Terms of service

Acceptance of terms

This website is operated by Chinatown Soup, 16B Orchard Street, New York, NY 10002 (“Chinatown Soup”). By accessing this site or purchasing any product or service through it, the user (“you”) agrees to be bound by these Terms of Service and by the policies incorporated by reference herein.

These terms apply to all users of the site, including browsers, customers, vendors and contributors of content. If you do not agree to them, do not use the site. You represent that you are at least the age of majority in your state or province of residence, or that you have the consent of a parent or legal guardian.

Chinatown Soup may revise any part of these terms by posting a new version to this page, dated as above. Continued use of the site after a revision is posted constitutes acceptance of it.

Use of the site

Chinatown Soup may refuse service to any person, at any time, for any reason.

Reproduction and reuse of material from the site are governed by the intellectual property section below.

You may not transmit any virus, worm or other code of a destructive nature, nor interfere with or circumvent the security features of the site. Breach of these terms results in immediate termination of your right to use the site.

Orders and payment

Shop orders are placed and fulfilled through Payhip, and Tea Club subscriptions through Stripe. Both are subject to their own terms in addition to these. Payment card details are handled by the payment processor and are not stored on Chinatown Soup systems.

You agree to provide current, complete and accurate billing, shipping and contact information for all purchases, and to update that information as necessary.

Chinatown Soup may refuse or cancel any order, and may limit quantities purchased per person, per household or per order. Restrictions may be applied to orders placed under the same account, the same payment card, or the same billing or shipping address, and to orders that appear in its sole judgment to be placed by dealers, resellers or distributors. Where an order is cancelled, Chinatown Soup may attempt notification using the contact details supplied at the time of purchase.

Product images are reproduced as accurately as reasonably practicable. Chinatown Soup does not warrant that colours displayed on any given monitor are accurate. Agricultural products, including tea, vary between harvests. Handmade and vintage items vary by nature.

Subscription terms

Tea Club memberships are recurring subscriptions that renew automatically. Enrolment authorises Chinatown Soup to charge the payment method on file each quarter until the subscription is cancelled, with no further authorisation required for each renewal.

The price in effect at enrolment applies for as long as the subscription remains continuously active. Price changes apply to new subscriptions only.

Subscriptions may be cancelled at any time via the subscription management portal. Cancellation takes effect at the end of the current billing period: no further charge is taken, and the quarter already paid for is still fulfilled. Once a shipment has been dispatched it is not refundable or returnable.

Returns and refunds

All sales are final. Returns and refunds are not offered on any order, including tea, teaware, artwork and shop items. Quantities are small and most items are perishable or one of a kind. Shipping charges are not refundable.

If an order arrives damaged, incomplete or not as ordered, email Chinatown Soup within seven business days of delivery, quoting the order number and enclosing a photograph where something has arrived broken, and it will be put right.

Cancellation of a Tea Club subscription is dealt with under Subscription terms above.

Pricing, availability and accuracy

Prices are subject to change without notice. Chinatown Soup may modify or discontinue any product or service at any time without notice, and is not liable for any such modification, price change or discontinuance.

Quantities are limited. Certain products may be available exclusively online or exclusively on the premises, and may not be restocked. Chinatown Soup may limit the sale of any product or service to any person, geographic region or jurisdiction, and any offer made on this site is void where prohibited.

The site may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times or availability. Chinatown Soup may correct any such error and cancel any order placed in reliance upon it, including after the order has been submitted. Any amount charged for a cancelled order is refunded in full.

Material on this site is provided for general information and should not be the sole basis for any decision. Historical and archival material describes conditions at its date of publication and is retained for reference rather than kept current.

Third-party services and links

The site relies on third-party services which Chinatown Soup neither controls nor monitors, including payment processing, hosting, email distribution, embedded media and ticketing. Access to such services is provided on an “as is” and “as available” basis without warranties, representations or conditions of any kind, and Chinatown Soup accepts no liability arising from their use.

Links to third-party websites do not constitute endorsement. Chinatown Soup does not examine or evaluate the content, accuracy or practices of any third party and accepts no liability for harm or damages arising from transactions conducted with them. Complaints about third-party products or services should be directed to that third party.

Submissions

Where you send creative ideas, suggestions, proposals, applications or other materials, whether solicited or not (collectively, “submissions”), Chinatown Soup reads them and may translate or excerpt them internally where that is necessary to review them. Submissions are not edited, published, distributed or otherwise made public without your consent.

Chinatown Soup is under no obligation to hold a submission in confidence, to pay compensation in respect of it, or to respond to it. Submitting an idea creates no partnership, employment or confidential relationship, and does not prevent Chinatown Soup from independently developing or acquiring anything similar.

You warrant that your submissions do not infringe any right of any third party, including copyright, trademark, privacy or personality rights, and do not contain unlawful, libelous, abusive or obscene material. You may not use a false email address or otherwise misrepresent the origin of a submission. You are solely responsible for the content and accuracy of your submissions.

Chinatown Soup may decline or delete any submission it determines to be unlawful or objectionable, and assumes no liability for material submitted by any user or third party.

Privacy

The privacy policy governs the collection, use and disclosure of personal information submitted through this site, and forms part of these terms.

Prohibited uses

In addition to other prohibitions set out in these terms, you are prohibited from using the site or its contents: for any unlawful purpose; to solicit others to perform or participate in any unlawful act; to violate any international, federal, state, provincial or local law, regulation or ordinance; to infringe the intellectual property rights of Chinatown Soup or of any third party; to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; to submit false or misleading information; to upload or transmit malicious code; to collect or track the personal information of others; to spam, phish, pharm, pretext, spider, crawl or scrape; for any obscene or immoral purpose; or to interfere with or circumvent the security features of the site or any related service.

Chinatown Soup may terminate your use of the site for violation of any prohibited use.

Intellectual property

Except where otherwise stated, Chinatown Soup or its licensors own the intellectual property rights in all material on this site. All rights are reserved. Artwork reproduced on this site remains the property of the artist and is reproduced with the artist's consent.

Without prior written permission you may not republish, sell, rent, sub-license, reproduce, duplicate, copy or redistribute material from the site, except where it is expressly made available for redistribution.

Requests to license or reproduce material from the archive should be directed to hello@chinatownsoup.nyc.

Disclaimer of warranties and limitation of liability

Chinatown Soup does not guarantee, represent or warrant that use of the site will be uninterrupted, timely, secure or error-free, or that results obtained from use of the site will be accurate or reliable. Chinatown Soup may withdraw the site for indefinite periods or cancel it at any time without notice.

Use of the site is at your sole risk. The site, and all products and services delivered through it, are provided “as is” and “as available” except as expressly stated by Chinatown Soup, without any representation, warranty or condition of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.

In no case shall Chinatown Soup, or its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors, be liable for any injury, loss, claim or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including without limitation lost profits, lost revenue, lost savings, loss of data or replacement costs, whether based in contract, tort (including negligence), strict liability or otherwise, arising from use of the site or of any product procured through it, even if advised of the possibility of such damages. Where a jurisdiction does not allow the exclusion or limitation of liability for consequential or incidental damages, the liability of Chinatown Soup shall be limited to the maximum extent permitted by law.

Indemnification

You agree to indemnify, defend and hold harmless Chinatown Soup and its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from any claim or demand, including reasonable attorneys' fees, made by any third party arising out of your breach of these terms or of the documents they incorporate by reference, or your violation of any law or of the rights of a third party.

Term and termination

The obligations and liabilities of the parties incurred prior to termination survive termination of this agreement for all purposes.

These terms are effective unless and until terminated by either you or Chinatown Soup. You may terminate these terms at any time by ceasing to use the site.

If Chinatown Soup determines, in its sole judgment, that you have failed or are suspected of having failed to comply with any provision of these terms, Chinatown Soup may terminate this agreement at any time without notice. You will remain liable for all amounts due up to and including the date of termination, and Chinatown Soup may deny you access to the site.

Severability and entire agreement

If any provision of these terms is determined to be unlawful, void or unenforceable, it shall be enforceable to the fullest extent permitted by law, the unenforceable portion shall be deemed severed, and the remaining provisions shall stand.

These terms, together with any policies posted by Chinatown Soup on this site, constitute the entire agreement and understanding between you and Chinatown Soup, and govern your use of the site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written. Failure by Chinatown Soup to exercise or enforce any right or provision shall not constitute a waiver of that right or provision. Any ambiguity in the interpretation of these terms shall not be construed against the drafting party. Section headings are for convenience only and do not limit or otherwise affect these terms.

Accessibility

This website is intended to be usable by as many people as possible, including visitors who browse with a keyboard alone, with a screen reader, at high magnification, or with motion reduced. It is built and maintained with reference to the Web Content Accessibility Guidelines, version 2.1, Level AA, and is reviewed against that standard periodically and before any significant change.

If any part of this site is difficult for you to use, please write to hello@chinatownsoup.nyc.

Services reached from this site but operated by third parties, including payment, ticketing and booking, are governed by the accessibility practices of their operators and are outside the control of Chinatown Soup.

Governing law

These terms, and any separate agreement by which Chinatown Soup provides services, are governed by the laws of the State of New York, United States.

Contact

Enquiries regarding these terms may be directed to:

hello@chinatownsoup.nyc
Chinatown Soup, 16B Orchard Street, New York, NY 10002