Terms Of Use

Tea by the Bay Terms and Conditions (Terms)

1) Your acceptance

1.1 These are the terms on which Maison Consultants Pty Ltd ABN 50 608 756 770 trading as ‘Tea by the Bay’ (referred to as TB, we, our or us) permits users (referred to as you or your) to:

(a) access and use the TB website (com.au) (Website) including using the services and functionality made available through the Website, viewing Content (defined in clause 12) provided by TB, communicating with TB and reviewing product or other information; and
(b) place an order for products, services or both (Order) through the Website, our premises, email, post or other means (Store).

 

1.2 You agree to be bound by these Terms when you:

(a) use, browse or access any part of the Website;
(b) register an account with the Website; or 
(c) place an Order through the Store.

 

1.3 TB may from time to time review and update these Terms to take account of new laws, regulations, products or technology. Your use of the Website and placing of an Order will be governed by the most recent Terms posted on the Website. By continuing to use the Website or place an Order, you agree to be bound by the most recent Terms. It is your responsibility to check the Website regularly for updated versions of the Terms.

2) Registering an Account

2.1 You may be required to register an account to make an Order (Account).

2.2 You warrant that all information and data provided by you in the registration is accurate, complete and up to date. You will promptly inform TB if there is any change to this information or data.

2.3 By registering an Account, you warrant to us that you are at least 18 years of age and possess the legal authority to enter into, and use the Website or place an Order in accordance with, these Terms. You agree to be financially responsible for all of your use of the Website or for placing an Order (as well as for use of your Account by others, including without limitation minors (under 18 years old) living with you or in your care).

3) Passwords

3.1 In order to make an Order, you may be required to enter the Account password selected by you when registering your Account on the Website (Password). You agree that you will not disclose, or permit disclosure of, the Password to any person. You will be fully responsible for all acts and omissions of any person who enters into a transaction using your Password, as if they were your own acts and omissions. TB will not in any event be liable for any loss, damage, claims, costs or expenses arising out of the use or misuse of the Password, and you will indemnify TB against all loss, damage, claims, costs or demands in this regard.

3.2 You may elect to change the Password at any time using the facility provided on the Website. You must immediately notify TB of any Password which is lost, inoperable or used in an unauthorised manner.

4) Orders for products, services or both through the Store

4.1 By placing an Order you are making an offer and commitment to purchase products, services or both in accordance with these Terms. An Order is subject to acceptance or rejection by TB in its discretion after receipt of the Order. Provided you have not accepted delivery of the products, where possible, TB may in its discretion permit an Order to be cancelled, but cancellations cannot be guaranteed once any applicable payment is received for the Order. The Order cannot be cancelled by you once you accept delivery of the products.

4.2 Once you have placed an Order in accordance with these Terms you will receive an email or other note confirming the details of your Order, other Order-related information and receipt of payment (where applicable) (Confirmation). Where your Order is made through the Website and is not accepted by us, your Account will be updated indicating that your Order has not been accepted. If you do not receive a Confirmation, please login to your Account to check the status of your Order.

4.3 Notwithstanding anything to the contrary, while we will use best endeavours to ensure that products advertised for sale are available for purchase, we may at any time following receipt of your Order accept, decline, or limit your Order for any reason whatsoever, whether or not your credit card has been charged or we have otherwise received payment from you. We will issue you with a refund if your credit card has been charged or we have received payment from you, and your Order is cancelled by us.

5) Product Descriptions

5.1 TB attempts to be as accurate as possible in the description of products. However, TB does not warrant that product descriptions are accurate, complete, reliable, current, or error-free.

6) Changes to products, services and pricing

6.1 We may modify prices and product and service offerings at our discretion for any reason (including but not limited to changes in market conditions, product discontinuation, changes in availability, manufacturer changes, errors in advertising, and in other circumstances).

6.2 All updates and modifications to the Store including any changes to the Store and all product and service pricing and offerings will be subject to these Terms. Any information we provide in relation to the availability of products is a guide only and is subject to change without notice. We will not be liable for any lack of availability of products that you may order through the Store. While we will use best endeavours to ensure that products advertised for sale on the Store are available for purchase, we cannot guarantee the availability of any product.

7) Pricing

7.1 All transactions are processed in Australian Dollars.

7.2 Prices are inclusive of goods and services tax. In all other respects prices are exclusive of taxes, duties and charges imposed or levied in Australia in connection with the supply of goods or services.

8) Payments

8.1 We accept credit card payment via Visa, MasterCard, PayPal, American Express, Google Pay, Shop Pay, bank transfer or any other form of payment notified by us.

8.2 The credit card holder must be either the billing or shipping recipient. All PayPal orders will ship to the registered PayPal address.

8.3 If PayPal is unable to successfully process your credit card for your Order that is accepted by us, then we may cancel your Order.

8.4 You must not pay, or attempt to pay, for Orders through any fraudulent or unlawful means.

8.5 We will provide you with a receipt at time of delivery which specifies the total fees and charges for the products and services in your Order. Where your Order is made through the Website, these details are also available under your Account for you to refer to or print at any time for the period that your Account remains active.

9) Delivery of Orders
  • 9.1 We offer the choice of shipping through our preferred third party couriers (Third Party Couriers). Shipping and delivery of Orders will be in accordance with the terms of the Third Party Couriers.
  • 9.2 You must provide a physical delivery address where someone is likely to be available to accept the delivery of your Order during business hours. You may be required by the Third Party Couriers to provide proof of identification for verification checks, in accordance with their delivery terms.
  • 9.3 Shipping costs are influenced by the size and weight of the products in your Order and your location.
  • 9.4 We aim to ship all Orders, where products are in stock, within [1-3] business days. If for any reason we are unable to dispatch your Order we will notify you within [3] business days. Shipping times are estimated at between 1-7 business days depending on your location within Australia, but are subject to the delivery terms of the Third Party Couriers.

10) Risk and title

10.1 If you elect to pick up your Order from our premises, then title and all risk of loss or damage to any product in your Order passes to you upon payment and collection from our premises.

10.2 If you elect to have your Order delivered to you using one of the Third Party Couriers, then title and risk of loss or damage to the products in your Order passes to you upon delivery.

11) Returns and refunds of an Order

11.1 We do not normally provide a refund if you have simply changed your mind about an Order, so please choose carefully.

11.2 In order to obtain a refund, exchange or to repair a product purchased from TB you must have clear proof of purchase; typically, a receipt or invoice.

11.3 To return your product (including warranty returns for faulty products, or where you have been sent the wrong item), please contact us. We will review your request, and at our option, issue you a Return Authorisation number. If we issue you a Return Authorisation number, please clearly print it on the outside of the package when returning your product to us. You acknowledge that by issuing you with a Return Authorisation number, we are not representing that your warranty claim is valid or that you will be entitled to have your product repaired or replaced, or a refund provided in relation to that product.

11.4 TB will accept returns in accordance with Victorian and Australian law. Returns are also accepted with prior approval from TB where a Return Authorisation number will be issued and must be within 30 days of invoice. The item must be unused and the packaging in new condition.

11.5 It is your responsibility to meet the costs of returning the goods to us, and to take care that they are not damaged while in your care or in transit. We strongly recommend that an insured or registered postal service is used for returns as we are not responsible for items lost or damaged in transit. Once the item has been received, inspected and approved, we will exchange the product or issue a refund for the purchase amount in the same manner the original order was paid. We will also refund the postage cost of returning the item to us.

12) Content

12.1 The Website is owned and operated by or on behalf of TB.

12.2 All intellectual property rights (including copyright and patents) in the information, comment, content, communication, advice, text, training materials, trade marks, logos, service names and trade names of TB, images of people or places or other content (Content) contained in the Website or otherwise provided to you by TB are owned or licensed by TB.

12.3 The Content on the Website and any other information provided to you is for general information purposes only. TB does not warrant or make any representations as to any third party products or services described or referred to on the Website or otherwise. Any use of the Content by another person or organisation is at the user's own risk.

12.4 The Content on the Website is obtained and developed from a variety of sources including but not limited to collaborations with third parties and information provided by third parties under licence. Inclusion of Content on the Website is not an endorsement of any organisation, product or service.

12.5 We may modify any information on the Website (including Content) at our discretion for any reason. All updates and modifications to the Website (including Content) will be subject to these Terms.

12.6 If you have a complaint regarding any Content on the Website, TB's sole obligation will be to review any written complaint notified to it and, if it sees fit, in its sole discretion, to modify or remove the particular Content.

13) Trademarks

    13.1 Trademarks may be displayed on the Website from time to time. These may belong to TB or to third parties. Nothing displayed on the Website should be construed as granting any licence or right of use of any logo or trademark displayed on a web site, without the express written permission of the relevant owner.

    14) Prohibited uses

      14.1 Unless expressly permitted by and in accordance with these Terms, you agree that in accessing and using the Website, you will not:

      14.2 download (other than page caching) or modify the Website or any portion of the Website;

      14.3 impersonate or falsely claim to represent a person or organisation;

      14.4 frame the Website without TB's express written permission; or

      14.6 post, link to, or otherwise communicate or distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information, or otherwise use the Website in a manner which is unlawful or would infringe the rights of another person including any intellectual property rights.

      15) Links

      15.1 The Website may contain links to other websites. We have not reviewed all of the third party websites linked on the Website and are not responsible for their content or accuracy. TB provides those links as a ready reference for searching for third party goods and services on the internet and not as an endorsement, support or sponsorship of those web sites, their operators, the goods, services or content that they describe.

      15.2 Facebook and other websites which are linked to the Website, are not covered by these Terms, and may have their own terms and conditions and privacy policy. If you choose to access these linked sites, you do so at your own risk. TB is not responsible for and will not be liable in respect of the content or operation of those web sites or any of the goods, services or content that they describe. TB is not responsible for and will not be liable in respect of any incorrect link to an external web site.

      16) Access and communication

        16.1 TB does not warrant that you will have continuous access to the Website. TB will not be liable if the Website is unavailable to you due to computer downtime attributable to malfunctions, upgrades, preventative or remedial maintenance activities or interruption in telecommunications supply.
          16.2 TB does not guarantee the delivery or security of communications over the internet as such communications rely on third party service providers, and electronic communication (including electronic mail) is vulnerable to interception by third parties.
            16.3 Whilst TB takes reasonable precautions to protect information transmitted via the Website, TB cannot and does not guarantee the security or confidentiality of these communications or the security of the Website.

                16.4 TB does not provide, and has no control over, communications, networks or services, the internet or other technology required or used across the Website and accepts no responsibility for any direct or indirect loss in any form associated with them, whether due to congestion, technical malfunction, viruses or otherwise.

                17) Indemnity

                You will fully indemnify TB in respect of all loss, damage, costs, expenses (including legal fees on a full indemnity basis), fines, penalties, claims, demands and proceedings howsoever arising, whether at common law (including negligence) or under statute, in connection with any of the following:

                (a) any breach of these Terms by you;
                (b) your use of the Website; or
                (c) your communications with TB.
                  18) Warranties, consumer guarantees and limitation of liability
                    18.1 Any representation, warranty, condition, guarantee or undertaking that would be implied in these Terms in relation to any product supplied by TB by legislation, common law, equity, trade, custom or usage is excluded to the maximum extent permitted by law, including any implied warranties of acceptable quality or fitness for a disclosed purpose.

                      18.2 Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law, Schedule 2 of the Competition and Consumer Act 2010 (Cth) (ACL) or any other applicable law that cannot be excluded, restricted or modified by agreement.

                      18.3 To the fullest extent permitted by law, the liability of TB for a breach of a non-excludable guarantee referred to in clause 2 is limited, at TB's option, to:

                      (a) in the case of goods supplied or offered by us, any one or more of the following:

                      (i) the replacement of the goods or the supply of equivalent goods;
                      (ii) the repair of the goods;
                      (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
                      (iv) the payment of the cost of having the goods repaired; or
                        (b) in the case of services supplied or offered by us:
                          (i) the supplying of the services again; or
                          (ii) the payment of the cost of having the services supplied again.

                           

                          18.4 The products and services sold in the Store may come with certain consumer guarantees. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. TB does not have to pay for damages or losses that (i) are not caused by TB’s failure to meet a consumer guarantee, or (ii) are not reasonably foreseeable.

                          18.5 TB will not be liable to you for any indirect, incidental, special or consequential loss or damage, loss of profits or anticipated profits, economic loss, loss of business opportunity, loss of data, loss of reputation or loss of revenue (irrespective of whether the loss or damage is caused by or relates to breach of contract, tort (including negligence), statute or otherwise) arising in connection with the Store, the Content, all links to or from the Website or the goods and services advertised or purchased from the Store other than losses that 1) resulted from TB’s failure to meet a consumer guarantee; and 2) are reasonably foreseeable.

                          18.6 Subject to this clause 16, to the maximum extent permitted by law, you agree that the the maximum aggregate liability of TB for all proven losses, damages and claims arising out of or in connection with these Terms or a supply under these Terms, including liability for breach, in negligence or in tort or for any other common law or statutory action, is limited to the sum of A$50.

                          19) Termination of your access to the Website

                          TB may at any time immediately terminate your access (including restricting access) to the Website or any feature of the Website for any reason (including due to your breach or alleged breach of these Terms) in its sole discretion and without prior notice. Any indemnities given by you and any limitations of our liability survive such termination.

                          20) Jurisdiction and law

                            These Terms are governed by and must be construed in accordance with the laws of the State of Victoria, Australia. You submit to the exclusive jurisdiction of the courts of that State and the Commonwealth of Australia in respect of all matters arising out of or relating to these Terms, their performance and subject matter.

                            21) Severability

                              Each provision of these Terms is severable from the others and no severance of a provision will affect any other provision.

                              22) Contacting us

                                If you have questions about the Website or these Terms, please contact us at info@teabythebay.com.au.