The Cozy Tea Cart

These Terms and Conditions of Use apply to The Cozy Tea Cart web site located at www.thecozyteacart.com. The Site is the property of The Cozy Tea Cart, LLC.  These Terms and Conditions of Use, together with our Privacy Policy govern your use of the Company’s Site. 

BY USING THIS SITE, YOU AGREE TO THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT AGREE, DO NOT USE THE SITE. 

The Cozy Tea Cart reserves the right to modify these Terms of Use at any time. It is your responsibility to check these Terms of Use regularly to take notice of any changes we may have made. Your continued use of the Site constitutes your agreement to our then-current Terms of Use. As long as you comply with these Terms and Conditions of Use, The Cozy Tea Cart grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site. 

Prohibitions 

You must not misuse this Site. You may not commit a criminal offense, transmit or distribute a virus, Trojan, worm, logic bomb or any other material which is malicious or technologically harmful. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the Site, and that you will not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site, or any transaction being conducted on the Site, or with any other person’s use of the Site. 

You agree that The Cozy Tea Cart may, in its sole discretion and without prior notice, terminate you access to the Site and/or block your future access to the Site if we determine that you have violated these Terms and Conditions of Use. 

The Cozy Tea Cart will not be liable for any loss or damages caused by a denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the site, or any websites linked to it. 

Terms of Sale 

By placing an order, you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Products of comparable quality may be substituted for products ordered. Items will be shipped upon receipt of full payment of product cost, shipping, and any applicable sales, excise or similar tax.  The Cozy Tea Cart reserves the right to refuse any order made by you. When your order is received, we will inform you by email. 

Risk of Loss, Inspection 

Shipping times may vary according to availability and subject to delays resulting from postal delays or force majeure for which we will not be responsible. Unless otherwise specified in writing, all domestic shipments shall be delivered FOB The Cozy Tea Cart. Therefore, title to and risk of loss of the products will pass to the buyer upon such delivery by The Cozy Tea Cart.  Any stated delivery dates are approximate. The Cozy Tea Cart shall not be liable for any losses, damages, penalties or expenses for failure to meet any delivery date. 

You must inspect the products promptly upon receipt for non-conformity of your order with respect to quantity, quality, and/or defects. Failure to provide The Cozy Tea Cart with notice of a claim within 5 days from the date of delivery constitutes a waiver by you of all claims with respect to such products. 

Return Policy 

We always try to provide the highest quality products, but if there is a defect in any product from The Cozy Tea Cart, we will replace it or refund your money if you submit a claim as set out in the above section (Risk of Loss, Inspection), and use the following procedures. 

• You will need to obtain our express permission, in writing, or by email or phone to return product. 
• Any return must occur within 30 days of our granting such permission (hereinafter referred to as “Return Period”). 
• •All return shipments must contain a copy of the original receipt, a note describing the permission of return granted by The Cozy Tea Cart and also indicate the cause and nature of any product defect. 
• All returns to The Cozy Tea Cart must be shipped via USPS or UPS and accompanied with copies of the original invoice. 

If The Cozy Tea Cart does not receive all of the above information within the Return Period, The Cozy Tea Cart shall return all products to you, at your sole expense. Final disposition of any return credit shall be based solely on The Cozy Tea Cart’s evaluation of the product. 

Information Accuracy and Price Modifications 

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. 

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the service without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of product. 

Errors, Inaccuracies and Omissions 

Occasionally there may be information on our site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information on the website, if it is inaccurate at any time without prior notice (including after you have submitted your order). 

Indemnification 

You agree to indemnify, defend and hold harmless The Cozy Tea Cart and our affiliates, partners, officers, contractors, service providers, suppliers, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions of Use or your violation of any law or the rights of a third-party. 

Miscellaneous 

No waiver shall be deemed to occur as a result of the failure to enforce any term or condition of this agreement. No waiver by us of any term in this agreement or any breach shall constitute or be deemed to be a waiver of any such term or any such breach in any other case. If any clause or portion hereof shall be held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining clauses or portions shall remain in full force and effect. 

Complaints 

We would like to try to resolve disputes when they first arise. Please let us know of any complaints or comments. 

Changes to Terms and Conditions of Use 

You can review the most current version of the Terms and Conditions of Use at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions of Use by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website following the posting of any changes to these Terms and Conditions of Use constitutes acceptance of those changes. 

This version of the The Cozy Tea Cart’s Terms and Conditions of Use was updated on May 8, 2024. If you have any questions or concerns about our Terms and Conditions of Use, please contact us at 603-249-9111. 

Warranties 

THE COZY TEA CART MAKES NO WARRANTY OF ANY KIND REGARDING THE SALE OF ITS GOODS, THE SITE, ANY CONTENT PROVIDED ON THIS SITE, ALL OF WHICH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COZY TEA CART HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. 

THERE IS NO WARRANTY THAT (i) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE, ITS SERVERS OR ANY E-MAIL SENT FROM THE COZY TEA CART ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 

SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC RIGHTS WHICH VARY FROM STATE TO STATE. 

Limitation of Liability 

IN NO EVENT SHALL THE COZY TEA CART BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS) ARISNG OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS IT CONTEMPLATES. 

IF, NOTWITHSTANDING THE FOREGOING, THE COZY TEA CART SHOULD BE FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH THIS AGREEMENT, THE LIABILITY OF THE COZY TEA CART SHALL IN NO EVENT EXCEED THE PRICE THE BUYER PAID TO THE COZY TEA CART FOR THE SPECIFIC GOODS PROVIDED BY THE SELLER GIVING RISE TO THE CLAIM OR CAUSE OF ACTION. 

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