Terms of Sale
TERMS OF SALE
Last Updated: July 9th, 2016
PLEASE READ THESE TERMS OF SALE ("TERMS") CAREFULLY. THESE TERMS APPLY TO YOU AND YOUR PURCHASE OF ANY PRODUCTS FROM NELSON’S TEA CORPORATION DOING BUSINESS AS NELSON’S TEA (“NELSON’S TEA”) THROUGH ITS WEBSITE, LOCATED AT WWW.NELSONSTEA.COM, EXCEPT TO THE EXTENT THAT YOU HAVE ENTERED INTO A SEPARATE WRITTEN AGREEMENT WITH NELSON’S TEA THAT SUPERSEDES SOME OR ALL OF THESE TERMS. THESE TERMS ARE SUBJECT TO CHANGE WITHOUT PRIOR WRITTEN NOTICE AT ANY TIME, IN NELSON’S TEA'S SOLE DISCRETION. BY PLACING AN ORDER FOR PRODUCTS THROUGH THE SITE, YOU AGREE TO BE BOUND BY AND ACCEPT THE TERMS AND CONDITIONS IN EFFECT AT THE TIME OF SUCH ORDER. ALL SALES ARE EXPRESSLY CONDITIONED UPON YOUR AGREEMENT TO THESE TERMS IN ADDITION TO NELSON’S TEA'S TERMS OF USE.
1. Your Account
When you make a purchase from the Site, you may create an account as part of the checkout process. You are responsible for maintaining the confidentiality of your password and restricting access to your password and account. You further agree to accept responsibility for all purchases and activities that occur under your account.
2. Acceptance of Order
Your placement of an order does not necessarily assure that we will accept your order. We reserve the right to refuse any order in our sole discretion. In addition, before accepting your order, we may require additional information if you have not provided all of the information required by us to complete your order. Once a properly completed order is received, authorization of your form of payment is received and we have accepted your order, we will promptly place your order in line for shipment.
3. Pricing and Availability
All prices for products (and the associated costs of shipping and tax) are shown in U.S. dollars. All items are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order, and to discontinue products without notice, even if you have already placed your order. All prices are subject to change without notice, and you agree that taxes may be adjusted from the amount shown on the payment screens. Several factors may cause this, such as variances between processor programs and changes in tax rates.
4. Payment Terms
Nelson’s Tea currently accepts Visa, MasterCard, American Express, Discover credit cards. By submitting your order, you represent and warrant that you are authorized to use the designated credit card and authorize us to charge your order (including taxes, shipping and handling) to that card. If the card cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled automatically.
5. Shipping Terms and Policies
We endeavor to ship all orders for in-stock items within one (1) business day. Our standard business hours are Monday through Friday, 8:30 a.m. to 8 p.m. Eastern Time, and Saturday 10 a.m. to 6 p.m. Eastern time. Standard shipping is typically via UPS or the U.S. Postal Service and you should allow five (5) to eight (8) business days for standard delivery once an order has been shipped. We reserve the right to substitute another carrier of equal or lesser cost to deliver your order. If expedited shipping is required, please select that as your shipping choice.
All shipping charges are your responsibility, unless waived by Nelson’s Tea. Shipping charges will be included on your invoice and can be viewed prior to finalizing your order. The shipping charge shown during the checkout process is subject to verification. Shipping charges are subject to change without notice.
All orders are shipped FOB shipping point. Title to products passes from Nelson’s Tea to you upon shipment and we are not responsible for any shipping delays or problems once the product has been shipped.
6. Back Orders
We do not currently take back orders on items.
7. Return and Exchange Policies
Nelson’s Tea strives to provide exceptional customer service and the perfect shopping experience each and every order. If you are not completely satisfied with your order, you may return or exchange eligible items in new and unused condition with original packaging within 60 days of purchase for either a refund or exchange as described below.
Please note that items purchased through special promotion, sales, or clearance are final sales, and therefore not eligible for returns or exchange.
Purchases made with a credit card or debit card can be refunded to the same card. Purchases made with a Nelson’s Tea Card or Nelson’s Tea Card will be refunded to a Nelson’s Tea Store Credit card. Nelson’s Tea Store Credit cards may be used for making purchases at participating Nelson’s Tea stores only and at Nelsonstea.com. They cannot be redeemed for cash or applied as payment to any account unless required by law. Nelson’s Tea Store Credit cards do not expire, nor does Nelson’s Tea charge fees. The value on Nelson’s Tea Store Credit cards will not be replaced if it is lost, stolen or destroyed. Nelson’s Tea Store Credit cards cannot be reloaded with additional funds and purchases made with Nelson’s Tea Store Credit cards do not earn Stars.
If the original form of tender has been lost or stolen, or if an in-store return of $100 dollars or more is made, we will issue a check for the full amount of the return from our headquarters and mail it to you within seven (7) to ten (10) days.
Our Customer Service hours are Monday – Friday, 8:30 a.m. to 8 p.m. ET, Saturday, 10 a.m. to 6 p.m. ET. Closed Sunday. You may also reach us by email at shop@Nelsonstea.com. Nelson’s Tea is not responsible for lost or stolen gift cards. We strongly recommend having your gift card registered at Nelsonstea.com/card/rewards. This will not only help you earn special rewards, but also offer a level of protection should your gift card be compromised.
Returns
Simply fill out the information on your packing slip and ship your return or exchange to our warehouse. For your convenience, you may use the sticker from the front of your invoice on your box. If you don’t have an address sticker, you can call customer service at 1(317)759-4746 for assistance in printing a new one. Please pack the items carefully so that they do not break or become damaged.
All returns and exchanges must include the original purchase receipt in the package.
Purchases made with a credit card or debit card can be refunded to the same card. Purchases made with a Nelson’s Tea Card will be refunded to a Nelson’s Tea Store card. If the original form of tender has been lost or stolen, or if an in-store return of $100 dollars or more is made, we will issue a check for the full amount of the return from our headquarters and mail it out to you right away.
Nelson’s Tea is not responsible for lost or stolen gift cards. We strongly recommend having your gift card registered at Nelsonstea.com/card/rewards. This will not only entitle you to earn special rewards, but also offer a level of protection should your gift card be compromised.
Our Customer Service hours are Monday – Friday, 8:30 a.m. to 8 p.m. ET, Saturday, 10 a.m. to 6 p.m. ET. Closed Sunday. You may also reach us by email at clientservices@Nelsonstea.com.
8. Nelson’s Tea Rewards - Earning Stars
If you are a member of Nelson’s Tea Rewards and use your registered Nelson’s Tea or Nelson’s Tea gift card to pay for your purchase on Nelsonstea.com, you will earn two (2) Stars for every one dollar ($1) you spend on eligible purchases. Nelson’s Tea and Nelson’s Tea Cards, taxes, donations and fees (such as delivery fees, shipping and handling fees, and gift wrapping fees) are excluded and do not accrue Stars. Your Stars will be posted to your Nelson’s Tea Rewards account within 24 hours from your order shipment date. For more information about Nelson’s Tea Rewards, visit Nelsonstea.com/terms. If you return an item purchased from Nelsonstea.com with a Nelson’s Tea or Nelson’s Tea gift card, your refund will arrive in the form of a Nelson’s Tea Store Credit card which can be used as a method of payment at Nelsonstea.com and at participating Nelson’s Tea retail locations. Purchases made with Store Credit cards do not earn Stars.
9. Privacy
Please refer to our Privacy Statement for information about how Nelson’s Tea collects, uses and discloses personal information from users of the Site.
10. Errors
We attempt to be as accurate as possible; however, we do not warrant that all product descriptions, photographs, pricing or other information on the Site is accurate, complete, current, or error-free. In addition, all weights and size dimensions are approximate. If a product offered by Nelson’s Tea is not as described or pictured, your sole remedy is to return it in an unused condition for a refund. In the event of an error, whether on the Site, in an order confirmation, in processing an order, in delivering a product or otherwise, we reserve the right to correct such error and revise your order accordingly, or to cancel the order and refund any amount charged. Your sole remedy in the event of an error is to cancel your order and obtain a refund.
11. Limitation of Liability
NELSON’S TEA WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS, OR OTHER CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY, EXCEPT AS EXPRESSLY PROVIDED HEREIN. TO THE FULL EXTENT PERMITTED BY LAW, NELSON’S TEA'S LIABILITY SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID FOR THE PURCHASE OF PRODUCTS FROM THIS SITE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
12. Warranties
Nelson’s Tea products may be returned or exchanged in accordance with the policies described above. THIS IS THE ONLY GUARANTEE OR WARRANTY YOU GET FROM NELSON’S TEA RELATING TO THE PRODUCTS YOU PURCHASE. NELSON’S TEA MAKES NO OTHER, AND EXPRESSLY DISCLAIMS ALL, REPRESENTATIONS, WARRANTIES, AND CONDITIONS, WHETHER IN WRITING, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, OR ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. PRODUCTS ARE PROVIDED BY NELSON’S TEA "AS IS" AND WITHOUT WARRANTY OF ANY KIND.
13. Governing Law; Venue
These Terms and your purchase of products from NELSON’S TEA through the Site shall be governed and construed in accordance with the laws of the State of Indiana, without resort to its conflict of law provisions to the contrary. You agree that any action at law or in equity arising out of or relating to these Terms or your purchase of products shall be filed only in the state and federal courts located in Marion County, Indiana and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.