Terms & Conditions

Last Updated: 01 January 2025

Company Details

Legal Entity: Teafy Pty Ltd
ABN: 63 658 494 010
ACN: 658 494 010
Registered Office: 470 St Kilda Road, Melbourne, VIC 3004, Australia

By accessing www.teafy.com.au (“Site”), placing an order, or subscribing to any Teafy service, you agree to be bound by these Terms & Conditions (“Terms”).

1. Acceptance of Terms

1.1 These Terms govern all purchases, subscriptions and website usage. By accessing the Site, creating an account or placing an Order, you accept and agree to be legally bound by these Terms.

1.2 Teafy may amend these Terms at any time. Important changes to subscription pricing, cancellation rules or refund rights will be notified via email, Site updates or the Customer Portal at least 14 days before taking effect.

1.3 Continued use of the Site after changes take effect constitutes acceptance of the amended Terms.

1.4 These Terms are governed by the laws of Victoria, Australia. You submit to the exclusive jurisdiction of the Victorian courts.

1.5 If any part of these Terms is found to be invalid, illegal or unenforceable, the remaining parts will continue in full force.

2. Accuracy of Information

2.1 Teafy publishes all content on the Site in good faith. However, information, descriptions, pricing, promotions, images and packaging details may vary or contain minor errors.

2.2 Teafy does not warrant that Site content is accurate, complete or current.

2.3 To the maximum extent permitted by law, Teafy is not liable for loss arising from reliance on Site material, including errors, delays, omissions or interruptions. This clause does not exclude rights and remedies available under the ACL.

3. Product Descriptions

3.1 Product descriptions, photos and visual content are for illustrative purposes only. Actual products may vary due to natural variations in tea, matcha and other agricultural ingredients.

3.2 Natural variations in colour, taste, packaging or aroma are not considered defects.

3.3 These variations do not give rise to refund or replacement rights except where required under the Australian Consumer Law (ACL).

4. Pricing, GST & Invoicing

4.1 All prices are in Australian Dollars (AUD).

4.2 Tea and basic food items may be GST-free pursuant to the GST Act. Non-food items include GST unless specified otherwise.

4.3 Teafy may issue tax invoices where required.

5. Orders, Title & Risk

5.1 An Order submitted via the Site constitutes an offer to purchase Goods.

5.2 Teafy may accept or reject any Order for any reason. An Order is accepted when Teafy issues an Order Confirmation email.

5.3 Title passes to the customer only once full payment is received.

5.4 Risk and delivery: Risk in Goods supplied to consumers remains with Teafy until the Goods are delivered to the customer nominated address

or collection point, subject to the ACL. Tracking events, delivery scans, safe drop confirmation, and carrier confirmation may be relied upon as evidence of delivery to the nominated address or collection point.

5.5 Teafy may cancel an Order where:

(a) payment fails or is reversed;

(b) suspicious or fraudulent activity is detected;

(c) incorrect or incomplete address details are provided;

(d) pricing or listing errors occurred; or (e) the customer has been previously banned, blocked or restricted.

6. Accounts & Registration

6.1 You must provide accurate and current information when creating an account.

6.2 You are responsible for all activity under your account.

6.3 Teafy may suspend, restrict, or permanently ban accounts for:

(a) abusive, threatening or aggressive behaviour;

(b) fraudulent activity; (c) repeated chargebacks;

(d) false information;

(e) manipulation of promotions or subscriptions; or

(f) breach of these Terms.

7. Subscription Terms (Subscribe & Save)

7.1 Selecting Subscribe & Save authorises Teafy to charge your stored payment method for recurring Orders at the chosen frequency.

7.2 Minimum term: A minimum subscription term of two (2) months applies unless otherwise stated at checkout.

7.3 Cancellation must occur at least one (1) Business Day before the renewal date to avoid being charged for the next cycle.

7.4 If you contact Teafy within a short time after renewal and the Goods have not been dispatched, Teafy may, at its discretion, cancel and refund the renewal. This is a goodwill gesture only.

7.5 Discount integrity and early cancellation:
Subscription pricing is conditional pricing offered in exchange for the minimum term commitment.
If a subscription is cancelled before the minimum term is completed, Teafy may recover the discount actually applied by charging the difference between the discounted subscription price and the standard retail price for Goods supplied during the minimum term period.
This charge is not a penalty and reflects the discount received. Teafy will not charge an amount greater than the total discount actually received.

7.6 Subscription changes, including pricing amendments, will be communicated with reasonable notice. Continued use constitutes acceptance.

7.7 Subscription orders affected by incorrect addresses, non collection, failed delivery attempts, refusal of delivery, or other returned to sender events not caused by Teafy are handled under clause 8.6.

7.8 Payment authorisation for discount recovery: By selecting Subscribe and Save, you authorise Teafy to charge your stored payment method for recurring orders and, where applicable, for the discount recovery amount described in clause 7.5 if you cancel before completing the minimum term.

8. Shipping and Delivery

8.1 Processing Times

(a) Standard processing time is 1 to 2 Business Days, up to 3 Business Days during peak periods.
(b) Express processing time is same day or next Business Day, where available.
(c) International processing time is 3 to 5 Business Days prior to handover to the international carrier.

8.2 Delivery Estimates

(a) Delivery timeframes shown at checkout or on the Site are estimates only.

(b) Teafy is not responsible for delays caused by couriers, customs, weather, or other events outside Teafy control.

8.3 Delivery evidence

Courier tracking events, delivery scans, safe drop confirmations, GPS data where provided by the carrier, and carrier confirmation may be relied upon as evidence of delivery to the customer nominated address or collection point.

8.4 Address accuracy

(a) The customer must provide a complete and accurate delivery address and delivery instructions at checkout.

(b) If a customer enters an incorrect, incomplete, or invalid address and the order is dispatched, Teafy is not responsible for non delivery or delay caused by that error.

8.5 Parcel redirection

(a) Redirection is subject to courier approval.

(b) All redirection fees and associated costs charged by the courier are the customer responsibility.

8.6 Returned to sender and unclaimed parcels

(a) If a parcel is returned to Teafy due to non collection, failed delivery attempts, refusal of delivery, or address error not caused by Teafy, any refund or credit is discretionary except to the extent the ACL requires otherwise.

(b)Where Teafy issues a discretionary refund in these circumstances, Teafy may deduct reasonable costs actually incurred, which may include outbound shipping paid by Teafy, return to sender charges, and reasonable handling costs.

(c) Evidence of shipping charges will be provided on request.

8.7 Shipping fees and free shipping thresholds

(a) Shipping fees, free shipping thresholds, and available services are those displayed at checkout at the time of purchase.

(b) Teafy may change shipping fees and thresholds from time to time, but changes do not apply retrospectively to orders already placed.

9. Returns & Food Safety

9.1 Returns, food safety restrictions, defective goods processes, and ACL remedies are governed by Teafy Shipping and Returns Policy published on the Site, which is incorporated into these Terms by reference. Nothing in these Terms excludes the ACL.

9.2 Customers should notify Teafy of suspected defects, damage in transit, missing items, or incorrect items as soon as possible and preferably within 7 days of delivery where damage in transit is alleged, and in any event within 14 days to allow prompt investigation. Customers must provide reasonable evidence such as photographs or video. Failure to notify within these timeframes may affect Teafy ability to investigate, but does not limit rights and remedies available under the ACL.

9.3 Non consumable Goods may be returned within 14 days of delivery if unused, unopened and authorised by Teafy. Consumables cannot be returned once dispatched except where required under the ACL.

9.4 Refunds, where applicable, are made to the original payment method. Teafy does not offer change of mind refunds for Consumables once dispatched, except where required under the ACL.

10. Unclaimed Orders

10.1 Customers are responsible for collecting parcels from collection points within carrier time limits.

10.2 Unclaimed parcels and returned to sender parcels are handled under clause 8.6.

10.3 Free shipping does not apply to re delivery of unclaimed parcels.

11. Consumer Guarantees (ACL)

11.1 Goods come with guarantees that cannot be excluded under the ACL.

11.2 Major failures entitle you to replacement or refund. Minor failures entitle Teafy to repair or replace.

11.3 Claims handling timeframes are set out in clause 9.2. Nothing in these Terms limits rights and remedies available under the ACL.

12. Promotions & Free Shipping

12.1 Promotions cannot be combined unless expressly stated.

12.2 Teafy may change promotions at any time.
12.3 Shipping promotions: Free shipping thresholds, eligibility criteria, and shipping fees are as stated at checkout at the time of purchase and may vary from time to time. This includes any free shipping offers. Where the Site displays multiple sources, the checkout display prevails for that order.

13. Wholesale Supply

13.1 Wholesale purchases are governed by separate agreements.

13.2 Wholesale customers must comply with brand, pricing and distribution rules.

13.3 Misuse may result in termination, legal action or injunctive relief.

14. Payments, Debt Recovery & Interest

14.0 This section applies only to invoiced accounts and wholesale or business customers. It does not apply to standard consumer Orders paid at checkout.

14.1 Invoiced accounts must be paid by the due date.

14.2 Overdue amounts may accrue interest at a rate specified on the invoice, being a reasonable estimate of Teafy financing and administration costs, capped at the maximum permitted by law.

14.3 Teafy may suspend supply until debts are settled.

14.4 You agree to pay reasonable debt recovery costs actually incurred, including legal costs on an indemnity basis where awarded or agreed.

15. Chargebacks & Disputes

15.1 Dispute process: Before lodging a chargeback or payment dispute, you must contact Teafy and provide a reasonable opportunity to investigate and resolve the issue, unless urgent circumstances apply.

15.2 Wrongful chargebacks: If a chargeback is lodged without reasonable basis, or after Teafy has provided evidence of delivery or compliance with these Terms, Teafy may recover reasonable administrative and third party costs actually incurred in responding to the chargeback and recovering funds, including payment processor fees and debt recovery costs.

15.3 Teafy may pursue recovery action in any court of competent jurisdiction.

16. Intellectual Property & Trademark Protection

16.1 Teafy™, TEAFY®, and all associated branding, product names, trade dress, packaging designs, website content, recipes, formulations, logos and digital assets are proprietary to Teafy Pty Ltd.

16.2 The Teafy name and branding are protected by Australian trademark rights. Any unauthorised use constitutes trademark infringement under the Trade Marks Act 1995 (Cth).

16.3 You must not use, copy, mimic, distribute or modify any Teafy intellectual property without written permission.

16.4 Teafy may take legal action, including:

(a) cease and desist notices;

(b) claims for damages;

(c) injunctions; or

(d) recovery of legal fees on a full indemnity basis.

17. Defamation, Harassment & Public Conduct

17.1 Teafy takes a zero-tolerance approach to defamation, harassment, abusive conduct and malicious reviews.

17.2 You must not publish or communicate statements about Teafy that are false and defamatory, misleading, harassing, or unlawful. This clause does not prevent a customer from expressing an honest opinion based on genuine experience.

17.3 If defamatory or malicious content is identified, Teafy may:

(a) request removal or correction within a reasonable timeframe;

(b) issue a Concerns Notice under the Defamation Act 2005 (Vic);

(c) commence legal proceedings; (d) seek damages and legal costs;

(e) suspend or permanently ban the customer from purchasing Teafy products; and

(f) block access to Teafy accounts and services.

18. Indemnity

18.1 You indemnify Teafy against all losses, liabilities, damages and costs (including reasonable legal costs) arising from your breach of these Terms, misuse of the Goods, fraud, unlawful activity, abusive conduct, or wrongful chargebacks.
18.2 This indemnity does not apply to the extent the loss arises from Teafy breach of the ACL consumer guarantees or other non excludable obligations.

19. Limitation of Liability

19.1 Teafy excludes all consequential, indirect or special losses.

19.2 To the extent permitted by law, and subject to the ACL, Teafy total liability arising from an Order is limited to the amount paid for the Goods the subject of the claim.

19.3 Teafy is not liable for delays or delivery issues caused by couriers or events outside Teafy control. Where tracking confirms delivery to the nominated address or collection point (including safe drop where selected or permitted), Teafy may treat the Order as delivered, subject to the ACL.

19.4 Nothing in this clause limits non excludable rights under the ACL.

20. Governing Law

These Terms are governed by the laws of Victoria, Australia.

21. Notices

Notices may be provided via email, Site postings or the Customer Portal. You must keep your account details up to date.

22. External Policies

These Terms incorporate Teafy’s Privacy Policy and any other policies published on the Site.

23. Contact

Teafy Pty Ltd
ABN 63 658 494 010 | ACN 658 494 010
Email: info@teafy.com.au
Phone: 1300 986 888