Terms & Conditions

Chaiboy LLC (“Chaiboy”) welcomes you to our company website and we appreciate your business and your browsing our fine collection of teas and related products.  This website is maintained by Chaiboy as a service to our customers. By using this website, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully and, if you do not agree to these terms and conditions set forth herein, we ask that you refrain from browsing or otherwise using our website.  

1. Agreement

This Website Term and Conditions of Use agreement (the “Agreement”) specifies the Terms and Conditions for access to and use of Chaiboy’s Website located at www.wearechaiboy.com (the “Website”) and describe the terms and conditions that govern your access of and use of the Website. This Agreement may be modified at any time by Chaiboy upon posting of the modified Agreement at Chaiboy’s sole discretion. Any such modifications shall be effective immediately and you may view the most recent version of these terms and conditions on our Website. Your visit and use of the Website shall constitute and be deemed your unconditional acceptance of this Agreement and you should review this Agreement periodically to determine if any changes have been made.  

2. Privacy

Chaiboy values and respects your privacy and, as such, your visit to our Website is also governed by Chaiboy’s Privacy Policy, which may be accessed by visiting our Website or by clicking on the following link: Privacy Policy. 

3. Ownership

You acknowledge and agree that all content included on this Website is the sole and exclusive property of Chaiboy and/or Chaiboy’s affiliates and is protected under applicable copyright, patent, trademark, and other proprietary rights both in the United States and throughout the world.  Any copying, redistribution, use or publication by you of any such content or any part of the Website is expressly prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Website.

4. Intended Audience

The content, creation, product offerings, services offerings, and all other aspects of Chaiboy’s Website are intended for adults and are not intended to be used or engaged by minors under the age of 13 years of age. If you are a minor under the age of 13, please refrain from using or otherwise interacting with the Website in any manner and for any purpose.  

5. Trademarks

You acknowledge and understand that the Chaiboy name, the Chaiboy logo and design, and any and all other Chaiboy related marks are either trademarks or registered trademarks of Chaiboy and are protected by the intellectual property laws of the United States and abroad and may not be used or otherwise appropriated without the express permission of Chaiboy.  

6. Website Use

The Website is for your personal and non-commercial use.  By visiting or otherwise engaging with our Website, Chaiboy grants you a limited, revocable, non-exclusive license to use this Website solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. By visiting or interacting with the Website, you agree not to copy materials appearing on the Website, reverse engineer or otherwise break into the Website, or use materials, products or services in violation of any United States or international law.  Your use of this Website is at the sole discretion of Chaiboy and Chaiboy reserves the right to terminate your use of this Website at any time and without prior notice.  

7. Sales

By visiting our Website, you understand and acknowledge that all tea and product sales are final and, once the sales transaction has been finalized, you are not permitted to return, exchange, or otherwise receive a refund of any kind.  In the event that any Chaiboy product, including any tea or tea blend, are defective or stale upon delivery, you shall have fifteen (15) days from the date of delivery to contact Chaiboy via email at info@wearechaiboy.com with the specifics regarding the defect, including order number and proof of purchase, and Chaiboy will review your particular situation and determine the proper remedy, which may include a refund or product replacement, at Chaiboy’s sole discretion.    

8. Product Pricing

The pricing set forth on Chaiboy’s Website are current as of the specific date that you visited and accessed the Website.  Chaiboy reserves the right to revise, amend, increase, decrease, or otherwise change the pricing of any products offered for sale by Chaiboy on the Chaiboy Website at Chaiboy’s sole discretion.  Pricing variations and revisions may be due to a variety of conditions, including, but not limited to, changes in global tea prices, scarcity of goods, inclement weather, changes in customs fees, changes in tax rates and charges, variations in international and domestic shipping fees, and a variety of other factors that may affect Chaiboy’s provision of services and products.  

9. Purchase of Goods and Shipping

Chaiboy will not honor or otherwise accept any product order or sale without full payment of the sales price. For your convenience, Chaiboy accepts various forms of payment, including, among others, all major credit cards (e.g., American Express, Visa, Mastercard) and debit cards, and also accepts PayPal, Apple Pay, Google Pay, and other online payment methods and options. Chaiboy shall not ship any item or otherwise complete any sales transaction in the event your credit card or other form of payment has been declined by your issuing bank.  Once you have placed your order, Chaiboy will use reasonable efforts to process your order and you will receive a confirmation email confirming that your order has been successfully received, processed, and shipped.  Although Chaiboy will use reasonable efforts to delivery your items timely, Chaiboy is not responsible for any delays, cancellations, or other issues with your shipment that are out of Chaiboy’s control and which are caused by external factors, shipping, delays, or shipper or delivery service error or delay. 

10. Compliance with Laws

By visiting our Website, you agree to comply with all applicable Federal, State, and local laws regarding your use of the Website. You further agreed that information provided by you is truthful and accurate to the best of your knowledge. If you are visiting from outside the United States, you must abide with and comply with all local laws with respect to your online conduct, as well as the export of data to the United States or to your country or residence.   

11. Indemnification

You agree to indemnify and hold Chaiboy, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of this Agreement by you. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of any content or information or service accessed from this Website.  

12. Disclaimer

Your use of this Website is at your own risk. Any service and/or information provided by the Website is provided “as is” and without warranties of any kind, either expressed or implied. Chaiboy disclaims all warranties, including any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement. Chaiboy does not warrant that any function or content contained on this website or any service will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. Chaiboy does not warrant or make any representation regarding use, or the result of use, of any service or content in terms of accuracy, reliability, or otherwise. The user acknowledges that the content may include technical inaccuracies or typographical errors, and Chaiboy may make changes or improvements to the Website at any time. You assume the entire cost of all necessary servicing, repair or correction in the event of any loss or damage arising from the use of this Website, any service, or its content. Chaiboy makes no warranties that your use of the content will not infringe the rights of others and assumes no liability or responsibility for errors or omissions in any content on the website.

13. Limitation of Liability

Under no circumstances will Chaiboy or any Chaiboy affiliate be liable or responsible for any direct, indirect, incidental, consequential (including damages from loss of business, lost profits, litigation, or the like), special, exemplary, punitive, or other damages, under any legal theory, arising out of or in any way relating to the Website, your Website use, or the content, even if advised of the possibility of such damages. Your sole remedy for dissatisfaction with the Website and/or content is to cease all of your Website use.

14. Use of Your Information

Chaiboy reserves the right, and you authorize Chaiboy, to use and assign all information regarding Website uses by you and all information provided by you in any manner consistent with our Privacy Policy and for the intended purpose of effectuating the purpose of Chaiboy’s business, including the sale of tea and other products to you as a customer.  Chaiboy reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, and/or legal process or government request.  

15. Copyrights and Copyright Agent

If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. A description of the copyrighted work that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on the Website;
4. Your address, telephone number, and e-mail address;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Please note that Chaiboy’s Copyright Agent for Notice of claims of copyright infringement on the Website is Soler Legal LLC, who can be reached as follows:
By Mail: 76 E. Euclid Ave., Suite 101, Haddonfield, NJ 08033
By Phone: (856) 874-3448
By E-mail: asoler@solerlegal.com

16. Applicable Law

If there is any dispute about or involving the website or the Terms of Use, you agree that any dispute shall be governed by the laws of the State of Texas without regard to its conflict of law provisions. You agree to personal and exclusive jurisdiction by and venue in the state and federal courts of Fort Bend, Texas. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the site, any service provided by the site, or the terms of use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

17. Severability

If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.

18. Waiver

The failure of Chaiboy to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision by Chaiboy.  Any waiver of this Agreement by Chaiboy must be in writing and signed by an authorized representative of Chaiboy. 

19. Termination

Chaiboy reserves the right to terminate this Agreement at any time, with or without notice, for any reason.

20. Relationship of the Parties

Nothing contained in this Agreement or your use of the Website shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.

21. Entire Agreement

This Terms of Use constitutes the entire agreement between you and Chaiboy and governs the terms and conditions of your use of the Website, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Chaiboy with respect to this Website.  Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to Chaiboy’s Privacy Policy), guidelines, or rules that may apply when you use the Website. Chaiboy may revise this Terms of Use at any time by updating this Agreement and posting it on the Website. Accordingly, you should visit the Website and review the Terms of Use periodically to determine if any changes have been made. Your continued use of this Website after any changes have been made to the Terms of Use signifies and confirms your acceptance of any such changes or amendments to the Terms of Use.

22. Contact Information

Chaiboy LLC (Website Operator)
Sugar Land, Texas 77479
info@wearechaiboy.com