Store Policies – Mighty Leaf Tea Canada

Contact us if you have any questions about our tea and teaware products, policies, store locations or for any feedback, comments or questions. Generally we are best reached by email: customerservice@mightyleaf.ca

Mighty Leaf Tea Canada
Somerset Distribution
4000 St. Ambroise
Suite 172
Montreal, QC
Canada
h3C 2C7

Tel: 514-227-0279
Fax: 514-939-3231

Payment Options

Online purchases from Somerset Distribution must be made using a credit card. We accept Visa and Mastercard. Note: All prices are in Canadian dollars.

Security

Entering your credit card information at Somerset Distribution online is safe. We have taken the necessary steps to ensure your payment information is processed with accuracy and confidentiality.

Store Name

Your purchases will appear as "Somerset Distribution," on your credit card statement.

Privacy and Security

We at Somerset Distribution are committed to protecting your privacy. We use the information you provide during online purchasing to process your online orders only. We do not sell, trade or rent your personal information to others. Somerset Distribution may release account information when we believe, in good faith, that such release is reasonably necessary to either comply with law, enforce or apply the terms of any of our user agreements or protect the rights, property or safety of Somerset Distribution, our users, or others. We collect no other personal information about you other than what you provide during the checkout process.

Personal Information Collected

In order to process your online order, we require your name, email address, credit card number, expiration date, the name and billing address of your credit card, shipping address if different than your credit card billing address, and a contact phone number. This allows us to process and fulfill your order and to notify you of your order status.

Protecting Your Personal Information

When you provide us your personal information to process your online order, we receive this information using a secure Internet server employing the industry standard secure transmission protocol known as SSL (Secure Socket Layer). SSL encrypts all personal information you send us, ensuring that this information is sent to us in a private and secure manner. Once received, all of your personal information is protected against unauthorized access.

A Somerset Distribution representative will only ask you for credit card information if they are taking an order placed by phone. We will never contact you by phone or email to ask for your credit card information. If you receive a phone call or email requesting such information - DO NOT PROVIDE ANY PERSONAL OR FINANCIAL INFORMATION. Instead, contact us by phone, fax or email below and let us know that you have been contacted. Somerset Distribution representatives may contact you by phone or email to confirm the details of your order if required for fulfillment.

Consent

By using our website, you consent to the collection and use of your personal information by Somerset Distribution If we change our Privacy policy, we will post the changes to this page so that you are always aware of the information we collect, how we use it and under what circumstances we disclose it.

GST & PST on Sales

For all Somerset Distribution purchases, GST & PST will be charged where Somerset Distribution is required by law to charge tax.

Returns for Online Purchases

We want you to be satisfied with you order from Mighty Leaf Tea Canada. If for any reason you are not, please email us at customerservice@mightyleaf.ca or contact us at 514-227-0279, and we will facilitate any returns.

Delivery Methods and Options

All orders over CAD$90 before taxes, qualify for free Standard Shipping to Canada. Free Standard Shipping is offered on US orders over CAD$160. We aim to dispatch all orders within 24 hours, 2-5 days to deliver.

Note: All Prices are in Canadian dollars.

Canadian Shipping Options

FEDEX Standard Ground - CAD$9.95
FEDEX Expedited - CAD$39.95
FEDEX Express - CAD$49.95

United States Shipping Options

Standard Shipping - CAD$14.95

International Shipping

At this time we only ship within Canada and the United States.

See above for additional details on our store policies.

Multiple Shipping Addresses

You may ship items to separate mailing addresses ONLY by placing separate orders for each destination.

Terms of Purchase

The terms and conditions set forth in these terms of purchase (this ("Agreement") and the "Terms of Access" constitute the entire agreement between Somerset Distribution ("Somerset Distribution") and you (the "Buyer") concerning product purchase through the Website. Capitalize terms used herein shall have the meaning as defined herein, or if not defined, as defined in the Terms of Access.

1. Offer and Acceptance

By ordering a product on the Website, Buyer shall be deemed to have made an offer to buy the specified product from Somerset Distribution pursuant to this Agreement. The acceptance and fulfillment by Somerset Distribution of any order placed on the Website is subject to Buyer's acceptance of all of the terms of this Agreement.

2. Prices, Availability and Taxes

Prices of product on the Website are subject to change at any time without notice. All products may not be available in all areas. Product availability is subject to change at any time and Somerset Distribution makes no representations of warranties regarding product availability. Buyer shall be responsible for any tax or other governmental charge due to the sale, use or delivery of the product, including, but not limited to, Sales Tax, Use Tax, Retailer's Occupational Tax, Gross Revenue Tax, Value Accrued or Value Added Tax, and Transportation Tax. All applicable taxes and other charges will be added to the purchase price.

3. Payment

When ordering products on the Website, Buyer may use VISA or MASTERCARD. Somerset Distribution will not accept checks or COD payments. If Buyer fails to pay for any products received, Somerset Distribution shall have the right, in addition to other remedies, to suspend or cancel further deliveries, and to proceed in any court of proper jurisdiction against Buyer for all amounts due to Somerset Distribution, including, but not limited to, legal fees, costs and interest.

4. Shipping, Title and Risk of Loss

Somerset Distribution will ship products using the shipping method selected by Buyer on the Website. All sales are made F.O.B., the shipping point. Somerset Distribution shall use reasonable efforts to cause products to be delivered to Buyer by requested delivery dates, but shall in no event be liable for any losses or damages caused by delay or non-delivery of products. Buyer shall be responsible for all shipping charges. Title and risk of loss in the products shall pass to Buyer upon Somerset Distribution' (or its agent's) delivery to the carrier at the shipping point.

5. Returns, Changes and Cancellation

6. Disclaimer of Warranties

SELLER MAKES NO WARRANTY, EXPRESS OR IMPLIED, CONCERNING NONINFRINGEMENT, THE PRODUCTS, OR THE MERCHANTABILITY OR FITNESS OF THE PRODUCTS FOR ANY PARTICULAR PURPOSE, AND EXPRESSLY DISCLAIMS ANY AND ALL SUCH WARRANTIES. Buyer is solely responsible for determining the suitability of the products for the uses and applications contemplated by Buyer. Buyer assumes all risks and liabilities arising out of possession, use, or resale of the products, whether used singly or in combination with other material, including, but not limited to, any risk or liability based on alleged negligence on the part of Somerset Distribution

7. Buyer's Representations

Buyer represents that he/she has the requisite power and authority to enter into this Agreement and to perform the obligations under this Agreement. Buyer represents that he/she has provided accurate information to Somerset Distribution in purchasing products through the Website and that his/her offer to purchase products complies with all applicable laws. Buyer acknowledges and agrees that he/she is solely responsible for compliance with all applicable laws and regulations concerning Buyer's purchase, possession, use, or resale of the products. Buyer further represents that he/she is familiar with the characteristics of the products, and will comply with all laws, regulations, and standards applicable to the possession, handling, processing or use of the products by Buyer, including, but not limited to, the Occupational Safety & Health Act.

8. Indemnification

Buyer shall defend, indemnify and hold Somerset Distribution and its suppliers, including, but not limited to, their affiliates, agents, assigns, attorneys, employees, insurers, officers, predecessors, representatives, and successors, harmless from and against all claims, liabilities, costs and expenses (including, but not limited to, those related to injury or to death of Buyer or other persons) arising from or connected with (a) a breach by Buyer of this Agreement or (b) the possession, handling, use, or resale of the products by Buyer or others, including, but not limited to, any claims alleging negligence on the part of Somerset Distribution Somerset Distribution may participate in the defence of any such claim for the further protection of its own interests.

9. Limitation of Claims

Without limiting the scope of any other terms and conditions herein, any and all claims related to products sold to Buyer through the Website shall be made within thirty (30) days after receipt of the product to which the claim relates, or if for non-delivery, after the scheduled delivery date thereof. Buyer's failure to give Somerset Distribution written notice of any claim within the applicable time period shall constitute an absolute and unconditional waiver of such claim. In no event shall Buyer commence any action against Somerset Distribution related to products sold to Buyer through the Website later than one year after receipt of the product giving rise to such action.

10. Limitation of Liability

Without limiting the scope of any other terms and conditions herein, including Somerset Distribution' disclaimer of warranties, no claim of any kind, whether as to products delivered or for non-delivery of products, or otherwise, and whether based on contract, breach of warranty, negligence, strict liability, indemnity, contribution, 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 Somerset Distribution BE LIABLE FOR LOSS OF BUSINESS, LOSS OF PROFITS OR GOOD WILL, OR ANY OTHER INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER BUYER'S CLAIM IS BASED ON CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, INDEMNITY, CONTRIBUTION, OR OTHERWISE, AND NOTWITHSTANDING ANY CLAIM THAT SUCH LOSSES WERE REASONABLY FORESEEABLE TO Somerset Distribution OR ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.

11. Force Majeure

Without limiting the scope of any other terms and conditions herein, Somerset Distribution shall not be responsible or liable for any delay or failure to deliver any or all of the products for causes beyond its reasonable control, including, but not limited to, any cause or circumstance which makes impracticable the production, transportation or delivery of the products. Somerset Distribution may cancel an order to the extent the quantity not delivered is due to any such cause or circumstance. In no event shall Somerset Distribution be obligated to purchase products to replace any quantity not delivered due to any such cause or circumstance. In the event of any cause or circumstance excusing Somerset Distribution, Somerset Distribution shall have the right to allocate any remaining product supply among its customers, including those not under contract, in a fair and reasonable manner, and Buyer hereby releases Somerset Distribution from responsibility or liability for any resulting incomplete fulfillment of Buyer's order.

12. General

a) No waiver by either party of any breach of any terms or conditions contained herein shall be construed as a waiver of any succeeding breach of the same or any other terms or condition herein. Nothing contained herein shall limit the remedies of Somerset Distribution in the event of Buyer's breach of this Agreement.

b) All notices related to this Agreement shall be in writing. The parties expressly agree that electronic communications shall be considered "writings" for all purposes under applicable law. If notice is not sent by electronic communications, notices shall be deemed given when delivered to or deposited in the Royal Mail, first class, postage prepaid, and, if to Buyer, sent to the address identified by Buyer when registering to purchase products through the Website and, if to Somerset Distribution, 4000 St. Ambroise, Suite 104, Montreal, QC, Canada, h3C 2C7 .

c) If any terms and conditions herein are held to be invalid or unenforceable, such holding shall not affect the validity or enforceability of any other term or condition herein.

d) These Terms and Conditions shall be governed by and construed under the laws of Canada, without regard to conflict of laws principles. Any legal action with respect to any transaction subject to this Agreement must be commenced within one year after the cause of action has arisen. Any actions arising out of products purchased through the Website shall be commenced in the courts of Canada. Buyer agrees to submit to the jurisdiction of these courts and waives any claim that venue is improper for any reason in these courts.

Please read this Copyright Notice carefully before using this site. By using this site, you signify your consent to the terms of this Copyright Notice. If you do not agree to the Terms, please exit the site.

Terms

1. You should assume that everything you see, read or hear on this site is protected by copyright, design right and/or other intellectual property rights unless otherwise stated and may only be used in accordance with these Terms. Somerset Distribution does not warrant or represent that your use of materials displayed on this site will not infringe rights of third parties not owned by or affiliated with Somerset Distribution. Images, illustrations, graphics, text, etc, are either the property of Somerset Distribution or third parties who have licensed their rights to Somerset Distribution. The use of these materials by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms. Any unauthorized use of the images may violate copyright laws, trademark laws and/or other regulations and statutes.

2. The trademarks, logos and designs displayed on the site, are the property of Somerset Distribution or third parties who have licensed their rights to Somerset Distribution Nothing contained on the site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the site without the written permission of Somerset Distribution or such third party that may own the trademarks displayed on the site.

3. You may download, print and store selected portions of the content of the site provided that you (i) only use these copies for your own personal, non-commercial use, (ii) do not copy or post the content on any network computer or broadcast the content in the media, and (iii) do not modify or alter the content in any way. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. Somerset Distribution reserves complete title and full intellectual property rights in any content you download from this site. Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the content without obtaining written permission from Somerset Distribution in advance.

4. Somerset Distribution has not reviewed all of the sites linked to this site and is not responsible for the contents of any off-site pages or any other sites linked to this site. Your linking to any other off-site pages or other sites is at your own risk.

5. This site may contain links to other Web sites operated by third parties other than Somerset Distribution. Such links are provided for your convenience only. Somerset Distribution does not control such Web sites and is not responsible for their content. The fact that this site contains links to other sites does not mean that Somerset Distribution approves of, endorses or recommends those sites, nor does it imply any association with their operators. Somerset Distribution disclaims all warranties, express or implied, as to the accuracy, legality, reliability or validity of any content on any other site and disclaims all responsibility for any loss, injury, claim, liability or damage of any kind resulting from any third party Web sites or content therein directly or indirectly accessed through links in this site.

6. Somerset Distribution may at any time revise these Terms by updating this posting. You are bound by any such revision and should therefore periodically visit this page to review the current Terms to which you are bound.

7. These Terms shall be governed by and construed under the laws of Canada, without regard to conflict of laws principles. Any legal action with respect to any transaction subject to these Terms must be commenced within one year after the cause of action has arisen. Any actions arising out of products purchased through the Website shall be commenced in the provincial or federal courts of Canada. Buyer agrees to submit to the jurisdiction of these courts and waives any claim that venue is improper for any reason in these courts.

Mighty Leaf Tea Canada
Somerset Distribution
4000 St. Ambroise
Suite 104
Montreal, QC
Canada
h3C 2C7