KETTL WEBSITE

PRODUCT PURCHASE AND SALE TERMS AND CONDITIONS

 THESE TERMS AND CONDITIONS (“TERMS AND CONDITIONS”), TOGETHER WITH ANY ADDITIONAL TERMS WHICH MAY SEPARATELY BE MADE APPLICABLE IN WRITING BY KETTL TEA, INC. (referenced herein as “KETTL”) TO A PURCHASER OF PRODUCTS FROM THE KETTL.CO WEBSITE (“Buyer”), GOVERN THE PURCHASE AND SALE OF ALL PRODUCTS OFFERED BY KETTL FROM TIME TO TIME (THE "PRODUCTS”).  

 FORMATION OF CONTRACT / ORDERS.  A contract for the sale of Products will be formed only if and when an order from Buyer is accepted or confirmed by acknowledgement in writing by an authorized representative of KETTL, KETTL charges the Buyer for the ordered Products and/or Services, or KETTL ships the Products or undertakes performance of Services ordered (“Order”).  An Order may only be cancelled or modified if the request for cancellation or modification is received at least one (1) business day prior to shipment.  This means that in many cases, given KETTL’s prompt shipping practices, an Order will not be subject to cancellation or modification once placed.  In addition, given the nature of the Products, Orders are not subject to return to KETTL once delivered, for any reason.

BACKORDERS. KETTL does its best to maintain an "in stock" status on all Products.  In the event that a Product goes on backorder after a Buyer has placed an Order, or in the event that a Buyer’s entire Order for whatever reason cannot be fulfilled, KETTL will contact the Buyer via e-mail to the email address provided at the time of Order, and KETTL will attempt to accommodate the Buyer’s stated preference.  However, in no event will KETTL be required to purchase any Products and/or Services in the marketplace to meet its Order obligations hereunder or be required to purchase materials and/or services necessary upon unreasonable terms and/or at unreasonable prices.  During any shortage of Products, KETTL reserves the right to cancel, without liability, any Order, the shipment of which is or may be delayed by reason of any cause or causes beyond its control.  Also, in the event KETTL determines to ship the portion of an Order that is in stock, the Buyer may be responsible for additional shipping charges beyond what would normally apply to the originally placed Order.

DELIVERY AND SHIPPING.  Accepted Orders are subject to KETTL’s commercially reasonable efforts to promptly deliver the Products, subject to circumstances beyond KETTL’s reasonable control, including without limitation, Product availability and the actions of KETTL’s service providers and shippers / carriers.  Orders are processed generally within 1 - 3 business days of receipt, from our warehouse, and Orders will ship out once processed. During sales and promotional periods, Orders may take an additional 1–3 days to process.  As a general rule, Orders placed after 4 p.m. EST Monday through Friday will begin processing the following business day.  Orders placed on the weekend will begin processing starting on the following Monday, unless Monday is a holiday, at which point the applicable Orders will begin processing on Tuesday.  Notwithstanding these stated time frames, KETTL is not responsible for late or erroneous shipments, for shipping mistakes or issues, or for unintended mis-shipments (or for any liabilities, costs or expenses incurred by Buyer in connection with same) in any case, including where due to circumstances beyond KETTL reasonable control, whether due to an act of God, issues arising by reason of pandemic / epidemic or any contagious disease situation (including KETTL’s compliance with any regulations, recommendations, warnings, or guidelines relating thereto), an unforeseeable occurrence, supplier or service provider issues including KETTL’s inability to secure ingredients from its suppliers, a carrier or service provider issue, or any other event, without exception.  KETTL is also not responsible for the shipping and delivery time frames of the shipper / delivery service.

Buyer is expected to work cooperatively and in good faith with KETTL to manage and resolve any carrier loss or damage claims.  If the delivery carrier doesn't deliver any given package or claims to have made the delivery but the Buyer has not received it, KETTL will do its best to help the Buyer locate the package by opening an investigation with the carrier; however, KETTL is NOT the delivery carrier and, therefore, is not responsible for lost or undelivered Orders or packages. KETTL is unable to provide a refund for, or reship an Order or a package that is lost or otherwise not received, as it is the responsibility of the delivery carrier to ensure that the Order / package ultimately reaches the Buyer.  The Buyer is responsible for any errors in shipping information provided.  This applies whether the Products cannot be delivered due to the unavailability of Buyer or the delivery premises for delivery, a Buyer’s refusal of any tendered delivery, or otherwise any issue with a Buyer-provided delivery address. Buyer agrees that KETTL shall be authorized to charge the original method of payment for such charges in such event.

If an Order arrives damaged or defective in any way, the Buyer is expected to, and agrees to, contact us right away (in any event within 24 hours of delivery) at contact@kettl.co.  Photographic images of the damage or defect will be required, including photos of both the affected Products and of the Product packaging. Note that KETTL is unable to issue a refund for delivered damaged or defective Products, but KETTL is typically able to provide replacement Products for any Products received with damage or defects.  The replacement Products will generally be shipped as soon as reasonably practicable after the damage or defect from the original delivery has been confirmed, but the applicable carrier’s practices in this regard will apply. Buyer waives its right to receive a replacement Product if he or she does not advise KETTL of a Product defect or delivery damage at contact@kettl.co within 24 hours of delivery, and promptly thereafter provide the required photographic images.

PRICES AND PRODUCT INFORMATION.  Unless otherwise provided by KETTL in writing, all prices stated are in U.S. dollars.  Prices are subject to change without notice.  KETTL is not responsible for typos or errors in pricing, and KETTL’s sole obligation in the event of an error in a posted price for a Product will be to promptly correct the error when identified, and promptly advise the Buyer of the issue, along with the correct price for the Order.  KETTL reserves the right to change Product ingredients, recipes, specifications, packaging, or any of the descriptions and/or information provided relating to any Product at its sole discretion, at any time.  

PAYMENT.  KETTL reserves the right to change its credit, payment and shipping terms at any time, including without limitation the right to change the method of payment accepted, whether pricing includes shipping, etc..  KETTL reserves the right, among other remedies, to refuse to accept further Orders, to terminate any Order for Products, to suspend deliveries of Products and/or to recall Products in transit, retake the same and/or repossess all Products if at any time in KETTL sole discretion Buyer’s creditworthiness is impaired, Buyer stops or disputes a payment made for any given Order or Product ordered, or in the event Buyer otherwise fails to timely make, or to revoke, an owed payment relating to an Order.  KETTL will not be obligated to sell Products to any individual consumer in any instance, and KETTL may reject or refuse to accept any Order, or revoke its acceptance of any Order, for any customer, at any time, at its discretion, for any or no reason.

DISCOUNTS AND PROMOTIONAL OFFERS.  Any claims relating to prices, discounts, promotional offers, or other benefits pertaining to Product purchases and/or this Agreement will be deemed waived unless submitted either (i) within the defined promotional period applicable to the discount or promotional offer; or (ii) otherwise within thirty (30) days from the Order date. No claim will be made against KETTL relating to any Order that was placed or Product that was purchased more than 30 days earlier, and any claim asserted by Buyer shall be supported with such documentation as KETTL may reasonably require (such as without limitation, a dated consumer delivery or sales receipt, copies of credit card / debit card payment documentation and the like). Claims relating to discounts or other promotional offers made available by KETTL from time to time regarding specific Products are subject to the terms and conditions applicable to that particular offer or program, as announced by KETTL.  

RESELLING.  Products that are purchased from this website, with or without a discount code and subject to, or not subject to any promotional offer, are for personal use by the Buyer and shall not be resold without first asking KETTL for permission. If you want to resell one or more of KETTL’s products, then please contact us by e-mail at contact@kettl.co. 

TITLE AND RISK OF LOSS.  Title and risk of loss to Products shall pass to Buyer when Products are delivered to Buyer and KETTL is not responsible for any damage or loss to a Product that occurs after delivery, for any reason.  

WARRANTIES, LIMITATION OF LIABILITY. KETTL MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, REGARDING ANY PRODUCTS, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, SUITABILITY FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.  If any court having jurisdiction finally holds that this limitation of remedies is void or unenforceable, KETTL’s liability for any claim shall be limited to the amounts paid by Buyer for the Products and/or Services giving rise to the claim.  In addition, in no event will KETTL or its affiliates be liable to Buyer,  or any other party for incidental, consequential, indirect or special damages (including without limitation, lost profits, lost opportunities, economic loss, loss of use, lost productivity, synergies or efficiencies, overhead or administrative expenses, lost data, or damage to reputation or goodwill), irrespective of the nature of any claim asserted, and even if KETTL has been advised of the possibility of such damages and even if such damages result from negligence or other fault. KETTL’s sole obligation in the event of any Product issue will be to replace the affected Product, at KETTL’s sole option. In no event will KETTL be responsible for damages in excess of the purchase price paid for the affected Products, in any instance.

 COSTS AND EXPENSES OF COLLECTION.  In the event that Buyer fails to make full payment for delivered Products (by improperly disputing a credit card charge or revoking payment authorization, for instance), Buyer shall be liable to KETTL for payment of all costs and expenses incurred by KETTL or its affiliates in seeking collection of the amounts owed by Buyer, including but not limited to the costs of collection agencies and reasonable attorneys’ fees incurred by KETTL or its affiliates.  In addition, in the event of Buyer’s default in payment for delivered Products, KETTL shall be entitled to collect an interest charge of the lesser of 1.5% of the outstanding balance per month or the maximum amount allowed by applicable law, along with a late payment fee equal to fifteen percent (15%) of the total Order cost.

 GENERAL PROVISIONS.  If any provision of these Terms and Conditions is finally determined to be invalid or unenforceable by any court of competent jurisdiction, such determination shall not affect any other provision hereof, and all such other provisions will remain in full force and effect.  Once placed, no Order may be cancelled or assigned by Buyer except with the prior written consent of KETTL.  KETTL’s waiver of any breach or failure to enforce any of Buyer’s obligations under these Terms and Conditions at any time shall not limit or waive KETTL’s right thereafter to enforce strict compliance with the terms and conditions hereof.  The validity, construction and performance of these Terms and Conditions and the Contract formed between the parties shall be governed by the laws of the State of New York (without giving effect to its principles of conflict of laws).  Buyer, by submitting an Order for Products and/or Services with KETTL, irrevocably and unconditionally submits and waives any objection to the jurisdiction of the federal and state courts located in New York for purposes of any suit, action or proceeding arising out of or relating to these Terms and Conditions or the Contract formed between the parties, and agrees to take any and all future action necessary to submit to the jurisdiction of such courts.  However, KETTL may at its option bring suit, or institute other judicial proceedings, against Buyer in any court in any place where Buyer or any of its assets may be found.   The United Nations Convention on Contracts for the International Sale of Goods shall not govern these terms and conditions or any sales contract formed between the parties.