Legal notices and Conditions of use of the supplieroftea.com website
General Terms and Conditions of Sale applicable
Continued browsing of this site implies unreserved acceptance of the following provisions and conditions of use.
The version currently online of these terms and conditions of use is the only one enforceable for the entire duration 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, SARL with a capital of 2,000 euros, whose registered office is located 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: firstname.lastname@example.org, Director of publication: Charles-Henry LECAT, email@example.com.
1.3 Host (hereinafter the "Host"): "1 and 1 internet", SARL with a capital of 100,000 euros, whose registered office is located 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 only. The publisher reserves the right to ask for any proof of your age, in particular if you use online ordering services.
Access to and use of the site are reserved for strictly personal use. You undertake not to use this site and the information or data contained therein for commercial, political or advertising purposes and for any form of commercial solicitation and in particular the sending of unsolicited e-mails.
Article 3 - Content of the website
All trademarks, photographs, texts, comments, illustrations, animated or non-animated images, video sequences, sounds, as well as all computer applications that could be used to operate this site and more generally all elements reproduced or used on the site are protected by the laws in force under intellectual property.
They are the full and entire 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 prohibited. The fact that the publisher does not take legal action as soon as it becomes aware of these unauthorised uses does not constitute acceptance of the said uses and waiver of prosecution.
With regard to online ordering services, all the information on this site is valid for metropolitan France (including Corsica) exclusively. For any order for other destinations, you must request the necessary information via the publisher's e-mail address below.
Article 4 - Website management
For the good management of the site, the editor can at any time :
- suspend, interrupt or limit access to all or part of the site, reserve access to the site, or to certain parts of the site, for a specific category of Internet user;
- delete any information that may disrupt the operation of the site or contravene national or international laws;
- suspend the site in order to carry out updates.
Article 5 – Responsibilities
The publisher cannot be held liable in the event of failure, breakdown, difficulty or interruption of operation, preventing access to the site or to one of its functionalities.
The equipment used to connect to the site is under your sole responsibility. You must take all appropriate measures to protect your equipment and your own data, in particular from virus attacks via the Internet. Moreover, you are solely responsible for the sites and data that you consult.
The publisher cannot be held responsible in the event of legal proceedings against you:
- because of the use of the site or any service accessible via the Internet;
- because of your failure to comply with these general terms and conditions.
The publisher is not responsible for any damage caused to you, third parties and/or your equipment as a result of your connection to or use of the site and you waive any action against him/her as a result.
If the publisher should be subject to 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 result from such proceedings.
Article 6 - Hypertext links
The setting up of any hypertext links to all or part of the site is strictly forbidden, except with the prior written authorisation of the publisher, requested by e-mail to the following address: firstname.lastname@example.org .
The publisher is free to refuse this authorisation without having to justify its decision in any way whatsoever. Should the publisher grant its authorisation, it is in any case only temporary and may be withdrawn at any time, without the publisher being required to justify its decision.
In any case, any link must be removed at the publisher's request.
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
The personal information that may be collected on the site is mainly used by the publisher to manage relations with you, and if necessary 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 modified law n° 78-17 of 6 January 1978, relating to information technology, files and liberties, you have the right to access, question, modify and delete information concerning you, to be exercised 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 any fraudulent request, this request must be accompanied by proof of identity. After the request has been processed, this document will be destroyed.
The information collected may possibly be communicated to third parties linked to the publisher by contract for the execution of sub-contracted tasks necessary for the management of your account and without your having to give your authorisation. In the event of a proven infringement of legal or regulatory provisions, this information may be communicated on the express and reasoned request of the legal authorities.
When certain information is required to access specific functionalities of the site, 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, please cross out the appropriate mention: 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 mention: Yes - No.
If, when consulting the site, you access personal data, you must refrain from any collection, any unauthorised use and any act that may constitute an infringement of privacy or reputation. The publisher declines all responsibility in this respect.
Article 8 - Cookies
The site may automatically collect standard information such as your first and last names and date of birth. Any information collected indirectly will only be used to track the volume, type and pattern of traffic using this site, to develop the design and layout of the site and for other administrative and planning purposes and more generally to improve the service we offer you.
Article 9 - Pictures and representations of products
The photographs of products, accompanying their description, are not contractual and do not commit 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 question, information on the products presented on the site, or concerning the site itself, you can contact the webmaster at the email address email@example.com .
General Terms and Conditions (GTC) applicable to consumers
This website "obvioustea.com" is published by The Obvious Tea Company with a capital of 2000€, whose head office is located at 51 rue Maurice Philippot 92260 Fontenay aux roses, registered with the RCS of Nanterre n°823 057 608.
Article 1 – Entire
The present general 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, and in particular those applicable to sales in shops or through other distribution and marketing channels.
They are accessible on the website " obvioustea.com " and will prevail, if necessary, over any other version or any other contradictory document.
The seller and the buyer agree that the present general conditions exclusively govern their relationship. The seller reserves the right to modify its general terms and conditions from time to time. They shall be applicable as soon as they are put online.
If a condition of sale is lacking, it will be considered to be governed by the practices in force in the distance selling sector whose companies have their registered office in France.
The present general terms and conditions of sale are valid until the document is updated.
Article 2 - Content
The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of goods offered by the seller to the buyer, from the website "obvioustea.com".
The present conditions only concern purchases made by buyers located in France and delivered exclusively on this geographical territory. For any delivery outside of France, please send a message to the following email address: " firstname.lastname@example.org ".
These purchases concern in particular the following products:
- Teas and herbal teas
- Tea-related accessories such as cups, thermos flasks, teapots, tea balls, etc.
- Boxes especially by subscription
- Gift Sets
Article 3 - Pre-contractual informations
3.1 The buyer acknowledges having been informed, prior to placing his order and concluding the contract, in a legible and comprehensible manner, of these general terms and conditions of sale and of all the information listed in Article L. 221-5 of the French Consumer Code.
3.2 The following information shall be sent to the buyer 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 transport, delivery or postage costs and any other costs.
- if the additional costs cannot be calculated: all additional transport, delivery or postage costs and all other possible costs;
- in the absence of immediate execution of the contract, the date or deadline by which the service provider undertakes to deliver the goods or perform the service, whatever the price;
- information relating to the identity of the service provider, its postal, telephone and electronic contact details, and its activities, information relating to legal guarantees, the functionalities of the digital content, the existence and methods of implementation of guarantees and other contractual conditions.
3.3 The seller provides the buyer with the following information:
- his name or company name, the geographical address of his establishment and, if different, that of the registered office, his telephone number and his e-mail address ;
- the methods of payment, delivery and performance of the contract, as well as the methods provided by the professional for handling complaints;
- in the case of a sale, the existence and the procedures for exercising the legal guarantee of conformity, the guarantee for hidden defects and, where applicable, the commercial guarantee and after-sales service;
- the duration of the contract, when it is concluded for a fixed term, or the conditions for its termination in the case of a contract of indefinite duration.
Article 4 - The order
The buyer has the possibility to place his order online, from the online catalogue and by means of the form contained therein, for any product, within the limits of available stocks.
In the event of unavailability of an ordered product, the buyer will be informed by e-mail.
In order for the order to be validated, the buyer must accept, by clicking in the indicated place, the present general terms and conditions. He will also have to choose the address and the delivery method, and finally validate the method of payment.
The sale will be considered final:
- after the confirmation of acceptance of the order has been sent to the buyer by the seller by e-mail;
- and after the seller has received the full price.
Any order implies 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, in particular non-payment, incorrect address or other problem on 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 reimbursement will then be made, the rest of the order remaining firm and definitive.
For any question relating to the follow-up of an order, the buyer must contact customer service at the following e-mail address: " email@example.com ".
Article 5 - Electronic signature
The online supply of the buyer's credit card number and the final validation of the order will be proof of the buyer's agreement:
- Payability of the sums due under the order form,
- signature and express acceptance of all operations carried out.
Article 6 - Confirmation of order
The buyer agrees that the contract concluded between the parties shall be evidenced by an order confirmation sent in electronic format.
Article 7 - Proof of the transaction
The computerised registers, kept in the seller's computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. Purchase orders and invoices are archived on a reliable and durable medium that can be produced as proof.
Article 8 - Products informations
The products governed by these general terms and conditions are those that appear on the seller's website and that are indicated as sold and dispatched by the seller. They are offered within the limits of available stocks.
The products are described and presented as accurately as possible. However, if errors or omissions may have occurred with regard to this presentation, the seller cannot be held liable.
The photographs of the products are not contractual.
Article 9 – Prices
Les prix de vente sont indiqués, pour chacun des produits figurant dans le catalogue électronique, en euros toutes taxes comprises, hors frais de livraison et de transport mentionnés avant validation de la commande et facturés en supplément.
Le montant total dû par le consommateur est indiqué sur la page de confirmation de commande.
Le prix de vente du produit est celui en vigueur au jour de la commande.
Le prix de vente des produits ne comprend pas les frais de port facturés en supplément du prix.
En cas de promotion par les prix, le vendeur professionnel s'engage à appliquer le prix promotionnel à toute commande passée durant la période de la publicité faite pour la promotion.
Le vendeur professionnel se réserve le droit de modifier ses prix à tout moment, tout en garantissant au consommateur l'application du prix en vigueur au jour de la commande.
Les frais supplémentaires de transport, de livraison ou d'affranchissement (auxquels il faut ajouter les autres frais éventuels supportés par le vendeur), dont le client a pu prendre connaissance avant la commande, sont fixés sur le bon de commande.
Les frais non susceptibles d'être rai The sales prices are indicated, for each of the products in the electronic catalogue, in euros, all taxes included, excluding delivery and transport costs mentioned before validation of the order and invoiced in addition.
The total amount due by the consumer is indicated on the order confirmation page.
The selling price of the product is that in force on the day of the order.
The sale price of the products does not include shipping costs invoiced 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 the advertising made 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.
The additional costs of transport, delivery or postage (to which must be added any other costs borne by the seller), of which the customer may have been aware before the order, are set out on the order form.
Costs that cannot reasonably be calculated in advance are payable (clause not to be included if the costs are not payable).sonnablement calculés à l'avance sont exigibles (clause à ne pas inclure si les frais ne sont pas exigibles).
Article 10 - Method of payment
This is an order with an obligation to pay, which means that the placing of the order implies payment by the buyer.
In order 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 the seller that he has the authorisations that may be necessary to use the method of payment 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 authorisation for payment by credit card by the officially accredited bodies or in the event of non-payment. In particular, the seller reserves the right to refuse to make a delivery or to honour an order from a buyer who has not paid in full or in part for a previous order or with whom a payment dispute is being administered.
Payment of the price is made in cash at the time of order, according to the following methods: by credit card.
Payments made by the buyer will only be considered final after effective collection of the sums due by the seller.
Article 11 - Product availability - Refunds - Resolution
Except in cases of force majeure or during periods of closure of the online shop which will be clearly announced on the home page of the site, the delivery 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 Metropolitan France, the delivery time is 15 working days from the working day following the day on which the order was validated.
Article 12 - Terms and conditions of delivery
Delivery means the transfer of physical possession or control of the goods to the consumer. It is made only after confirmation of payment by the seller's bank.
The products ordered are delivered according to the following terms and conditions:
- Colissimo without signature 48h
- Mondial Relay (in 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 may, at his/her request, obtain an invoice to be 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 open, the buyer must check the condition of the items. If they have been damaged, the buyer must imperatively refuse the package and note a reservation on the delivery slip ("package refused because open or damaged").
The buyer must indicate on the delivery slip and in the form of handwritten reservations accompanied by his signature any anomaly concerning the delivery (damage, missing product compared to the delivery slip, damaged package, broken products...).
This verification is considered to have been carried out once the buyer, or a person authorised by him, has signed the delivery note.
The buyer must then confirm these reservations to the carrier by registered mail within two working days of receipt of the item(s) at the latest and send a copy of this mail by fax or ordinary mail to the seller at the address indicated in the legal notice on the site.
If the products need to be returned to the seller, they must be requested to be returned to the seller within 14 days of delivery. Any claim made after this period 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 any claim to the seller on the day of delivery or at the latest on the first working day following delivery, for any delivery error and/or non-conformity of the products in kind or in quality with the indications on the order form. Any claim made after this deadline may be refused.
The claim may be made to the following e-mail address: "firstname.lastname@example.org".
Any complaint not made in accordance with the rules defined above and within the time limits specified cannot be taken into account and will release the seller from all responsibility towards the buyer.
On receipt of the complaint, the seller will assign an exchange number for the product(s) concerned and will communicate it by e-mail to the buyer. The exchange of a product can only take place once the exchange number has been allocated.
In the event of an error in delivery or exchange, any product to be exchanged or refunded must be returned to the vendor in its entirety and in its original packaging, by the most economical means of dispatch, to the following address:
The Obvious Tea Company
51 rue Maurice Philippot
92260 Fontenay aux Roses
The 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 risk
Any risk of loss of or damage to the goods shall pass to the buyer at the time when the buyer or a third party designated by the buyer, other than the carrier proposed by the seller, takes physical possession of the goods.
Where the buyer entrusts delivery of the goods to a carrier other than the carrier proposed by the seller, the risk of loss of or damage to the goods shall pass to the buyer when the goods are handed over to the carrier.
Article 15 - Product Warranty
15.1 Statutory warranty of conformity and legal guarantee for hidden defects
The Obvious Tea Company (51 rue Maurice Philippot 92260 Fontenay aux roses) guarantees the conformity of the goods to the contract, allowing the buyer to make a claim under the legal guarantee of conformity or the guarantee of defects of the thing sold. In the event that the legal guarantee of conformity is applied, it is reminded that :
- the buyer has a period of 2 years from the delivery of the goods to act;
- the buyer can choose between repairing or replacing the good, subject to the cost conditions;
- the buyer is exempted from having to provide 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 reminded that :
- the legal guarantee of conformity applies independently of the commercial guarantee indicated below;
- the buyer may decide to implement the guarantee against hidden defects in the item sold. In this case, he can choose between cancelling 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 19 May 1998 relating to liability for defective products.
Article 16 - Right of withdrawal
This right of withdrawal is excluded for :
- contracts for services, the performance of which has begun, with the agreement of the purchaser, before the end of the withdrawal period;
- Contracts for goods made to the buyer's request or clearly personalised goods;
- contracts for goods which, by their nature, cannot be returned or may deteriorate or expire rapidly;
- 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 delivery date of his order to return any item that does not suit him and request an exchange or refund without penalty, except for the return costs which remain the responsibility of the buyer.
However, the products must be returned in their original packaging and in perfect condition within 14 days following notification to the seller of the buyer's decision to retract.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) so that they can be remarketed as new, accompanied by the purchase invoice.
Damaged, soiled or incomplete products will not be accepted.
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 retraction can be exercised by email, using the model retraction form available in the appendix to these general terms and conditions. In this case, an acknowledgement of receipt on a durable medium will immediately be sent to the purchaser. Any other method of declaration of withdrawal is accepted. It must be unambiguous and express the wish to withdraw.
If the right of withdrawal is exercised within the above-mentioned period, the price of the product(s) purchased and the delivery costs will be refunded.
At the buyer's request, the 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 at 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 set out above.
Article 17 - Force majeure
Any circumstances beyond the control of the parties preventing the performance of their obligations under normal conditions shall be considered as grounds for exoneration of the parties' obligations and shall lead to 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.
Will be considered as cases of force majeure all irresistible facts or circumstances, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts. The following are expressly considered to be 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, the stoppage of telecommunications networks or difficulties specific to telecommunications networks external to the 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 case of force majeure lasts more than three months, these general terms and 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 forbidden and is likely to constitute a counterfeiting offence.
Article 19 - Computers and Freedoms
The nominative data provided by the buyer is necessary to process his order and to draw up invoices.
They may be communicated to the vendor's partners responsible for the execution, processing, management and payment of orders.
The processing of information communicated via the "obvioustea.com" website has been declared to the CNIL.
The buyer has a permanent right of access, modification, rectification and opposition regarding the information concerning him. This right can be exercised under the conditions and according to the modalities defined on the website "obvioustea.com".
Article 20 - Partial non-validation
If one or more stipulations of these general terms and conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision by a competent court, the other stipulations will retain their full force and scope.
Article 21 - No 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 shall not be interpreted for the future as a waiver of the obligation in question.
Article 22 - Title
In the event of any difficulty of interpretation between any of the headings appearing at the beginning of the clauses and any of the clauses, the headings will be declared non-existent.
Article 23 - Language of the contract
These general terms and conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.
Article 24 - Mediation
The buyer may have recourse to conventional mediation, with "MEDIATION-NET consommation" 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. The same applies to the substantive rules as to the rules of form. In the event of a dispute or complaint, the buyer shall first contact the seller to obtain an amicable solution.
APPENDIX 1 - Provisions relating to legal guarantees
Article L217-4 of the Consumer Code
The seller shall deliver goods in conformity with the contract and shall be liable for any lack of conformity existing at the time of delivery.
He shall also be liable for defects of conformity resulting from packaging, assembly instructions or installation when the latter has been charged to him by the contract or has been carried out under his responsibility.
Article L217-5 of the Consumer Code
The property is in conformity with the contract:
1° If it is fit for the use usually expected of a similar good and, where applicable :
- if it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer may legitimately expect in the light of public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or if it is suitable for any special use sought by the buyer, brought to the seller's knowledge and accepted by the latter.
Article L217-12 of the Consumer Code
The action resulting from the lack of conformity is time-barred after two years from the delivery of the goods.
Article L217-16 of the Consumer Code
When the buyer asks the seller, during the course of the commercial guarantee granted to him at the time of the acquisition or repair of a movable property, to carry out a repair covered by the guarantee, any period of immobilisation of at least seven days shall be added to the remaining duration of the guarantee.
This period starts from the date of the buyer's request for intervention or from the date the goods are made available for repair, if this availability is subsequent to the request for intervention.
Article 1641 of the Civil Code
The seller is bound by the guarantee on account of the hidden defects of the item sold which render it unfit for the use for which it is intended, or which diminish this use to such an extent that the buyer would not have acquired it, or would only have paid a lower price for it, if he had known about them.
Article 1648 of the Civil Code
The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.
In the case provided for by Article 1642-1, the action must be brought, on pain of foreclosure, within one year from the date on which the seller can be discharged from the apparent defects or lack of conformity.
APPENDIX 2 - Withdrawal form
Attn: The Obvious Tea Company, 51 rue Maurice Philippot 92260 Fontenay aux Roses, email@example.com :
I/we (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the goods (*)/for the provision of services (*) below :
Ordered on (*)/received on (*) :
Name of the consumer(s) :
Address of the consumer(s) :
Signature of the consumer(s) (only if this form is notified on paper) :
(*) Delete as appropriate.