Wholesale Terms of Sale

PLEASE READ THESE TERMS OF SALE (“TERMS”) CAREFULLY. THESE TERMS APPLY TO YOU AND YOUR PURCHASE OF ANY PRODUCTS FROM SAMOVAR THROUGH ITS WEBSITE, LOCATED AT WWW.SAMOVARLIFE.COM (“SITE”), EXCEPT TO THE EXTENT THAT YOU HAVE ENTERED INTO A SEPARATE WRITTEN AGREEMENT WITH SAMOVAR THAT SUPERSEDES SOME OR ALL OF THESE TERMS. THESE TERMS ARE SUBJECT TO CHANGE WITHOUT PRIOR WRITTEN NOTICE AT ANY TIME, IN SAMOVAR’S SOLE DISCRETION. BY PLACING AN ORDER FOR PRODUCTS THROUGH THE SITE, YOU AGREE TO BE BOUND BY AND ACCEPT THE TERMS AND CONDITIONS IN EFFECT AT THE TIME OF SUCH ORDER. ALL SALES ARE EXPRESSLY CONDITIONED UPON YOUR AGREEMENT TO THESE TERMS IN ADDITION TO SAMOVAR’S TERMS OF USE.

1. Your Account

When you make a purchase from the Site, you may create an account as part of the checkout process. You are responsible for maintaining the confidentiality of your password and restricting access to your password and account. You further agree to accept responsibility for all purchases and activities that occur under your account.

2. Acceptance of Order

Your placement of an order does not necessarily assure that we will accept your order. We reserve the right to refuse any order in our sole discretion. In addition, before accepting your order, we may require additional information if you have not provided all of the information required by us to complete your order. Once a properly completed order is received, authorization of your form of payment is received and we have accepted your order, we will promptly place your order in line for shipment.

3. Pricing and Availability

All prices for products (and the associated costs of shipping and tax) are shown in U.S. dollars. All items are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order, and to discontinue products without notice, even if you have already placed your order. All prices are subject to change without notice, and you agree that taxes may be adjusted from the amount shown on the payment screens. Several factors may cause this, such as variances between processor programs and changes in tax rates.

4. Payment Terms

Samovar currently accepts Visa, MasterCard, and Discover credit cards. By submitting your order, you represent and warrant that you are authorized to use the designated credit card and authorize us to charge your order (including taxes, shipping and handling) to that card. If the card cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled automatically.

5. Shipping Terms and Policies

We endeavor to ship all orders for in-stock items within two (2) business days. If an item is not in stock at the time your order is placed, we will ship your order minus the out of stock item, and discount your invoice by the amount of the excluded item.

Our standard business hours are Monday through Friday, 8 a.m. to 5 p.m. Pacific Time Standard shipping is typically via UPS or Federal Express and you should allow five (5) to ten (10) business days for standard delivery once an order has been shipped. If expedited shipping is required, please select that as your shipping choice (there are additional fees for express shipping).

For orders placed through our Online Store, you will free ground shipping within the continental U.S. For all other destinations shipping is calculated by the weight of the shipment, and added to your invoice at time of purchase. You are able to review shipping costs through the online checkout process before completing your purchase. Shipping charges are subject to change without notice.

Title to products passes from Samovar to you upon shipment and we are not responsible for any shipping delays or problems once the product has been shipped.

6. Return and Exchange Policies

We want you to be totally satisfied with your order! If you are not completely satisfied you’re your purchase, or your order is incomplete, incorrect, or damaged, please contact us within 30 days of receipt to arrange for a replacement, exchange, or refund.

Sorry, but we are unable to accept unauthorized returns.

7. Privacy Statement

Please refer to our Privacy Statement for information about how Samovar collects, uses and discloses personal information from users of the Site.

8. Errors

We attempt to be as accurate as possible; however, we do not warrant that all product descriptions, photographs, pricing or other information on the Site is accurate, complete, current, or error-free. In addition, all weights and size dimensions are approximate. If a product offered by Samovar is not as described or pictured, your sole remedy is to return it in an unused condition for a refund. In the event of an error, whether on the Site, in an order confirmation, please consult our Return Policy (#6) to arrange a replacement, exchange, or refund.

9. Limitation of Liability

SAMOVAR WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS, OR OTHER CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY, EXCEPT AS EXPRESSLY PROVIDED HEREIN. TO THE FULL EXTENT PERMITTED BY LAW, SAMOVAR’S LIABILITY SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID FOR THE PURCHASE OF PRODUCTS FROM THIS SITE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

10. Warranties

The article comprising each shipment or other deliveries hereafter made by Samovar Tea Lounge to Wholesaler is hereby guaranteed, as of the date of such shipment or delivery, to be, on such date, not adulterated or misbranded within the meaning of the Federal Food, Drug, and Cosmetic Act, and not an article which may not, under the provisions of section 404, 505, or 512 of the act, be introduced into interstate commerce.

Samovar products may be returned or exchanged in accordance with the policies described above. THE FOREGOING ARE THE ONLY GUARANTEES OR WARRANTIES FROM SAMOVAR RELATING TO THE PRODUCTS YOU PURCHASE. SAMOVAR MAKES NO OTHER, AND EXPRESSLY DISCLAIMS ALL, REPRESENTATIONS, WARRANTIES, AND CONDITIONS, WHETHER IN WRITING, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, OR ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, PRODUCTS ARE PROVIDED BY SAMOVAR “AS IS” AND WITHOUT WARRANTY OF ANY KIND.

11. Governing Law; Venue

These Terms and your purchase of products from Samovar through the Site shall be governed and construed in accordance with the laws of the State of California, without resort to its conflict of law provisions to the contrary. You agree that any action at law or in equity arising out of or relating to these Terms or your purchase of products shall be filed only in the state and federal courts located in San Francisco, California, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.