Terms of service

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

The following terms and conditions, together with the policies referenced herein (these “Terms and Conditions” or “Terms”), describe your rights and obligations when you use the Services.

Please read these Terms and Conditions carefully, as they contain important information about your legal rights and address topics such as warranty disclaimers and limitations of liability.

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

SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms and Conditions, you represent that you are of legal age in the federal state or region in which you reside and that you have given us your consent to allow your minor dependents 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 as well as 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 authorized to provide such information.
You are solely responsible for maintaining the security of your account credentials and for all activities under your account. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 – OUR PRODUCTS
We have endeavored to display our products and services in our online shops as accurately as possible. However, we point out that colors or the appearance of the products may differ from the colors displayed on your screen due to the device you use to access the shop as well as its settings and configuration.
We do not guarantee that the appearance or quality of the products or services you purchase will meet your expectations or correspond to the representations in our online shops.
All product descriptions are subject to change at any time without prior notice at our sole discretion. We reserve the right to discontinue products at any time and to limit the quantities of products that we offer to any person, in a geographic region, or within a jurisdiction on a case-by-case basis.

Section 3 – ORDERS
By placing an order, you submit an offer to purchase. My Best Tea shop reserves the right to accept or decline your order at its sole discretion for any reason. Your order shall only be deemed accepted once it has been confirmed by My Best Tea shop. Acceptance of your order is subject to receipt and processing of your payment. Please review your order carefully before submitting it, as My Best Tea shop may not 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 phone number provided at the time the order was placed.
Returns or exchanges of your purchases are carried out exclusively in accordance with our right of withdrawal policy.
You represent and warrant that your purchases are intended for your personal use or the use of your household and not for commercial resale or export.

SECTION 4 – PRICING AND BILLING
Prices, discounts, and special offers may be changed without prior notice. The price charged for a product or service is the price in effect at the time the order is placed and will be stated in the order confirmation you receive via email. Unless expressly stated otherwise, the listed prices do not include taxes, shipping, handling, customs duties, or import fees.
Prices stated in our online shops may differ from prices in physical stores or in online shops or other stores operated by third parties. From time to time, we may offer promotions for the Services that may affect pricing and are subject to different terms and conditions than these Terms. In the event of inconsistencies between promotional terms and these Terms, the promotional terms 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 if necessary.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are authorized to use such credit card for the purchase, (iii) the charges incurred by you will be honored 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.

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ECTION 5 – SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping providers, customs processing, or events beyond our control. Once we have handed over the products 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 brands, trademarks, texts, representations, images, graphics, product reviews, video and audio files, as well as their design, selection, and arrangement, are the property of My Best Tea shop, its affiliates, or licensors and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.
These Terms and Conditions permit you to use the Services exclusively 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 in the Services. Unless expressly provided herein, no provision of these Terms and Conditions grants you any license or other rights to patents, trademarks, copyrights, or other intellectual property of My Best Tea shop, Shopify, or third parties, nor may such a grant be implied from these provisions. Unauthorized use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by My Best Tea.
The names, logos, product and service names, designs, and slogans of My Best Tea shop are trademarks of My Best Tea or its affiliates or licensors. You may not use these trademarks without the prior written permission of My Best Tea. 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 on the Services are the 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 any liability arising from or relating to your use of optional third-party tools.
Any use of optional tools offered through the website is entirely at your own risk and discretion. You are responsible for familiarizing yourself with and accepting the terms under which the tools are provided by the respective third-party providers.
We may also, in the future, offer new features through the Services (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 that are provided or operated by third parties (including any embedded third-party features). We are not responsible for examining or evaluating the content or accuracy of any materials or websites of third parties that you access at your own discretion. If you choose to leave the Services in order to access third-party materials or websites, you do so at your own risk.
We are not liable for any harm or damages related to your access to third-party websites or your purchase or use of products, services, resources, or content from third-party websites. You should carefully review the policies and practices of the third party and ensure that you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding products and services of third parties should be directed to the respective third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY
My Best Tea is powered by Shopify, which enables us to provide you with the Services. However, all sales and purchases you make in our shop are concluded directly with My Best Tea. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspects of transactions between you and My Best Tea, including any injuries, damages, or losses arising from purchased products and services. You hereby expressly release Shopify and its affiliates from any and all liability for any claims, damages, and liabilities arising out of or related to your purchases and transactions with My Best Tea.

SECTION 10 – PRIVACY POLICY
All personal data that we collect through the Services is subject to our Privacy Policy. In addition, certain personal data may be subject to Shopify’s Privacy Policy, which can be viewed here. By using the Services, you confirm that you have read these Privacy Policies.
As the Services are hosted by Shopify, Shopify collects and processes personal data about your access to and use of the Services in order to provide and improve the Services for you. Data that you submit to the Services will be transmitted to Shopify as well as to third-party providers that may be located in countries other than the country in which you reside in order to provide the Services to you. Further information on how we, Shopify, and our partners use your personal data can be found in our Privacy Policy.

SECTION 11 – FEEDBACK
If you submit, upload, post, send by email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively referred to as “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve, and promote the Services and to fulfill our obligations and exercise our rights under the Terms and Conditions.
You further represent and warrant that: (i) you own all rights in the Feedback or otherwise have all necessary rights to provide it; (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 not obligated to (1) maintain any Feedback in confidence, (2) pay compensation for any Feedback, or (3) respond to any Feedback.
We reserve the right, but are not obligated, to monitor, edit, or remove Feedback that we determine, at our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or that violates any party’s intellectual property or these Terms and Conditions.
You represent that your Feedback does not violate any rights of third parties, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further represent that your Feedback does not contain any defamatory or otherwise unlawful, abusive, or obscene material or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for your Feedback and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third party.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders at any time without prior notice (including after you have submitted your 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 any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, libel, disparage, intimidate, or harm any of our employees or any other person; (e) to submit false or misleading information; (f) to transmit, knowingly receive, upload, download, use, or reuse any material that does not comply with these Terms and Conditions; (g) to transmit or procure the sending of any advertising or promotional material, including “junk mail”, “chain letters”, “spam”, or any other similar solicitation; (h) to impersonate or attempt to impersonate another natural or legal person; or (i) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm or expose My Best Tea shop, Shopify, or users of the Services to liability.
In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or 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 data of others; (d) engage in spam, phishing, pharming, pretexting, spidering, crawling, or scraping; 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, deactivate, 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.

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SECTION 14 – TERMINATION OF THE CONTRACTUAL RELATIONSHIP
We may terminate this agreement or your access to the Services (or any part thereof) at our sole discretion at any time without prior notice. You will remain liable for all amounts due up to the date of termination.
The following sections shall survive termination of the contractual relationship: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any 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 representations or warranties as to the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of their contents.

Unless expressly stated by My Best Tea shop, the Services and all products offered through the Services are provided “as seen” and “as available” for use, without any express or implied representations, warranties, or conditions of any kind. This includes all implied warranties or conditions of merchantability, commercial quality, fitness for a particular purpose, durability, title, or non-infringement.

We do not guarantee that your use of the Services will be uninterrupted, timely, secure, or error-free. Some jurisdictions do not allow limitations of implied warranties, so the above disclaimer may not apply to you in whole or in part.

SECTION 16 – LIMITATION OF LIABILITY

To the fullest extent permitted by law, My Best Tea shop, as well as our partners, directors, officers, employees, affiliates, agents, contractors, service providers, or licensors—along with Shopify and its affiliates—shall in no event be liable for any injuries, losses, claims, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind.

These include, but are not limited to, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether arising in contract, tort (including negligence), strict liability, or otherwise.

Liability is excluded for all damages arising from or related to your use of the Services or any products obtained through the Services. This also includes errors or omissions in any content as well as any loss or damage of any kind incurred as a result of the use of the Services or any content or products posted, transmitted, or otherwise made available through the Services, even if we have been advised of the possibility of such damages.

SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless My Best Tea shop, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any losses, damages, liabilities, or claims, including reasonable attorneys’ fees, payable to third parties arising out of (1) your breach of these Terms and Conditions or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
We will notify you of any indemnifiable claims, provided that failure to promptly notify you shall not relieve you of your obligations unless you are materially prejudiced thereby. We may control the defense and settlement of such claims at your expense, including the choice of legal counsel, but will not settle any claim that imposes non-monetary obligations on you without your consent (which shall not be unreasonably withheld). You agree to cooperate in the defense of such claims, including by providing relevant documents.

SECTION 18 – SEVERABILITY
If any provision of these Terms and Conditions is held to be unlawful, void, or unenforceable, such provision shall nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms and Conditions. Such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 19 – WAIVER, ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms and Conditions and any policies or operating rules posted by us on this website or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service. They supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).
Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.

SECTION 20 – ASSIGNMENT
You may not assign, transfer, or delegate this agreement or any of your rights or obligations under these Terms and Conditions without our prior written consent, and any attempt to do so shall be null and void. We may assign, transfer, or delegate these Terms and our rights and obligations without your consent or notice.

SECTION 21 – GOVERNING LAW
These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the federal, state, or territorial courts of the country in which My Best Tea shop has its registered office. You and My Best Tea shop agree to the jurisdiction and personal authority of these courts.

SECTION 22 – HEADINGS
The headings used in this agreement are included for convenience only and shall not affect these Terms and Conditions.

SECTION 23 – CHANGES TO THE TERMS AND CONDITIONS
You can review the most current version of the Terms and Conditions at any time on this page.
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will inform you of any material changes in accordance with applicable law. Such changes shall take effect on the date specified in the notice. By continuing to use or access the Services after changes to these Terms and Conditions have been posted, you agree to those changes.

SECTION 24 – CONTACT INFORMATION
If you have questions about the Terms and Conditions, please contact hello@my-best-tea.com
Our contact details are listed below:
ENCOUNTER AND CONNECT SAS

France:
68 Rue Principale 57800 BETTING
kontakt@en-connect.de or hello@my-best-tea.com
N° TVA Intracommunautaire: FR89984716316
N° SIRET: 98471631600018

Branch Germany:
Heinrich-Barth-Str. 22, 66115 Saarbrücken
kontakt@en-connect.de or hello@my-best-tea.com
Tax number: 1040/147/52736
VAT ID: pending