CONDITIONS OF SALE

Section 1. Order

  1. Each order placed with Wistaria Tea Co., Ltd by means of the eCommerce website (“the Website”) shall be governed by the present General Conditions of Sale. They shall apply to the exclusion of all other terms and conditions. By placing an order, you acknowledge that you have read, understood and accepted, without reserve, the present General Conditions of Sale.
  2. By using the Website, you also accept and agree to be bound by our Terms of Use and Privacy Policy. Wistaria Tea invites you to read them carefully before using the services provided on the Website.
  3. Wistaria Tea reserves the right, at any time, to modify the present General Conditions of Sale by posting a new dated version on the Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.

Section 2. Registration

  1. When you register on the Website, you must ensure that the mandatory registration information you provide is current, accurate and complete.
  2. Please inform Wistaria Tea about changes of address or other modifications by updating your personal details on the Website without delay, so that Wistaria Tea can complete your transactions and contact you as needed.

Section 3. Password

  1. When registering to use the Website, you will be asked to create a password. You must keep this password strictly confidential and not disclose it or share it with anyone.
  2. You are fully responsible for the use of your password and any orders placed under it, even if the order is placed without your knowledge.
  3. If you know or suspect that someone else knows or has used your password, you should change/ reset the password or notify Wistaria Tea to cancel your account immediately.

Section 4. Orders

  1. By placing an order through the Website, you have made an offer to purchase the products you have selected under these General Conditions of Sale.
  2. All products offered on the Website may have limited quantities and are subject to return or exchange only according to our Return Policy. Certain products may be available exclusively online through the Website. All orders are subject to acceptance and availability, and items in your shopping bag are not reserved and may be purchased by other customers until the order confirmation is issued by Wistaria Tea.

Section 5. Order Confirmations

  1. The order you place on the Website will not constitute a binding contract unless and until Wistaria Tea transmits a confirmation by e-mail.
  2. Wistaria Tea reserves the discretionary right to refuse any order you place on the Website, notably in relation to creditworthiness or unpaid invoices. Wistaria Tea may, in its sole discretion, limit or cancel quantities purchased per person, per account or per order. In the event that Wistaria Tea make a change to or cancel an order, it may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
  3. Wistaria Tea reserves the right to limit or prohibit orders that, in its sole judgment, appear to be placed by dealers, resellers or distributors.
  4. The data registered by Wistaria Tea constitutes full proof of the order and the entire transaction. The data registered by the payment system constitutes full proof of the financial transactions.

Section 6. Prices

  1. Prices shown on the Website are in New Taiwanese Dollars (NTD).
  2. If you are a customer whose credit card is not denominated in New Taiwanese Dollars (NTD), the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.
  3. The prices payable for the items you order are those displayed on the Website on the date you place your order, inclusive of GST (Goods & Services Tax), but excluding delivery charges.
  4. Delivery charges will be billed at the rates indicated on the Website on the date you place your order, calculated notably in accordance with the size of the order and the delivery method you select.
  5. Wistaria Tea reserves the right to modify its prices and delivery charges at any time and to cancel an order in case of writing, printing or calculation errors.

Section 7. Customs Duties

  1. Shipments to all countries except Taiwan will be made on a duties unpaid (DDU) basis, which means as importer you are solely responsible for payment of any applicable duties and taxes upon receipt of your order. These charges are separate from your shipping fee, and you will be billed directly from the carrier. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Wistaria Tea will not be liable for packages held or confiscated by customs.

Section 8. Delivery

  1. All orders confirmed by Wistaria Tea will be delivered to the delivery address you specify when placing your order on the Website.
  2. Wistaria Tea does its utmost to ensure orders are dispatched within 5 working days after receipt of an order but does not guarantee it if there are circumstances beyond their control.
  3. Wistaria Tea orders are dispatched using EMS or other recognized local courier services for orders within Taiwan and China including Hong Kong and Macaw, and EMS service for deliveries to other countries. All international orders are dispatched via Express delivery.
  4. Wistaria Tea insures each purchase during the time it is in transit until it is delivered to your specified delivery address.
  5. Wistaria Tea requires a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not yourself for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) as evidence of delivery and fulfilment of the order by Wistaria Tea, and transfer of responsibility in the same way.

Section 9. Verification of Merchandise

  1. It is the policy of Wistaria Tea to ensure that all goods are supplied to its customers in perfect condition and that every possible precaution is taken to protect the integrity of the product that is sold. However, it is your responsibility to verify the quantity and condition of the merchandise upon delivery.
  2. In case you observe damaged or missing items, you must notify and file a claim with the carrier and inform Wistaria Tea within 7 days after the delivery. Wistaria Tea shall in such case provide you with identical replacement merchandise. Please see clause 10 (Returns) below for details.
  3. Wistaria Tea has made every effort to display as accurately as possible the colors of our products that appear on the Website. However, as computer and mobile phone screens vary, we cannot guarantee that your screen's display of any color will be completely identical to our products.

Section 10. Returns

  1. Wistaria Tea does not accept any exchange/ refund claims unless following conditions:
    1. Items Damaged in Transit
      If the products you purchased have been damaged in transit, Wistaria Tea will exchange the damaged items without charge to you. Please contact us within 7 days after the delivery and return the damaged item(s) to Wistaria Tea warehouse within 30 days.
    2. Defective Items
      You have the right to return a faulty item along with proof of purchase. Please contact us within 7 days after the delivery and return the faulty items to Wistaria Tea warehouse within 28 days.
    3. Incorrect Items
      If you receive an incorrect item, please contact us within 7 days after the delivery and return the incorrect item to Wistaria Tea warehouse and specify the correct details in writing. If you would like us to replace the incorrect item with the item you ordered Wistaria Tea will send you the correct item as soon as possible or alternatively Wistaria Tea will refund the item once it has been returned. Wistaria Tea will not charge you for the incorrect item and we must have the incorrect item returned before investigating.
  2. Wistaria Tea will only accept returns of goods in their original condition and packaging and accompanied by the invoice.
  3. Wistaria Tea prefers that returned items are protected and insured during transit. However, you may return the goods by any secure means. Please attention all returns to Wistaria Tea warehouse, 7F.-7, No.880, Zhongzheng Rd., Zhonghe Dist., New Taipei City 235, Taiwan 23586. Wistaria Tea requests that you contact us at wistariateahouse@gmail.com in relation to such returns.

Section 11. Payment

  1. Payment shall be made in full via the Wistaria Tea online payment gateway in order for the order to be confirmed.
  2. Payment by credit card is immediately due and payable. Your credit card details will be encrypted for security purposes.
  3. Payment can be made by JCB, Visa and MasterCard cards, and any other methods which are available via the online payment gateway of the Website. Payment will be debited and cleared from your account upon payment. You confirm that the credit card that is being used is yours or that you have been specifically authorized by the owner of the credit card to use it. All credit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to Wistaria Tea, we will not be liable for any delay or non-delivery of your order.
  4. Furthermore, Wistaria Tea takes reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part Wistaria Tea cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Website.
  5. Wistaria Tea may also refuse to process and accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. Wistaria Tea will not be liable to you or any third party by reason of our withdrawing any merchandise from the Website whether or not that merchandise has been sold, or by removing, screening or editing any materials or content on the Website, or by refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

Section 12. Limitation of Liability

  1. The photographs and texts illustrating and describing the products on the Website are non-contractual and for information purposes alone. Wistaria Tea shall not be liable in case of errors or omissions in the photographs or texts displayed on the Website.
  2. Without limiting the scope of these General Conditions of Sale, no claim of any kind, whether as to products delivered or non-delivery of products, or otherwise, shall be greater in amount than the purchase price of the products in respect of which damages are claimed. In no event shall Wistaria Tea be liable for ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE (EVEN IF THE ADVENT OF SUCH DAMAGE WAS KNOWN OR COULD HAVE BEEN KNOWN BY WISTARIA TEA), CAPABLE OF ARISING IN CONNECTION WITH ITS PRODUCTS, THEIR USE, SALE OR THE WEBSITE.

Section 13. Force Majeure

  1. Wistaria Tea will make every reasonable effort to fulfil its obligations. However, Wistaria Tea cannot be held responsible for delays or failure to deliver caused by circumstances beyond its reasonable control. Such circumstances include strikes, wars, natural catastrophes or any others that make impracticable the production, transportation or delivery of products.
  2. In the event of delay, Wistaria Tea will perform its obligations as soon as reasonably possible, and it reserves the right to allocate any remaining product supply among customers in a fair and reasonable manner.

Section 14. Applicable Law and Forum

  1. The present General Conditions of Sale are governed by the law of the country of incorporation of the Wistaria Tea Co., Ltd that invoices you for the order.
  2. The exclusive forum is in the same country as that of the applicable law.

 

February 2020.

© Wistaria Tea Co., Ltd.