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CHAWU

Terms & Conditions

LAST UPDATED: AUGUST 6, 2026

For all other enquiries, reach out to us at hello@chawutea.com.

Website Terms and Conditions — CHAWU Tea Pty Ltd (ACN: 696 490 632)

1. Introduction

  1. (a)

    These terms and conditions (Terms) govern your access to and use of the website located at chawutea.com (Website), including any purchases made through the Website, whether as a retail customer or wholesale customer, and any purchases made at our pop-up events, markets or in-person sales.

  2. (b)

    The Website is operated by CHAWU Tea Pty Ltd (ACN 696 490 632) (we, us or our).

  3. (c)

    By accessing or using the Website, or by placing an order through the Website, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Website or place any orders.

  4. (d)

    We may amend these Terms at any time by publishing updated terms on the Website. Your continued use of the Website after any amendment constitutes your acceptance of the amended Terms.

2. Definitions

In these Terms, unless the context otherwise requires:

  1. (a)

    ACL means the Australian Consumer Law, being Schedule 2 of the Competition and Consumer Act 2010 (Cth).

  2. (b)

    Business Day means a day that is not a Saturday, Sunday or public holiday in New South Wales, Australia.

  3. (c)

    Consumer has the meaning given to that term under the ACL.

  4. (d)

    DDP (Delivered Duty Paid) means a shipping arrangement, applicable to certain International Destinations as set out in our Shipping Policy, under which the price you pay at checkout includes the estimated customs duties and import taxes for the destination country, so that (subject to clause 7(e)) no further customs charges are payable by you on delivery.

  5. (e)

    DDU (Delivered Duty Unpaid) means a shipping arrangement, applicable to certain International Destinations as set out in our Shipping Policy, under which customs duties, import taxes and tariffs are not included in the price you pay at checkout, and you are responsible for paying these amounts to the relevant customs or delivery authority.

  6. (f)

    Event means any pop-up, market stall, trade fair, collaboration, tasting event or other in-person sales event operated or participated in by us.

  7. (g)

    Intellectual Property means all intellectual property rights, including patents, trade marks, designs, copyright, trade secrets, know-how, domain names and any other rights of a similar nature, whether registered or unregistered, and any applications for registration of such rights.

  8. (h)

    International Destination means a country outside Australia to which we offer shipping from time to time, as set out in our Shipping Policy.

  9. (i)

    Order means an order placed by you through the Website for Products, whether as a Retail Customer or Wholesale Customer.

  10. (j)

    Pop-up Sale means a sale of Products made at an Event, whether paid for in person or via a link to the Website.

  11. (k)

    Products means the tea and related products available for purchase on the Website.

  12. (l)

    Retail Customer means a customer who purchases Products for personal or domestic use and not for resale.

  13. (m)

    Wholesale Customer means a customer who has been approved by us to purchase Products for resale or commercial use, subject to clause 11 of these Terms.

3. Use of the Website

  1. (a)

    You must not use the Website:

    1. (i)

      for any unlawful purpose or in any way that breaches any applicable law or regulation;

    2. (ii)

      to transmit any material that is defamatory, offensive, threatening, abusive or otherwise objectionable;

    3. (iii)

      in any way that could damage, disable, overburden or impair the Website or interfere with any other party's use of the Website;

    4. (iv)

      to attempt to gain unauthorised access to any part of the Website, accounts, computer systems or networks connected to the Website; or

    5. (v)

      to collect or harvest any personally identifiable information from the Website without our prior written consent.

  2. (b)

    We reserve the right to restrict or terminate your access to the Website at any time, without notice, if we reasonably believe you have breached these Terms.

4. Account registration

  1. (a)

    You may be required to create an account to access certain features of the Website or to place an Order. You must provide accurate and complete information when creating your account and keep your account details up to date.

  2. (b)

    You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us immediately if you become aware of any unauthorised use of your account.

  3. (c)

    We reserve the right to suspend or cancel your account at any time if we reasonably believe that your account has been compromised or that you have breached these Terms.

5. Products and pricing

  1. (a)

    All Products displayed on the Website are subject to availability. We reserve the right to discontinue any Product at any time without notice.

  2. (b)

    We take reasonable steps to ensure that the descriptions and images of Products on the Website are accurate. However, we do not warrant that Product descriptions, images or other content on the Website are complete, reliable, current or error-free.

  3. (c)

    All prices displayed on the Website are in Australian dollars (AUD). AUD is the sole currency in which these Terms and any Order are binding and, unless otherwise stated, are inclusive of GST for orders shipped within Australia to Retail Customers (see clause 5(f) for international Orders). Prices for Wholesale Customers will be set out in a separate wholesale price list or quotation provided by us.

  4. (d)

    We reserve the right to change prices at any time without notice. The price applicable to your Order will be the price displayed at the time you submit your Order.

  5. (e)

    Where you place an Order for delivery to an International Destination, the Website may display an estimated price in the currency of your delivery destination, converted from AUD using Shopify Markets or a similar currency conversion tool. This converted price is indicative only. AUD remains the binding currency for your Order, and the amount charged to you will be the AUD price, converted to your payment currency by your card issuer or payment provider at the exchange rate applicable at the time of payment, which may differ from the estimate shown on the Website.

  6. (f)

    Products exported outside Australia are treated as GST-free exports under the A New Tax System (Goods and Services Tax) Act 1999 (Cth), and prices for Orders delivered to an International Destination do not include GST.

6. Orders and payment

6.1 Retail orders

  1. (a)

    Retail orders are placed through our online checkout, which is powered by Shopify. By placing a retail order, you agree to comply with the applicable Shopify terms of service in addition to these Terms.

  2. (b)

    Payment for retail orders must be made at the time of checkout using one of the payment methods available on the Website (including credit card, debit card, or other payment methods supported by our payment processor).

  3. (c)

    An Order is not accepted until we send you an order confirmation by email. We reserve the right to refuse or cancel any Order at our discretion, including where:

    1. (i)

      the Product is out of stock or unavailable;

    2. (ii)

      there is an error in the pricing or description of the Product;

    3. (iii)

      we are unable to verify your payment information; or

    4. (iv)

      we reasonably suspect fraudulent activity.

  4. (d)

    If we cancel your Order after payment has been processed, we will issue a full refund to the original payment method.

6.2 Wholesale orders

  1. (a)

    Wholesale orders may be placed through the Website or by contacting us directly. All wholesale orders are subject to our approval and any applicable minimum order quantities.

  2. (b)

    Payment for wholesale orders will be by tax invoice issued by us, payable within 7 days of the date of invoice unless otherwise agreed in writing. Orders will only be dispatched once payment has been received in full. We reserve the right to require payment in advance for first-time wholesale orders.

  3. (c)

    If a wholesale payment is overdue, we may, without limiting our other rights and remedies:

    1. (i)

      charge interest on the overdue amount at a rate per annum equal to the cash rate target as published by the Reserve Bank of Australia from time to time, calculated daily and compounding monthly;

    2. (ii)

      suspend or cancel any pending or future orders; and

    3. (iii)

      require payment in advance for all future orders.

6.3 Event and pop-up sales

  1. (a)

    Products purchased at an Event are subject to these Terms.

  2. (b)

    Payment for Products purchased at an Event must be made at the time of purchase using the payment methods available at the Event.

  3. (c)

    You will be provided with a receipt or proof of purchase at the time of sale. If you do not receive a receipt, please contact us at hello@chawutea.com

7. Shipping and delivery

  1. (a)

    We offer shipping within Australia and to certain International Destinations, as set out in our Shipping Policy. We reserve the right to add or remove International Destinations, and to change the carrier(s) we use for domestic or international shipping, at our discretion and without notice. Shipping options and costs will be calculated and displayed at checkout or, for wholesale orders, advised at the time of order confirmation.

  2. (b)

    Estimated delivery times are indicative only and are not guaranteed. We are not liable for any delay in delivery caused by circumstances beyond our reasonable control, including delays by postal or courier services, customs processing, natural disasters or other force majeure events.

  3. (c)

    Risk in the Products passes to you on delivery. For the purposes of these Terms, delivery occurs when the Products are delivered to the shipping address you provide at the time of ordering.

  4. (d)

    You must ensure that the delivery address provided is accurate and complete. We are not responsible for any loss, delay or additional cost arising from an incorrect or incomplete delivery address provided by you.

  5. (e)

    If you place an Order for delivery to an International Destination, you are responsible for any customs duties, taxes, tariffs or other charges applicable in the destination country, except to the extent these are expressly included in the price you pay at checkout under a DDP arrangement. Please refer to our Shipping Policy for details of which International Destinations are DDP and which are DDU, and for further information about international shipping, customs and delivery timeframes.

8. Returns, refunds and cancellations

8.1 Consumer guarantees

  1. (a)

    Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the ACL or any other applicable law that cannot be excluded, restricted or modified by agreement.

  2. (b)

    If you are a Consumer and a Product you purchase has a major failure (as defined under the ACL), you are entitled to:

    1. (i)

      a replacement or refund for the Product; and

    2. (ii)

      compensation for any other reasonably foreseeable loss or damage.

  3. (c)

    If the failure is not a major failure, we are entitled to choose whether to repair, replace or refund the Product.

8.2 Change of mind returns

  1. (a)

    Subject to clause 8.1, if you are a Retail Customer and wish to return a Product due to a change of mind, you may do so within 14 days of delivery, provided that:

    1. (i)

      the Product is unopened and in its original packaging;

    2. (ii)

      the Product is in resaleable condition; and

    3. (iii)

      you provide proof of purchase.

  2. (b)

    Change of mind returns are at your cost. We will issue a refund for the purchase price of the Product (excluding original shipping costs) once we have received and inspected the returned Product.

  3. (c)

    Change of mind returns are not available for Wholesale Customers unless otherwise agreed in writing.

  4. (d)

    Products purchased at an Event may only be returned in accordance with this clause 8.2 by contacting us at hello@chawutea.com. Refunds for Event purchases will be processed to the original payment method.

  5. (e)

    Change of mind returns under this clause 8.2 are not available for Products delivered to an International Destination. This exclusion does not affect your rights under clause 8.1, or our commitment under clause 8.4 to assess faulty, damaged or incorrect Products delivered internationally on a case by case basis.

8.3 How to request a return

To request a return, please contact us at hello@chawutea.com with your order number and reason for the return. We will provide you with return instructions, including the return shipping address. For Products purchased at an Event, please include the date and location of the Event in your return request.

8.4 International Orders — faulty, damaged, incorrect or missing Products

Because change of mind returns are not practical for Products delivered to an International Destination, if you receive a Product delivered internationally that you consider is faulty, damaged, incorrect or otherwise does not match your Order, please contact us at hello@chawutea.com with your order number, a description of the issue and photos of the Product where possible. We will assess each case individually, having regard to the circumstances (including the practicality of return shipping), and may offer a replacement, refund, partial refund or other appropriate remedy. This clause does not limit any right or remedy you may have under the ACL, or the equivalent consumer protection law of your country, that cannot be excluded.

9. Food safety and allergens

  1. (a)

    Our Products are food products and may contain allergens. You are responsible for checking the product descriptions, ingredients lists and allergen information provided on the Website and on the Product packaging before making a purchase.

  2. (b)

    We take reasonable steps to ensure that our Products comply with applicable food safety and labelling laws in Australia. However, we do not warrant that our Products will meet the regulatory requirements of other jurisdictions. If you are purchasing Products for delivery outside Australia, it is your responsibility to ensure that the Products comply with the laws and regulations of your country of destination.

  3. (c)

    All products are labelled with ingredients lists and storage instructions. You should review this information carefully before consuming the Products.

  4. (d)

    Some International Destinations impose specific import, biosecurity, labelling or certification requirements on food products (for example, quarantine or halal certification requirements). It is your responsibility to check these requirements before placing an Order for delivery to that destination.

10. Intellectual property

  1. (a)

    All Intellectual Property in and relating to the Website and its content, including text, graphics, logos, images, photographs, audio, video, software and the CHAWU Tea brand, is owned by or licensed to us.

  2. (b)

    You must not, without our prior written consent:

    1. (i)

      reproduce, modify, distribute, display or transmit any content from the Website;

    2. (ii)

      use any of our trade marks, logos or branding for any purpose; or

    3. (iii)

      frame, mirror or otherwise incorporate any part of the Website into any other website or platform.

  3. (c)

    Nothing in these Terms constitutes a transfer of any Intellectual Property rights to you.

11. Additional wholesale terms

  1. (a)

    This clause 11 applies in addition to the other provisions of these Terms where you are a Wholesale Customer.

  2. (b)

    To become a Wholesale Customer, you must submit a wholesale application through the Website or by contacting us directly. We reserve the right to approve or decline any wholesale application at our sole discretion.

  3. (c)

    If approved as a Wholesale Customer, you agree that:

    1. (i)

      you will only resell our Products through approved sales channels and in accordance with any brand guidelines we provide to you;

    2. (ii)

      you will not alter, repackage or rebrand any Products without our prior written consent;

    3. (iii)

      you will store the Products in accordance with any storage instructions provided on the packaging or by us;

    4. (iv)

      you will comply with all applicable laws, including food safety and labelling requirements, in connection with the resale of the Products; and

    5. (v)

      you will not sell the Products below any minimum advertised price we notify to you from time to time.

  4. (d)

    We may terminate your wholesale account at any time by giving you 14 days' written notice, or immediately if you breach any of these Terms.

  5. (e)

    Where you are a Wholesale Customer and not a Consumer under the ACL, the consumer guarantees under the ACL do not apply to your purchases.

12. Limitation of liability

  1. (a)

    To the maximum extent permitted by law, and subject to clause 8.1, our total aggregate liability to you arising out of or in connection with these Terms, whether in contract, tort (including negligence), statute or otherwise, is limited to the total amount paid by you for the relevant Order giving rise to the claim.

  2. (b)

    To the maximum extent permitted by law, we are not liable for any:

    1. (i)

      indirect, incidental, special, consequential or punitive damages;

    2. (ii)

      loss of profits, revenue, business, opportunity, data or goodwill; or

    3. (iii)

      damages arising from events beyond our reasonable control,

arising out of or in connection with these Terms or the Products, even if we have been advised of the possibility of such damages.

13. Indemnity

You agree to indemnify and hold us harmless from and against any claims, demands, actions, liabilities, losses, damages, costs and expenses (including reasonable legal fees) arising out of or in connection with:

  1. (a)

    your breach of these Terms;

  2. (b)

    your use of the Website;

  3. (c)

    any negligent or wrongful act or omission by you; or

  4. (d)

    if you are a Wholesale Customer, your resale of the Products or any claim by a third party in connection with your resale of the Products.

14. Privacy

  1. (a)

    We collect, use and disclose your personal information in accordance with our Privacy Policy, which is available on the Website. By using the Website, you consent to the collection, use and disclosure of your personal information as described in our Privacy Policy.

  2. (b)

    We will handle your personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.

  3. (c)

    If you attend an Event, you acknowledge that we may photograph or record the Event for marketing and promotional purposes. Images or recordings may be used on our Website, social media channels or other marketing materials. If you do not wish to be photographed, please advise our staff at the Event.

  4. (d)

    Where you place an Order for delivery to an International Destination, your personal information may be disclosed to overseas recipients (including our shipping carrier and the customs or border protection authority of the destination country) as set out in our Privacy Policy.

16. Disclaimers

  1. (a)

    Subject to clause 8.1, the Website and its content are provided on an “as is” and “as available” basis. We do not warrant that the Website will be uninterrupted, error-free, secure or free from viruses or other harmful components.

  2. (b)

    To the maximum extent permitted by law, and subject to clause 8.1, we disclaim all warranties, representations and conditions, whether express or implied, including any implied warranties of merchantability, fitness for a particular purpose and non-infringement.

17. Force majeure

We are not liable for any failure or delay in performing our obligations under these Terms to the extent that the failure or delay is caused by circumstances beyond our reasonable control, including natural disasters, pandemics, government actions, war, terrorism, labour disputes, supply chain disruptions, internet or telecommunications failures, or any other event of force majeure.

18. General

18.1 Governing law

These Terms are governed by the laws of New South Wales, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of New South Wales and the Federal Court of Australia.

18.2 Severability

If any provision of these Terms is held to be invalid, illegal or unenforceable, the remaining provisions will continue in full force and effect.

18.3 Waiver

A failure or delay by us in exercising any right or remedy under these Terms does not constitute a waiver of that right or remedy.

18.4 Entire agreement

These Terms, together with our Privacy Policy, Shipping Policy and Refund Policy (as published on the Website), constitute the entire agreement between you and us in relation to your use of the Website and the purchase of Products. To the extent of any inconsistency between these Terms and a separate written wholesale agreement, the terms of the wholesale agreement will prevail.

18.5 Assignment

You must not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations under these Terms without your consent.

19. Contact us

If you have any questions about these Terms, please contact us at:

CHAWU Tea Pty Ltd

Email: hello@chawutea.com

Website: chawutea.com

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