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Terms of Use

 

TERMS & CONDITIONS

PRIVACY AND SECURITY

We at Murchie's are committed to protecting your privacy. We use the information you provide during online purchasing to process your online orders only. We do not sell, trade or rent your personal information to others. Murchie's may release account information when we believe, in good faith, that such release is reasonably necessary to either comply with law, enforce or apply the terms of any of our user agreements or protect the rights, property or safety of Murchie's, our users, or others. We collect no other personal information about you other than what you provide during the checkout process.

PERSONAL INFORMATION COLLECTED

In order to process your online order, we require your name, email address, credit card number, expiration date, the name and billing address of your credit card, shipping address if different than your credit card billing address, and a contact phone number. This allows us to process and fulfill your order and to notify you of your order status.

PROTECTING YOUR PERSONAL INFORMATION

When you provide us your personal information to process your online order, we receive this information using a secure Internet server employing the industry standard secure transmission protocol known as SSL (Secure Socket Layer). SSL encrypts all personal information you send us, ensuring that this information is sent to us in a private and secure manner. Once received, all of your personal information is protected against unauthorized access.

A Murchie's representative will only ask you for credit card information if they are taking an order placed by phone. We will never contact you by phone or email to ask for your credit card information. If you receive a phone call or email requesting such information - DO NOT PROVIDE ANY PERSONAL OR FINANCIAL INFORMATION. Instead, contact us by phone or email and let us know that you have been contacted. A Murchie's representative may contact you by phone or email to confirm the details of your order if required for fulfillment.

CONSENT

By using our website, you consent to the collection and use of your personal information by Murchie's. If we change our Privacy Policy, we will post the changes to this page so that you are always aware of the information we collect, how we use it and under what circumstances we disclose it.

TERMS OF PURCHASE

The terms and conditions set forth in these Terms of Purchase (this "Agreement") and the Terms of Access (“Terms”) constitute the entire agreement between Murchie's Tea & Coffee (2007) Ltd. ("Murchie's") and you (the "Buyer") concerning product purchase through the Website (www.murchies.com). Capitalized terms used herein shall have the meaning as defined herein.

1. OFFER AND ACCEPTANCE

By ordering a product on the Website, Buyer shall be deemed to have made an offer to buy the specified product from Murchie's pursuant to this Agreement. The acceptance and fulfillment by Murchie's of any order placed on the Website is subject to Buyer's acceptance of all of the terms of this Agreement.

2. PRICES, AVAILABILITY AND TAXES

Prices of product on the Website are subject to change at any time without notice. All products may not be available in all areas. Product availability is subject to change at any time and Murchie's makes no representations of warranties regarding product availability. Buyer shall be responsible for any tax or other governmental charge due to the sale, use or delivery of the product, including, but not limited to, Sales Tax, Use Tax, Retailer's Occupational Tax, Gross Revenue Tax, Value Accrued or Value Added Tax, and Transportation Tax. All applicable taxes and other charges will be added to the purchase price.

3. PAYMENT

When ordering products on the Website, Buyer may use PayPal or Visa, MasterCard or American Express. Murchie's does not accept cheque, COD or PayPal payments for online orders. Our transactions are handled by Bambora, a secure and global payment platform. We use your credit card number and information to obtain a token to process the transaction. We store this token, but we will never store your credit card number. Your purchases will appear as "Murchie's Tea & Coffee" on your credit card statement.

4. SHIPPING, TITLE AND RISK OF LOSS

Murchie's will ship products using its preferred shipping providers. All sales are made F.O.B., the shipping point. Murchie's shall use reasonable efforts to process and ship orders expediently, but shall in no event be liable for any losses or damages caused by delay or non-delivery of products. Buyer shall be responsible for all shipping charges. Title and risk of loss in the products shall pass to Buyer upon Murchie's' (or its agent's) delivery to the carrier at the shipping point.

5. RETURNS, CHANGES AND CANCELLATION

If within 30 days you are not completely satisfied with your purchase or there is an error with your order or items arrive damaged, please call Customer Service at 1-800-663-0400 or email us at order@murchies.com. Please note that shipping and handling charges are non-refundable.


Prior to returning any product, please call us at 1-800-663-0400 or email order@murchies.com. All returns received without prior notification may not be processed.

6. DISCLAIMER OF WARRANTIES

SELLER MAKES NO WARRANTY, EXPRESS OR IMPLIED, CONCERNING NON INFRINGEMENT, THE PRODUCTS, OR THE MERCHANTABILITY OR FITNESS OF THE PRODUCTS FOR ANY PARTICULAR PURPOSE, AND EXPRESSLY DISCLAIMS ANY AND ALL SUCH WARRANTIES. Buyer is solely responsible for determining the suitability of the products for the uses and applications contemplated by Buyer. Buyer assumes all risks and liabilities arising out of possession, use, or resale of the products, whether used singly or in combination with other material, including, but not limited to, any risk or liability based on alleged negligence on the part of Murchie's.

7. BUYER'S REPRESENTATIONS

Buyer represents that he/she has the requisite power and authority to enter into this Agreement and to perform the obligations under this Agreement. Buyer represents that he/she has provided accurate information to Murchie's in purchasing products through the Website and that his/her offer to purchase products complies with all applicable laws. Buyer acknowledges and agrees that he/she is solely responsible for compliance with all applicable laws and regulations concerning Buyer's purchase, possession, use, or resale of the products. Buyer further represents that he/she is familiar with the characteristics of the products, and will comply with all laws, regulations, and standards applicable to the possession, handling, processing or use of the products by Buyer, including, but not limited to, the Occupational Safety & Health Act.

8. INDEMNIFICATION

Buyer shall defend, indemnify and hold Murchie's and its suppliers, including, but not limited to, their affiliates, agents, assigns, attorneys, employees, insurers, officers, predecessors, representatives, and successors, harmless from and against all claims, liabilities, costs and expenses (including, but not limited to, those related to injury or to death of Buyer or other persons) arising from or connected with (a) a breach by Buyer of this Agreement or (b) the possession, handling, use, or resale of the products by Buyer or others, including, but not limited to, any claims alleging negligence on the part of Murchie's. Murchie's may participate in the defense of any such claim for the further protection of its own interests.

9. LIMITATION OF CLAIMS

Without limiting the scope of any other terms and conditions herein, any and all claims related to products sold to Buyer through the Website shall be made within thirty (30) days after receipt of the product to which the claim relates, or if for non-delivery, after the scheduled delivery date thereof. Buyer's failure to give Murchie's written notice of any claim within the applicable time period shall constitute an absolute and unconditional waiver of such claim. In no event shall Buyer commence any action against Murchie's related to products sold to Buyer through the Website later than one year after receipt of the product giving rise to such action.

10. LIMITATION OF LIABILITY

Without limiting the scope of any other terms and conditions herein, including Murchie's' disclaimer of warranties, no claim of any kind, whether as to products delivered or for non-delivery of products, or otherwise, and whether based on contract, breach of warranty, negligence, strict liability, indemnity, contribution, or otherwise, shall be greater in amount than the purchase price of the products in respect of which damages are claimed. IN NO EVENT SHALL Murchie's BE LIABLE FOR LOSS OF BUSINESS, LOSS OF PROFITS OR GOOD WILL, OR ANY OTHER INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER BUYER'S CLAIM IS BASED ON CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, INDEMNITY, CONTRIBUTION, OR OTHERWISE, AND NOTWITHSTANDING ANY CLAIM THAT SUCH LOSSES WERE REASONABLY FORESEEABLE TO Murchie's OR ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.

11. FORCE MAJEURE

Without limiting the scope of any other terms and conditions herein, Murchie's shall not be responsible or liable for any delay or failure to deliver any or all of the products for causes beyond its reasonable control, including, but not limited to, any cause or circumstance which makes impracticable the production, transportation or delivery of the products. Murchie's may cancel an order to the extent the quantity not delivered is due to any such cause or circumstance. In no event shall Murchie's be obligated to purchase products to replace any quantity not delivered due to any such cause or circumstance. In the event of any cause or circumstance excusing Murchie's, Murchie's shall have the right to allocate any remaining product supply among its customers, including those not under contract, in a fair and reasonable manner, and Buyer hereby releases Murchie's from responsibility or liability for any resulting incomplete fulfillment of Buyer's order.

12. GENERAL

  1. No waiver by either party of any breach of any terms or conditions contained herein shall be construed as a waiver of any succeeding breach of the same or any other terms or condition herein. Nothing contained herein shall limit the remedies of Murchie's in the event of Buyer's breach of this Agreement.
  2. All notices related to this Agreement shall be in writing. The parties expressly agree that electronic communications shall be considered "writings" for all purposes under applicable law. If notice is not sent by electronic communications, notices shall be deemed given when delivered to or deposited in registered mail, first class, postage prepaid, and, if to Buyer, sent to the address identified by Buyer when registering to purchase products through the Website and, if to Murchie's, 8028 River Way, Delta, BC V4G 1K9.
  3. If any terms and conditions herein are held to be invalid or unenforceable, such holding shall not affect the validity or enforceability of any other term or condition herein.
  4. These Terms and Conditions shall be governed by and construed under the laws of Canada, without regard to conflict of laws principles. Any legal action with respect to any transaction subject to this Agreement must be commenced within one year after the cause of action has arisen. Any actions arising out of products purchased through the Website shall be commenced in the courts of Canada. Buyer agrees to submit to the jurisdiction of these courts and waives any claim that venue is improper for any reason in these courts.

13. COPYRIGHT

Please read this Copyright Notice carefully before using this site. By using this site, you signify your consent to the terms of this Copyright Notice. If you do not agree to the Terms, please exit the site.

TERMS OF ACCESS

  1. You should assume that everything you see, read or hear on this site is protected by copyright, design right and/or other intellectual property rights unless otherwise stated and may only be used in accordance with these Terms. Murchie's does not warrant or represent that your use of materials displayed on this site will not infringe rights of third parties not owned by or affiliated with Murchie's. Images, illustrations, graphics, text, etc, are either the property of Murchie's or third parties who have licensed their rights to Murchie's. The use of these materials by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms. Any unauthorized use of the images may violate copyright laws, trademark laws and/or other regulations and statutes.
  2. The trademarks, logos and designs displayed on the site, are the property of Murchie's Tea & Coffee (2007) Ltd. or third parties who have licensed their rights to Murchie's. Nothing contained on the site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the site without the written permission of Murchie's or such third party that may own the trademarks displayed on the site.
  3. You may download, print and store selected portions of the content of the site provided that you (i) only use these copies for your own personal, non-commercial use, (ii) do not copy or post the content on any network computer or broadcast the content in the media, and (iii) do not modify or alter the content in any way. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. Murchie's reserves complete title and full intellectual property rights in any content you download from this site. Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the content without obtaining written permission from Murchie's in advance.
  4. Murchie's has not reviewed all of the sites linked to this site and is not responsible for the contents of any off-site pages or any other sites linked to this site. Your linking to any other off-site pages or other sites is at your own risk.
  5. This site may contain links to other Web sites operated by third parties other than Murchie's. Such links are provided for your convenience only. Murchie's does not control such Web sites and is not responsible for their content. The fact that this site contains links to other sites does not mean that Murchie's approves of, endorses or recommends those sites, nor does it imply any association with their operators. Murchie's disclaims all warranties, express or implied, as to the accuracy, legality, reliability or validity of any content on any other site and disclaims all responsibility for any loss, injury, claim, liability or damage of any kind resulting from any third party Web sites or content therein directly or indirectly accessed through links in this site.
  6. Murchie's may at any time revise these Terms by updating this posting. You are bound by any such revision and should therefore periodically visit this page to review the current Terms to which you are bound.
  7. These Terms shall be governed by and construed under the laws of Canada, without regard to conflict of laws principles. Any legal action with respect to any transaction subject to these Terms must be commenced within one year after the cause of action has arisen. Any actions arising out of products purchased through the Website shall be commenced in the provincial or federal courts of Canada. Buyer agrees to submit to the jurisdiction of these courts and waives any claim that venue is improper for any reason in these courts.
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