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Terms of service


Terms of service (as of 12/10)

 


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. 

 

4. Copyrights and Trademarks: All materials displayed or otherwise accessible through this website are owned by DAVIDsTEA and third-party content suppliers and are protected under the applicable copyright and trademark laws of Canada and elsewhere. You hereby agree not to print, copy, reproduce, publish, transmit, distribute or make any other similar use of the contents of this website, including, but not limited to, the text, graphics, audio and visual content, and code. Notwithstanding the above, you may access this website and make a single copy of the material for your personal, non-commercial use. Nothing in this Agreement shall be construed as granting you a license for anything other than your personal use. 

 

5. Links: This webpage may contain links to other webpages that are operated by third parties and are not under the control of DAVIDsTEA. DAVIDsTEA is not responsible for and expressly excludes all liability with relation to these linked webpages which you access at your own risk, and DAVIDsTEA makes no representations, warranties or conditions concerning the linked webpages or their contents. 

 

6.Orders and Payment: When you submit an order on this webpage, your order shall be considered as an offer to DAVIDsTEA. DAVIDsTEA reserves the right to refuse your order at any time and for any reason, including but not limited to: (i) the availability of the products in your area (DAVIDsTEA specifically reserves the right to revise or cease to make available any of its products at any time); and (ii) if the products are incorrectly described or priced on the webpage. In the event that your order is cancelled or refused, you shall receive an email confirmation stating same. Additionally, if your order is refused or cancelled following payment, DAVIDsTEA will reimburse you for the full amount paid. Please note that all discounted items are final sale. 

 

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. 

 

7.  Shipping: DAVIDsTEA will ship based on the method you select from the available options. The estimated time of the arrival of your product should be considered as an estimate only, and DAVIDsTEA will not be responsible for any damages due to delays in shipping. 

 

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. 

 

8. Return Policy: If any of our products do not meet your expectations, we want to know. As such, please contact us with any issues. We will gladly exchange or refund your purchase within thirty (30) days of receipt of the returned merchandise. Please note that refunds will only be issued to the same credit card that was used for the original purchase, and do not apply to items purchased from a gift card or all sale/promotional items 

 

9. Disclaimer: To the fullest extent possible under the law, use of this webpage is at your own risk, and DAVIDsTEA hereby expressly disclaims any representations or warranties (express, implied or statutory) with regards to the webpage and your purchase of any products hereunder. This webpage is provided “as is”, and may contain errors, inaccuracies, viruses or bugs, and this webpage may not be up to date, and therefore is not to be relied upon. Specifically, DAVIDsTEA does not warrant that the product description or pricing is accurate. This exclusion applies to, but is not limited to, warranties of merchantability, quality and fitness for a particular purpose. Should you choose to download any content from this webpage, you do so at your own risk. 

 

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. 

 

11. Indemnification: You agree to indemnify, defend and hold harmless (including reasonable legal fees) DAVIDsTEA, its officers, directors, employees or agents from any action arising from your misuse of this website or the breach of any of the provisions of this Agreement. 

 

12. Miscellaneous: This webpage, any use of this webpage and any dispute relating thereto to or to the products purchased therein shall be governed and construed by the laws applicable to the Province of Québec, without regard to conflict of law rules. Both DAVIDsTEA and you agree to the exclusive jurisdiction of the Province of Québec. 

 

This Agreement and thePrivacy 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 (“Program”) is a free rewards program offered by DAVIDsTEA Inc. (“DAVIDsTEA”, we” and “our”) to its customers located in the US and Canada. The Program gives you the opportunity to earn Frequent Steeper™ points and rewards at DAVIDsTEA stores and online. 

 

Please carefully read these terms and conditions (“Terms and Conditions”). 

 

By creating an account or 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 with these Terms and Conditions or other terms incorporated by reference, do not participate in this Program. 

 

1. Membership Eligibility 

 

Membership in the Program (“Membership”) is free. No purchase is necessary. To participate, you must be a US or Canadian legal resident, 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 a requirement in the jurisdiction of your residence. Program Membership is not available to corporations, businesses, charities, partnerships, enterprises or anyone other than an individual, unless written approval is received in advance from DAVIDsTEA in its sole discretion. There is a limit of one Membership per individual. Employees, officers, directors, agents and representatives of DAVIDsTEA and its affiliates are not eligible for Membership. 

 

There are two (2) ways to enroll in the Program: 

 

1. In-store: Create your account in store. You will need to provide an e-mail address.  

2. Online: Create your DAVIDsTEA account online here. You will need to provide an e-mail address.  

 

Other technology for enrolling and participating in the Program may be approved by DAVIDsTEA from time to time. 

 

2. Earning Frequent Steeper™ Points 

 

Under the Program, for every dollar (see section 20 below for your applicable currency) spent on DAVIDsTEA merchandise online at www.davidstea.com or in DAVIDsTEA retail stores, you will receive 1 Frequent Steeper™ point when you provide or check out with the e-mail address that is associated with your Program account (see section 8 below for exclusions). The number of points awarded will be calculated based on the rounded-up amount closest to the net amount invoiced and paid. 

 

We may also offer bonus points for promotions or events from time to time. In such circumstance, the bonus points offer would apply instead of the one-point-for-one-dollar formula. For example, if we have a 3x points offer on a particular product, a Member would get 3 points for every Canadian or US dollar spent instead of the usual 1 point. 

 

Before completing your purchase, you must provide your Frequent Steeper™ registered e-mail address to have any points credited to your account.  

 

Points have no cash value and can only be redeemed for Rewards (as defined in section 5). Points cannot be redeemed on shipping fees. Points are never redeemable for cash, for another product (unless expressly permitted by DAVIDsTEA), for gift cards or for e-gift certificates and cannot be used as payment for any in-store services. 

 

3. Earn Rewards with Frequent Steeper Points 

 

You will earn one (1) Reward as described in section 5 below for every 100 points accumulated in your Program account. Every time you reach a 100-point level, you can turn your points into one (1) DAVIDsTEA reward in your account. We will then send an e-mail to the e-mail address associated with your account to advise you of your Reward redemption code. The converted points will at the same time be automatically deducted from your account and they will no longer be visible in your current points balance. A Reward cannot be earned for less than 100 points. 

For example, if you earn 290 points after one qualified purchase, you will be able to convert your points to Rewards within 24 hours. The two (2) Rewards in your Program account and your points balance will be at 90 points. 

 

For example, if you earn 80 points on your first purchase (which expire 365 days from that purchase date), then on your second purchase, you earn another 20 points (those 20 points will also expire 365 days from that second purchase date), as long as you convert your points before the 365-day mark from the first purchase, you will now be able to redeem your reward. 

 

4. Redeeming your Rewards 

 

You must reach 100 points to redeem a reward. You will have 365 days after the date ofpurchase to convert  your points into a Reward. Points expire on the 365th day at 11:59:59PM est. Earned Rewards can be redeemed online on our “Choose Your Reward” page: 

 

Online with a purchase of merchandise at davidstea.com. We cannot ship your Reward unless you purchase merchandise. No minimum purchase amount is required. However, the retail value of the Reward is not accounted for in the calculation of the minimum purchase amount for free shipping. When logged into your Frequent Steeper account, you can convert your points to Rewards, copy the redemption code and use in your online basket at the checkout process. Rewards can only be shipped to addresses  in Canada or the USPlease note: As we revamp our store systems, we have temporarily paused in-store redemptions starting in December 2025. In the meantime, you can continue to earn points on any online or in-store purchase and use your points to redeem your reward(s) online. 

 

 

5. Rewards 

 

Under this Program, a reward ("Reward") is your choice of one of the following items: 

 

1. You can select any 50 g reward of select teas. 

 

2. 100 pts = 1x 50 g/1.8 oz of select tea. For example, Forever Nuts, Organic Cream of Earl Grey and many more! 

 

3. 200 pts = 2x 50 g/1.8 oz of select teas or 1x 50 g/1.8 oz of Garden to Cup teas & matchas. For example, Organic Nepal Black, Organic Vanilla Matcha and many more! 

 

4. Non-sellable merchandise exclusive to the Program, as available from time to time. 

 

Other Rewards may be offered by DAVIDsTEA from time to time in its sole discretion. DAVIDsTEA makes no guarantee that your Reward choice will be available at the time you make your selection. If your Reward choice is not available, we will take reasonable efforts to provide an equivalent item. 

 

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. DAVIDsTEA is not responsible for lost, stolen or damaged Cards or Rewards. DAVIDsTEA is not responsible for any taxes incurred by customers or their guests. Some Rewards may only be available to residents of a particular country (e.g., US only or Canada only). Rewards are subject to change, alteration, substitution, or termination by DAVIDsTEA at its sole discretion at any time. 

 

In the event a Reward arrives damaged, you received the wrong Reward, or a Reward you ordered is missing from your shipment, you have 7 days following your receipt of the shipment to contact DAVIDsTEA Customer Service. Otherwise, Rewards will be deemed accepted as is and may not be returned or exchanged. 

 

If DAVIDsTEA authorizes you to return a Reward after you have taken possession of it, then your Reward will be re-credited in your account. 

 

6. Your Program Account 

 

You may have only one Program account. You can view online your current point balance in your Membership account. You may also obtain this information by asking one of our employees in-store. To view your balance online, simply log in to your online account. This Program account page can be accessed by logging into your online account at davidstea.com. 

 

If DAVIDsTEA accepts a product return and refunds you for any item you purchased for which you received Frequent Steeper™ points, then: 

 

  1. The corresponding points will be deducted accordingly in your Program account; and 

 

  1. Any Reward earned after making the original purchase will be cancelled and all of the points you accumulated for such Reward will credited in your Program account. Accounts may have a negative balance. 

 

7. Other Program Perks 

 

Special offers may be made to members from time to time, and bonus points may be awarded during a limited time when purchasing certain products and services, at the conditions stipulated at that time. As well, special offers could be made to members based on their profile, their needs, their geographical location, or their past participation in the Program. 

 

8. Earning and Redemption Exclusions 

 

Frequent Steeper™ points cannot be earned or redeemed for any of the following: (i) payment in the form of prepaid cards, (ii) a deposit (e.g., a water bottle deposit, as it is not a purchase), (iii) cash back, (iv) gifts with purchases, (v) applicable taxes, (vi) delivery and shipping charges, (vii) purchases made through third parties in their locations or online (e.g. Loblaws, Provigo, Amazon or eBay), (viii) points earned in a manner not permitted by these Terms and Conditions or any offer as determined in our sole discretion, (ix) any other product or service that may not legally be offered in your jurisdiction in connection with the Program, or (x) any other products or service that we may specify from time to time or where prohibited by law. 

 

9. Super Steeper VIP Status 

 

As a member, you are eligible to obtain Super Steeper status. Super Steeper status is unrelated to your number of accumulated points and is conferred every time you spend $400 in eligible dollars (see paragraph 8) during a Program Year. You have to be logged into your account , so we can track your eligibility for Super Steeper status. See section 20 below for your applicable currency. “Program Year” means a 12-month period (365 days) starting on the date of your first purchase under the Program as a registered Frequent Steeper™ member. Your Super Steeper status will be valid for the Program Year in which you qualified as such and for the following full Program Year. After that, your Super Steeper status will expire, although you may qualify again as a Super Steeper as provided above. 

 

For example, suppose you enroll in the Program on September 14th, 2018 and make your first purchase under the Program on October 22nd, 2018. The first applicable Program Year will be from October 22nd, 2018 to October 21st, 2019. If you attain Super Steeper status on August 1st, 2019, your VIP status will be applicable until October 21st, 2020, i.e. for (a) the remaining period of time of your first Program Year from August 1st, 2019 to October 21st, 2019, plus (b) the following Program Year starting on October 22nd, 2019 and ending on October 21st, 2020. 

 

As a Super Steeper, you will have access to exclusive VIP perks as they may be offered from time to time through e-mail notification to the e-mail address associated with your account. These perks may include: 

 

  1. Swag offers (as further defined and described below; limited quantities, while supplies last) 

 

  1. Store events 

 

  1. Early access to sale items 

 

  1. Access to limited run teas 

 

  1. Details on how to claim or access to any such above VIP perk will be explained in each dedicated offer. 

 

Swag” is non-sellable DAVIDsTEA branded merchandise specific to VIPs under the Program and are subject to the following conditions: 

 

  • We will notify you when you have earned a Swag item. 

 

  • Swag offers are for a limited time only, in a limited quantity, while supplies last, and are provided on a first-come, first-served basis. 

 

  • Swag offers are conditional upon you spending over $400 per Program Year (in eligible dollars, see paragraph 8). You have to be logged into your account , so we can track your eligibility for Super Steeper status,in the same way as for earning points (section 2). This is independent of the applicable period of time in which your VIP status is valid. 

 

  • You may only redeem one Swag item per 12-month period. 

 

10. Point Expiration 

 

It's our hope that you accumulate points on a regular basis. All unredeemed points will automatically expire if you do not engage in point activity associated with your Membership account (through purchase) for 365 days or more. (As provided in section 4 above; unredeemed points will already have expired by that time.) If you have questions regarding the date of your last point activity or your last purchase ask us by contacting DAVIDsTEA Customer Service  or visiting a DAVIDsTEA store. 

 

Before you reach 365 days of inactivity (meaning that no points have been awarded or converted into Rewards during that period), we will send an e-mail to the address associated with your account advising you that if no transaction is made before the date of expiration provided (“Expiration Date”), the points in your account will expire and will be cancelled at such time. This inactivity e-mail notice will be sent to the e-mail address associated with your account between thirty (30) to sixty (60) days before your points are cancelled at the Expiration Date. If there is no activity at the Expiration Date, your points in your member account will be automatically cancelled. 

 

Even if your points expire, your account will remain open and you will continue to receive communications by e-mail related to the Program and DAVIDsTEA (subject to section 14). You will be able to reactivate your Program account and thereby recommence earning new points under the Program. Reactivating an account will not restore cancelled points. 

 

In addition, points and Rewards will automatically be cancelled if your Membership is suspended, revoked or otherwise terminated for reasons further detailed in section16. 

 

11. Privacy 

 

DAVIDsTEA’sPrivacy Policy (the “Privacy Policy”) applies to the Program and is available at www.DAVIDsTEA.com or upon request through DAVIDsTEA Customer Service. Please refer to our Privacy Policy. This Privacy Policy may be amended from time to time. By agreeing to these Terms and Conditions, you are also agreeing (or if you are a minor, your parent or legal guardian agrees) to the terms of the Privacy Policy and you undertake to review those terms, as such may be amended from time to time upon prior notice. 

 

12. Website Terms & Conditions 

 

DAVIDsTEA’s website Terms of Service (the “Website Terms”) apply to the Program every time you use our website for the Program. The Website Terms are available at www.davidstea.com or upon request through DAVIDsTEA Customer Service.  Please refer to our Website Terms every time you use our website. These Website Terms may be amended from time to time. By agreeing to these Terms and Conditions, you are also agreeing (or if you are a minor, your parent or legal guardian agrees) to the Website Terms and you undertake to review those terms, as such may be amended from time to time. 

 

13. Communications from DavidsTea 

 

By submitting an application for Membership in the Program, you agree (or, if you are a minor, your parent or legal guardian agrees) to receive advertising, marketing materials and other communications from DAVIDsTEA. By signing up to join the Program, you will automatically be subscribed to receive Program e-mails. 

 

14. Opting Out of Communications with DavidsTea 

 

If you do not wish to receive these communications by DAVIDsTEA, you can unsubscribe by clicking on the unsubscribe option that we will make available in the e-mail communication. Opting out will not affect your rights and privileges under the Program. 

 

15. Changes to the Program 

 

DAVIDsTEA reserves the right to unilaterally modify, limit, suspend and interrupt Program Terms and Conditions without prior notice. The following terms and conditions can be modified: Program eligibility terms, number of points awarded per dollar spent, necessary amount of points for conversion into Rewards, Reward offers, eligible purchases to earn points, the period of time for inactivity for point expiration, etc. 

 

In the event these Terms and Conditions or any aspects of the Program are restricted, suspended or changed, we will provide you advance notice by posting the amended Terms and Conditions online at davidstea.com, and by sending a notice to the e-mail address associated with your account. The notice will contain a comparison illustrating the changes. Your continued participation in the program following such notice will constitute your consent to any amendments to these terms and conditions, or any other aspect of the program. 

 

In the event that the amendment entails an increase in your obligations or a reduction in our obligations and you do not agree to such amendment, you may close your account and cancel your participation in the Program without cost or penalty. You will then have 365 days to convert your points into an earned Reward in your Account. Any points that are not converted into Rewards after 365 days will be forfeited. 

 

The version of the Program Terms and Conditions on the DAVIDsTEA website shall prevail over any other previous versions. 

 

16. Termination 

 

We reserve the right to: 

 

  1. terminate the Program, or any part of it, at any time f the Program is terminated, you will have up to 365 days after the effective termination date to convert any earned points into a Reward in your account. After the expiry of the 365-day period, any points that have not been converted and all points will be forfeited, and your Membership will end; 

 

  1. terminate your participation in the Program immediately on grounds of any abuse, manipulation, fraud, tampering with the Program, failure to repeatedly follow any Terms and Conditions of the Program, any conduct detrimental to the interests of DAVIDsTEA. In the event of such termination, we will send an e-mail notice to the e-mail address associated with your account. Upon such termination, any all points will be forfeited and your Membership will end; and 

 

  1. withdraw or temporarily change or suspend all or part of the Program in any way, in the event of a material error, omission, technical problem, computer virus or bugs, tampering, unauthorized intervention, fraud, technical failure or any other cause beyond our reasonable control that interferes with the proper conduct of any aspect of the Program as set out in these Terms and Conditions. Any attempt to deliberately damage any website or to undermine the legitimate operation of the Program in any way (as we may determine at our sole discretion) could be a violation of criminal or civil laws and should such an attempt be made, we reserve the right to seek remedies and damages to the fullest extent permitted by law. 

 

 

Members may leave the Program at any time, at their sole discretion, by sending an e-mail to this effect to Customer Service. The member’s information will be deleted upon their specific demand and the points accumulated and Reward(s) earned or Swag item(s)  made available in the account will be revoked and cancelled. 

 

17. Release and Limitation of Liability 

 

To the fullest extent permitted by law, you discharge and release DAVIDsTEA and its affiliated entities from, and you agree that they will not be liable for, any liabilities or damages of any kind arising out of or in connection with your participation or membership in the program, the redemption and use/misuse of any item, event or experience obtained through the redemption of points or rewards or otherwise in connection with the program, including liability and damages arising out of changes to or termination of the program. This is a comprehensive limitation of liability that applies to all damages of any kind, including but not limited to direct, indirect, incidental, punitive, or consequential damages, loss of data, income, or profit, loss of or damage to property and claims of third parties which are specifically excluded. to the fullest extent permitted by law, the limitations on DAVIDsTEA’s affiliated entities’ liability set forth herein shall apply whether for breach or repudiation of contract, or whether in tort, civil liability by way of negligence, gross negligence, strict liability, or otherwise, even if advised of the possibility of such damage. by agreeing to these terms, you willingly agree (or, if you are a minor in your jurisdiction, your parent or legal guardian willingly agrees) that you have relinquished your right to seek these damages from DAVIDsTEA and its affiliated entities and that this is a reasonable allocation of risk. without prejudice to the foregoing, to the fullest extent permitted by law, in no event shall our maximum aggregate liability exceed forty Canadian dollars (cad 40.00). 

 

18. Copyright 

 

All Program design, text, graphics, logos, button icons, images, audio clips, the selection and arrangement thereof, and all proprietary software is Copyright © DAVIDsTEA, all rights reserved. The compilation (meaning the collection, arrangement and assembly) of all Program content is the exclusive property of DAVIDsTEA and protected by U.S. and Canadian copyright laws. All software used in connection with the Program is the property of DAVIDsTEA or its software suppliers and is protected by Canadian and US copyright laws. Unless otherwise indicated on a particular part of the Program materials, permission is granted to electronically copy and to print in hard copy portions of the Program materials for the sole purpose of accessing the Program and the services provided therein for personal use. Any other use of Program materials - including reproduction, modification, distribution, republishing, transmission, display or performance - without the prior written permission of DAVIDsTEA is strictly prohibited. 

 

19. Trademarks 

 

Frequent 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 that is likely to cause confusion among customers, or in any manner that disparages or discredits DAVIDsTEA. All other trademarks, product names and company names or logos cited herein are the property of their respective owners. 

 

20. Resolving Disputes 

 

If a dispute should arise between you and DAVIDsTEA, we want to provide you with a resolution that is efficient and cost effective by using our Customer Service team. Almost all customer service disputes can be resolved to the customer's satisfaction by using our Customer Service, reachable at www.davidstea.com/pages/contact 

Notwithstanding section 20 above, any and all claim and liability in connection with or arising out of the Program, Rewards or these Terms and Conditions for which DAVIDsTEA may be responsible at law will only be in the Canadian currency, even if you are non-Canadian resident. 

 

21. Choice of Law and Venue 

 

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

 

22. General Provisions 

 

  1. You are responsible for protecting and keeping secure your account and any password or security questions used in connection with your account. 

 

  1. Your account is non-transferable, will remain the property of DAVIDsTEA and must be returned upon requests. 

 

  1. If any of the information you were required to submit when you registered for the Program changes (such as your name, mailing address, e-mail address or phone number), you must let us know immediately and give us your current information. We are not responsible if we cannot contact you because you have not given us current, accurate information. 

 

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

 

  1. Membership and all rights related to this Program are personal and member accounts are non-transferable. In the event of death, member accounts will be closed and the accumulated points and Rewards in the account will be cancelled. 

 

  1. The provisions of this Program are intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event any provision is found to be partially or wholly invalid, illegal or unenforceable, such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal, and enforceable. 

 

  1. Our failure to exercise any of our rights, powers or remedies in these Terms and Conditions or at law, or any delay in doing so, does not constitute a waiver of those rights, powers or remedies. The single or partial exercise of a right, power or remedy does not prevent its subsequent exercise or the exercise of any right, power or remedy. 

 

  1. Words in the singular form shall be construed to include the plural and vice versa, unless the context otherwise requires, and the word “including” means “including but not limited to”. 

 

23. How to Contact Us 

 

If you have any questions about the Program, need any help or information, please contact DAVIDsTEA Customer Service online via our webpage page at www.davidstea.com/pages/contact, or visit your local DAVIDsTEA store. 

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