Terms of Service

01Eligibility

You must be at least 18 years old, or the age of majority in your jurisdiction, to use the Site or place an order. By using the Site, you represent that you meet these requirements.

02Online Store Terms

• You may not use our Site or products for any unlawful or unauthorized purpose.
• You may not transmit malware, malicious code, or harmful data through the Site.
• We may suspend or terminate access to the Site if you violate these Terms.

03Products & Availability

• Misty Lava sells physical tea and beverage products.
• We aim to provide accurate descriptions, images, ingredients, availability, and pricing. However, minor variations, including natural variation in tea color, aroma, and flavor, may occur between batches.
• Product packaging, labels, and availability may change without notice.
• We may discontinue products, adjust pricing, or limit quantities at any time.
• All orders are subject to availability and our acceptance.

04Food, Allergen & Preparation Information

• Our products are food products and are not intended to diagnose, treat, cure, or prevent any disease.
• Please review product labels and ingredient information before consuming a product.
• If you have allergies, sensitivities, dietary restrictions, or medical concerns, consult a qualified healthcare professional before use.
• You are responsible for following product storage and preparation instructions. Store tea products in a cool, dry place and follow any product-specific instructions after opening.

05Orders & Payments

• By placing an order, you agree to provide current, complete, and accurate billing, shipping, and contact information.
• Payments are processed securely through Shopify Payments and other payment methods made available at checkout. Available payment methods may vary by location.
• All prices are listed in U.S. Dollars (USD) unless otherwise stated.
• We reserve the right to refuse, cancel, or limit any order, including orders we reasonably believe involve fraud, unauthorized activity, resale in violation of these Terms, or pricing errors.
• If we cancel an order after payment has been processed, we will issue a refund to the original payment method.

06Shipping & Delivery

• We ship from California, USA. Available shipping destinations and rates are shown at checkout.
• Shipping and delivery details are described in our Shipping Policy.
• Delivery dates are estimates only and are not guaranteed.
• International customers are responsible for customs duties, import taxes, brokerage fees, and other charges imposed by the destination country.
• Once an order is accepted by the carrier, delays or damage may occur outside our control. Nothing in this section limits rights that cannot be waived under applicable law.

07Returns & Refunds

• Returns and refunds are governed by our Refund Policy.
• We accept returns of unopened, unused items in their original condition within 30 days of delivery, subject to the Refund Policy.
• Opened, used, perishable, or food products are not eligible for return unless required by applicable law or the product arrived damaged or incorrect.
• Approved refunds are issued to the original payment method.

08Intellectual Property

All content on the Site—including product names, text, graphics, photos, videos, logos, artwork, and design—is owned by or licensed to Misty Lava and is protected by applicable intellectual-property laws.

You may not copy, reproduce, distribute, modify, publicly display, or otherwise use Site content without our prior written consent.

09Third-Party Services

The Site may contain links to third-party websites, services, or tools. We do not control and are not responsible for their content, availability, security, or policies. Your use of third-party services is at your own risk and subject to their terms.

10Disclaimer of Warranties

To the fullest extent permitted by law, the Site and products are provided on an “as is” and “as available” basis. We do not guarantee that the Site will always be uninterrupted, secure, or error-free.

Nothing in these Terms limits warranties, consumer protections, or other rights that cannot be excluded under applicable law.

11Limitation of Liability

To the fullest extent permitted by law, Misty Lava will not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Site or products.

Our total liability for any claim relating to a product or order will not exceed the amount you paid for the product giving rise to the claim.

Nothing in these Terms excludes or limits liability where doing so would be unlawful.

12Indemnification

You agree to indemnify and hold harmless Misty Lava and its affiliates, employees, partners, and service providers from claims, damages, losses, liabilities, and expenses arising from your violation of these Terms, misuse of the Site or products, or violation of another person’s rights.

13Governing Law & Dispute Resolution

These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles.

Before filing a formal claim, you agree to contact us at hello@mistylava.com and give us a reasonable opportunity to resolve the issue.

To the fullest extent permitted by law, any dispute that cannot be resolved informally will be resolved through binding individual arbitration in Orange County, California, under the rules of the American Arbitration Association. Either party may bring an eligible claim in small-claims court.

You and Misty Lava agree that claims may be brought only on an individual basis and not as part of a class, consolidated, or representative action, except where prohibited by law. By agreeing to arbitration, you and Misty Lava waive the right to a jury trial.

14Changes to These Terms

We may update these Terms from time to time. Changes take effect when posted on the Site. Your continued use of the Site after changes are posted means you accept the revised Terms.

15Contact Us

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