Terms of service

OVERVIEW

Welcome to Diamond Tea Bar!

The terms “we,” “us,” and “our” refer to Diamond Tea Bar. Diamond Tea Bar operates this store and website, including all related information, content, features, tools, products, and services in order to provide you, the customer, with a curated shopping experience (the “Services”). Diamond Tea Bar is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service, together with any policies referenced herein (collectively, the “Terms”), describe your rights and responsibilities when you use the Services.

Please read these Terms carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms or our Privacy Policy, you should not use or access the Services.

SECTION 1 — ACCESS AND ACCOUNT

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, and that you have given your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.

To use the Services, including browsing our online store or purchasing products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information.

You represent and warrant that all information you provide through our store is correct, current, and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all activity associated with your account. You may not transfer, sell, assign, or license your account to another person.

SECTION 2 — OUR PRODUCTS

We make reasonable efforts to accurately describe and photograph the teas and other products offered through our Services. However, product colors and appearance may vary depending on your device, display settings, lighting, and the natural characteristics of the product.

Tea is an agricultural product, and natural variation may occur between batches, harvests, individual leaves, cakes, bricks, packets, and other forms.

Vintage and aged teas may also show normal variations in wrapper condition, compression, aroma, appearance, leaf characteristics, and weight resulting from age, storage, production methods, and moisture changes over time. Such natural variations are not considered defects when they are consistent with the product description and photographs.

For products sold by weight, including tea samples and portions taken from larger cakes, bricks, tins, or packages, minor variations may occur due to normal weighing and packaging tolerances.

We do not guarantee that the appearance or qualities of a product will exactly match images displayed on your particular screen or meet every individual preference or expectation.

Product descriptions, availability, packaging, and specifications may change without notice. We reserve the right to discontinue any product at any time and may limit quantities offered to any person, geographic region, or jurisdiction.

SECTION 3 — ORDERS

When you place an order, you are making an offer to purchase.

Diamond Tea Bar reserves the right to accept or decline your order for any lawful reason at our discretion. Your order is not accepted until Diamond Tea Bar confirms acceptance. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting it. If you need to change or cancel an order, contact us as soon as possible. We may be unable to accommodate cancellation or modification requests after an order has entered fulfillment or has shipped.

If we do not accept an order, make a material change to an order, or cancel an order, we will attempt to notify you using the email address, billing address, shipping address, or telephone number provided with the order.

Purchases, returns, refunds, exchanges, and cancellations are subject to our Return & Refund Policy.

SECTION 4 — PRICES AND BILLING

Prices, discounts, and promotions are subject to change without notice.

The price charged for a product or service will be the price in effect at the time the order is placed and will be reflected in your order confirmation.

Unless otherwise expressly stated, posted prices do not include applicable taxes, shipping, handling, customs, duties, or import charges.

Prices posted through our online store may differ from prices offered through physical locations, marketplaces, events, or third-party channels.

We may offer promotions from time to time that are governed by additional terms and conditions. If there is a conflict between the terms of a specific promotion and these Terms, the promotional terms will govern with respect to that promotion.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made through our store.

You agree to promptly update your account and other information, including your email address and payment information, so that we can complete transactions and contact you as needed.

You represent and warrant that:

Payment information you provide is true, correct, and complete;
You are authorized to use the payment method provided;
Charges incurred by you will be honored by your payment provider; and
You will pay all charges incurred at the posted prices, including applicable shipping, handling, taxes, and other charges.

SECTION 5 — SHIPPING AND DELIVERY

Shipping and delivery times provided through the Services are estimates and are not guaranteed.

Delivery may be affected by carrier delays, weather, customs processing, incorrect or incomplete addresses, holidays, or other circumstances outside our reasonable control.

We are not responsible for delays caused solely by shipping carriers or events outside our control.

However, if your order arrives damaged, contains the wrong item, or appears to have been lost in transit, please contact us at info@diamondteabar.com so that we can review the situation and assist you in accordance with our Shipping Policy and Return & Refund Policy.

Customers are responsible for providing an accurate and complete shipping address. Additional shipping charges resulting from an incorrect or incomplete address may be the responsibility of the customer where permitted by law.

Risk of loss and ownership of products will transfer as provided under applicable law.

SECTION 6 — INTELLECTUAL PROPERTY

Our Services, including but not limited to trademarks, brands, text, displays, images, graphics, product reviews, video, audio, and the design, selection, and arrangement thereof, are owned by Diamond Tea Bar, its affiliates, or licensors and are protected by U.S. and foreign copyright, trademark, patent, and other intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only.

You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit material from the Services without our prior written consent, except where otherwise permitted by law.

Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property belonging to Diamond Tea Bar, Shopify, or any third party.

Unauthorized use of the Services may violate federal, state, or other intellectual property laws. All rights not expressly granted are reserved.

Diamond Tea Bar’s names, logos, product and service names, designs, and slogans are trademarks of Diamond Tea Bar or its affiliates or licensors and may not be used without prior written permission.

Shopify’s name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans appearing through the Services are trademarks of their respective owners.

SECTION 7 — OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services over which we may have limited or no monitoring, control, or input.

You acknowledge and agree that access to such tools may be provided “as is” and “as available” without warranties, representations, or conditions of any kind and without endorsement.

To the fullest extent permitted by law, we shall have no liability arising from or relating to your use of optional third-party tools.

Any use of optional tools offered through the Services is at your own risk and discretion. You should review and understand the terms under which the relevant third-party provider offers those tools.

We may also offer new features, tools, or resources through the Services in the future. Such features will also be considered part of the Services and subject to these Terms.

SECTION 8 — THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties, including embedded third-party functionality.

We are not responsible for examining or evaluating the content, policies, practices, products, services, or accuracy of third-party websites.

If you leave the Services to access third-party websites or materials, you do so at your own risk.

We are not liable for harm or damages related to your use of third-party websites or your purchase or use of products, services, resources, or content offered through those websites.

Please carefully review third-party policies and practices before engaging in transactions with them.

Questions or complaints concerning third-party products and services should be directed to the applicable third party.

SECTION 9 — RELATIONSHIP WITH SHOPIFY

Diamond Tea Bar is powered by Shopify, which enables us to provide the Services to you.

However, sales and purchases you make through our store are made directly with Diamond Tea Bar.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Diamond Tea Bar, including any injury, damage, or loss resulting from purchased products or services.

To the extent permitted by applicable law, you release Shopify and its affiliates from claims, damages, and liabilities arising from or relating to your purchases and transactions with Diamond Tea Bar.

SECTION 10 — PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy.

Certain personal information may also be subject to Shopify’s Privacy Policy.

By using the Services, you acknowledge that you have read the applicable privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes certain personal information relating to your access to and use of the Services in order to provide and improve the Services.

Information you submit through the Services may be transmitted to and shared with Shopify and other third-party service providers, including providers located in countries other than your country of residence, as necessary to provide the Services.

Please review our Privacy Policy for additional information about how Diamond Tea Bar, Shopify, and our service providers collect, use, disclose, and process personal information.

SECTION 11 — FEEDBACK

If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, photographs, or other content to us (“Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any lawful purpose, including commercial use.

We may use Feedback to operate, evaluate, enhance, improve, and promote the Services.

You represent and warrant that:

You own or have all necessary rights to the Feedback;
You have disclosed any compensation or incentives received in connection with your Feedback; and
Your Feedback complies with these Terms and applicable law.

We are under no obligation to:

Maintain Feedback in confidence;
Pay compensation for Feedback; or
Respond to Feedback.

We may, but are not obligated to, monitor, edit, or remove Feedback that we determine is unlawful, offensive, threatening, libelous, defamatory, obscene, infringing, or otherwise objectionable.

You agree that your Feedback will not violate the rights of any third party, including copyright, trademark, privacy, personality, or other proprietary rights.

You may not use a false email address, impersonate another person, or otherwise mislead us or third parties regarding the origin of Feedback.

You are solely responsible for the Feedback you submit and its accuracy. To the extent permitted by law, we assume no liability for Feedback submitted by you or third parties.

SECTION 12 — ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information available through the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, availability, or other information.

We reserve the right to correct errors, inaccuracies, or omissions and to change or update information or cancel orders if information is inaccurate, including after an order has been submitted, subject to applicable law.

SECTION 13 — PROHIBITED USES

You may access and use the Services for lawful purposes only.

You may not access or use the Services, directly or indirectly:

For any unlawful or malicious purpose;
To violate any international, federal, state, provincial, or local law or regulation;
To infringe or violate our intellectual property rights or the rights of others;
To harass, abuse, insult, harm, defame, slander, disparage, or intimidate another person;
To transmit false or misleading information;
To send or distribute material that does not comply with these Terms;
To transmit unauthorized advertising or promotional material, including spam, junk mail, or chain letters;
To impersonate another person or entity; or
To engage in conduct that restricts or inhibits another person’s use or enjoyment of the Services or that may harm Diamond Tea Bar, Shopify, or users of the Services.

In addition, you agree not to:

Upload or transmit viruses or malicious code;
Reproduce, duplicate, copy, extract, sell, resell, or exploit unauthorized portions of the Services;
Collect or track personal information about others without authorization;
Spam, phish, pharm, pretext, or engage in similar deceptive practices;
Use robots, spiders, scraping tools, data-gathering tools, automated processes, AI agents, or other automated or manual methods to access the Services in violation of our instructions or technical restrictions; or
Interfere with, bypass, or circumvent security, authorization, robot-exclusion, or other measures used to restrict or manage access to the Services.

We reserve the right to suspend, disable, or terminate access to the Services if we determine that these Terms have been violated.

SECTION 14 — AGENTS

For purposes of this section, an “Agent” means software or a service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, a person or entity and that can execute actions without continuous direct supervision.

No Agent may access, use, or interact with the Services unless it identifies itself and operates in accordance with applicable requirements and technical restrictions.

We may limit, including through technical measures, whether and how an Agent accesses, uses, or interacts with the Services.

Agents must:

Clearly identify that requests originate from an Agent and disclose the Agent’s name through appropriate technical identification methods;
Not conceal or obfuscate that access or interactions originate from an Agent;
Not mimic human behavior for the purpose of circumventing technical protections;
Not complete or circumvent CAPTCHAs or other measures intended to distinguish automated activity from human activity;
Respond truthfully to requests seeking to determine whether an interaction originates from a human or computer; and
Not circumvent measures intended to block, limit, modify, or control automated access to the Services.

SECTION 15 — TERMINATION

We may terminate this agreement or your access to the Services, or any portion thereof, in our discretion where permitted by law.

You will remain responsible for amounts properly due up to and including the date of termination.

Provisions that by their nature should survive termination will remain in effect, including provisions relating to Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Governing Law, and Privacy.

SECTION 16 — DISCLAIMER OF WARRANTIES

Information presented through the Services is made available primarily for general informational purposes.

We do not warrant the accuracy, completeness, or usefulness of all information displayed through the Services. Any reliance you place on such materials is at your own risk to the extent permitted by applicable law.

EXCEPT AS EXPRESSLY STATED BY DIAMOND TEA BAR OR REQUIRED BY APPLICABLE LAW, THE SERVICES AND PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, OR NON-INFRINGEMENT.

WE DO NOT GUARANTEE THAT USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS, SO SOME OF THE ABOVE PROVISIONS MAY NOT APPLY TO YOU.

SECTION 17 — LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, DIAMOND TEA BAR, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, AND SHOPIFY AND ITS AFFILIATES, SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, OR REPLACEMENT COSTS ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS PROCURED THROUGH THE SERVICES.

NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

SECTION 18 — INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Diamond Tea Bar, Shopify, and our respective affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from losses, damages, liabilities, claims, and reasonable attorneys’ fees payable to third parties arising out of:

Your breach of these Terms or documents incorporated by reference;
Your violation of applicable law or the rights of a third party; or
Your misuse of the Services.

We will provide reasonable notice of an indemnifiable claim where practicable.

We may control the defense and settlement of such a claim at your expense, including selection of counsel, provided we will not agree to a settlement imposing non-monetary obligations on you without your reasonable consent.

You agree to reasonably cooperate in the defense of indemnified claims.

SECTION 19 — SEVERABILITY

If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision will be enforceable to the fullest extent permitted by applicable law.

Any unenforceable portion will be deemed severed from these Terms without affecting the validity and enforceability of the remaining provisions.

SECTION 20 — WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

These Terms and any policies or operating rules posted by us concerning the Services constitute the entire agreement and understanding between you and us regarding use of the Services and supersede prior or contemporaneous agreements, communications, and proposals relating to the same subject matter.

Any ambiguities in interpreting these Terms will not automatically be construed against the drafting party.

SECTION 21 — ASSIGNMENT

You may not delegate, transfer, or assign these Terms or your rights or obligations under these Terms without our prior written consent, and any unauthorized attempt to do so will be void.

We may transfer, assign, or delegate these Terms and our rights and obligations where permitted by applicable law.

SECTION 22 — GOVERNING LAW

These Terms and any separate agreements through which we provide the Services shall be governed by and construed in accordance with the laws of the State of California and applicable federal laws of the United States, without regard to conflict-of-law principles.

To the extent permitted by applicable law, you and Diamond Tea Bar consent to the jurisdiction and venue of the appropriate state and federal courts located in California for disputes arising from or relating to these Terms or the Services.

Nothing in this section limits consumer rights that cannot be waived under applicable law.

SECTION 23 — HEADINGS

The headings used in these Terms are included for convenience only and will not limit or otherwise affect interpretation of these Terms.

SECTION 24 — CHANGES TO TERMS OF SERVICE

You can review the most current version of these Terms of Service at any time on this page.

We reserve the right, in our discretion and subject to applicable law, to update, change, or replace any portion of these Terms by posting updates or changes to our website.

Where required by law, we will provide appropriate notice of material changes.

Changes will become effective on the date specified in the notice or, if no date is specified, when posted.

Your continued use of the Services following an effective change constitutes acceptance of the updated Terms to the extent permitted by law.