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Subscribe & Steep Subscription Terms

Subscribe & Steep is a subscription program through which Upton Tea Imports (“we”) sends each subscriber (“you” or “Customer”) your preferred teas on a recurring basis using your stored method of payment.

By enrolling in Subscribe & Steep, you agree to the following terms and conditions (these “Subscription Terms”) in addition to our website [Terms of Use], which are fully incorporated herein. In the event of any conflict between the [Terms of Use] and these Subscription Terms, the Subscription Terms control.

To the extent permitted by law, we reserve the right to change or eliminate (together, “change”) the Subscribe & Steep program, your Subscribe & Steep subscription, or these Subscription Terms or any portion thereof at any time at our sole discretion. We may but are not required to provide notice of any such changes by email, notice to you upon log-in, or through publication on uptontea.com (the “Site”), without specific notice to you. Your continued enrollment in Subscribe & Steep will constitute your acceptance of any such changes.

Eligibility and Enrollment

To become a Customer of Subscribe & Steep, you must be 18 years of age or older and a legal resident of the 50 United States, the District of Columbia or Puerto Rico. There is no membership fee to become a Customer of Subscribe & Steep.

In order to enroll in Subscribe & Steep, you will be required to create an account with the Site (an “Account”) and to provide certain information, including an email address, phone number, credit card information, billing address, and shipping address (“Account Details”). By enrolling, you agree to only provide current, accurate and complete Account Details and to maintain the accuracy of the Account Details provided.

To enroll, simply select the Subscribe & Steep option for your desired tea, select your preferred shipment frequency, then check out as normal. After you complete your order, you will receive an email confirmation. This email will include a link to your account where you can manage your future orders and subscription information. Please save this email for your records.

Recurring Charges Apply

We will place your orders automatically according to your selected frequency, and you will only be billed on the day the order is shipped. We will send you an email reminder prior to each Subscribe & Steep order. You will also receive email notifications regarding other important information related to your Subscribe & Steep account, such as if your tea is discontinued or out of stock, your Subscribe & Steep subscription has been canceled, or a new order has been placed.

By signing up for Subscribe & Steep, you agree that we (or a third-party payment processor) may charge for the items in your Subscribe & Steep subscription at our then-current price for each item. Current prices are available on the Site, but are subject to change. Offers and/or promotions offered through the Site, such as Valued Customer Points/Rewards, may not be applied to your Subscribe & Steep subscription. Subscriptions are continuous and automatically renew unless and until you cancel or we terminate your membership. You may pause, cancel, or otherwise change your subscription at any time, as set forth below.

Payment and Billing

When you join Subscribe & Steep, you will be required to provide us with accurate, complete and current credit card information for a valid credit card that you are authorized to use. By enrolling in Subscribe & Steep, you authorize us or our agent to bill your credit card for the items in your subscription, any and all applicable taxes, and shipping charges. If you revoke authorization to charge your credit card, or if, for any reason, we are unable to process your credit card at any time, we may immediately suspend or terminate your Subscribe & Steep subscription.

If we do not receive payment from your credit card provider, or if your credit card expires or is rejected, you agree to pay all amounts due upon demand. Following any such non-payment, we may require you to provide a second valid credit card before continuing your Subscribe & Steep subscription. You authorize us to charge outstanding fees and other amounts due us against any credit card you have on file with us. We reserve the right to take all steps necessary to collect amounts due from you, including but not limited to legal action and/or using third party collection agencies.

Refunds & Returns

Items purchased through Subscribe & Steep may be returned in accordance with our return policy, which is available here. We reserve the right to not give any refund for termination related to conduct that, in our discretion, violates these Subscription Terms or any applicable law.

Unauthorized Access

You are responsible for maintaining the security of your Account and password, including all information relating to your Subscribe & Steep membership, and for making sure that no one besides you has access. We are not responsible for any unauthorized access or use of your Account. If you believe any such unauthorized access or use has occurred, you should notify Customer Service immediately at (800)234-8327 (M-F 9am-5pm ET) or cservice@uptontea.com.

Privacy

Our collection and use of customer information is outlined in our Privacy Policy [https://www.uptontea.com/privacy-policy/a/privacy_policy/], which is incorporated herein. Communications

By enrolling in Subscribe & Steep, you agree to receive communications from us, including emails and other notifications regarding Subscribe & Steep as well as other offers that may be of interest to you. You may opt out of receiving communications by clicking the unsubscribe link on the bottom of each email. We are not responsible for communications lost due to change of your address or contact information. You are responsible for keeping your contact information up to date.

Managing Your Subscription

You can manage your subscription and update your Account Details by visiting the Manage Subscription page located in the 'My Account' section of the Site. Please allow up to 48 hours for modifications or cancellations to be processed.

Change a ship date: To change your next ship date, visit the 'My Next Order' tab of the Manage Subscription page and click the "Change Date" button near the next order date and select the new date for your order. This will change the ship date for all items in your Subscribe & Steep subscription.

If your Subscribe & Steep subscription contains multiple teas and you would only like to change the ship date of a single tea, visit the 'My Subscriptions' tab of the Manage Subscription page and identify the individual tea you would like to modify. Click on the next order date for the individual tea and select your desired next ship date from the pop-up calendar.

Skip a delivery: To skip an order, visit the 'My Next Order' tab of the Manage Subscription page, and click the "Skip Delivery" link near the next ship date to skip the entire order.

Change Shipment Frequency: To modify the delivery frequency, please visit the 'My Subscriptions' tab of the Manage Subscription page. On this tab, the current delivery frequency is displayed next to each tea in a drop-down menu. To change the delivery frequency for an individual Subscribe & Steep tea, simply click the arrow of the frequency drop-down next to the tea you would like to modify, and select your next desired frequency from the pull-down menu.

Change Account Details: You can make changes to your shipping address, billing address, and/or payment information by clicking “More Changes” on the “My Next Order” tab of the Manage Subscription page. If you would prefer to change your Account Details for only a single item in your subscription, you may do so by clicking “Change” on the “My Subscriptions” tab.

Cancellation

Your Subscribe & Steep subscription will continue until cancelled.

You may cancel your subscription for a single tea, or your entire Subscribe & Steep subscription, via the 'My Subscriptions' tab of the Manage Subscription page. Simply click the “Edit” button to the right of the subscription, then click on “Cancel Subscription.” Once you've chosen 'No thanks, pause my subscription', you will be prompted to confirm this and indicate your reason for cancelling. Once you've chosen 'Cancel Subscription', your Subscribe & Steep subscription will be cancelled and no future orders will be placed. You will also receive an email notification confirming this. Cancellations must be made 24 hours before the next order ships to avoid being charged for the next order.

Additionally, we may, in our sole and absolute discretion, terminate or suspend any Customer’s participation in Subscribe & Steep for breaching or taking any actions that are inconsistent with the intent of these Subscription Terms. We reserve the right, at our sole discretion, to prohibit any Customer from participating in any aspect of Subscribe & Steep if we deem or suspect that such Customer has engaged in or has attempted to engage in any of the following: (a) acting in violation of these Subscription Terms; or (b) damaging, tampering with or corrupting the operation of Subscribe & Steep or the Site; or (c) acting with intent to annoy, harass or abuse any other person; or (d) any fraudulent, potentially fraudulent, behavior or activity. Any decision we make relating to termination or suspension of any Customer’s enrollment in Subscribe & Steep shall be final and binding in all respects. We shall be the sole determiner in cases of suspected abuse, fraud, or breach of these Subscription Terms or intent of these Subscription Terms. We reserve the right to not give any refund for termination related to conduct that, in our discretion, violates these Subscription Terms or any applicable law.

Release

Except for willful misconduct or gross negligence on the part of Upton Tea Imports, by participating in Subscribe & Steep, Customers release Upton Tea Imports, our parent company, subsidiaries, affiliates, suppliers, advertising and promotions agencies and their respective directors, officers, employees, and agents (collectively, “Released Parties”) from liability for any loss, harm, damages, cost or expense, arising out of or in any way connected to Subscribe & Steep.

Indemnification

Customers agree to indemnify, defend and hold Upton Tea Imports and its representatives, employees, and agents harmless from and against any and all third-party claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to any breach by Customer of any of these Subscription Terms or any violation by Customer of applicable law.

Governing Law

The laws of the State of California shall govern these Subscription Terms. Customer hereby expressly consents to exclusive jurisdiction and venue in the courts located in California for all matters arising in connection with these Subscription Terms or Customer’s participation in Subscribe & Steep.