Last Updated: January 15, 2023
THESE TERMS INCLUDE A MANDATORY ARBITRATION AGREEMENT AND A CLASS ACTION WAIVER. DETAILS ARE SET FORTH BELOW.
PLEASE READ THE TERMS CAREFULLY BEFORE YOU START TO USE THE SITE. BY USING THE SITE, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS. IF YOU DO NOT WANT TO AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE SITE.
We reserve the right to modify or update these Terms at any time, so please be sure you have read and agree to our current Terms. Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page each time you access this Site so you are aware of any changes, as they are binding on you.
- SITE USE RESTRICTIONS.
You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Site:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms.
- To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
- To impersonate or attempt to impersonate Prime Tea, a Prime Tea employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm Prime Tea or users of the Site, or expose them to liability.
Additionally, you agree not to:
- Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Site, including their ability to engage in real time activities through the Site.
- Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
- Use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Site.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
- Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise, attempt to interfere with the proper working of the Site.
Prime Tea reserves the right, in its sole discretion, to terminate your participation in the Site, remove content, or assert legal action with respect to content or use of the Site, that Prime Tea reasonably believes is or might be in violation of these Terms. Prime Tea’s failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms.
- INTELLECTUAL PROPERTY.
This Site and its contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Prime Tea, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except to the extent your device temporarily stores copies of such materials in RAM incidental to your accessing and viewing those materials or as automatically cached by your Web browser for display enhancement purposes.
You must not:
- Access or use for any commercial purposes any part of the Site or any services or materials available through the Site.
- Modify copies of any materials from this Site.
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Terms, your right to use the Terms will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by Prime Tea. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
Prime Tea Trademarks.
The Prime Tea name, Prime Tea logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Prime Tea or its affiliates or licensors. You must not use such marks without the prior written permission of Prime Tea. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.
- YOUR ACCOUNT SECURITY.
Certain features or services offered on or through the Site may require you to open an account. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of you failing to keep this information secure and confidential. You agree to notify Prime Tea immediately of any unauthorized use of your account or password, or any other breach of security and understand you remain responsible, and may be held liable, for any activity on your account resulting from your failure to keep your account information secure and confidential.
- ACCURACY OF SITE INFORMATION.
We attempt to be as accurate as possible. However, unintentional pricing or typographical errors may occur, and we do not warrant the accuracy, completeness, or usefulness of this information. Prime Tea makes all reasonable efforts to accurately display the attributes of our products, including the applicable colors. However, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. All weights and size dimensions are approximate.
Prime Tea reserves the right to correct any errors and change or update information (including, without limitation, information related to availability, pricing, and descriptions) at any time without notice (including after you submitted your order and confirmation was received). In the event that an item is listed with incorrect pricing or other information, Prime Tea reserves the right, in its sole discretion and to the fullest extent permissible by applicable law, to refuse or cancel any purchased orders placed for that item. If your credit card has been charged for any order subsequently cancelled, Prime Tea will issue a credit to your credit card as your sole and exclusive remedy if permissible under applicable law.
- UPDATES TO SITE.
Prime Tea reserves the right to modify or discontinue the Site (or any portion thereof), temporarily or permanently, with or without notice to you, and is not obligated to support or update the Site. Prime Tea shall not be liable to you or any third party in the event that we exercise our right to change, suspend, or discontinue all or any aspect of the Site at any time without notice.
- PURCHASES MADE THROUGH THE SITE.
In order to place orders with us, you must be 18 years old or over to place an order.
You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by Prime Tea or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between Prime Tea and you will not take place unless and until you have received your order confirmation email.
Prices and availability posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. You agree that you are responsible for all charges incurred in connection with any purchase on our Site, including, without limitation, all taxes, shipping, handling and processing charges or other fees. Posted prices do not include taxes or charges for shipping and handling. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
Terms of payment are within our sole discretion, and payment must be received by us before our acceptance of an order. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
Promotions will generally have restrictions or requirements as noted on our FAQ page. All promotions are while supplies last. No substitutions or rain checks. Gift Certificates, applicable taxes, and items that are currently out of stock are generally not eligible unless specifically noted. Any “Buy x Get y” promotions will have the discount applied to the lowest priced item. Refunds from items purchased at discount will be made at the discounted amount or prorated if discount applied to entire order or multiple items. Offers may not be combinable with other discount codes or offers, including loyalty rewards points, at our discretion. Except where prohibited by law, Prime Tea reserves the right to modify, suspend or terminate any promotions, discounts, or coupon codes at any time and for any reason.
Shipping & Returns
All purchases through our site or other transactions for the sale of goods through the Site are governed by our Shipping & Returns Policy, which are hereby incorporated into these Terms. We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
- EQUAL EMPLOYMENT COMMITMENT.
The “Career” section of our Site allows you to apply for employment with Prime Tea. Prime Tea supports diversity and does not discriminate on the ground of race, color, religion, sex, age, disability or national origin in the hiring, retention, compensation, or promotion of employees. Prime Tea encourages all qualified applicants to apply.
- YOUR FEEDBACK & REVIEWS.
We welcome your comments regarding Prime Tea and the Site as well as your product reviews (collectively, “User Content”). If you choose to send us your feedback, ideas and materials, we will maintain these submissions in our sole discretion and consider such to be irrevocably transferred to Prime Tea. You understand and agree that by providing these submissions to us that you are irrevocably assigning any rights you may have in such to Prime Tea and that Prime Tea shall have the right, but not the obligation, to use these submissions perpetually, free of charge, and throughout the world without restriction.
By posting or submitting your User Content to our Site, you represent that such: (i) is not harmful, threatening, abusive, harassing, tortious, deceptive, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful or otherwise objectionable; (ii) does not violate any law, regulation or right of any third party, including without limitation, copyright, trademark, patent, privacy or publicity rights, confidentiality obligations, or any other proprietary rights; and (iii) does not contain malware, commercial solicitations, political campaigning, mass mailings or “spam” of any kind.
You acknowledge and agree that Prime Tea has the right (but not the obligation) to monitor, remove or refuse to post any User Content. Please be advised that Prime Tea does not endorse or take responsibility for the opinions, advice, information or statements made through User Content. To the fullest extent permissible by applicable law, Prime Tea shall not be liable, directly or indirectly, to anyone for any damage or losses of any nature arising from or out of User Content. You alone, and not Prime Tea, shall bear sole liability for any such damages or losses arising from User Content submitted by you.
You alone are responsible for ensuring you have the rights to post the User Content to the Site, including, but not limited to, any copyright rights to images or other content, and the right to publish the images of people, landscapes and/or other creative works within the User Content. When you post or submit User Content, you grant to Prime Tea a non-exclusive, fully paid-up, perpetual, worldwide, irrevocable, royalty-free, transferable and sub-licensable right and license to use, display, disclose, perform, reproduce, transmit, copy, modify, delete, adapt, publish, translate, creative derivative works from, sell and distribute such User Content and to incorporate the User Content into any form, product, marketing, medium or technology, now known or hereafter developed, throughout the world, all without compensation to you. To the extent you submit your name, username, nickname or other personal identifier along with your User Content, you grant to Prime Tea the right (but not the obligation) to use such identifier, or portion thereof, with such User Content. To the fullest extent permissible by applicable law, you agree to indemnify and hold Prime Tea harmless from all claims arising out of your breach of the Terms or in connection with your User Content.
If you are a copyright owner or an agent thereof and believe that any User Content in any area of our Site infringes upon or otherwise conflicts with your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Prime Tea at firstname.lastname@example.org with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):
- a signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
- identification of the copyrighted work(s) claimed to have been infringed on our Site;
- identification of the material, and its location on our Site, that is claimed to be infringing;
- your contact information, such as an address, telephone number and an electronic mail address;
- a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You hereby acknowledge and agree that if you fail to comply with all of the requirements listed above, your DMCA notice may not be valid.
- HOW WE MAY USE YOUR PERSONAL INFORMATION.
- VOID WHERE PROHIBITED.
The Site is controlled and offered by Prime Tea from its facilities in the United States. We make no representations that any of the Site is appropriate or available for use in other jurisdictions. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
- DISCLAIMER OF WARRANTIES.
You understand that we cannot and do not guarantee or warrant that the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.
YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER Prime Tea NOR ANY PERSON ASSOCIATED WITH Prime Tea MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER Prime Tea NOR ANYONE ASSOCIATED WITH Prime Tea REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, Prime Tea HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
- LIMITATION OF LIABILITY.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL Prime Tea, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
- GOVERNING LAW.
You agree that all matters relating to these Terms or your access to or use of the Site, including all disputes, will be governed in accordance with the laws of the United States and by the laws of the Commonwealth of Massachusetts without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Suffolk County, Massachusetts, and waive any objection to such jurisdiction or venue.
- DISPUTE RESOLUTION- MANDATORY AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS.
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT LITIGATE CLAIMS IN A COURT. IT CONTAINS PROCEDURES FOR FINAL BINDING ARBITRATION AND A WAIVER OF ANY AND ALL RIGHTS TO PROCEED IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION (“Class Action”).
In the event of any controversy or dispute between you and Prime Tea out of or in connection with these Terms or your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute.
IF WE ARE UNABLE TO RESOLVE ANY SUCH DISPUTE WITHIN A REASONABLE TIME (NOT TO EXCEED THIRTY (30) DAYS), THEN ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND Prime Tea ARISING FROM OR RELATING IN ANY WAY TO THESE TERMS OR YOUR USE OF THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. Prime Tea will reimburse all such filing, administration and arbitrator fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
Waiver of Class Actions
You agree to arbitration on an individual basis. In any dispute, NEITHER YOU NOR Prime Tea WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. If this waiver of Class Actions or consolidated arbitrations is deemed invalid or unenforceable, neither you nor Prime Tea is entitled to arbitration and all claims and disputes will instead be resolved in a court as set forth in section 14 of these Terms (Governing Law).
You have the right to opt out of this arbitration agreement by sending written notice of your decision to opt out to the address at the end of these Terms, postmarked within sixty (60) days of first accepting these Terms. You must include your name and residential address, email address and/or phone number associated with your account, and a clear statement that you want to opt-out of the arbitration agreement in Prime Tea’s Terms.
You agree to indemnify, defend and hold harmless Prime Tea and our affiliates, directors, officers, employees and agents, from any claim, demand, liability, expense or loss, including reasonable attorneys’ fees and costs, due to or arising out of, or in any way connected with your use of or access to the Site or your violation of any part of the Terms. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with our defense of such claim.
- OTHER IMPORTANT TERMS.
We may transfer our rights and obligations under these Terms to another organization.
Nobody else has any rights under these Terms. These Terms are between you and Prime Tea.
Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions, rewards programs, or other similar features, all of which are made a part of these Terms by this reference.
If a court finds part of these Terms illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
No waiver by Prime Tea of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Prime Tea to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
- CONTACTING US.
You may contact us at:
7801 N Lamar blvd
Austin, TX 78754
(512) 222-3336 Monday through Friday, 9 a.m. – 6 p.m. ET