The KitTea Kit
Terms of Service
Effective April 20, 2017
KitTea LLC., its subsidiaries and affiliates owns and operates the Services (as defined below).
YOUR ACCEPTANCE OF TERMS
By accessing or using any part of the KitTea Services or by purchasing a KitTea product (defined below), you agree to be bound by these Terms of Sale which are incorporated herein by reference (together, the "Agreement"). If there is any conflict between KitTea Terms and the KitTea Terms of Service, the KitTea Terms will govern. All capitalized terms that are not defined herein have the meaning specified in the Terms of Service. Your use of the Service is expressly conditioned upon your assent to all of the terms and conditions of this Agreement to the exclusion of all other terms. If you do not agree to any of these terms and conditions, then please do not use our Services.
MODIFICATION OF TERMS
KitTea reserves the right, in its sole discretion, to modify the KitTea Terms at any time by posting a notice on the KitTea website at www.kitteasf.com, or by sending you a notice via email or postal mail. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Service by you following such notice constitutes your acceptance of these Terms of Sale as modified.
SERVICES AND PRODUCTS
The term "Services" shall include, without limitation, use of the KitTea website, purchase of a Box and/or Subscription (each as defined below), including the goods and/or services included therein (each, a "Product") and any additional goods or services KitTea performs for you via the KitTea Services.
KitTea may change, suspend or discontinue the Services at any time. KitTea may also impose limits on certain features and services or restrict your access to parts or all of the Services.
CERTAIN CONDITIONS OF SALE
Through the "KitTea" program, you may purchase a subscription to receive monthly shipments of curated items and/or single purchase premium edition offerings KitTea may provide from time to time (each, a "Box"). In addition, KitTea may offer certain premium edition offerings, which include Special Edition and Gift Collection Boxes that are available for stand-alone purchase. The various subscription types available (each, a "Subscription"), and the pricing for each, are described in the about section. Subscriptions are available in a variety of lengths (each, a "Subscription Term"). Your subscription will begin depending on which Box is available for sale at the time of your initial order. If you have chosen a monthly recurring Subscription type ("Every-Month Subscription"), for your first box KitTea will charge you the relevant monthly Subscription fee at time of sign-up. For each subsequent box, you will be charged on the anniversary date of your initial sign-up. If you have chosen a Subscription with a longer term ("Longer-term Subscription"), the fee for the entire Subscription Term will be charged to you upon the sign-up of your Long-term Subscription. Subscription Term length cannot be changed until the Subscription Term is up for renewal in accordance with "Renewal" section below.
KitTea will charge the relevant fees for your chosen Subscription(s) to the credit card that you provide to us. Any updates to your account (i.e. shipping and billing information) must be made prior to (20th) date of each calendar month for the updated details to apply to the subsequent month. If the credit card information you have provided is incorrect or incomplete, or KitTea is unable to complete a transaction due to your error or omission, we will attempt to contact you and inform you of the problem; failure to provide accurate and complete shipping and billing information may result in the delay or cancellation of your Subscription or a particular delivery.
Address changes must be made by the 20th of the month in order to take effect for the next months shipping (e.g. to change the shipping address for your October KitTea Box you will have to update it by September 20th).
KitTea reserves the right to change the prices and available Subscriptions at any time, upon notice to you, provided that any Subscription you have already paid for as of the date of such notice will not be affected by such change for the then-current Subscription Term. For avoidance of doubt, the Subscription Term of a Monthly Subscription is two (2) month. Sales tax will be determined by the shipping address of the order and will automatically be added to your order in accordance with the current tax rate at time of charge.
Renewal & Cancellation
At the end of a Subscription Term, your Subscription will automatically renew for additional Subscription Term(s), unless you log in to your KitTea account and cancel your Subscription at any time prior to the twentieth (20th) day of the month. For example, should you log in to cancel your Subscription on October 10th, you will not incur any charges for the month of November, thereby ending your then-current Subscription Term ("Notice Period"). Notwithstanding anything else to the contrary, if you have purchased a Long-Term Subscription as a gift and have designated it as such as allowed by our payment process (a "Gift Subscription"), such Gift Subscription will automatically terminate at the end of its initial Subscription Term.
KitTea may limit quantities of or cancel Subscriptions purchased, and we reserve the right to refuse any order. In the event KitTea needs to change or cancel an order, we will attempt to notify you using the contact information you provided at the time the order was made.
No Returns on Damaged Product
The contents of each Box are curated by the trendsetters at KitTea. We do not allow returns or substitutions of anything in your Box. If you receive a Box with damaged or incomplete contents, please contact us within one (1) week following receiving your Box. If you receive a Box with damaged contents you will need to include photographic evidence documenting the damaged product in order to receive a replacement product. Should KitTea decide to honor a return as determined in its sole discretion, the amount you paid for your preferred shipping method will be deducted from your refund amount. All refunds are issued in the original form of payment for all purchases. Boxes are shipped by a third party carrier. As a result, title and risk of loss for a Box will pass to you upon our delivery to the carrier.
Disclaimer of Warranties
Product specifications and other information have either been provided by the vendors or collected from publicly available sources. While KitTea makes reasonable efforts to ensure that the information on the KitTea website and/or contained in your Box is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on the KitTea website and/or contained in your Box. KitTea makes no warranties or representations whatsoever with regard to any product provided or offered by any vendor, and you acknowledge that any reliance on representations and warranties provided by any vendor shall be at your own risk. Moreover, KitTea disclaims any responsibility in connection with your use of the contents contained in each Box, any and all such use shall be at your own risk.
KitTea CONTESTS AND DRAWS
KitTea may, from time to time in its sole discretion, elect to conduct a drawing to randomly select potential prize winners who will be eligible to receive a special prize to be included in a Box prior to shipment (a "KitTea Contest"). NO PURCHASE IS NECESSARY TO ENTER OR WIN. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF KITTEA SUBSCRIBERS. VOID WHERE PROHIBITED BY LAW OR WHERE BONDING, REGISTRATION, OR OTHER REQUIREMENTS WOULD BE REQUIRED BUT HAVE NOT BEEN MET. AFFIDAVIT OR DECLARATION OF ELIGIBILITY AND RELEASE OF LIABILITY FORMS MAY BE REQUIRED. Only KitTea Subscription holders who are at least eighteen (18) years of age and who are permanent, legal residents that reside in one of the fifty (50) states of the United States of America or the District of Columbia Also any KitTea Subscription holders who are at least eighteen (18) years of age and who are permanent, legal residents that reside in Canada. Any KitTea Subscription holders who are employees of KitTea are ineligible to receive a prize. There is a limit of one (1) entry per person. Prior to shipment of the Boxes for a given month, KitTea will conduct a drawing to select the potential prize winners who shall be randomly selected from all KitTea Subscription holders and entries . All winners of a prize shall be responsible and liable for all provincial, federal, state and local taxes on the value of their prize. The decisions of KitTea are final and binding in all matters relating to any KitTea Sweepstakes. KitTea reserves the right, in its sole discretion and without notice, to suspend or cancel any KitTea Sweepstakes.
Should you have any questions regarding these KitTea Subscription Box Terms you may contact us at email@example.com