Terms of service
Please read these terms and conditions prior to the use of this website.
This is the website (“Website”) of Hwa Gung Tea USA (“HGT USA”). By use of this Website you represent that you have reviewed and understand the terms and conditions set forth below and that you agree, without limitation or qualification, to be bound by the terms and conditions of this Agreement.
The terms of this Agreement may be modified at HGT USA’s sole discretion without notification. Your continued use of this Website shall constitute your consent to any changes. It is your responsibility to review the Terms of Service to each time you access HGT USA’s Website.
1. Privacy Policy. The use of this Website is subject to HGT USA’s Privacy Policy. By accessing this Website, you represent and acknowledge that you have read the Privacy Policy and consent to the terms therein.
2. Use of this Website. You acknowledge and warrant that any information you may post, transmit, or submit to HGT USA’s Website does not. (i) infringe on your rights; (ii) infringe on any third party’s rights, including without limitation intellectual property rights and confidential or proprietary information; and (iii) give rise to civil or criminal liability. Additionally, you acknowledge and warrant that you will not knowingly post, transmit or submit any information that will cause damage to either the Website or to any other user.
3. Termination or Restriction of Access. Your rights to access this Website may be terminated or restricted at any time at the sole discretion of HGT USA. HGT USA is not obligated to provide advance notice or reasons for the termination or restriction.
4. Customer Account. You are responsible for maintaining the security of your customer account on this Website. In the even that charges or damages occur as a result of your lack of reasonable care in securing your customer account or password, you agree that HGT USA will not be liable in manner and that you will be held solely responsible.
5. Intellectual Property Rights. All intellectual property displayed or otherwise accessible through this website are owned by HGT USA and third-party content suppliers. The intellectual property on this Website are protected under all applicable copyright and trademark laws of the United States and else other jurisdiction in the world. You agree not to print, copy, reproduce, publish, transmit, distribute or make any other similar use of the contents of this Website, including, but not limited to, the text, graphics, audio and visual content, and code. Notwithstanding the foregoing, you may access this website and for your personal, non-commercial use. Nothing in this Agreement shall be construed as granting you a license for anything other than your personal use to access the Website.
6. Hyperlinks. This Website may contain links to other websites that are operated by third-parties and not under the control of HGT USA. You agree that HGT USA shall not be responsible for all liabilities that may arise with respect to such third-party websites, which you may access at your own risk. HGT USA makes no representations or warranties regarding access to or content contained within websites accessible through hyperlinks on this Website.
7. Orders and Payment. When you submit an order through this Website, your order is deemed an offer to HGT USA. HGT USA reserves the right to refuse your offer at any time and for any reason, including but not limited to. (a) the availability of the products ordered (HGT USA specifically reserves the right to revise or cease to make available any of its products at any time); and (b) if the products are incorrectly described or priced on the Website. In the event that your order is cancelled, you shall receive a confirmation of the cancellation. Additionally, if your order is cancelled following payment, HGT USA will reimburse you for the full amount paid.
The third-party credit card service provider must approve all purchase made using a credit card.
You agree not to resell any products purchased under this Agreement, nor to transfer any of your rights hereunder without the prior written consent of HGT USA.
8. Shipping. HGT USA will ship your order based on the method you choose from the available options. The estimated time of the arrival of your product should be considered as an estimate only and not a guarantee. HGT USA will not be responsible for any damages due to delays in shipping.
Charges for shipping will be listed when you purchase the product from this Website. You are responsible for all federal and state taxes, and you agree to comply will all export laws that apply to the products purchased or received under this Agreement.
HGT USA uses a third-party shipping service to deliver its products. As such, HGT USA will not be liable for any loss, damages (direct or indirect), or expenses that may arise as from shipping. Title and risk of loss of each product you order shall pass to you at the moment the product is transferred to the third-party shipping service provider.
9. Return Policy. Please notify us in writing at help@hgtusa.com if any of our products do not meet your expectations. When notifying us, please include your order number and a description of the reason for the return. We will gladly exchange or refund your purchase within thirty (30) days of your receipt of the order. Please note that refunds will only be issued to the same credit card that was used for the original purchase.
10. Disclaimer. TO THE FULLEST EXTENT POSSIBLE UNDER LAW, USE OF THIS WEBSITE IS AT YOUR OWN RISK, AND HGT USA HEREBY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES (EXPRESS, IMPLIED OR STATUTORY) WITH REGARDS TO THE WEBSITE AND ANY PRODUCTS YOUR PURCHASE. THIS WEBSITE IS PROVIDED “AS IS”, AND MAY CONTAIN ERRORS, INACCURACIES, AND VIRUSES OR BUGS. THIS WEBSITE MAY NOT BE UP TO DATE, AND CANNOT BE RELIED UPON. SPECIFICALLY, HGT USA DOES NOT WARRANT THAT THE PRODUCT DESCRIPTION OR PRICING IS ACCURATE. THIS EXCLUSION APPLIES TO, BUT IS NOT LIMITED TO, WARRANTIES OF MERCHANTIBILITY, QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE. SHOULD YOU CHOOSE TO ACCESS OR DOWNLOAD ANY CONTENT FROM THIS WEBSITE, YOU AGREE TO DO SO AT YOUR OWN RISK.
11. Limitation of Liability. YOU HEREBY WAIVE ALL REMEDIES, WARRANTIES, GUARANTEES OR LIABILITES THAT ARISE FROM LAW OR OTHERWISE BASED ON YOUR ACCESS OR PURCHASE OF PRODUCTS ON THIS WEBSITE. IN NO EVENT SHALL HGT USA OR ITS OFFICERS, REPRESENTATIVES, EMPLOYEE, OR AGENTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, HOWEVER CAUSED. HGT USA AND ITS OFFICERS, REPRESENTATIVES, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR LOST PROFITS, BUSINESS INTERUPTION, ANY COMPUTER RELATED DAMAGE, OR LOSS OF DATA. HGT USA HEREBY EXCLUDES ALL LIABILITY WITH RESPECT TO THE TRANSMISSION OF VIRUSES OR BUGS. THE LIMITATIONS HERE SHALL APPLY EVEN IF HGT USA, ITS OFFICERS, REPRESENTATIVES, EMPLOYEES, OR AGENTS WERE INFORMED OF THE POSSIBLE OCCURRENCE OF THE ABOVEMENTIONED DAMAGES. HGT USA’S MAXIMUM LIABILITY SHALL IN NO EVENT EXCEED THE AMOUNT PAID BY THE PURCHASER FOR THE PRODUCT. THIS LIMITATION IS AN ESSENTIAL ELEMENT OF THE AGREEMENT BETWEEN YOU AND HGT USA.
12. Indemnification. You agree to defend, indemnify, and hold harmless HGT USA and its officers, directors, employees, representatives, and agents from any claims, lawsuits, actions, liabilities, costs, including attorneys’ fees, or any other damages that arise from your misuse of this Website or the breach of any of the provisions of this Agreement.
13. Force Majeure. You agree that HGT USA will not be in default of its obligations due to events that are out of its control ("Force Majeure Event") including but not limited to unpreventable accidents, vandalism, riots or civic commotion, delays due to shipping carriers, government orders limiting activities due to pandemics and epidemics, strikes or lockouts, terror attacks, inclement weather, and any other acts of God.
14. Miscellaneous. This Website, any use of this Website and any dispute relating thereto to or to the products purchased therein shall be governed and construed by the laws applicable to the State of California, without regard to conflict of law rules. Both HGT USA and you agree that any dispute shall take places in the exclusive jurisdiction of Orange County, California.
This Agreement and the Privacy Policy shall constitute the entire agreement between the parties and there are no other written or verbal agreements or representations relating to the subject matters described herein.
Should any provision of this Terms of Use and Shipping Policy be deemed void, invalid or unenforceable, such provision shall be severed from the Agreement, but shall not affect the validity of the other provisions. Any provision severed based on the foregoing reasons shall be replaced with one that most closely reflects of the purpose and intent of the void, invalid or unenforceable provision.