Term of Services

The following terms and conditions (“Terms”) govern your use of, access to, and purchase of products and/or services from our websites, applications, platforms and accounts owned and operated by Breathing Tea Limited (“Breathing Tea”, “we”, “us”, or “our”), including without limitation, https://www.breathingtea.com (collectively, our “Website”). By using our Website, you agree to comply with and be bound by all of the Terms contained below, along with the terms and conditions as stated in our Privacy Policy (please refer to the Privacy Policy section below for more information).

We reserve the right to change any of these Terms from time to time without notice. The date of the latest version of these Terms is indicated at the end of these Terms. You acknowledge and agree that it is your responsibility to review these Terms periodically to familiarise yourself with any modifications. Your continued use of or access to our Website after such modifications constitutes acknowledgement and agreement of the modified terms and conditions. If you do not wish to be bound by these Terms, please do not access our Website and do not purchase our products and/or services.

Please read these Terms carefully before using our Website.

Section 1. Responsible Use and Conduct

By visiting our Website and accessing and using the information, resources, services, and tools we provide for you, and purchasing our products and/or services, either directly or indirectly (our “Resources”), you agree to use these Resources only for the purposes intended as permitted by (a) these Terms, and (b) applicable laws, regulations, rules and generally accepted online practices or guidelines.

You further understand that:

  1. in order to access our Resources, you may be required to provide certain personal information about yourself (including, without limitation, identification and contact details) as part of a registration process, as part of your ability to use our Resources, or your ability to purchase our products and/or services. You agree that any information you provide will always be accurate, correct, and up to date;
  2. you are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account(s);
  3. accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means;
  4. engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited;
  5. attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited;
  6. you are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorised activities conducted by you in breach of these Terms, and may incur criminal or civil liability;
  7. we do not assume any liability for any content posted by you or any other third party users of our Website. However, any content posted by you using any open communication tools on our Website, provided that it does not violate or infringe on any third party copyrights or trademarks, becomes the property of Breathing Tea, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of any registration process, necessary in order to use our Resources. All information provided as part of our registration process is covered by our privacy policy; and
  8. we may provide various open communication tools on our Website, including, without limitation, blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews and various social media services (“Your Submissions”). You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our Website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:i. is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;ii. infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;iii. contains any type of unauthorised or unsolicited advertising; oriv. impersonates any person or entity, including any Breathing Tea employees or representatives.

We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with these Terms, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any third party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.

When you provide Your Submissions on our Website, you grant to Breathing Tea a non-exclusive, royalty-free, fully paid, perpetual, worldwide, irrevocable and fully sub-licensable and transferable (in whole or in part) license under all copyrights, trademarks, privacy and publicity rights you own or control to: (i) use, reproduce, transmit, modify, index, adapt, publish, translate, distribute, display and otherwise exploit such content throughout the world in any media, whether now known or hereafter invented, including for any and all purposes, including commercial or marketing purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or any other person or entity, and (ii) to use your name, persona or likeness alone or in connection with such uses, without any obligation or remuneration to you.

Section 2. Privacy

Your privacy matters a great deal to us, which is why we have created a separate Privacy Policy (click here to read the entire Privacy Policy) in order to explain in detail how we collect, use, share and store your private information. Our Privacy Policy is included under the scope of these Terms.

Section 3. This Is Not Medical Advise

Our Website is not intended to provide medical advice, diagnosis or treatment. Our Resources, including our products and services, provided on and through our Website, including information that may be provided on our Website directly or via linking to third party sites by a healthcare or nutrition professional, are provided for informational purposes only. Please consult with your doctor or other healthcare professional (collectively, “Healthcare Professional”) regarding any medical or health-related diagnosis or treatment options.

You should always consult with your Healthcare Professional, and carefully read all information provided by the manufacturer of a product and on or in any product label or packaging, before using any medication or nutritional, herbal or homeopathic product; before starting any diet or exercise program; or before adopting any treatment for a health problem. Each person is different, and the way you react to a particular product may be significantly different from the way other people react to such product.

Breathing Tea employees, consultants or agents may publicly describe their experiences with specific Breathing Tea products. Any comments made by such employees, consultants and agents that are not endorsed specifically by Breathing Tea are strictly their own personal views made in their personal capacity. These comments are not claims made by Breathing Tea nor do they represent the view or position of Breathing Tea.

Section 4. Prices, Products or Services

Prices for our products and/or services are subject to change without notice. We reserve the right at any time to modify or discontinue our products and/or services without notice. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of any of our products and/or services.

We work very hard to display as accurately as possible the colours and images of our products that appear on our Website. These colours and product images are for reference only and may differ slightly from our products.

We operate in a Hong Kong licensed food factory #2991812611.

We do not warrant that the quality of any of our products, services, information, or other material purchased or obtained by you will meet your expectations.

Section 5. Return, Refund, and Cancellations

Our products are all made to order, so we are unable to accept returns or cancellations. All sales are final.

If for any reason you are not satisfied with your purchase of our product(s), please contact us at hello@breathingtea.com within seven calendar days of the date you received the order. Depending on the circumstances, we may, at our sole discretion, replace the product(s) at our expense. We may also ask you to provide photographs and/or other supporting evidence before we provide you with replacements.

Section 6. Resale

Unless otherwise indicated in writing by us, the products available on our Website, and any samples we may provide to you, are for personal use only. By purchasing any product through us, you agree not to offer the products or samples for sale or resale. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that we believe, in our sole discretion, may result in violation of these Terms.

Section 7. Delivery of Our Products

We deliver to addresses within Hong Kong Island, Kowloon, New Territories, and Outlying Islands (including Tung Chung Districts), excluding PO Boxes.

Deliveries are free for any orders at or above HKD 500 before any discount(s), otherwise we charge a flat one-time fee of HKD 80 or HKD 200 (Outlying Islands including Tung Chung District) per order. Any redeliveries will also be charged a flat one-time fee of HKD 80 or HKD 200 (Outlying Islands including Tung Chung District) per order.

We provide you with delivery time options when you order on our Website. Any order that contains chill products will require the delivery to be received in person at your address. For such order, after your order is confirmed, we or our partnering logistics company will contact you at least a day before your preferred delivery date to obtain your acknowledgement and agreement for us to deliver your order at an agreed time the following day. We will only proceed with delivery after we obtain such acknowledgement and agreement from you.

If your order contains chill products and no one is present to receive your order at the agreed time, we will use commercially reasonable efforts to contact you to reschedule delivery (in which case our standard redelivery fee of HKD 80 or HKD 200 (Outlying Islands including Tung Chung District) shall apply), and we also reserve the right to cancel your order at our sole discretion, in which case we will not issue any credit or refund to you for the total price of your order (including any delivery fees). If another person is receiving your order on your behalf, please provide us with specific instructions at least 12 hours before the agreed delivery time. In the case of extreme weather, typhoon signal number 8 or above, red rainstorm, black rainstorm, or any events beyond our control that we believe, in our sole discretion, may potentially put our employees or products at risk (collectively, “Extreme Events” and each, an “Extreme Event”), we will either:
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a. deliver your order prior to the agreed time, or
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b. suspend delivery and redeliver your order as soon as reasonably possible thereafter, provided that in each case, prior to any delivery or redelivery, we will contact you first to agree on a delivery time and seek your acknowledgment and agreement. If we are unable to reschedule the delivery of your order for any reason, we will cancel your order, notify you of such cancellation, and issue a credit or refund to you for the total price of the order (including any delivery fees).

You are responsible for inspecting all products you receive from us for any damage or other issues upon delivery. For chill products, we ensure that they are carefully handled to stay chill at the time of delivery, but you are solely responsible for confirming that these products you receive are chill. To maintain the quality and integrity of our products after delivery, you should immediately store each product in accordance with the instructions on its packaging label. From the time of receipt, the condition and consumption of our products are solely at your risk, and you are solely responsible for the proper and safe handling, storage, cooking, use and consumption of our products.

Section 8. Pricing and Typographic Errors

We try our best to provide accurate information on our Website. However, errors, in particular pricing or typographical ones, may occasionally occur. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Breathing Tea shall have the right, at our sole discretion, to refuse or cancel any orders placed for that product. If a product is incorrectly priced, we will either contact you for instructions or cancel your order and notify you of such cancellation. Prices and availability are subject to change without notice.

Section 9. Third Party Links

Certain content, products and services available via our Website may include material from third parties.

Third party links on our Website may direct you to third party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase and/or use of goods, services, resources, content, or any other transactions made in connection with any third party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third party products and/or services should be directed to the relevant third party.

Section 10. Indemnification

You agree to indemnify and hold harmless Breathing Tea, our affiliates, and our and our affiliates’ respective directors, officers, managers, employees, agents, contractors, interns, suppliers, service providers, licensors or donors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from (i) any violation of these Terms or the failure to fulfil any obligations relating to your account incurred by you or any other person using your account; or (ii) your use of our Resources, including our products or services. We reserve the right to take over the exclusive defence of any claim for which we are entitled to indemnification under these Terms. In such event, you shall provide us with such cooperation as is reasonably requested by us. You may not settle any claim covered by this Section or admit any liability on the part of Breathing Tea without our prior written approval.

Section 11. Copyrights and Trademarks

All content and materials available on our Website, including but not limited to text, graphics, site name, code, images and logos are the intellectual property of Breathing Tea, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on our Website is strictly prohibited, unless specifically authorised by Breathing Tea.

Section 12. Disclaimer of Warranty

By using our Website, you understand and agree that all our Resources are provided on an “as is” and “as available” basis. Breathing Tea makes no representations, guarantees, or warranties about the suitability, completeness, timeliness, reliability, legality, or accuracy of our Resources available on our Website for any purpose, and expressly disclaims (to the fullest extent permitted by applicable law) all warranties, express or implied, including, without limitation, any warranty of merchantability, fitness for a particular purpose, or non-infringement.

This means that we do not represent or warrant to you that the:

  1. use of our Resources will meet your needs or requirements;
  2. use of our Resources will be uninterrupted, timely, secure or free from errors;
  3. information obtained by using our Resources will be accurate or reliable, and
  4. defects in the operation or functionality of any of our Resources will be repaired or corrected.use of our Resources will meet your needs or requirements;

Furthermore, you understand and agree that:

y. any content downloaded or otherwise obtained using our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content; and

z. no information or advice, whether expressed, implied, oral or written, obtained by you from Breathing Tea or through any of our Resources shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in these Terms.

Section 13. Limitations of Liability

To the fullest extent permitted by applicable law, in no event will Breathing Tea, our affiliates, and our and our affiliates’ respective directors, officers, managers, employees, agents, contractors, interns, suppliers, service providers, licensors or donors be liable for any direct, indirect, incidental, special, punitive, cover, consequential or exemplary loss or damages which may be incurred by you as a result of using our Website and/or our Resources, using or purchasing our products and/or services, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime, whether foreseeable or not, and even if Breathing Tea had been advised of the possibility of such damages. To the fullest extent permitted by applicable law and in conjunction with the foregoing, you expressly understand and agree that the aggregate liability of Breathing Tea, our affiliates, and our and our affiliates’ respective directors, officers, managers, employees, agents, contractors, interns, suppliers, service providers, licensors or donors will be limited to the lesser of HKD 1,000 or the amount you paid, if any, for the use or purchase of our products and/or services. Your sole and exclusive remedy for any claims or disputes involving us that are not waived by these Terms will be to discontinue your use of our Website and to seek a refund of the money you paid to us, capped at the amounts set out in this Section.

Section 14. Termination of Use

You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our Website and Resources with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected illegal, fraudulent or abusive activity may be grounds for suspending or terminating your access and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use our Resources will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.

Section 15. Contact

If you have any questions or comments about these Terms as outlined above, please contact us at hello@breathingtea.com.

Last updated: 4 May, 2024