Terms & Conditions

Please read these terms and conditions prior to the use of this website. 

Welcome to the webpage of DAVIDsTEA Inc. (“DAVIDsTEA”). Please review this agreement (the “Agreement”), which shall apply to the use of this webpage, as well as to the purchase of all products sold to you through this webpage. By using this webpage you represent that you have reviewed and understand the terms and conditions set out therein and that you agree, without limitation or qualification, to be bound by the terms and conditions of this Agreement. 

As the terms of this Agreement may be modified at DAVIDsTEA’s sole discretion, without any obligation to notify you, we advise that from time to time you check this webpage to review the changes. Your continued use of this webpage shall constitute your consent to any changes. 

1. Privacy Policy: The use of this webpage is subject to the DAVIDsTEA Privacy Policy. By accessing this webpage, you agree that you have read and consent to be bound not only to this Agreement, but also to the Privacy Policy. 

2.  Use of this Webpage: You acknowledge and warrant that any information you may post, transmit or submit to this webpage does not: (i) infringe on your rights; (ii) infringe on a third party’s rights, specifically but not limited to any intellectual property rights, or any other confidential or proprietary right; and (iii) constitute a criminal offence or give rise to civil liability. Additionally, you acknowledge and warrant that you will not knowingly post, transmit or submit any information that will cause damage to either the webpage or to any other user. 

Your rights with regard to accessing this webpage may be terminated or restricted at any time at the sole discretion of DAVIDsTEA. DAVIDsTEA is not required to give you advance notice or explanation for the termination. This termination shall be in addition to any other rights that DAVIDsTEA may choose to enforce. 

3.  Customer Account: You are responsible for maintaining the security of your customer account on this webpage. Should any charges or damages occur due to you not taking reasonable care of your customer account or password, you agree that you will be held solely responsible.  

The third-party credit card service provider must approve all purchases made through the use of a credit card. 

You agree not to resell any products purchased under this Agreement, nor to transfer any of your rights hereunder without the prior written consent of DAVIDsTEA. 

Charges for shipping will be listed when you purchase the product from this webpage. You are responsible for all federal and provincial/state shipping related taxes, and you agree to comply will all export laws of Canada that apply to the products purchased or received under this Agreement. 

DAVIDsTEA uses a third-party shipping service provider to ship its products. As such, DAVIDsTEA will not be liable for any loss, damages (direct or indirect) or expense due to shipping. Title and risk of loss shall pass to you at the moment the product that you have purchased is transferred to the third-party shipping service provider. 

10. Limitation of Liability: You hereby waive all remedies, warranties, guarantees or liabilities, arising from law or otherwise. In no event shall DAVIDsTEA, its officers, representatives or employees be liable to you for any damages, however caused, including but not limited to direct, indirect, special, consequential, incidental, punitive or otherwise. DAVIDsTEA, its officers, representatives and employees shall not be liable for lost profits, business interruption, any computer related damage or loss of data. DAVIDsTEA hereby excludes all liability with respect to the transmission of viruses or bugs. This Entire limitation shall apply even if DAVIDsTEA, its officers, representatives or employees were informed of the possible occurrence of the above mentioned damages. DAVIDsTEA’s maximum liability shall in no event exceed the amount paid by the purchaser for the product. This limitation is an essential element of the agreement between DAVIDsTEA and you. 

This Agreement and the Privacy Policy shall constitute the entire agreement between the parties and there are no other written or verbal agreements or representations relating to the subject matters described herein. 
 Should any provision of this Terms of Use be deemed invalid or unenforceable, those provisions shall be severed from the Agreement, but shall not effect the validity of the other provisions. 

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The Frequent Steeper™ program terms and conditions 

 

The Frequent Steeper™ Program (the "Program") is a free rewards program offered by DAVIDsTEA Inc. ("DAVIDsTEA", "we", "us" and "our") to its customers located in Canada and the United States. Members earn points on purchases and other eligible activities and can then exchange those points for free loose leaf tea, matcha and other rewards at DAVIDsTEA stores and online at davidstea.com.

Please read these terms and conditions (the "Terms and Conditions") carefully. By creating an account, or by accessing, participating in or using the Program, you agree to be bound by these Terms and Conditions and by all terms incorporated by reference. If you do not agree, do not participate in the Program.

1. Membership Eligibility

Membership in the Program ("Membership") is free, and no purchase is necessary. To participate, you must be a legal resident of Canada or the United States, 13 years of age or older, and must obtain the consent of your parent or legal guardian if you are under the age of majority and such consent is required where you live. Membership is limited to individuals and is not available to corporations, businesses, charities, partnerships or other entities unless DAVIDsTEA approves it in writing in advance. There is a limit of one Membership per individual. Employees, officers, directors, agents and representatives of DAVIDsTEA and its affiliates are not eligible.

You can join the Program by:

1.     Creating a DAVIDsTEA account online at davidstea.com;

2.     Signing up in a DAVIDsTEA store with your e-mail address; or

3.     Any other enrollment method DAVIDsTEA makes available from time to time.

Once enrolled, you may also add the DAVIDsTEA Loyalty Pass to your mobile wallet to view your points and identify yourself as a member.

2. Earning Points

Purchases. You earn 1 Frequent Steeper™ point ("point") for every $1 spent on eligible DAVIDsTEA merchandise in DAVIDsTEA stores or online at davidstea.com, calculated on the net amount paid after discounts and before taxes and shipping (see section 20 for your applicable currency). To earn points, you must be signed in to your account when ordering online, or provide the e-mail address associated with your Membership when purchasing in store. Exclusions are listed in section 8.

Activities. You can also earn points by completing the following activities, each subject to the limits DAVIDsTEA sets for it:

Activity	Points
Signing up for the DAVIDsTEA e-mail list	10
Signing up for the DAVIDsTEA SMS list	10
Referring a friend (see section 6)	10
Downloading the DAVIDsTEA Loyalty Pass	10
Your birthday (see section 6)	5
Following DAVIDsTEA (@davidstea) on Instagram	5

The current list of activities is shown in the Earn Points section of your account and may change from time to time. Points for each sign-up or follow activity can be earned once per Membership.

Bonus points. We may offer bonus points for promotions or events from time to time. When a bonus offer applies, its stated rate replaces the standard 1-point-per-$1 rate for the eligible purchase. For example, during a 3x points offer on a product, a member earns 3 points for every $1 spent on that product.

Points have no cash value, are not property of the member, and can only be exchanged for Rewards (as defined in section 4).

3. Point Status and Timing

Points earned on a purchase are credited to your account within a few days of your order being fulfilled. Until then, they appear as Pending in the History section of your account. Points from some activities may also show as Pending while they are verified.

Each point in your account has one of the following statuses:

Status	Meaning
Approved	Available to exchange for Rewards.
Pending	Being verified; will become Approved once verification is complete.
Cancelled	Will not be added to your account, for example because the order was cancelled or fully refunded.
Expired	Not used within 365 days of being earned and no longer available (see section 7).

Only Approved points can be exchanged for Rewards.

4. Rewards and Redemption

You can exchange Approved points for the following rewards (each a "Reward"), mixing and matching based on the point value of the teas you choose:

Points	Online Reward
100	50 g of select loose leaf tea
200	50 g of select loose leaf tea or matcha drink mix
300	50 g of any traditional matcha

 

Mixing and matching. You don't have to spend all your points on a single Reward. You can split your Approved points across as many Rewards as your balance covers, in any combination. For example:

Your points:	You could choose:
200	Two 100-point teas OR one 200-point tea or matcha drink mix
300	Three 100-point teas OR one 100-point tea + one 200-point tea or matcha drink mix OR one 300-point traditional matcha
400	Four 100-point teas OR two 100-point teas + one 200-point tea or matcha drink mix OR one 300-point traditional matcha + one 100-point tea

Any points you don't use stay in your account until they expire under section 7.

Online. Sign in to your account at davidstea.com, go to the Rewards Zone on the Frequent Steeper™ program page, and choose the tea or matcha you'd like. Points cannot be applied directly at checkout. Online Rewards are shipped with a merchandise order only; no minimum purchase is required, but the value of a Reward does not count toward any free-shipping threshold. Rewards can only be shipped to addresses in Canada or the United States.

In store. You can exchange points in a DAVIDsTEA store for the equivalent amount of loose leaf tea, matcha drink mixes, or traditional matcha to online Rewards. Points can also be redeemed for Tea Bar beverages at a rate of 100 points for any beverage. Starting at a minimum of 100, points are redeemable for Rewards only in increments of 100 (100, 200, 300, etc.). Provide the e-mail address associated with your Membership to redeem.

Availability. Rewards are subject to availability, and some Rewards may only be available in a particular country or store. If your chosen Reward is unavailable, we will make reasonable efforts to provide an equivalent item. Other Rewards, including non-sellable merchandise exclusive to the Program, may be offered from time to time at DAVIDsTEA's discretion.

Conditions. Rewards are non-transferable, have no cash value (unless required by law), and cannot be sold, returned, or exchanged for points, cash, another Reward, products, gift cards or e-gift certificates. Points and Rewards cannot be applied to shipping fees, taxes or gift card purchases, and Frequent Steeper™ Rewards cannot be applied to orders placed through the Shop app. DAVIDsTEA is not responsible for any taxes incurred by members and is not responsible for lost or stolen Rewards. Rewards are subject to change, substitution or termination at DAVIDsTEA's sole discretion.

If a Reward arrives damaged, the wrong Reward is received, or a Reward is missing from your shipment, you must contact DAVIDsTEA Customer Service within 7 days of receiving the shipment. Otherwise, the Reward will be deemed accepted as is.

5. Super Steeper Status

You unlock Super Steeper status once you earn 400 points within a calendar year. Exchanging points for Rewards does not reduce your progress toward Super Steeper status. Once unlocked, Super Steeper status remains valid for the rest of the calendar year in which you qualified and for the following calendar year, after which you may qualify again.

Super Steepers may receive exclusive perks offered from time to time by e-mail, such as early access to sales, access to limited-run teas, store events, and DAVIDsTEA-branded merchandise available only to Super Steepers ("Swag"). Swag offers are for a limited time, in limited quantities, while supplies last, on a first-come, first-served basis, and are limited to one Swag item per member percalendar year. Details on how to claim each perk will be included in the offer.

6. Birthday and Referral Perks

Birthday. If your birth date is saved in your account, you will receive 5 bonus points on your birthday and one free Tea Bar beverage of your choice, redeemable only in a DAVIDsTEA store. The birthday perk is available once per year and must be added to your account before your birthday to apply. A birth date can only be changed by contacting Customer Service.

Referrals. You can refer friends using the referral link in your account. A referred friend receives $15 off their first order of $30 or more (before taxes and shipping) at davidstea.com. You earn 10 points once the referred friend's order is fulfilled. If the referred order is cancelled or returned, the 10 referral points linked to that order will not be awarded, or will be removed from your account if already awarded. Referrals are limited to new DAVIDsTEA customers. Self-referrals, referrals to duplicate accounts, and referral links posted on coupon or deal sites are not permitted, and DAVIDsTEA may withhold or remove referral points and discounts obtained this way.

7. Point and Reward Expiration

Points are valid for 365 days from the date they are earned. Any points not exchanged for a Reward within that period expire at 11:59:59 p.m. Eastern Time on the 365th day and will be shown as Expired in your account. Each batch of points expires on its own schedule, based on the date it was earned.

Rewards are valid for 365 days from the date they appear in your account. Any Reward not redeemed online or in store within that period will expire.

Expired points and Rewards cannot be reinstated. Your account remains open after points expire, and you can continue to earn new points. Points and Rewards are also cancelled if your Membership ends or is terminated (see section 16).

8. Earning and Redemption Exclusions

Points cannot be earned or redeemed on any of the following:

1.     Purchases of gift cards or e-gift cards;

2.     The portion of any purchase paid with a gift card, e-gift card or other prepaid card;

3.     Deposits (for example, a water bottle deposit);

4.     Cash back;

5.     Gifts with purchase;

6.     Applicable taxes;

7.     Delivery and shipping charges;

8.     Purchases made through third parties, in their locations or online (for example, Loblaws, Provigo, Amazon or eBay);

9.     Orders placed through the Shop app (for redemption of Rewards);

10.  Points earned in a manner not permitted by these Terms and Conditions or any offer, as determined in our sole discretion;

11.  Any product or service that may not legally be offered in connection with the Program in your jurisdiction; and

12.  Any other product or service we may specify from time to time, or where prohibited by law.

9. Returns, Cancellations and Refunds

If an order is cancelled, or if DAVIDsTEA accepts a return and refunds all or part of a purchase for which you earned points:

1.     Points still Pending for that purchase will be Cancelled, in whole or in proportion to the amount refunded;

2.     Points already Approved for that purchase will be deducted from your account in the same proportion, which may result in a negative point balance; and

3.     Any referral or bonus points linked to that purchase will be removed.

If DAVIDsTEA authorizes the return of a Reward, the points used for that Reward will be re-credited to your account.

10. Your Program Account

You may have only one Program account. You can view your point balance within the ‘Rewards’ section, point statuses and history, and available Rewards by signing in to your account at davidstea.com, through the DAVIDsTEA Loyalty Pass, or by asking a DAVIDsTEA store employee.

11. Privacy

DAVIDsTEA's Privacy Policy (the "Privacy Policy") applies to the Program and is available at davidstea.com or on request through DAVIDsTEA Customer Service. By agreeing to these Terms and Conditions, you (or, if you are a minor, your parent or legal guardian) also agree to the Privacy Policy, as it may be amended from time to time.

12. Website Terms and Conditions

DAVIDsTEA's website Terms and Conditions (the "Website Terms") apply each time you use our website in connection with the Program. The Website Terms are available at davidstea.com or on request through DAVIDsTEA Customer Service. By agreeing to these Terms and Conditions, you (or, if you are a minor, your parent or legal guardian) also agree to the Website Terms, as they may be amended from time to time.

13. Communications from DAVIDsTEA

By joining the Program, you agree (or, if you are a minor, your parent or legal guardian agrees) to receive e-mails about the Program, including point and Reward updates. Marketing e-mails and SMS messages are sent only where you have given the consent required by applicable law.

14. Opting Out of Communications

You can unsubscribe from marketing e-mails or SMS messages at any time using the unsubscribe option in each message we send. Opting out does not affect your points, Rewards or other rights under the Program, but points already earned for signing up to the e-mail or SMS list will not be awarded again if you re-subscribe.

15. Changes to the Program

DAVIDsTEA may modify, limit, suspend or interrupt the Program and these Terms and Conditions, including eligibility, the number of points awarded per dollar or activity, the points needed for each Reward, the Rewards offered, eligible purchases and expiration periods.

If we make such a change, we will give you advance notice by posting the amended Terms and Conditions at davidstea.com and by sending a notice to the e-mail address associated with your account. The notice will include a comparison illustrating the changes. Your continued participation after the notice constitutes your consent to the amendment.

If an amendment increases your obligations or reduces ours and you do not agree to it, you may close your account without cost or penalty. Your Approved points will remain available for exchange until they expire under section 7.

The version of these Terms and Conditions posted at davidstea.com prevails over any previous version.

16. Termination and Leaving the Program

We reserve the right to:

1.     End the Program, or any part of it, at any time. If the Program ends, you will have up to 365 days after the effective termination date to exchange your Approved points for Rewards, after which all remaining points will be forfeited and your Membership will end;

2.     End your participation in the Program immediately for abuse, manipulation, fraud, tampering with the Program, repeated failure to follow these Terms and Conditions, or conduct detrimental to the interests of DAVIDsTEA. We will send a notice to the e-mail address associated with your account, and all points and Rewards will be forfeited; and

3.     Withdraw, change or suspend all or part of the Program in the event of a material error, omission, technical problem, computer virus or bug, tampering, unauthorized intervention, fraud, technical failure, or any other cause beyond our reasonable control that interferes with the proper conduct of the Program. Any attempt to deliberately damage any website or undermine the legitimate operation of the Program may violate criminal or civil laws, and we reserve the right to seek remedies and damages to the fullest extent permitted by law.

You may leave the Program at any time by contacting DAVIDsTEA Customer Service. When you leave, all points, Rewards and Swag available in your account will be cancelled, and your Program information will be deleted on your request.

17. Release and Limitation of Liability

To the fullest extent permitted by law, you discharge and release DAVIDsTEA and its affiliated entities from, and agree that they will not be liable for, any liabilities or damages of any kind arising out of or in connection with your participation in the Program, the redemption and use or misuse of any item, event or experience obtained through points or Rewards, or otherwise in connection with the Program, including changes to or termination of the Program. This limitation applies to all damages of any kind, including direct, indirect, incidental, punitive or consequential damages, loss of data, income or profit, loss of or damage to property, and claims of third parties, whether in contract, tort, negligence, gross negligence, strict liability or otherwise, even if advised of the possibility of such damage. To the fullest extent permitted by law, our maximum aggregate liability will not exceed forty Canadian dollars (CAD $40.00).

18. Copyright

All Program design, text, graphics, logos, button icons, images, audio clips, their selection and arrangement, and all proprietary software are Copyright © DAVIDsTEA, all rights reserved, and are protected by Canadian and U.S. copyright laws. Unless otherwise indicated, you may electronically copy and print portions of Program materials solely to access the Program for personal use. Any other use, including reproduction, modification, distribution, republishing, transmission, display or performance, without DAVIDsTEA's prior written permission is strictly prohibited.

19. Trademarks

Frequent Steeper™, Super Steeper, davidstea.com, and all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of DAVIDsTEA and may not be used in connection with any product or service that is not offered by DAVIDsTEA, in any manner likely to cause confusion among customers, or in any manner that disparages or discredits DAVIDsTEA. All other trademarks, product names, company names and logos cited are the property of their respective owners.

20. Currency and Resolving Disputes

Points are earned per $1 spent in the currency of your purchase: Canadian dollars for purchases in Canada or on the Canadian store, and U.S. dollars for purchases in the United States or on the U.S. store.

If a dispute arises between you and DAVIDsTEA, we want to resolve it efficiently through our Customer Service team, reachable at www.davidstea.com/pages/contact. Any claim or liability in connection with the Program, Rewards or these Terms and Conditions for which DAVIDsTEA may be responsible at law will be payable only in Canadian currency, even if you are not a Canadian resident.

21. Choice of Law and Venue

These Terms and Conditions and any related dispute are governed by and construed in accordance with the laws of the Province of Québec, Canada, excluding its conflict of law rules. You consent to the exclusive jurisdiction and venue of a court of competent jurisdiction located in the district of Montréal, Québec, Canada.

22. General Provisions

1.     You are responsible for keeping your account, password and any security questions secure.

2.     Membership and all related rights are personal and non-transferable, and your account remains the property of DAVIDsTEA.

3.     You must keep the information in your account (such as your name, mailing address, e-mail address and phone number) current. We are not responsible if we cannot contact you because your information is out of date.

4.     We may sell or transfer all or part of the Program to a related company or third party, merge with another entity, or engage in any corporate reorganization or financing transaction.

5.     In the event of a member's death, the account will be closed and all points and Rewards will be cancelled.

6.     These Terms and Conditions are intended to be interpreted so as to be valid, legal and enforceable. If any provision is found partially or wholly invalid, illegal or unenforceable, it will be modified or restricted only as necessary to make it enforceable, and the remaining provisions will continue in effect.

7.     Our failure or delay in exercising any right, power or remedy does not waive it, and a single or partial exercise does not prevent any further exercise.

8.     Words in the singular include the plural and vice versa, unless the context requires otherwise, and "including" means "including but not limited to".

23. How to Contact Us

If you have any questions about the Program, need help, or want to report a problem or give feedback, please contact DAVIDsTEA Customer Service at www.davidstea.com/pages/contact or visit your local DAVIDsTEA store.