Terms and Conditions of Use

Last updated: Feb 26, 2024


Welcome to the shopping website of Numi, Inc. P.B.C. (“Numi,” "We," "Us" or "Our") located at www.numitea.com (the "Website"). The following terms and conditions of use, in conjunction with the Numi Privacy Policy, which is available at www.numitea.com/pages/privacy-policy, govern all use of the Website. The Website and the services and features offered through the Website (the "Services") are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies, including, without limitation, the Numi Privacy Policy and procedures that may be published from time to time on this Website by Numi  (collectively, the "Agreement").

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, each user ("You", Your" or "User") agrees to the terms and conditions of this Agreement. If You do not agree to all the terms and conditions of this Agreement, you should not access the Website or use any Services made available via the Website.

Registration and Your Account

We may require a Website user to register to use certain features of the Website. When You register to use such features of the Website, You must provide complete and accurate information. You agree to maintain your information and update it as appropriate. When you first login to Numi's new Shopify Website, you may be prompted to create a password, even if you previously created a password on Numi’s old website at Shop.NumiTea.com. You are responsible for maintaining the security of your account and your passwords and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify Numi of any unauthorized uses of your account or any other breaches of security. Numi will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.  Your registration and password information are subject to the Numi  Privacy Policy, which is available at www.numitea.com/pages/privacy-policy.

Accuracy of Information 

We attempt to ensure that information on the Site is complete, accurate and current.  Despite our efforts, the information on this Site may occasionally be incomplete, inaccurate or out of date. We make no representation as to the completeness, accuracy or currentness of any information on this Site. 

License and Site Access

Subject to Your compliance with these Terms and Conditions of Use, Numi grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Website Services. This license does not include the right to any resale or commercial use of any Service or the Website contents; any collection and use of any product listings, images, descriptions, or prices; any derivative use of any Website Service or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to You in these Terms and Conditions of Use or any Service Terms are reserved and retained by Numi or its licensors, suppliers, rights holders, or other content providers. None of the Services, nor any part of any of the Services, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Numi.

Electronic Communications 

When you visit this site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email, phone or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that we may send an email to you for the purpose of advising you of changes or additions to this site, about any of our products or services, or for such other purposes as we deem appropriate.

Content and Copyright, Trademark, and Related Issues

The contents, including information, text, images and graphics and all other material contained on the Website or features and functions made available on the Website (collectively, the “Content”) are for Your personal informational purposes only. The Content is owned by Numi or other third parties who have licensed their rights in Content to Numi. You may view or download a single copy of the Content solely for Your personal, non-commercial use. You must not delete or alter any copyright or other notice We place on any Content. Content is owned by Us or Our licensors or other users and is protected by copyright, trademark and other laws and regulations of the United States and foreign laws.

You shall not, nor will You allow any third party (whether or not for Your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any Content without the express prior written consent of Numi. You may not use Content in any way not expressly permitted by these Terms of Use and if You do, Your right to use the Content will automatically terminate. The Content, and the Site generally, are subject to change or termination without advance notice. Notice of any material changes to the Terms and Conditions of Use will be posted at the top of the Terms and Conditions of Use.

The trademarks, names, slogans, logos, characters and service marks (collectively “Trademarks”) displayed on the Site belong to Numi or have been licensed to Numi. Nothing contained on the Website should be construed as granting You any license or right to use any Trademark displayed on the Website. Your use/misuse of the Trademarks displayed on the Website, except as provided in these Terms of Use, is strictly prohibited.

Intended Audience of Websites

The Website is not directed to users residing in the European Union (EU) or European Economic Area (EEA), or children under the age of 13. As a result, the Website does not request or knowingly collect personal data from individuals residing in the EU/EEA or under the age of 13. If You reside in the EU/EEA or are not 13 or older, You should not visit or use the Website. If We learn that personally identifiable information of persons residing in the EU/EEAA or under 13 years of age has been collected on the Website inadvertently or without verified parental consent, We will take appropriate steps to delete the information. Numi reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

Reviews, Comments, Communications, and Other Content

Visitors may post reviews, comments, and other content to the Website or send communications and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." We reserve the right (but not the obligation) to remove or edit such content, but We do not regularly review posted content.

If You post content or submit material, and unless We indicate otherwise, You grant Numi a royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Numi and its sub licensees the right to use the name that You submit in connection with such content, if they choose. You represent and warrant that You own or otherwise control all of the rights to the content that You post; that the content is accurate; that use of the content You supply does not violate this policy and will not cause injury to any person or entity; and that You will indemnify Numi for all claims resulting from content You supply. Numi has the right but not the obligation to monitor and edit or remove any activity or content. Numi takes no responsibility and assume no liability for any content posted by You or any third party.

Linking to this Site/Third Party Links on Our Website

The Website may contain links to the websites of other parties. Numi is not responsible for such websites’ Terms of Use or Privacy Policies or how they may treat Your information. Your use of third-party websites is at Your own risk and subject to the terms of use and privacy policies of such sites.

Returns, Refunds and Title

Numi does not take title to returned items until the item arrives at the Numi returns center.  At Our discretion, a refund may be issued without requiring a return. In this situation, Numi does not take title to the refunded item. For more information about our returns and refunds, please see www.numitea.com/pages/guarantee.

Limitation of Liability

The use of the Website and the Services is at Your own risk and is provided "as is." Transmissions over the Internet and communications networks are not in Our control and can never be completely secure. Accordingly, We cannot and shall not be liable for any delay, failure, interruption, compromise or corruption of any data or other information transmitted in connection with use of the Website, including information You provide to Us or the Website.

TO THE FULLEST EXTENT PERMITTED BY LAW, NUMI DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, STATUTORY AND OTHERWISE, AS TO THE WEBSITE AND THE CONTENT, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Law that Applies; Interpretation and Modification

You expressly agree and personally submit to the exclusive jurisdiction of the state and federal courts of the State of California to adjudicate and resolve any dispute with Numi, their affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and Content providers or in any other way relating to the Website, including, Content or User Content. 

These Terms and Conditions of Use are governed by the substantive laws of the State of California, without respect to its conflict of laws principles. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions of Use, which shall remain in full force and effect. No waiver of any of these Terms and Conditions of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition. We may modify these Terms and Conditions of Use, including the Numi Privacy Policy, at any time and although We will generally try and provide at least 30 days’ advance notice of the effective date of any material modification, if We do not provide advance notice, the modification will take effect when We post the change on the Website. Accordingly, We urge You to check back frequently so that You are aware of the terms and conditions that apply to You.

Termination

You or we may suspend or terminate your account or your use of this Website at any time, for any reason or for no reason. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Website at any time without notice. All provisions of the Terms which, by their nature, should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnifications and limitations of liability. 

Notice 

You agree that Numi may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Website. 

Complete Agreement

These Terms and Conditions of Use, including the Numi Privacy Policy, constitute the entire agreement between You and Numi regarding the Website and the Services and supersede any and all other terms, representations, promises or discussions. Only Numi has the authority to agree to amendments to these Terms and Conditions of Use, and to be considered binding, any amendments must be in writing and executed by Numi.

Questions or comments regarding this Website, including reports of non-functioning links, should be emailed to info@numitea or by U.S. mail to:

Address:  P.O. Box 20420, Oakland, CA 94620

Phone Number:  888-404-6864

Revisions to these Terms of Use

NUMI MAY REVISE THESE TERMS OF USE BY UPDATING THIS POSTING AT ANY TIME.