- We have the right to refuse to accept any orders placed. Your order for products shall only be binding on us when you receive confirmation that a product has shipped. If we refuse your order, your money will be returned in full.
- You are responsible for the accuracy of all information you provide that is necessary for us to process your order and/or ship your order to the correct location. If an order has not been shipped, or shipped to an incorrect location due to such inaccuracy, you alone are responsible.
- The availability of this website may be outside our control and in the hands of third party providers. We cannot guarantee the level of availability of this site for your orders or other Use. We reserve the right to discontinue the website at any time. If you have any problems or concerns regarding Fresh Steeped products, you can reach us via the customer service contact information supplied on this website.
- Dates for delivery are estimates only and are not guaranteed. They are also subject to any matter beyond our reasonable control, including Acts of God, strike by common carrier, weather delays and/or any other events beyond our control.
- In the event of theft and/or other delivery problems, it is your responsibility to first reach out to the carrier using the tracking number provided. Fresh Steeped will attempt to assist as much as possible but is not responsible for theft, delays in delivery and/or incorrect addresses.
- We are not responsible for safe delivery of goods because we do not ship the products directly. If the products are not delivered, arrive late, or are damaged in transit, you must take this up with the carrier. We will provide you with their contact details upon request.
- Any products purchased are for personal use only. The products cannot be resold and cannot be given directly to any third party.
- Payment is due at the time you place your order. We do not accept your order until we receive notice from our credit card merchant that your payment has been authorized and/or we have received payment in full in cleared funds. If for any reason payment in full is not made, we may withhold or suspend delivery of the product.
- We shall not be liable to you for direct, indirect, incidental, special, punitive and consequential damages arising from the use of, or the inability to use, this site or from any information, content or materials included on or otherwise made available to you through this site, or any of our products or services, even if the company has been advised of the possibility of such damages, whether the action is founded upon contract, infringement of intellectual property rights, tort, negligence, or other grounds. This limitation does not, however, extend to direct or consequential damages for personal injury. you agree not to file any lawsuit or proceeding inconsistent with the foregoing liability limitations.
- Fresh Steeped makes no warranties for the products sold on this website. Fresh Steeped makes no representation about the suitability of the products on this site for any purpose. All such products are provided "as is" without warranty of any kind, express or implied. The representations, views, opinions, statements, and recommendations on this site are based on representations and conclusions by third parties including third-party scientific and medical researchers, customers providing testimonials, expert endorsers, information from suppliers, participants on internet forums, and authors who publish literature about the products' ingredients and their efficacy.
- Fresh Steeped does not itself represent or endorse the accuracy, currency, or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the site, and expressly disclaims liability for all such representations. You acknowledge that any reliance on any such opinion, advice, statement, or information will be at your sole risk. The materials on this site are transmitted and distributed "as is" and appear on the site without express or implied warranties of any kind.
- Fresh Steeped shall not be liable for any damage to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this website, or your downloading of any information or materials from this website.
- We disclaim all liability for product defect or failure, claims that are due to normal wear, product misuse, abuse, product modification, improper product selection, non-compliance with any codes, or misappropriation.
- Fresh Steeped urges you to seek the advice of a physician or other competent medical practitioner before using the products offered on or through this website, since you may be taking a medication or other dietary supplements, or may have a medical condition that makes this product inappropriate for your use. Fresh Steeped disclaims all liability for any injury or illness that you sustain as the result of not soliciting such advice, as a result of having received incomplete or inaccurate advice, or as a result of having any adverse physical reaction whether or not you first consulted with a medical practitioner.
- Fresh Steeped disclaims all liability for representations and warranties made on other websites about the products and services on offer at this website.
- You hereby agree to indemnify and hold harmless Fresh Steeped and its officers, directors, employees, successors, attorneys, agents, distributors, and affiliates for any and all claims, damages, losses, and causes of action (including attorneys' fees and costs) arising out of or relating to your breach or alleged breach of any of these terms and/or of the terms of our arbitration policy. We will control selection of counsel for any indemnified matter.
- These disclaimers and exclusions apply to all content, merchandise, products, and services available on or through this site. The foregoing limitations of liability do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.
- By virtue of copyright, trademark, international treaties, and other laws, the entire contents of this website are owned by Fresh Steeped. You may not forward or copy any portion of this for any purpose other than your own personal reference.
- Certain trademarks, trade names, service marks, graphics, photographs, and logos used or displayed on this website are registered and unregistered trademarks, trade names, service marks, graphics, photographs, or logos belonging solely to Fresh Steeped or its affiliates or licensors. In addition, the arrangement and design of these elements on our website, and the underlying source code, are the sole property of Fresh Steeped. You are forbidden from copying or using these in any manner without the written permission of Fresh Steeped or other owners.
DATA PRIVACY AND SECURITY
- We may use a third party credit card merchant to take your payment. This third party will check and process your payment details. There are strict obligations that govern credit card merchants' handling of personal data. However, we cannot be held responsible for actions by this third party. We accept no liability for loss and/or damage that you may suffer as a result of this third party's acts and/or omissions. We advise you to print and retain a copy of each card transaction for future reference.
- There is an inherent risk that any communication, whether by e-mail, fax, telephone, or post, can be intercepted by third-parties. We do not accept any liability for external compromise of security and/or confidentiality in relation to transmissions sent by any of these media.
- You shall not use this website and any service made available to you via this website to attempt to gain access to and/or interfere with the functioning, operation or security of any network and/or system or in order to monitor a third party's use of the internet.
REFUND/SATISFACTION GUARANTEE POLICY
- We are confident that you will be satisfied with the products you have ordered. As a result, except as set forth herein, we offer you a replacement for the products if you are dissatisfied, although we may charge shipping and handling charges for replacements.
In order to qualify for a replacement, you must provide us all the information we ask for, and comply with all other terms specified on this website for such purpose. Please visit our FAQ page for more information.
- Fresh Steeped is not responsible for the content of any websites that link to this one, including such websites that review and/or promote Fresh Steeped products and services. A link to this site from another website does not imply that Fresh Steeped endorses the contents of such websites or accepts the endorsements contained on such websites, or accepts any responsibility for the content or use of such other websites. This site may contain links to websites owned or operated by parties other than Fresh Steeped. Such links are provided for your reference only. Fresh Steeped does not control outside sites and is not responsible for their content nor their conformity to applicable laws. Fresh Steeped’s inclusion of any links to an outside website does not imply any endorsement of the material on that site or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does Fresh Steeped’s inclusion of the links imply that Fresh Steeped is authorized to use any trade name, trademark, logo, legal or official seal or copyrighted symbol that may be reflected in the linked site.
- IF YOU HAVE A DISPUTE WITH ANY PARTY WHO PROVIDES THIRD-PARTY SERVICES IN CONNECTION WITH, ON, OR THROUGH THE WEBSITE, OR WITH ANY PARTY WHO PROVIDES A WEBSITE LINKED TO ON THE WEBSITE, YOU RELEASE US FROM CLAIMS, DEMANDS AND DAMAGES (INCIDENTAL, INDIRECT, PUNITIVE, STATUTORY, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE. YOU ALSO WAIVE CALIFORNIA CIVIL CODE S1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." YOU ALSO WAIVE ANY AND ALL BENEFITS AND RIGHTS THAT WOULD OTHERWISE ACCRUE TO YOU BY REASON OF THE PROVISIONS OF ANY FEDERAL OR STATE STATUTE OR PRINCIPLE OF COMMON LAW OF ANY STATE OF THE UNITED STATES, OR ANY POLITICAL ENTITY OR NATION, PROVINCE OR LOCAL LAW OR REGULATION THAT MAY GOVERN THIS RELEASE, WHICH STATUTE, REGULATION, LAW OR PRINCIPLE PROVIDES IN SUBSTANCE SOMETHING SIMILAR TO CALIFORNIA CIVIL CODE S 1542. YOU AGREE NOT TO FILE ANY LAWSUIT OR PROCEEDING INCONSISTENT WITH THE FOREGOING RELEASE.
- No waiver by us of any breach of these Terms shall be considered as a waiver of any subsequent breach of the same provision or other provision. All waivers must be in writing and signed by the party against whom they are asserted.
If any provision of the Terms is held by a legal authority pertinent jurisdiction to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Terms and the remainder of the affected provision shall be unaffected and shall remain in full force and effect and the arbitrator or court shall attempt to enforce the intent of the parties hereto to the full extent allowed by law.
- We shall have no Liability to you for any delay in performance to the extent that such delay is due to any event outside our reasonable control including but not limited to acts of God, war, flood, fire, labor disputes, sub-contractor delays, strikes, lock outs, riots, civil commotion, malicious damage, explosion, governmental action and any other similar events. If we are affected by any such event, then time for performance shall be extended for a period equal to the period that such event or events delayed such performance.
- All third party beneficiaries are excluded and no third party shall have any right to enforce these Terms.
- For this particular Use, this agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Fresh Steeped with respect to this website and the products and services offered and delivered. No modification of this agreement shall be effective unless it is in writing and agreed to by the parties.
- The rules of arbitration, as set forth at our ARBITRATION POLICY below shall exclusively govern the enforcement of the Terms between you and us.
- These Terms and the rights, benefits and obligations contained herein are fully assignable by us and will be binding upon and inure to the benefit of our successors and assigns.
- No party, nor any of the parties' respective attorneys, shall be deemed the drafter of this agreement for purposes of interpreting any provision hereof in any judicial or another proceeding that may arise between the parties
- If you are unhappy with any aspects of the services and/or products that we have provided to you or have any questions and/or comments regarding the service, please email us at cs @ freshsteepedtea.com
NOTICE FOR CALIFORNIA USERS
- Under California Civil Code Section 1789.3, users of the Site from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
- We agree—both you (and your family members and beneficiaries) and Fresh Steeped (meaning the corporation together with its directors, officers, employees, affiliates, agents, successors or assigns)— that (1) any mutual claim, dispute or controversy, or (2) any claim by either of us against the other on any matter, or (3) any claim arising from or related to this agreement, or (4) any claim arising from the relationships that result from this agreement, no matter against whom made, or (5) any dispute over the applicability of this Arbitration Agreement, or (6) any dispute about the validity of part of or the entire Arbitration Agreement (and hereinafter any or all types of claims, disputes, or controversies shall be referred to as a “Dispute” or “Disputes”), SHALL BE RESOLVED EXCLUSIVELY BY NEUTRAL, BINDING ARBITRATION BY THE NATIONAL ARBITRATION FORUM in the United States, under its Code of Procedure in effect at the time that the cause(s) of the Dispute arose or at the time that the Dispute is arbitrated (whichever is determined, in the sole discretion of the arbitrator, to be appropriate), except as specified otherwise in this Mutual Arbitration Agreement.
- Arbitration hearings will take place in a location as convenient for you as possible subject to the approval of the National Arbitration Forum. To get more information on how to file a claim and obtain relevant forms, please contact the National Arbitration Forum at http://www.adrforum.com/, write to them at P.O. Box 50191, Minneapolis, Minnesota 55405, call them toll-free at 1-800-474-2371, or fax them at 1-952-345- 1160. The identity of the arbitrator shall be determined solely by the National Arbitration Forum, so as to eliminate any undue influence that you or Fresh Steeped can apply to the detriment of the other regarding the choice of arbitrator at the National Arbitration Forum.
- In the event that, for any reason, the National Arbitration Forum is unable or unwilling to arbitrate the Dispute in binding fashion, you and Fresh Steeped agree that the American Arbitration Association shall arbitrate the Dispute in binding fashion. To contact the American Arbitration Association (at www.adr.org), write to them at The Paramount Building, 1633 Broadway, Tenth Floor, New York, NY 10019, call them at 1-212-484-3266, or fax them at 1-212-307-4387. The identity of the arbitrator shall be determined solely by the American Arbitration Association, so as to eliminate any undue influence that you or Fresh Steeped can apply to the detriment of the other regarding the choice of arbitrator at the American Arbitration Association.
This Mutual Arbitration Agreement is effective pursuant to a transaction involving interstate commerce, and shall be governed by and interpreted under the Federal Arbitration Act. The Act is codified as law at Title 9 of the U.S. Code, sections 1-16. You may review the provisions of the Act at the website of the Office of Law Revision Counsel of the United States House of Representatives.
- We both agree that the arbitration shall be conducted before one neutral arbitrator, who shall be selected by the National Arbitration Forum (or by a default arbitration body as set forth above). Any award of the arbitrator may be entered as a judgment in a United States court having jurisdiction as determined in the sole discretion of the arbitrator. In the event that a court having jurisdiction finds any portion of this Mutual Arbitration Agreement unenforceable, that portion shall not be effective, and the remainder of the Mutual Arbitration Agreement shall remain effective.
BOTH PARTIES TO THIS Mutual Arbitration Agreement—YOU AND Fresh Steeped —UNDERSTAND THAT YOU AND WE WOULD HAVE HAD THE RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE OUR CASE, BUT YOU AND WE CHOOSE TO HAVE ANY DISPUTES DECIDED THROUGH ARBITRATION.
We agree that THE ARBITRATION SHALL BE LIMITED SOLELY TO THE DISPUTE BETWEEN YOU AND Fresh Steeped, meaning that the arbitration, or any portion of it, will not be consolidated with any other arbitration, and will not be conducted on a class-wide or class action basis. In other words, WE ARE BOTH WAIVING THE RIGHT TO JOIN OR CONSOLIDATE CLAIMS WITH OTHER PERSONS OR CORPORATIONS WHO MAY HAVE THE SAME OR SIMILAR CLAIMS AGAINST YOU OR AGAINST US. Further, WE BOTH WAIVE THE RIGHT TO ARBITRATE ANY CLAIM AS A REPRESENTATIVE OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY, AND WE BOTH WAIVE THE RIGHT TO PARTICIPATE IN ANY MANNER IN A CLASS ACTION EITHER IN A COURT OF LAW OR IN ARBITRATION AGAINST EACH OTHER. THE TERMS OF THIS ARBITRATION AGREEMENT MAY CHANGE WITHOUT NOTICE FROM TIME TO TIME. THE TERMS THAT SHALL BE APPLICABLE TO DISPUTES BETWEEN YOU AND Fresh Steeped SHALL BE THOSE TERMS THAT ARE SET FORTH HERE AT THE TIME THAT THE TRANSACTION OR OCCURRENCE THAT GAVE RISE TO THE DISPUTE OCCURRED.
- In the event that, for whatever reason, any portion of a dispute between you and Fresh Steeped is to be determined by a state court, we both agree that any questions arising from or relating to this Mutual Arbitration Agreement, its interpretation, its breach, its termination, its validity, and the relationships that result from this Mutual Arbitration Agreement, or any questions arising from or relating to the marketing, advertising, sales, or any related purchase of products from Fresh Steeped, SHALL, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BE GOVERNED BY THE LAWS OF THE STATE OF GEORGIA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES
- If you reside outside of the United States, any claims we may have against each other shall be brought before an arbitrator of the National Arbitration Association in New York City, and all the other terms and conditions of this Mutual Arbitration Agreement shall apply to you as if you were a resident of New York City. In the event that, for any reason, the National Arbitration Forum is unable or unwilling to arbitrate the Dispute in binding fashion, then the default mechanism as set forth above for determining the arbitration body to resolve the Dispute in binding fashion shall apply.
Each party shall pay for its own costs and attorneys' fees, if any. However, if a party prevails on a statutory claim that affords the prevailing party attorneys' fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.
- Fresh Steeped recognizes that the size of a claim against it may be relatively minor compared to the expense in bringing and maintaining an arbitration action, and Fresh Steeped recognizes that, by this Mutual Arbitration Agreement, we have both waived our rights to proceed against each other on a class action basis, whether in litigation or arbitration. Although this Mutual Arbitration Agreement is reciprocal in every respect, we understand that unequal bargaining power may exist between you and Fresh Steeped in making this agreement. Therefore, in light of our mutual waiver of the opportunity and right to litigate disputes through a court and to have a judge or jury decide the case, and in light of our mutual waiver of the opportunity and right to proceed against each other in class-wide litigation or class-wide arbitration, we remind you that you can always contact CustomerService@FreshSteeped.com. In addition, we would also be happy to try to settle our dispute via mediation before proceeding to binding arbitration.
- If you wish to try mediation before binding arbitration, then you and Fresh Steeped hereby agree that any and every Dispute shall be entertained by a mediator at the National Arbitration Forum (using the contact information provided above for the National Arbitration Forum) strictly between us within 30 days of your asking us for mediation of the dispute. Any such mediation shall be held in the location designated by the National Arbitration Forum and shall be conducted according to the mediation rules of the National Arbitration Forum in effect at the time that the cause(s) of the Dispute arose or at the time that the Dispute is mediated (whichever is determined, in the sole discretion of the mediator, to be appropriate). You can review the mediation procedures on the website of the Forum at http://www.adrforum.com/, or by asking the Forum for a copy using the Forum's contact information provided above. In the event that, for any reason, the National Arbitration Forum is unable or unwilling to mediate the Dispute, then the default mechanism as set forth above for determining the arbitration body to resolve the Dispute in binding fashion shall apply, mutatis mutandis, for determining the mediation body, i.e., shall apply giving due consideration to the difference in application between mediation and arbitration. You and Fresh Steeped hereby further agree that both of us shall endeavor to resolve our mediated dispute in good faith. If 120 days after the commencement of mediation, we are not successful in resolving the Dispute(s), then you and Fresh Steeped hereby agree that the matter shall be resolved solely by binding arbitration strictly between you and Fresh Steeped according to the terms, conditions, and procedures for this outlined above. No waiver of any breach of this Mutual Arbitration Agreement shall be considered as a waiver of any subsequent breach of the same provision or other provision. If any provision of this Mutual Arbitration Agreement is held by any competent legal, arbitral, or regulatory authority with jurisdiction to be invalid or unenforceable in whole or in part, the validity of the other provisions and the remainder of the affected provision shall be unaffected and shall remain in full force and effect. We shall have no liability to you for any delay in performance to the extent that such delay is due to any event outside our reasonable control including but not limited to acts of God, war, flood, fire, labor disputes, sub-contractor delays, strikes, lockouts, riots, civil commotion, malicious damage, explosion, governmental action, and any other similar events. If we are affected by any such event, then time for performance shall be extended for a period equal to the period that such event or events delayed such performance. All third-party rights are excluded and no third party shall have any right to enforce this Mutual Arbitration Agreement. For Disputes that arise from this particular purchase or website browsing/usage, this current Mutual Arbitration Agreement supersedes all prior or contemporaneous communications or proposals, whether electronic, oral or written, between you and Fresh Steeped, whether with respect to this website or any other matter. For Disputes that arise from previous purchases or website browsing/usage, the Mutual Arbitration Agreement terms at the time of the previous purchase or website browsing/usage remain in effect.