Terms and Conditions

OVERVIEW

Welcome to The Queen Camellia Tea House! The terms “we”, “us” and “our” refer to The Queen Camellia Tea House GmbH. The Queen Camellia Tea House GmbH operates this shop and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a personalised shopping experience (the “Services”). The Queen Camellia Tea House GmbH is powered by Shopify, which enables us to provide the Services to you.

The following terms and conditions, together with the policies referred to herein, constitute these “Terms and Conditions” or “Terms” and describe your rights and obligations when using the Services.

Please read these Terms and Conditions carefully, as they contain important information regarding your legal rights and address matters such as disclaimers of warranties and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms and Conditions and our Privacy Policy. If you do not agree to these Terms and Conditions or our Privacy Policy, you may not use or access our Services.

SECTION 1 – ACCESS AND ACCOUNT

By agreeing to these Terms and Conditions, you confirm that you are of legal age in the state or region in which you reside and that you have given us permission to allow your minor dependants to use the Services on devices that you own, have purchased or manage.

To use the Services, including accessing or browsing our online shops or purchasing products or services we offer, you may be asked to provide certain information, such as your email address and billing, payment and delivery information. You represent and warrant that all information you provide in our shops is accurate, current and complete and that you are fully authorised to provide such information.

You are solely responsible for maintaining the security of your account credentials and for all activity conducted through your account. You may not transfer, sell, assign or license your account to another person.

SECTION 2 – OUR PRODUCTS

We have made every effort to display our products and Services in our online shops as accurately as possible. However, please note that colours or the appearance of products may differ from the colours displayed on your screen due to the device you use to access the shop and its settings and configuration.

Images depicting the tea sold are not always up to date and should be understood as images for reference.

We do not warrant that the appearance or quality of the products or Services you purchase will meet your expectations or correspond to the representations displayed in our online shops.

All product descriptions may be changed at any time and without prior notice at our sole discretion. We reserve the right to discontinue products at any time and to limit the quantities of products we offer to any person, geographic region or jurisdiction on a case-by-case basis.

SECTION 3 – ORDERS

By placing an order, you make an offer to purchase. The Queen Camellia Tea House GmbH reserves the right to accept or reject your order at its sole discretion for any reason. Your order is only considered accepted once it has been confirmed by The Queen Camellia Tea House GmbH. Acceptance of your order is subject to receipt and processing of your payment.

Please review your order carefully before submitting it, as The Queen Camellia Tea House GmbH may no longer be able to accommodate cancellation requests once an order has been accepted.

If we do not accept, modify or cancel an order, we will attempt to notify you using the email address, billing address and/or telephone number provided when placing the order.

Returns or exchanges of your purchases are subject exclusively to our right of withdrawal policy.

You represent and warrant that your purchases are intended for personal use or household use and not for commercial resale or export.

SECTION 4 – PRICES AND BILLING

Prices, discounts and special offers may be changed without prior notice. The price charged for a product or Service is the price applicable at the time the order is placed and will be stated in the order confirmation you receive by email.

Unless expressly stated otherwise, prices shown do not include taxes, shipping, handling, customs or import charges.

Prices displayed in our online shops may differ from prices in physical stores or in online shops or other shops operated by third parties. From time to time, we may offer promotions for the Services that affect pricing and are subject to terms and conditions that differ from these Terms. In the event of any conflict between the terms of a promotion and these Terms and Conditions, the terms of the promotion shall prevail.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made in our shops. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you when necessary.

You represent and warrant that: (i) the credit card information you provide is truthful, accurate and complete; (ii) you are authorised to use the credit card for the purchase; (iii) the charges incurred by you will be honoured by your credit card company; and (iv) you will pay the charges incurred by you at the stated prices, including shipping and handling charges and all applicable taxes.

Telephone Orders

For telephone orders, the free shipping offer for orders over CHF 100.00 does not apply. Due to the additional work involved in manually preparing invoices, we reserve the right not to offer this promotion.

SECTION 5 – SHIPPING AND DELIVERY

We are not liable for shipping or delivery delays. All delivery times are estimates only and are not guaranteed.

We are not responsible for delays caused by shipping providers, customs clearance or events beyond our control.

Once we have handed the products over to the shipping provider, ownership and the risk of loss pass to you.

SECTION 6 – INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, service marks, texts, representations, images, graphics, product reviews, video and audio files, and their design, selection and arrangement, are the property of The Queen Camellia Tea House GmbH, its affiliates or licensors and are protected by Swiss, U.S. and foreign patent, copyright and other intellectual property laws.

These Terms and Conditions permit you to use the Services solely for personal, non-commercial purposes. Without our prior written consent, you may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit any material contained in the Services.

Except as expressly provided herein, nothing in these Terms and Conditions grants you any licence or other rights to any patents, trademarks, copyrights or other intellectual property of The Queen Camellia Tea House GmbH, Shopify or third parties, nor may any such rights be inferred from these provisions.

Unauthorised use of the Services may constitute a violation of applicable intellectual property laws. All rights not expressly granted herein are reserved by The Queen Camellia Tea House GmbH.

The names, logos, product and service names, designs and slogans of The Queen Camellia Tea House GmbH are trademarks of The Queen Camellia Tea House GmbH or its affiliates or licensors. You may not use these trademarks without the prior written permission of The Queen Camellia Tea House GmbH.

The name, logo, product and service names, designs and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs and slogans appearing in the Services are trademarks of their respective owners.

SECTION 7 – OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services which we neither monitor nor control nor influence.

You acknowledge and agree that we provide access to such tools “as is” and “as available”, without any warranties, representations or conditions of any kind and without any endorsement.

We disclaim all liability arising from or relating to your use of optional third-party tools.

Your use of optional tools offered through the website is entirely at your own risk and discretion. You are responsible for familiarising yourself with and accepting the terms and conditions under which such tools are provided by the relevant third parties.

We may also introduce new features through the Services in the future, including the release of new tools and resources. Such new features shall also be considered part of the Services and shall be subject to these Terms and Conditions.

SECTION 8 – THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties, including embedded third-party functions.

We are not responsible for reviewing or evaluating the content or accuracy of materials or third-party websites that you access at your own discretion.

If you choose to leave the Services to access such materials or third-party websites, you do so at your own risk.

We are not liable for any damages or losses arising from your access to third-party websites or from the purchase or use of products, Services, resources or content on third-party websites.

You should carefully review the policies and procedures of the third party and ensure that you understand them before entering into any transaction.

Complaints, claims, concerns or questions regarding products and Services provided by third parties should be directed to the relevant third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

The Queen Camellia Tea House GmbH is powered by Shopify, which enables us to provide the Services to you.

However, all sales and purchases made through our shop are concluded directly with The Queen Camellia Tea House GmbH.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of transactions between you and The Queen Camellia Tea House GmbH, including injuries, damages or losses arising from products or Services purchased.

You expressly release Shopify and its affiliates from all liability for any claims, damages and liabilities arising from or relating to your purchases and transactions with The Queen Camellia Tea House GmbH.

SECTION 10 – PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy. In addition, certain personal information may be subject to Shopify’s Privacy Policy.

By using the Services, you confirm that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you.

Data you submit to the Services may be shared with Shopify and third-party providers who may be located in countries other than the country in which you reside, in order to provide the Services to you.

Our Privacy Policy contains further information about how we, Shopify and our partners use your personal information.

SECTION 11 – FEEDBACK

If you submit, upload, post, email or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including commercial purposes.

For example, we may exercise our rights under this licence to operate, provide, evaluate, expand, improve and promote the Services, fulfil our obligations and exercise our rights under these Terms and Conditions.

You further represent and warrant that: (i) you own all Feedback content or have all rights necessary to grant us the rights described above; (ii) you have disclosed any compensation or incentives received in connection with submitting your Feedback; and (iii) your Feedback complies with these Terms and Conditions.

We are under no obligation to: (1) maintain your Feedback in confidence; (2) pay compensation for your Feedback; or (3) respond to your Feedback.

We reserve the right, but are not obligated, to monitor, edit or remove Feedback that we determine, in our sole discretion, to be unlawful, offensive, threatening, defamatory, libellous, pornographic, obscene or otherwise objectionable, or that violates any party’s intellectual property rights or these Terms and Conditions.

You represent that your Feedback does not violate any third-party rights, including copyrights, trademark rights, privacy rights, personality rights or other personal or proprietary rights.

You further represent that your Feedback does not contain defamatory or otherwise unlawful, abusive or obscene statements and is free of computer viruses or other malware that could affect the operation of the Services or any related website in any way.

You may not use a false email address, impersonate another person or otherwise mislead us or third parties as to the origin of Feedback.

You are solely responsible for your Feedback and its accuracy. We assume no responsibility or liability for Feedback posted by you or any third party.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information on or within the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.

If inaccurate information is identified, we reserve the right to correct errors, inaccuracies or omissions, change or update information, or cancel orders at any time and without prior notice, including after you have submitted an order.

SECTION 13 – PROHIBITED USES

You may access and use the Services only for lawful purposes.

You may not directly or indirectly access or use the Services:

(a) for unlawful or malicious purposes;

(b) to violate international, federal, provincial, state or local rules, regulations, laws or ordinances;

(c) to infringe or violate our intellectual property rights or the intellectual property rights of others;

(d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate against any of our employees or any other person;

(e) to submit false or misleading information;

(f) to send, knowingly receive, upload, download, use or reuse material that does not comply with these Terms and Conditions;

(g) to transmit or facilitate the transmission of promotional or sales material, including “junk mail”, “chain letters”, “spam” or other similar solicitations;

(h) to impersonate or attempt to impersonate another person or legal entity; or

(i) to engage in any other conduct that restricts or inhibits the use of the Services or that, in our discretion, may harm The Queen Camellia Tea House GmbH, Shopify or users of the Services or expose them to liability.

You further agree not to:

(a) upload or transmit viruses or other types of malicious code that may affect the functionality or operation of the Services in any way;

(b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services;

(c) collect or track the personal information of others;

(d) engage in spam, phishing, pharming, pretexting, spidering, crawling or scraping activities; or

(e) interfere with or circumvent the security features of the Services or any related website, other websites or the Internet.

We reserve the right to suspend, disable or terminate your account at any time and without prior notice if we determine that you have violated any part of these Terms and Conditions.

SECTION 14 – TERMINATION

We may terminate this agreement or your access to the Services, or any part thereof, at our sole discretion at any time and without prior notice.

You remain liable for all amounts due up to the date of termination.

The following sections shall survive termination of this agreement: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy and all other provisions that by their nature should survive termination.

SECTION 15 – DISCLAIMER OF WARRANTIES

The information presented in or through the Services is provided for general informational purposes only.

We make no warranty as to the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk.