after 7 days of receipt.
Freight and delivery times
The Art of Tea uses Australia Post for the freighting of retail orders (courier services for some wholesale customers). This website is linked directly with the Australia Post API to determine the shipping cost of your order. While every effort is made to ensure this cost will be accurate, we cannot guarantee it will always be correct. If you feel you the freight charge is excessive, please contact us to discuss this BEFORE you place your order.
The delivery times are determined by the freight provider. The Art of Tea despatches parcels from Kingston, Tasmania during weekdays and normal (9-5) business hours only (Note: we are not a large international 24/7 warehouse!). We aim to despatch your order within 1-3 working days of receiving your order. The following are estimated delivery times in working days (please allow an extra few days in peak periods such as November & December).
Within Tasmania – 1-2 days
Melbourne – 2-3 days
Sydney and Country Victoria 3-4 days
Brisbane and Country NSW – 4-5 days
Perth, 5-6 days
Country WA, NT, remote external Territories 7+ 8 days (Consider Express Post)
Whilst every attempt is made to obtain the best quality ingredients for our products, there are seasonal variations and changes with suppliers due to availability and the products may vary over time. We cannot promise that the products will always be the same as a previous batch, but all due care is taken in an attempt to provide products of high quality and as consistent as reasonably possible.
If a product is ordered and paid for but is unavailable, the Art of Tea will contact you and discuss whether you would like a substitute product sent or wait until the ordered product becomes available. The Art of Tea makes every attempt to have products available that are shown on the website, but at times stock may become unavailable without notification.
For general and health advice disclaimers, please see our Disclaimer page
Ownership of Material, Software Licences & Intellectual Property Rights
All materials displayed or otherwise accessible through this website, including, without limitation, articles, text, photographs, images, illustrations, computer software and code, and the website, itself, are protected under Australian and foreign copyright or other laws, and are owned by The Art of Tea.
Any use, reproduction, modification, alteration, public performance or display, uploading or posting onto the internet ( including placing on another website ), transmission, redistribution or other exploitation of this website or of any content, whether in whole or in part, other than expressly set out herein, is prohibited without the express written permission of The Art of Tea.
All software embedded in or located on or at this website, including, without limitation, all computer code of all types, including all files and/or images contained in or generated by such software (Software) is protected by copyright and may be protected by other rights. All such Software is owned by The Art of Tea, its licensors or the party accredited with ownership of such Software. You are hereby granted the right to access and use the Software embedded and integrated into this website, subject to
(i) the terms and conditions of this Agreement, and
(ii) any additional conditions which may be imposed on your access and use of such Software.
If this website provides Software for download, unless otherwise provided, you are hereby granted, subject
(i) to the terms of this Agreement and
(ii) to any other terms and conditions that may apply to your downloading and use of such Software, a personal, non-transferable, non-exclusive license to
(iii) install and run one copy of the Software in object-code format on a non-networked computer for your personal, non-commercial use; and
(iv) to reproduce the Software only as reasonably required to install, run and make reasonable backup copies as allowed by law.
Except to the extent expressly permitted in this Agreement, you may not:
(i) use, reproduce, modify, adapt, translate, upload, download or transmit the Software in whole or in part;
(ii) sell, rent, lease, licence, trade, transfer or otherwise provide access to the Software;
(iii) alter, remove or cover any trademarks or proprietary notices included in the Software; and/or
(iv) disassemble, decrypt, extract or reverse engineer the Software or assist others in doing so.
Nothing contained in this website shall be construed as granting you any right, title, interest or other license in or to any Software embedded or integrated into this website or made available for download from this website, including, but not limited, to any intellectual property rights in the Software.
All Software embedded or integrated into this website is provided as Is, without warranties of any kind, either expressed or implied, including, without limitation, any warranty
(i) that the Software is of merchantable quality or is fit for any particular purpose;
(ii) that the Software will conform with any specification(s) relating to the Software;
(iii) that the Software will be free from material defects;
(iv) that the Software contains no computer viruses or other contaminants; or
(v) that the Software shall process date-related and time-related data without causing any processing interruptions, abnormal termination or process or manipulate any time-related data.
Limitation of Liability
(A) To the extent permitted by law The Art of Tea aggregate liability to you, whether for breach of these terms or in negligence or in any other tort or for any other common law or statutory cause of action arising in relation to these terms, the site or the content is limited to the following, the choice of which is at The Art of Tea sole discretion:
(i) In the case of goods any one or more of the following:
(a) the replacement of the goods or the supply of equivalent goods;
(b) the repair of the goods;
(c) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(d) the payment of the cost of having the goods repaired; or
(ii) in the case of services:
(a) the supply of the services again; or
(b) the payment of the cost of having the services supplied again.
(B) To the extent permitted by law The Art of Tea will not be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity or loss of anticipated savings resulting from your access to, or use of, or inability to use the site and the content, whether based on warranty, contract, tort, negligence or any other legal theory, and whether or not we know of the possibility of such damage.
(C) If a jurisdiction does not allow the exclusion or limitation of liability in accordance with paragraph (a) or (b) but allows a limitation of a certain maximum extent then our liability is limited to that extent.
The Art of Tea expressly disclaims any and all liability for the acts, omissions or conduct of any third-party user of this website or any advertiser or sponsor of the website. Under no circumstances shall The Art of Tea and its officers, directors, employees, agents licensors, be liable for any injury, loss, damage (including special, indirect, incidental or consequential damages) or expense arising in any manner whatsoever from (i) the acts, omissions or conduct of any third-party user; and (ii) any use or inability to use any materials, software, content, goods or services located at or made available at any web site linked to or from this website.
If you decide to access or use any linked web site or content, materials, software, goods or services from a web site linked to this website, you do so entirely at your own risk.
You hereby release The Art of Tea and its officers, directors, employees, agents and their respective successors and assigns, from any damages that you incur, and agree not to assert any claims against them, arising from your purchase or use of any products or services made available through this website or by third parties through this website.
Links, Downloads, Features and Advertisements
This website may contain links to third-party web sites. These links are provided solely as a convenience to you and not as an endorsement by The Art of Tea of the contents of such third-party web sites.
We take no responsibility for the accuracy, content, or any aspect of that material, and disclaim any liability to you for such material or for any consequence of your decision to use the links provided or your use of such material. We also disclaim all liability and make no representations or warranties for any products or services sold or provided to you by any third party. Your purchase of products or services through one of those other sites is subject to agreements and/or the terms and conditions in effect between you and the providers of products and services at those other sites. You agree that you shall not bring a suit or claim against The Art of Tea or any of our affiliates arising from or based on your purchase or use of products or services through those other sites. Links do not imply that The Art of Tea or any of our affiliates sponsors, endorses, is affiliated or associated with, or is legally authorised to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any linked site is authorised to use any trademark, trade name, logo, or copyright symbol of The Art of Tea or any of our affiliates.
The Art of Tea is not responsible for the content of any third-party web site, nor does it make any representation or warranty of any kind regarding any third-party web site including, without limitation
(i) any representation or warranty regarding the legality, accuracy, reliability, completeness, timeliness, suitability of any content on any third-party web site;
(ii) any representation or warranty regarding the merchantability or fitness for a particular purpose of any material, content, software, goods or services located at or made available through such third-party web sites; or
(iii) any representation or warranty that the operation of the third-party web sites will be uninterrupted or error free, that defects or errors in such third-party websites will be corrected or that such third-party websites will be free from viruses or other harmful components.
While The Art of Tea encourages links to this website, it does not wish to be linked to or from any third-party web site which:
(i) contains, posts or transmits any unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any content constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law, regulation which may be damaging or detrimental to the activities, operations, credibility or integrity of The Art of Tea or which contains, posts or transmits any material or information of any kind which promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, could be harmful to minors, harasses or advocates harassment of another person, provides material that exploits people under the age of 18 in a sexual or violent manner, provides instructional information about illegal activities, including, without limitation, the making or buying of illegal weapons; or
(ii) contains, posts or transmits any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy, or which is protected by copyright, trademark or other proprietary rights. The Art of Tea reserves the right to prohibit or refuse to accept any link to this website, including, without limitation, any link which contains or makes available any content or information of the aforementioned nature, at any time. You agree to remove any link you may have to this website upon the request of The Art of Tea.
You agree to indemnify, defend and hold harmless The Art of Tea and its officers, directors, employees, agents, licensors and their respective successors and assigns, from and against any and all claims, demands, liabilities, costs or expenses whatsoever, including, without limitation, legal fees and disbursements resulting directly or indirectly from: (i) your breach of any of the terms and conditions of this Agreement; (ii) your access, use or inability to access or use the The Art of Tea website or any The Art of Tea website Content or other content to which the The Art of Tea website is or may be linked to from time to time; (iii) your use of, reliance on, publication, communication or distribution, uploading or downloading of anything on or from the The Art of Tea website; and/or (iv) your violation of any law or regulation.
Registration and Use of Passwords
To access particular pages and features of this website, you may be asked to register with The Art of Tea. You agree:
(i) that The Art of Tea reserves the right to refuse registration access to any individual or organisation at any time
(ii) to provide true, accurate, current and complete information about yourself as prompted by any form provided by The Art of Tea and
(iii) to maintain and promptly update the information you provide to keep it true, accurate, current and complete.
To access particular pages of this website, you may need to use a username and password, which you will receive through our website registration process. It is your responsibility to maintain the confidentiality of the password and account, and you are responsible for all activities that occur using your password or account. You agree to notify The Art of Tea immediately of any unauthorised use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. The Art of Tea cannot and will not be liable for any loss or damage arising from your failure or The Art of Tea failure to protect your password or account information.
Security of Information on the Internet
You should note that information sent or received over the Internet is generally unsecure and The Art of Tea cannot and does not make any representation or warranty concerning security of any communication to or from this website or any representation or warranty regarding the interception by third parties of personal or other information.
Governing Law and Jurisdiction
This website (excluding linked Web sites) is controlled by The Art of Tea based in the state of Tasmania, Australia. By accessing or using this website, you agree that all matters relating to your access to, or use of, this website shall be governed by the laws of the state of Tasmania and and the laws of Australia. You agree and hereby submit to the non-exclusive jurisdiction of the Federal Court of Australia and/or the courts of the state of Tasmania with respect to such matters.