Your cart
There are no more items in your cart
Legal information and Terms of use of the site grossiste-the.com
General Sales Conditions applicable to consumers (non-professional customers)
Continued browsing of this site implies unreserved acceptance of the following provisions and conditions of use.
The version of these terms of use currently online is the only one applicable during the entire period of use of the site and until a new version replaces it.
Article 1 - Legal information
1.1 Site (hereinafter "the site"): grossiste-the.com
1.2 Publisher (hereinafter "the Publisher") : The Obvious Tea Company, SASU with capital of 40,000 euros, headquartered at 51 rue Maurice Philippot 92260 Fontenay aux roses, RCS de Nanterre, SIREN number 832057608 represented by Anne HENRY, in her capacity as manager, e-mail address: direction@obvioustea.com, Publishing Director: Charles-Henry LECAT, webmaster@obvioustea.com.
1.3 Host (hereinafter "the host"): "1 and 1 internet", SARL with capital of 100,000 euros, registered office at 7 place de la gare 57201 Sarreguemines, RCS 431303775, represented by Markus Huhn.
Article 2 - Access to the site
Access to the site is reserved for adults. The publisher reserves the right to request proof of age, particularly if you use online ordering services.
Access to and use of the site are for strictly personal use only. You undertake not to use this site or the information or data contained therein for commercial, political or advertising purposes or for any form of commercial solicitation, in particular the sending of unsolicited e-mails.
Article 3 - Site content
All trademarks, photographs, texts, comments, illustrations, images (animated or not), video sequences, sounds, as well as all computer applications that may be used to operate this site and, more generally, all elements reproduced or used on the site are protected by current intellectual property laws.
They are the full and complete property of the publisher or its partners. Any reproduction, representation, use or adaptation, in any form whatsoever, of all or part of these elements, including computer applications, without the prior written consent of the publisher, is strictly forbidden. The fact that the publisher does not initiate proceedings as soon as it becomes aware of such unauthorized use does not imply acceptance of said use and waiver of prosecution.
With regard to online ordering services, all information on this site is valid for metropolitan France (including Corsica) only. For orders destined for other destinations, you must request the necessary information via the publisher's e-mail address below.
Article 4 - Site management
For the proper management of the site, the publisher may at any time:
- suspend, interrupt or limit access to all or part of the site, restrict access to the site, or to certain parts of the site, to a specific category of Internet user;
- remove any information that could disrupt its operation or contravene national or international laws;
- suspend the site in order to carry out updates.
Article 5 - Liability
The publisher cannot be held liable for any failure, breakdown, difficulty or interruption in operation, preventing access to the site or any of its functions.
You are entirely responsible for the equipment you use to connect to the site. You must take all appropriate measures to protect your equipment and your own data, in particular from viral attacks via the Internet. You are solely responsible for the sites and data you consult.
The editor cannot be held responsible in the event of legal proceedings against you :
- as a result of using the site or any service accessible via the Internet ;
- as a result of your failure to comply with these terms and conditions.
The publisher is not responsible for any damage caused to you, to third parties and/or to your equipment as a result of your connection to or use of the site, and you hereby waive any claim against the publisher in this respect.
Should the publisher be the subject of amicable or legal proceedings as a result of your use of the site, it may take action against you to obtain compensation for all damages, sums, sentences and costs that may arise from such proceedings.
Article 6 - Hypertext links
The creation of any hypertext links to all or part of the site is strictly forbidden without prior written authorization from the publisher, requested by e-mail from the following address: webmaster@obvioustea.com copy to direction@obvioustea.com.
The publisher is free to refuse such authorization without having to justify its decision in any way whatsoever. Should the publisher grant its authorization, it is in any case only temporary and may be withdrawn at any time, without any obligation on the part of the publisher to justify its decision.
In all cases, any link must be withdrawn on simple request from the publisher.
Any information accessible via a link to other sites is not under the control of the publisher, who declines all responsibility for their content.
Article 7 - Data collection
Any personal information that may be collected on the site is mainly used by the editor to manage relations with you and, where applicable, to process your orders. It is recorded in the publisher's customer file, and the file thus created from personal data is declared to the CNIL.
In accordance with the provisions of the French Data Protection Act no. 78-17 of January 6, 1978, as amended, you have the right to access, query, modify and delete any information concerning you. You may exercise this right at any time by contacting the publisher either directly on the site under the heading "Contact us", or by post at the following address: 51 rue Maurice Philippot 92260 Fontenay aux roses.
For security reasons and to avoid fraudulent requests, this request must be accompanied by proof of identity. Once the request has been processed, this proof of identity will be destroyed.
The information collected may be communicated to third parties bound to the editor by contract for the performance of subcontracted tasks necessary for the management of your account and without your consent. In the event of a proven breach of legal or regulatory provisions, this information may be communicated at the express request of the judicial authorities.
Where certain information is mandatory in order to access specific site functions, the publisher will indicate this mandatory nature at the time of data entry.
You may receive commercial offers from the publisher. If you do not wish to receive such offers, please cross out the appropriate box: Yes - No.
If you do not wish your data to be used by the publisher's partners for commercial prospecting purposes, please cross out the appropriate box: Yes - No.
If, when consulting the site, you access personal data, you must refrain from any collection, any unauthorized use and any act that may constitute an infringement of the privacy or reputation of persons. The publisher declines all responsibility in this respect.
Article 8 - Cookies
The site may automatically collect standard information such as your surname, first name and date of birth. Any information collected indirectly will only be used to monitor the volume, type and configuration of traffic using this site, to develop the design and layout and for other administrative and planning purposes and more generally to improve the service we offer you.
Article 9 - Photographs and representation of products
The photographs of products, accompanying their description, are not contractual and do not bind the publisher.
Article 10 - Applicable law
The present conditions of use of the site are governed by French law.
Article 11 - Contact us
For any questions or information concerning the products presented on the site, or concerning the site itself, please contact the webmaster at webmaster@obvioustea.com.
General Sales Conditions (GSC) applicable to consumers
The present website " obvioustea.com " is published by The Obvious Tea Company with a capital of 2000€, headquartered at 51 rue Maurice Philippot 92260 Fontenay aux roses, registered with the RCS of Nanterre n°823 057 608.
Article 1 - Entire agreement
The present terms and conditions express the entirety of the obligations of the parties. In this sense, the buyer is deemed to accept them without reservation.
These general terms and conditions of sale apply to the exclusion of all other conditions, in particular those applicable to sales in stores or through other distribution and marketing channels.
They are available on the "obvioustea.com" website and shall prevail, where applicable, over any other version or any other contradictory document.
The seller and the buyer agree that the present terms and conditions exclusively govern their relationship. The seller reserves the right to modify these terms and conditions from time to time. They will be applicable as soon as they are put online.
If a condition of sale should be lacking, it will be considered to be governed by the practices in force in the distance selling sector whose companies have their headquarters in France.
The present general sales conditions are valid until a possible update of the document.
Article 2 - Content
The purpose of these terms and conditions is to define the rights and obligations of the parties in connection with the online sale of goods offered by the seller to the buyer, from the "obvioustea.com" website.
These conditions only apply to purchases made by buyers located in France and delivered exclusively within this geographical territory. For deliveries outside France, please send a message to the following e-mail address: "contact@obvioustea.com".
These purchases concern the following products in particular:
- Teas and infusions
- Tea accessories such as cups, thermos flasks, teapots, tea balls, etc.
- Boxes, in particular by subscription
- Gift sets
Article 3 - Pre-contractual information
3.1 The purchaser acknowledges that, prior to placing an order and entering into a contract, he/she has been provided, in a legible and comprehensible manner, with the present general conditions of sale and all the information listed in article L. 221-5 of the French Consumer Code.
3.2 The following information is provided to the purchaser in a clear and comprehensible manner:
- the essential characteristics of the good or service ;
- the price of the good or service;
- if the price cannot be calculated: the method of calculating the price and, if applicable, any additional charges for transport, delivery or postage and any other charges.
- if additional costs cannot be calculated: all additional transport, delivery or postage costs and any other costs;
- in the absence of immediate performance of the contract, the date or deadline by which the service provider undertakes to deliver the goods or perform the service, regardless of price;
- information relating to the identity of the service provider, its postal, telephone and electronic contact details, and its activities, as well as information relating to legal warranties, the functionalities of digital content, the existence and terms of implementation of warranties and other contractual conditions.
3.3 The seller provides the buyer with the following information:
- its name or corporate name, the geographical address of its place of business and, if different, that of its registered office, its telephone number and e-mail address;
- terms of payment, delivery and performance of the contract, as well as the professional's complaint handling procedures;
- in the case of a sale, the existence and terms and conditions of the legal guarantee of conformity, the guarantee against hidden defects and, where applicable, the commercial guarantee and after-sales service;
- the duration of the contract, in the case of a fixed-term contract, or the conditions of its termination in the case of an open-ended contract.
Article 4 - The order
The buyer has the possibility of placing his order online, from the online catalog and using the form which appears there, for any product, within the limits of available stocks.
If an ordered product is unavailable, the buyer will be informed by email.
For the order to be validated, the buyer must accept, by clicking where indicated, these general conditions. He will also have to choose the address and the delivery method, and finally validate the payment method.
The sale will be considered final:
- after sending the buyer confirmation of acceptance of the order by the seller by email;
- and after collection by the seller of the entire price.
Any order constitutes acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will take place within the framework of a possible exchange and the guarantees mentioned below.
In certain cases, including non-payment, incorrect address or other problem with the buyer's account, the seller reserves the right to block the buyer's order until the problem is resolved.
The cancellation of the order for this Product and its possible refund will then be made, the rest of the order remaining firm and final.
For any questions relating to the tracking of an order, the buyer must contact customer service at the following email address: “contact@obvioustea.com”.
Article 5 - Electronic signature
The online provision of the buyer's bank card number and the final validation of the order will constitute proof of the buyer's agreement:
- due date of sums due under the purchase order,
- signature and express acceptance of all operations carried out.
Article 6 - Order confirmation
The buyer agrees that the contract concluded between the parties will be materialized by an order confirmation sent in electronic format.
Article 7 - Proof of the transaction
Computerized records, kept in the seller's computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.
Article 8 - Product information
The products governed by these general conditions are those which appear on the seller's website and which are indicated as sold and shipped by the seller. They are offered while stocks last.
The products are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred in this presentation, the seller cannot be held liable.
Photographs of the products are not contractual.
Article 9 – Price
The sales prices are indicated, for each of the products appearing in the electronic catalog, in euros, all taxes included, excluding delivery and transport costs mentioned before validation of the order and invoiced additionally.
The total amount owed by the consumer is indicated on the order confirmation page.
The selling price of the product is that in effect on the day of the order.
The sales price of the products does not include shipping costs charged in addition to the price.
In the event of a price promotion, the professional seller undertakes to apply the promotional price to any order placed during the period of advertising for the promotion.
The professional seller reserves the right to modify its prices at any time, while guaranteeing the consumer the application of the price in force on the day of the order.
Additional transport, delivery or postage costs (to which must be added any other costs borne by the seller), of which the customer was able to become aware before ordering, are set out on the order form.
Fees that cannot be reasonably calculated in advance are payable (clause not to be included if fees are not payable).
Article 10 - Payment method
This is an order with obligation to pay, which means that placing the order involves payment by the buyer.
To pay for his order, the buyer has, at his choice, all the payment methods made available to him by the seller and listed on the seller's website. The buyer guarantees to the seller that he has the authorizations possibly necessary to use the payment method chosen by him, when validating the order form. The seller reserves the right to suspend all order management and delivery in the event of refusal of authorization for payment by credit card from officially accredited organizations or in the event of non-payment. The seller reserves the right in particular to refuse to make a delivery or to honor an order from a buyer who has not fully or partially paid a previous order or with whom a payment dispute is being administered. .
Payment of the price is made in cash when ordering, according to the following methods: by credit card.
Payments made by the buyer will only be considered final after actual collection of the sums due by the seller.
Article 11 - Availability of products - Reimbursement - Resolution
Except in cases of force majeure or during periods of closure of the online store which will be clearly announced on the home page of the site, shipping times will be, within the limits of available stocks, those indicated below. Shipping times run from the date of registration of the order indicated on the order confirmation email.
For deliveries in mainland France, the deadline is 15 working days from the working day following that on which the order was validated.
Article 12 - Delivery terms
Delivery means the transfer to the consumer of physical possession or control of the good. It is only made after confirmation of payment by the seller's banking organization.
The products ordered are delivered according to the following methods:
- Colissimo without signature 48 hours
- Mondial Relay (at a relay point)
- Simple letter (La Poste)
The products are delivered to the address indicated by the buyer on the order form, the buyer must ensure its accuracy. Any package returned to the seller due to an incorrect or incomplete delivery address will be reshipped at the buyer's expense. The buyer can, at his request, have an invoice sent to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.
If at the time of delivery, the original packaging is damaged, torn or opened, the buyer must then check the condition of the items. If they have been damaged, the buyer must refuse the package and note a reservation on the delivery slip (“package refused because open or damaged”).
The buyer must indicate on the delivery note and in the form of handwritten reservations accompanied by his signature any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products, etc.).
This verification is considered to have been carried out once the buyer, or a person authorized by him, has signed the delivery note.
The buyer must then confirm these reservations to the carrier by registered mail at the latest within two working days following receipt of the item(s) and send a copy of this letter by fax or simple mail to the seller at the address indicated in the instructions. legal of the site.
If the products need to be returned to the seller, they must be the subject of a return request to the seller within 14 days of delivery. Any claim made outside this deadline may be refused. The return of the product can only be accepted for products in their original condition (packaging, accessories, instructions, etc.).
Article 13 - Delivery errors
The buyer must make to the seller the same day of delivery or at the latest the first working day following delivery, any claim of delivery error and/or non-conformity of the products in nature or quality in relation to the indications appearing on the order form. Any claim made after this deadline may be refused.
The complaint can be made to the email address: “reclamation@obvioustea.com”.
Any complaint not made in accordance with the rules defined above and within the time limits cannot be taken into account and will release the seller from any liability towards the buyer.
Upon receipt of the complaint, the seller will assign an exchange number for the product(s) concerned and communicate it by e-mail to the buyer. The exchange of a product can only take place after the exchange number has been assigned.
In the event of a delivery or exchange error, any product to be exchanged or refunded must be returned to the seller as a whole and in its original packaging, by the most economical shipping method, to the following address :
The Obvious Tea Company
51 rue Maurice Philippot
92260 Fontenay aux Roses
Return costs will be reimbursed by the seller according to the Colissimo scale corresponding to the weight and dimensions of the returned product.
Article 14 - Transfer of risks
Any risk of loss or damage to the goods is transferred to the buyer at the moment when the latter or a third party designated by him, and other than the carrier proposed by the seller, takes physical possession of these goods.
When the buyer entrusts the delivery of the goods to a carrier other than that proposed by the seller, the risk of loss or damage to the goods is transferred to the buyer when the goods are handed over to the carrier.
Article 15 - Product guarantee
15.1 Legal guarantee of conformity and legal guarantee of hidden defects
The Obvious Tea Company (51 rue Maurice Philippot 92260 Fontenay aux roses) guarantees the conformity of the goods with the contract, allowing the buyer to make a request under the legal guarantee of conformity or the guarantee of defects in the thing sold. In the event of implementation of the legal guarantee of conformity, it is recalled that:
- the buyer has a period of 2 years from delivery of the goods to act;
- the buyer can choose between repairing or replacing the goods, subject to cost conditions;
- the buyer is exempt from providing proof of the existence of the lack of conformity of the goods during the 24 months following delivery of the goods.
In addition, it is recalled that:
- the legal guarantee of conformity applies independently of the commercial guarantee indicated below;
- the buyer can decide to implement the guarantee against hidden defects in the item sold. In this case, he can choose between canceling the sale or reducing the price.
The buyer is expressly informed that the seller is not the producer of the products presented within the meaning of law no. 98-389 of May 19, 1998 relating to liability for defective products.
Article 16 - Right of withdrawal
This right of withdrawal is excluded for:
- service contracts, the execution of which began, with the agreement of the buyer, before the end of the withdrawal period;
- contracts for goods made at the request of the buyer or clearly personalized;
- contracts for goods which, by their nature, cannot be returned or can deteriorate or expire quickly;
- the press (newspapers, periodicals or magazines).
In accordance with the provisions of the Consumer Code, the buyer has a period of 14 working days from the date of delivery of their order to return any item that does not suit them and request an exchange or refund without penalty. , with the exception of return costs which remain the responsibility of the buyer.
The products must, however, be returned in their original packaging and in perfect condition within 14 days following notification to the seller of the buyer's decision to withdraw.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be remarketed in new condition, accompanied by the purchase invoice.
Damaged, soiled or incomplete products will not be returned.
Special case for consumable products: tea or infusion bags must not have been opened. Otherwise, they cannot be taken back due to hygienic conditions.
The right of withdrawal can be exercised by email, using the model withdrawal form available in the appendix to these general conditions. In this case, an acknowledgment of receipt on a durable medium will be immediately communicated to the buyer. Any other method of declaration of withdrawal is accepted. It must be unambiguous and express the desire to retract.
If the right of withdrawal is exercised within the aforementioned period, the price of the product(s) purchased and the delivery costs will be refunded.
At the buyer's request, return costs may be reimbursed by the seller in accordance with the Colissimo scale corresponding to the weight and dimensions of the product in force on the date of the request.
The exchange (subject to availability) or refund will be made within 14 days of receipt by the seller of the products returned by the buyer under the conditions provided above.
Article 17 - Force majeure
Any circumstances beyond the control of the parties preventing the execution under normal conditions of their obligations are considered as causes of exemption from the obligations of the parties and result in their suspension.
The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as of their disappearance.
All irresistible facts or circumstances, external to the parties, unforeseeable, inevitable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts, will be considered as force majeure. Expressly, the following are considered as cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, shutdown of telecommunications networks or difficulties specific to telecommunications networks external to customers.
The parties will come together to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the force majeure lasts for more than three months, these general conditions may be terminated by the injured party.
Article 18 - Intellectual property
The content of the website (technical documents, drawings, photographs, etc.) remains the property of the seller, the sole owner of the intellectual property rights to this content.
Buyers undertake not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and may constitute an offense of counterfeiting.
Article 19 - Information Technology and Freedoms
The personal data provided by the buyer are necessary to process their order and prepare invoices.
They may be communicated to the seller's partners responsible for the execution, processing, management and payment of orders.
The processing of information communicated via the website “obvioustea.com” has been declared to the CNIL.
The buyer has a permanent right of access, modification, rectification and opposition with regard to information concerning him. This right can be exercised under the conditions and according to the terms defined on the website “obvioustea.com”.
Article 20 - Partial non-validation
If one or more stipulations of these general conditions are held to be invalid or declared such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain their full force. and their scope.
Article 21 - Non-waiver
The fact that one of the parties does not take advantage of a breach by the other party of any of the obligations referred to in these general conditions cannot be interpreted for the future as a waiver of the obligation. in question.
Article 22 - Title
In the event of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles will be declared non-existent.
Article 23 - Language of the contract
These general conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text will be authentic in the event of a dispute.
Article 24 - Mediation
The buyer can resort to conventional mediation, with “MEDIATION-NET consumption” in the event of a dispute.
Article 25 - Applicable law
These general conditions are subject to the application of French law, to the exclusion of the provisions of the Vienna Convention. This is the case for substantive rules as well as for formal rules. In the event of a dispute or complaint, the buyer will contact the seller as a priority to obtain an amicable solution.
ANNEX 1 - Provisions relating to legal guarantees
Article L217-4 of the Consumer Code
The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.
He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility.
Article L217-5 of the Consumer Code
The property complies with the contract:
1° If it is suitable for the use usually expected of similar goods and, where applicable:
- if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model;
- if it presents the qualities that a buyer can legitimately expect having regard to the public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling;
2° Or if it presents the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
Article L217-12 of the Consumer Code
The action resulting from the lack of conformity is prescribed two years from the delivery of the goods.
Article L217-16 of the Consumer Code
When the buyer requests from the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, a restoration covered by the guarantee, any period of immobilization of At least seven days are added to the remaining warranty period.
This period runs from the buyer's request for intervention or the making available for repair of the goods in question, if this making available is subsequent to the request for intervention.
Article 1641 of the civil code
The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer would not have acquired it, or would not have acquired it. would have given only a lower price, if he had known them.
Article 1648 of the civil code
Action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.
In the case provided for by article 1642-1, the action must be brought, under penalty of foreclosure, within the year following the date on which the seller can be released from the apparent defects or lack of conformity.