Terms and Conditions

  • Terms and Conditions of Use

    OVERVIEW
    This “website” (www.cupofpersonalitea.com) is operated by Cup of Personalitea (ABN: 26 603 544 825), to whom throughout the site the terms “our” “us”, and ‘we” refers to. We provide this website to you, the user, subject to your acceptance and adherence to our Terms and Conditions as stated here. Your use of our website and services constitutes an agreement whereby you are bound to comply with these Terms and Conditions of Service.

    We reserve the right to amend our terms and conditions; and may at times add additional website features, which will also be subject to these service agreements. Your ongoing use of our website constitutes agreement to such modifications.

    These Terms and Conditions are under the jurisdiction of the laws and courts of the state of Victoria, Australia.

    INTELLECTUAL PROPERTY
    As a user of our website, you agree to not replicate our website and its content; resell our products; and exploit any of our products and services. Our website and its content and services are protected by copyright laws. Only upon prior written permission by us, may some elements be shared for commercial and public use.

    INDEMNITY, SERVERENCE AND TERMINATION
    Whilst we endeavour to provide you with accurate, current, and complete information, there may at times be information within our website that does not fulfil these standards. We reserve the right to modify our information in order to amend any inaccuracies, errors, or omissions, in regards to content, products and services, without prior notice.

    In no instance shall we be liable for any claim, harm or loss that may arise directly, indirectly, incidentally, punitively, or consequentially arising from your use of any of our content, services or products.

    As a user of our website, you agree to defend, indemnify and state harmlessness, Cup of Personalitea from any claim or demand formed by yourself, or a third-party, arising from an outcome of your breach of these Terms and Conditions.

    Should any aspect of these Terms and Conditions be deemed null and void, corrective action will be taken on our part, to comply.

    As a user, you may terminate these Terms and Conditions by removing your membership status, and/or ceasing to use our website. If we consider you to have been non-compliant with your user agreement, we may terminate your rights of access.

    USER CONDUCT
    It is a condition of your agreement as a user of our website, that your use and access of our services not impede or inhibit on the enjoyment of any other user or us, in utilising our services, through posting or transmitting any content deemed unlawful, exploiting, libellous, sinister, objectionable, or obscene. You must also not insert computer virus or other technological harms that could affect the operation of our services or systems.

    We reserve the right to refuse, edit, or remove any content that in our sole discretion is in violation to our Terms and Conditions.

    There may be instances where user contributions (including but not limited to; feedback, ideas, comments and images) are edited (for the purpose of rephrasing or correcting grammar) and published to serve as an asset to us. In providing this contribution, you agree to this, and under the conditions that we are under no obligation to notify you of its reproduction, compensate you, or respond to any comments.

    MEMBERSHIP AND SUBSCRIPTION
    You are termed as “Member” of our website when you subscribe to our Newsletter/e-mail notification list, and/or register as a user. “Membership” refers to your relationship and agreement with us. By signing up a Member, you agree to these Terms and Conditions. We reserve the right to terminate any membership which we deem to violate any our outlined Terms and Conditions.

    PRODUCTS AND SERVICES
    Every effort has been made by us to provide you accurate and detailed description, image display and conditions of our products and services. We do not warrant however, that all product information is complete, current, free of errors, or true to your expectation, at all times. Furthermore, whilst our products are considered free of common allergens, we cannot ensure that complete absence of cross-contamination is guaranteed. If you are uncertain about the safe-consumption of a product, we recommend seeking medical advice from health professionals before consuming.

    We do not warrant that your access to our website will be uninterrupted, and that the website or server involved in transmitting and/or storing your information or our content, will be free of technological viruses or other such harm.

    As such, we deem a purchase between a customer and us to only be considered successful and complete when the order has been accepted and processed with payment, and confirmation provided.

  • Privacy Policy

    OVERVIEW
    We value the support of those using our website and services, and so endeavour to ensure your privacy is upheld to the level outlined in the Commonwealth Privacy Act, within the National Privacy Principles we are bound to.

    COLLECTION, USE, STORAGE, AND ACCESS OF YOUR INFORMATION
    In becoming a Member, or purchasing from our online shop, your information is collected. This includes the personal details you provide us in completing forms and fields, as well as your analytic data, including (functional and performance) cookies. Personal data is collected to provide you with the full benefits of our Member and guest services, such as receiving e-mails, notifications, and/or to also fulfil your order. Analytics captured include information about your browser, network, and device; previously viewed webpages, your computer’s internal protocol (IP) address; and your use of the website. These analytics are de-personalised, and are shared only with our website provider. They enable our website to be displayed correctly, assist us to learn about our site traffic and activity, and ensure your security. These features in turn, further enables us to adapt our service delivery to better suit our valued website users. If you prefer to decline our access to performance cookies, you may configure your browser to not accept these cookies. For lengthy details regarding which cookies our website uses, read here. Our third-party service providers may be contacted for similar information regarding their, if any, cookies applied.

    By viewing our website and completing purchases, you consent to our collection of this information, and that you are of permitted age (or a consented minor), and agree to provide us with information that is true and accurate.

    You hold the responsibility of preserving the confidentiality of your registered data, and for restricting external user access to your log-in details.

    Other means of information collection we utilise are our alternative contact avenues, such as e-mail, telephone, post, or online enquiry and messenger systems. Information received via these means is also stored, to support us in providing you with the best customer care. All information and data is stored with high security to ensure privacy of your personal information. Our website utilises secure socket layer technology (SSL) to encrypt sensitive information. This includes credit card details, which are not kept by us, but rather are passed on to be processed as required by third-party payment transaction providers. During all transmission of information industry standards are adhered to, to protect your personal information. If you feel your privacy has been breached, or suspect suspicious activity, please refer to our ‘Contact Information’ section, and inform us immediately.

    You have the right, and ability, to access your information at all times, via your Member login page, or via contacting us for your stored details. In accordance with these Terms and Conditions, you must update your personal information when your details change, so we can ensure your privacy protection is accurate. If you wish to remove yourself from our Membership agreement, you may ‘unsubscribe’ at any point via the quick link in any of our sent e-mail footers, or contact us with your request.

    If required by law, we may disclose your personal information.

    THIRD PARTIES
    Some of the services available on our website are provided by third-party providers. This includes payment gateways, transaction processors, analytic programs, and e-mail newsletter support systems. Their involvement is to only collect, use and communicate your information to the extent necessary to enable their processes to be performed in accordance to the service they provide us.

    Whilst information is secure, and payment information encrypted, as we do not control the actions of these providers, your agreement to use these is bound within these Terms and Conditions. We may also display third-party links which direct you to external websites.

    We hold no liability in regards to your use of such third-party services, and recommend that you read their privacy policies.

  • Billing and accepted payment methods

    OVERVIEW
    • We reserve the right to refuse of decline any order placed with us, should we deem such order to be placed by a customer who appears to be a reseller or distributor of their purchased product/s. In the event of such order-cancellation of our part, we will attempt to provide notification via the customers supplied contact details.

    • As a customer, upon purchase you agree to provide us with accurate purchase information, supported by current and complete account information. It is the customers responsibility to ensure all saved information (as per our members portal) is up to date, so that transactions and our attempts to contact can proceed without error.

    • The prices of our products are shown in Australian Dollar (AUD), and will be sold as per this currency, inclusive of GST where relevant. Pricings and descriptions of our products and service may be subject to change without notice.

    • All payments are to be processed and completed at time of purchase.

    • Currently accepted payment methods include PayPal, which is directly via website, and Square, which operates externally, with hyperlinks throughout the website, directing your payment to this third party store. Square payments accepted include Visa and Master cards, and may encounter surcharge fees.

    • Our physical Market Stalls utilise Square Reader for processing payments.

  • Shipping and Postage

    OVERVIEW
    A flat-rate shipping fee applies to all orders, unless “Pick Up” (local collection from a physical address) is selected by the customer. This fee covers the cost imposed to us for delivery, and is charged in line with current Australia Post costs, for ‘own packaging up to 500g’.

    • At times, discount codes and sales can be applied to shipping costs.

    • Gift card balances are applied to shipping costs.

    • Every effort is made to dispatch orders within two business days of payment being received.

    • We are unable to provide an ‘express postage’ option at this point in time.

    • Presently we only utilise Australia Post as a delivery service provider; as such, our costs simply reflect their current prices.

    • We do not ship to overseas addresses.

    • The customer will be notified of their order’s tracking number in a “order fulfillment” e-mail, which will be sent once the order has been shipped.

    • Delivery times are based on Australia Post estimations. Generally, average delivery is three to seven business days, however we encourage you to refer to Australia Post’s website, or your local Australia Post office, for current and more accurate estimates.

    If Pick Up has been selected, you will be sent an e-mail update when your order is ready for collection. This e-mail will include instructions for arranging pick up time. We will do our best to agree on a time which works for you. Proof of purchase and ID are required for collection.

  • Returns Policy

    OVERVIEW
    We understand some personalities prompt changes of mind, or impulsive decisions to take place. If you wish to exchange or refund your purchase, please note the below conditions for returns:

    • Our return policy is valid for purchased teas, infusers, spoons and cups, within 14 days of purchase.

    • Sale items will not be accepted under the returns policy.

    • Accessories cannot be returned or refunded due to hygiene restrictions.

    • Exchanges will only take place when the item/s delivered was incorrect on our part. In this instance, we will cover the cost of shipping the correct item/s to you.

    • If you wish us to exchange or refund your purchase, please contact us via hello@personalitea.com with your request, and proving reasoning for your request. You will receive a response from us via reply e-mail within 48 hours outlining if your refund reason has been accepted or not, and how best we can resolve the situation. If your request is accepted:

    • Your purchased item/s must be received by us in unused condition, in the original packaging and unopened, within the above outlined 14 day period.

    • The cost of return-shipping is to be paid by the customer.

    • Please note that the initial shipping cost is not-refundable; only the product price/s will be refunded.

    • The refund payment will be provided to the original method of payment (including gift card redemption).

    • The refunded payments or exchange of items will only be processed on our part upon receiving of your returned purchase, and will be fulfilled from our end within two business days. It may take longer for your refunded payment to be received, depending upon your banks processing times.

    • We take all care to provide our valued customers with their purchased products in the best condition. If you receive your purchase in poor condition, please contact us via hello@cupofpersonalitea.com so we can work with you to resolve your disappointment.

  • Gift Cards

    OVERVIEW
    Gift cards are available to purchase through our website and conform to all Terms and Conditions as per our physical products. Gift card limitations are outlined below.

    PURCHASE OF A GIFT CARD
    • Gift cards can only be purchased in monetary amounts as per our website, and in AUD.

    • Gift cards can only be purchased, and applied online via our website.

    • Gift cards will be received by the customer (or gift recipient as per the customer directive) in digital format via e-mail.

    • Gift cards are given a unique, one-time-use, code, sent within the confirmation/gift e-mail.

    • Our gift cards have no expiry date. Should we cease to operate, every effort will be made to contact gift card purchasers/recipients to notify of such ahead of time, so that gift cards can be applied before cessation of operation.

    • Gift cards cannot be purchased under sale conditions or using discount codes.

    • When purchasing a gift card, the customer will be directed automatically to the checkout page; gift cards cannot be purchased simultaneously with other, physical, cart items.

    • The resale of gift cards is prohibited, unless given prior written consent from us. Only then will a gift card be able to be onwardly sold, but or the credit value of the original purchased amount.

    • Gift cards cannot be re-loaded; that is, credit can only be applied once to any given unique gift card code.

    • Gift cards must not be used in any affiliated manner without our prior written consent.

    REDEEMING GIFT CARDS
    • Gift card “redemption” (reducing the credit allocated the card in exchange for our product/s) can only be applied online via our website.

    • Redemption can be applied to any of our available products online, including sale items and those subject to discount codes.

    • A gift card cane be redeemed by entering the unique code at checkout.

    • A gift card’s value will be subtracted at checkout from the order total. This includes GST (if relevant) and shipping.

    • Where the price of purchase exceeds the gift card “balance” (remaining or unspent credit), the customer must pay the exceeding balance by an alternative accepted payment method.

    • Where the price of the purchase is lesser than the gift card balance, the remaining balance will remain on the card, and will be able to be redeemed at a later time.

    • It is not possible to redeem only a portion of a gift card balance, unless the order total is less than the gift card balance.

    • More than one gift card can be redeemed in any one purchase.

    • Gift card values cannot be exchanged for cash.

    • Only the customer/gift recipient can redeem the gift card, we cannot do so on your/their behalf.

    CHECKING GIFT CARD BALANCES
    The customer/gift recipient will receive an initial email with the gift card balance. If this value has been forgotten, or if a prior purchase has been made, once the gift card code has been entered at checkout, the remaining balance (if any) will be displayed.

    LOST, STOLEN, OR DAMAGED GIFT CARDS
    • If a gift card (e-mail) is lost, we can resend the gift email notification.

    • We do not take any responsibility should an e-mail address be entered in incorrectly by the customer at the time of purchase. We cannot guarantee that if it was sent to a valid external e-mail in error, that the holder of that e-mail account will not apply the gift card code themselves.

    • We are under no obligation to replace, reimburse or refund lost, stolen or damaged gift cards.

    • Should we be found to be the cause of a faulty or damaged gift card, replacement can be considered.