Conditions

Welcome to The Spice & Tea Exchange® (TSTE®) website (“Website”). By using the Website, you agree to be bound by these “Conditions of Use”, Legal Notices, Privacy Policy and all disclaimers, terms and conditions that appear elsewhere on The Spice & Tea Exchange® Website. The policies of The Spice & Tea Exchange® retail stores may differ substantially from those applicable to your use of The Spice & Tea Exchange Website. 
  
References to TSTE® herein refer to The Spice & Tea Exchange® Holding, LLC, or their affiliates, subsidiaries and designees as deemed appropriate by TSTE®.

TSTE® reserves the right to make changes to the TSTE® Website and its Conditions of Use and Legal Notices at any time in any manner permitted by applicable law, including without limitation by posting revised terms on the Website, which amended terms and conditions shall be binding upon you. Each time you use the TSTE® website, you should visit and review the then current Conditions of Use and Privacy Policy that apply to your transactions and use of this site. If you are dissatisfied with the TSTE® website, its content or Conditions of Use, you agree that your sole and exclusive remedy is to discontinue using the TSTE® website. Please see the Privacy Policy for a description of certain rights you have in connection with TSTE®’s retention, provision, sale and use of your personal information.

 

The policies of The Spice & Tea Exchange® retail stores may differ substantially from those applicable to your use of the Website. All information appearing on the Website is the property of TSTE® and/or is presented with the permission of others. The material on the Website is protected by law, including, but not limited to, United States Copyright Law and international treaties. The Website is controlled and operated by TSTE® from its offices within the United States. TSTE® makes no representation that materials in the Website are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access the Website from other locations do so on their own initiative and are responsible for compliance with applicable local laws. Your use of the Website after such posting will constitute your acceptance and agreement to such changes. 

Tampering with the site, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the site are prohibited.

 

DISCLAIMERS AND LIMITATION OF LIABILITY

By using the TSTE® website, you expressly agree that use of the TSTE® website is at your sole risk. The TSTE® website is provided on an "AS IS" and "as available" basis. Neither The Spice & Tea Exchange® LLC nor its affiliates, subsidiaries or designees nor each of their respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors or the like (collectively, "Associates") warrant that use of the TSTE® website will be uninterrupted or error-free. Neither TSTE® nor its Associates warrant the accuracy, integrity or completeness of the content provided on the TSTE® website or the products or services offered for sale on the TSTE® website. Further, TSTE® makes no representation that content provided on the TSTE® website is applicable to, or appropriate for use in, locations outside of the United States. TSTE® and its Associates specifically disclaim all warranties, whether expressed or implied, including but not limited to warranties of title, merchantability or fitness for a particular purpose. No oral advice or written information given by TSTE® or its Associates shall create a warranty. Some states do not allow the exclusion or limitation of certain warranties, so the above limitation or exclusion may not apply to you.

 

Under no circumstances shall TSTE® or its Associates be liable for any direct, indirect, incidental, special or consequential damages that result from your use of or inability to use the TSTE® website, including but not limited to reliance by you on any information obtained from the TSTE® website that results in mistakes, omissions, interruptions, deletion or corruption of files, viruses, delays in operation or transmission, or any failure of performance. The foregoing Limitation of Liability shall apply in any action, whether in contract, tort or any other claim, even if an authorized representative of TSTE® has been advised of or should have knowledge of the possibility of such damages. User hereby acknowledges that this paragraph shall apply to all content, merchandise and services available through the TSTE® website. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

INTELLECTUAL PROPERTY RIGHTS

All graphics, images and content on the Website, blog and social media platforms belong exclusively to TSTE® or its affiliates. The use of any TSTE® trademarks or service marks without our express written consent is strictly prohibited. You may not use our trademarks or service marks in connection with any product or service that is in any way likely to cause confusion or to disparage or discredit TSTE®. In addition, you may not use any of our trademarks or service marks in meta tags without our explicit prior consent. Any unauthorized use of any material contained on the Services may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

 

CONTENT YOU PROVIDE (USER-GENERATED CONTENT)

TSTE® welcomes comments, feedback, reviews, notes, suggestions, thoughts, ideas, proposals, pictures, photographs, information, text, graphics, images, logos, illustrations, descriptions, data, designs, icons, video clips, audio clips, sounds, files, specifications, catalogs, literature, advertisements, titles, names and any other materials, but which shall expressly exclude any personally identifiable information (which use shall be governed by our Privacy Policy) (collectively, the “User-Generated Content”) from you on the Services, including but not limited to on its blog, product detail webpages and elsewhere. You agree that any User Generated Content that you post, upload, input, submit, send, contribute or otherwise transmit (collectively, “Submit” or “Submission”, as appropriate) to the Services (whether directly or through a third party) shall be true, accurate and complete and you shall not impersonate or falsely represent your affiliation with any person or entity. You are entirely responsible for all User Generated Content that you Submit or otherwise make available via the Services.

 

By Submitting User Generated Content to the Website, you grant, and you represent and warrant that you have the right to grant, to TSTE®, its affiliates, agents and licensees, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, publish, distribute, sublicense, and otherwise disclose, prepare derivative works of, or incorporate into other works, the User Generated Content, for any purpose without restriction and without providing any attribution or compensation to you. Such User Generated Content will not be treated as confidential information. In addition, by posting or allowing TSTE® or a third party to post User Generated Content to any public area of the Services, you grant TSTE® all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the User Generated Content by any party for any purpose.

You agree that you shall not use the Services to Submit any User Generated Content that (i) is not related to appropriate subject matters, (ii) is misleading to others, (iii) is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, pornographic, indecent, invasive of another’s privacy, hateful, offensive, or racially, ethnically or otherwise objectionable, (iv) you do not have a right to Submit under any contractual relationships, (v) is infringing of any patent, trademark, trade secret, copyright or other proprietary rights of any third party, (vi) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Services, including but not limited to a virus, Trojan horse, worm, or time bomb, or (vii) intentionally or unintentionally violates any applicable local, state, national or international law, or any rules or regulations having the force of law.

TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A SERIOUS MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO TSTE® AND ITS FRANCHISEES, AND TO CONSUMERS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST, AND FURTHER, COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION, INCLUDING, BUT NOT LIMITED TO, SOMEONE ELSE’S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR MADE UP NAME, ADDRESS, E-MAIL OR PHONE NUMBER, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO TSTE® AND EACH TSTE® FRANCHISEE WHO ACCEPTS SUCH INFORMATION, FOR THE GREATEST EXTENT PERMISSABLE BY LAW FOR EACH OF THE ACTUAL PERSON(S) AFFECTED BY ANY OF THE IMPROPER, INCORRECT OR FRAUDULENT INFORMATION YOU ENTER PER IMPROPER SUBMISSION, PLUS ANY ATTORNEYS FEES COSTS AND EXPENSE RELATING THERETO, IF APPLICABLE, IN ADDITION TO THE ACTUAL DAMAGES, DIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH INTENTIONAL, MISLEADING, HARMFUL AND FRAUDULENT ACTIVITY, PLUS REASONABLE LEGAL FEES, COST AND EXPENSES RELATING TO OBTAINING SUCH REMEDIES.

TSTE® reserves the right to revoke your access to any Services at any time. All information about TSTE® is confidential and for your personal use only. If it is determined or suspected by us, in its sole discretion, that you are misusing or attempting to misuse or circumvent the Services or system, or are using or attempting to use them for any inappropriate or non-personal purposes, including but not limited to activities such as hacking, scraping content, infiltrating, fraud, advertising, jamming or spamming, TSTE® reserves the right, in its sole discretion, to immediately terminate your access to the Services without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.

In the event that you do not wish for TSTE® to use your User Generated Content, please do not Submit such User Generated Content. Please note that any User Generated Content does not represent the advice, views, opinions or beliefs of TSTE®, and TSTE® makes no claim of accuracy of any such User Generated Content. You understand and agree that you are solely responsible for any User Generated Content that you Submit and you may be held legally liable for such User Generated Content. TSTE® reserves the right to remove any User Generated Content from the Services at any time and for any reason.

RATINGS AND REVIEWS ARE NOT ENDORSED BY TSTE® 

All ratings and reviews displayed to you reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of TSTE®. TSTE® disclaims any and all representations or warranties with regard to the ratings and reviews. TSTE® does not assume responsibility or liability for any rating or review or for any claims, damages, or losses resulting from any use of the Website, Services or the materials contained therein. 

 

USER IDS AND PASSWORDS

You will be solely responsible for the maintenance and security of any login identifiers and passwords. If you have a login identifier and password that are unique to you, you agree not to disclose or share your login identifier and password with any third party. TSTE® reserves the right to deny or revoke access to the Services, including the Website, or any part thereof, at any time in its sole discretion, with or without cause. Your access to the Services will terminate upon the termination of these Conditions of Use by TSTE® for any reason.

 

INTENDED FOR USERS OVER 13

The TSTE® website is intended for use by individuals 13 years of age or older. The TSTE® website is not directed for use by children under the age of 13. Users under the age of 13 should get the assistance of a parent or guardian to use this site.

 

PRODUCT DISPLAY/COLORS

The TSTE® website attempts to display product images shown on the site as accurately as possible. However, we cannot guarantee that the color you see matches the product color, as the display of the color depends, in part, upon the monitor you are using.

 

ERRORS ON OUR SITE

Prices and availability of products and services are subject to change without notice. Errors will be corrected where discovered, and TSTE® reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, TSTE® will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account. If you are not fully satisfied with your purchase, you may return it in accordance with TSTE®'s Shipping and Return Policy.

 

PRICING POLICY
Online prices and selection generally match those in our stores, but may vary. Prices and offers are subject to change.

SALES TAX POLICY
TSTE® collects and remits sales tax as required by U.S. law for transactions on www.spiceandtea.com.

PAYING FOR YOUR ORDER
You may pay for your orders with TSTE® gift cards or credit cards. Currently, we accept Visa®, MasterCard®, American Express® and Discover® Card.

Generally, credit or debit cards are charged at the time the order is placed.  Credits for returns or for products not received may be requested at weborders@spiceandtea.com.

USING GIFT CARDS

Gift cards are redeemed by entering in a gift card code.  The balance of the gift card is debited at the time of purchase for the amount of the purchase.  In the event of a redemption that is below the gift card balance, no money will be refunded to the customer.  Rather, the gift card balance will be debited by the amount of the purchase.  The remaining balance may be redeemed on subsequent purchases from the TSTE® website.  Any purchase balance, in excess of the gift card balance prior to the sale, will be charged to the customer’s credit or debit card. The amount of the price reduction on as a result of the gift card purchase will be indicated on the invoice which is presented during check out. 

USING PROMOTIONAL CODES
From time-to-time, TSTE® offers its customers a promotional code.  Promotional codes may be entered into the system at the time of purchase.  The amount of the discount on the promotional code will be indicated on the invoice which is presented during check out. 

VALIDATING YOUR ORDER
After you place an order using our shopping cart, we will check the information you give us for validity, by verifying your method of payment or shipping address. We reserve the right to reject any order you place with us, and/or to limit quantities on any order, without giving any reason. If we reject your order, we will attempt to notify you using the e-mail address you have given us with the order and will issue you a credit against your credit or debit card.

 

ORDER ACCEPTANCE/CONFIRMATION
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. The TSTE® website reserves the right at any time after receipt of your order to accept or decline your order for any reason.

RETURN POLICY
All sales made through the TSTE® website are subject to TSTE®'s Return Policy. For a complete explanation of the return policy, please click on the Return Policy link on the home page.

ORDER LIMITATIONS/LIMITED QUANTITIES
TSTE® may, at its own discretion, limit or cancel quantities purchased per person, per household or per order. TSTE® also reserves the right to reject any order you place with us. These restrictions may include orders placed by the same TSTE® website account, the same credit card, and orders that use the same billing and/or shipping address. In the event we make a change to an order, we will attempt to notify you by contacting the e-mail and/or billing address provided at the time the order was made. TSTE® reserves the right to limit or prohibit sales to dealers.

OUTSIDE LINKS 

This Website may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that TSTE® is not responsible for the operation of or content located on or through any such site to the extent permitted by applicable law. Use of any information obtained from such addresses is voluntary, and reliance on it should only be undertaken after an independent review of its accuracy, completeness, efficacy, and timeliness. Neither the inclusion of the link as part of the Services or the Website nor reference therein to any specific commercial product, process, or service by trade name, trademarks, service mark, manufacturer, or otherwise constitutes or implies endorsement, recommendation or favoring by TSTE®. 

There may be circumstances where access to the Website is provided by a hypertext link located at another website or mobile site. TSTE® has no responsibility for the content of such other web sites or mobile apps. TSTE® does not make any representations or give any warranties or conditions with respect to any information contained in or at these other websites or apps and TSTE® shall not be liable for any damages or injury arising from the content of or access to these other sites.
 
COPYRIGHT COMPLAINTS 

TSTE® deeply respects the intellectual property of others. Please contact info@spiceandtea.com  if you believe that any content on the Website constitutes an infringement of your copyrights.
 
CHOICE OF LAW 

These Conditions of Use and your use of them are governed by the laws of the State of Florida without regard to its conflict of law provisions.

TERMINATION OF USE
TSTE® may, in its sole discretion, terminate your account or your use of the TSTE® website at any time. You are personally liable for any orders that you place or charges that you incur prior to termination. Except as set forth in the Privacy Policy, TSTE® reserves the right to change, suspend or discontinue all or any aspects of the TSTE® Website at any time without prior notice.

We thank you for shopping at The Spice & Tea Exchange® for all your needs requiring gourmet spices, unique blends, gourmet teas, sea salts, sugars and more.