General Conditions of Sale applicable to consumers (non-professional customers)
By continuing to browse this site, you accept without reservation the following provisions and conditions of use.
Article 1 - Legal information
1.1 Site (hereinafter "the site"): supplieroftea.com
1.2 Publisher (hereinafter "the publisher"): The Obvious Tea Company, SASU with a capital of 40,000 euros, whose registered office is located 51 rue Maurice Philippot 92260 Fontenay aux roses, RCS of Nanterre, SIREN number 832057608 represented by Anne HENRY, in her capacity as manager, Email 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. The publisher reserves the right to request any proof of age, especially if you use online ordering services.
Access to the site and its use are reserved for strictly personal use. You agree not to use this site and 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 - Content of the site
All trademarks, photographs, texts, comments, illustrations, images (animated or not), 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 complete property of the editor or his 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, are strictly prohibited. The fact that the publisher does not initiate proceedings upon becoming aware of such unauthorized use does not constitute acceptance of such use and waiver of proceedings.
With regard to the online ordering services, all information on this site is valid for metropolitan France (including Corsica) only. For any order intended for other destinations, you must ask via the e-mail address of the editor below, the necessary information.
Article 4 - Management of the site
For the good management of the site, the editor will be able 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, to a specific category of Internet user;
- remove any information that may disrupt the operation of the site or that may contravene national or international laws;
- suspend the site in order to proceed with updates.
Article 5 - Responsibilities
The responsibility of the editor cannot be engaged in case of failure, breakdown, difficulty or interruption of operation, preventing access to the site or to one of its functionalities.
The material of connection to the site that you use is under your whole responsibility. You must take all appropriate measures to protect your equipment and your own data, in particular from viral attacks via the Internet. You are also solely responsible for the sites and data that you consult.
The editor cannot be held responsible in case of legal proceedings against you :
- due to the use of the site or any service accessible via the Internet;
- as a result of your failure to comply with these general 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 waive any action against it as a result.
If the publisher is the subject of a legal or amicable procedure because of your use of the site, he can turn against you to obtain compensation for all damages, sums, sentences and costs that could result from this procedure.
Article 6 - Hypertext links
The establishment of any hypertext links to all or part of the site is strictly prohibited, unless prior written permission of the publisher, requested by email to the following address: firstname.lastname@example.org copy to email@example.com .
The publisher is free to refuse this authorization without having to justify in any way its decision. In the event that the publisher grants its authorization, this authorization is in all cases only temporary and may be withdrawn at any time, without any obligation to justify its decision.
In any case, any link must be withdrawn on simple request of the editor.
Any information accessible via a link to other sites is not under the control of the publisher who declines any responsibility for their content.
Article 7 - Collection of data
The personal information that may be collected on the site is mainly used by the publisher for the management of relations with you, and if necessary for the processing of your orders. It is recorded in the editor's customer file, and the file thus created from personal data is declared to the CNIL.
In accordance with the provisions of the law n° 78-17 of January 6, 1978 modified, relating to data processing, the files and freedoms, you have a right of access, of interrogation, modification and suppression of information which concern you, to be exerted constantly near the editor either directly on the site with the heading "Contact us", or by postal mail with the following address 51 rue Maurice Philippot 92260 Fontenay with the roses.
For security reasons and to avoid any fraudulent request, this request must be accompanied by a proof of identity. After processing the request, this proof will be destroyed.
The information collected may be communicated to third parties linked to the editor by contract for the execution of subcontracted tasks necessary for the management of your account and without your authorization. In the event of a proven infringement of legal or regulatory provisions, this information may be communicated to the judicial authorities upon request.
When certain information is mandatory to access specific features 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 receive such offers, please cross out the appropriate statement: Yes - No.
If you do not want your data to be used by the publisher's partners for commercial prospecting purposes, please cross out the appropriate statement: 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 privacy or reputation of persons. The editor declines any responsibility in this respect.
Article 8 - Cookies
The site may automatically collect standard information such as your name, surname 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 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 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 firstname.lastname@example.org .
General Conditions of Sale (GCS) applicable to professional customers
This website " obvioustea.com " is published by The Obvious Tea Company with a capital of 40,000€, whose head office is located at 51 rue Maurice Philippot 92260 Fontenay aux roses, registered at the RCS of Nanterre n°823 057 608.
Article 1 - Entirety
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 conditions of sale apply to the exclusion of all other conditions, and in particular those applicable to sales in stores 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 these general conditions exclusively govern their relationship. The seller reserves the right to modify its general conditions from time to time. They will be applicable as soon as they are put online.
If a condition of sale were to be lacking, it would be considered to be governed by the customs in force in the sector of the remote sale whose companies have their seat in France.
The present general conditions of sale are valid until a possible update of the document.
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".
These 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: " email@example.com "
These purchases concern in particular the following products:
- Teas and infusions
- Accessories related to tea such as cups, thermos, teapot, tea ball, etc.
- Boxes, especially by subscription
- Gift boxes
Article 3 - Pre-contractual information
3.1 The buyer acknowledges having been informed, prior to the placing of his order and the conclusion of the contract, in a legible and comprehensible manner, of the present general conditions of sale and of all the information listed in article L. 221-5 of the French Consumer Code.
3.2 The following information is transmitted 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 calculation of the price and, if applicable, any additional costs of transport, delivery or postage and any other costs.
- if the additional costs cannot be calculated: all additional transportation, delivery or postage costs and any other costs;
- if the contract is not to be performed immediately, the date or time by which the provider undertakes to deliver the goods or perform the service, regardless of price;
- information about the identity of the Provider, its postal, telephone and electronic contact details, and its activities, information about legal guarantees, the functionality of the digital content, the existence and implementation of guarantees and other contractual conditions.
3.3 The seller communicates to the buyer the following information:
- its name or corporate name, the geographical address of its establishment and, if different, that of the registered office, its telephone number and its e-mail address;
- the methods of payment, delivery and execution of the contract, as well as the methods envisaged by the professional for the treatment of the complaints;
- in the event of a sale, the existence and the terms of exercise of the legal guarantee of conformity, the guarantee of hidden defects, as well as, if necessary, the commercial guarantee and the after-sales service;
- the duration of the contract, when it is concluded for a fixed term, or the conditions of its termination in case of a contract for an indefinite term.
Article 4 - The order
The buyer has the possibility to place his order online, from the online catalog and by means of the form which appears there, for any product, within the limit of available stocks.
In case 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 conditions. He will also have to choose the address and the mode of delivery, and finally validate the mode of payment.
The sale will be considered final :
- after the sending to the buyer of the confirmation of the acceptance of the order by the salesman by electronic mail;
- and after collection by the seller of the full price.
Any order implies acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will intervene within the framework of a possible exchange and guarantees mentioned below.
In certain cases, notably non-payment, erroneous 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 of this Product and its possible refunding will then be carried out, the remainder of the order remaining firm and definitive.
For any question relating to the follow-up of an order, the purchaser must contact the customer service at the following e-mail address: " firstname.lastname@example.org ".
Article 5 - Electronic signature
The online provision of the buyer's credit card number and the final validation of the order will be worth proof of the buyer's agreement:
- Payability of the 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 is materialized by an order confirmation sent in electronic format.
Article 7 - Proof of the transaction
The computerized registers, kept in the computer systems of the seller in reasonable conditions of security, will be considered as proof of communications, orders and payments between the parties. The archiving of purchase orders and invoices is made on a reliable and durable support that can be produced as evidence.
Article 8 - Information on the products
The products governed by these general conditions are those that appear on the seller's website and that are indicated as sold and shipped by the seller. They are offered within the limits of available stocks.
The products are described and presented with the greatest possible accuracy. However, if errors or omissions have occurred in this presentation, the responsibility of the seller could not be engaged.
The photographs of the products are not contractual.
Article 9 - Price
The sale prices are indicated, for each product listed in the electronic catalog, in euros including all taxes, excluding shipping and transportation costs mentioned before validation of the order and charged extra.
The total amount due by the consumer is indicated on the order confirmation page.
The selling price of the product is the one in force on the day of the order.
The selling price of the products does not include the 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 the promotion.
The professional seller reserves the right to modify its prices at any time, while guaranteeing to 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 could be aware before ordering, are set out on the order form.
Costs that cannot be reasonably calculated in advance are payable (clause not to be included if costs are not payable).
Article 10 - Method of payment
This is an order with payment obligation, which means that the placing of the order implies a payment of the buyer.
To pay his order, the buyer has, at his choice, all the payment methods made available by the seller and listed on the site of the seller. The purchaser guarantees to the salesman that he has the authorizations possibly necessary to use the method of payment chosen by him, at the time of the validation of the purchase order. The seller reserves the right to suspend any order processing and any delivery in case of refusal of authorization of payment by credit card from the officially accredited organizations or in case of non-payment. The seller reserves the right to refuse to make a delivery or to honor an order from a buyer who has not paid in full or in part a previous order or with whom a payment dispute is being administered.
The payment of the price is carried out cash with the order, according to the following methods: by bank card.
The payments made by the buyer will be considered as final only after effective collection of the sums due, by the seller.
Article 11 - Availability of products - Refund - Resolution
Except in case of force majeure or during the periods of closure of the online store which will be clearly announced on the homepage of the site, the shipping times will be, within the limits of available stocks, those indicated below. The shipping times run from the date of registration of the order indicated on the email confirmation of the order.
For deliveries in Metropolitan France, the deadline is 15 working days from the working day following that on which the order was validated.
Article 12 - Terms of delivery
The delivery means the transfer to the consumer of the physical possession or control of the goods. It is made only after confirmation of payment by the seller's bank.
The ordered products are delivered according to the following methods:
- Colissimo without signature 48h
- Mondial Relay (in relay point)
- Simple letter (La Poste)
The products are delivered to the address indicated by the purchaser on the order form, the purchaser will have to take care of its exactitude. Any package returned to the seller because of an incorrect or incomplete delivery address will be reshipped at the expense of the buyer. The buyer can, at his request, obtain the sending of an invoice 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, opened, the buyer must 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 opened or damaged").
The buyer must indicate on the delivery form and in the form of handwritten reserves accompanied by his signature any anomaly concerning the delivery (damage, missing product compared to the delivery form, damaged package, broken products ...).
This verification is considered to have been carried out as soon as the buyer, or a person authorized by him, has signed the delivery note.
The buyer will then have to confirm by registered mail these reserves to the carrier at the latest in the two working days following the reception of the articles and to transmit a copy of this mail by fax or simple mail to the salesman at the address indicated in the legal mentions of the site.
If the products need to be returned to the seller, they must be the subject of a request for return to the seller within 14 days of delivery. Any claim made outside this period may be refused. The return of the product can only be accepted for products in their original condition (packaging, accessories, instructions...).
Article 13 - Errors of delivery
The purchaser shall file with the seller on the day of delivery or at the latest on the first working day following delivery, any claim of error of delivery and/or non-conformity of the products in kind or in quality compared to the indications on the order form. Any claim formulated beyond this deadline could be refused.
The claim can be made at the following e-mail address: " email@example.com ".
Any complaint not carried out in the rules defined above and within the time limits could not be taken into account and will release the salesman from any responsibility towards the purchaser.
With reception of the complaint, the salesman will allot a number of exchange of the product (S) concerned (S) and will communicate it by e-mail to the purchaser. The exchange of a product can only take place after the attribution of the exchange number.
In the event of a delivery error or exchange, 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 method of shipping, 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 risks
Any risk of loss or damage to the goods is transferred to the buyer at the time 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 the one 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 warranty
15.1 Legal warranty of conformity and legal warranty of hidden defects
The Obvious Tea Company (51 rue Maurice Philippot 92260 Fontenay aux roses) is the guarantor of 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 in the thing sold. In case of implementation of the legal guarantee of conformity, it is recalled 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 proving the existence of the lack of conformity of the good during the 24 months following the delivery of the good.
In addition, it is recalled that :
- the legal guarantee of conformity applies independently of the commercial guarantee indicated below;
- the buyer may decide to implement the warranty against hidden defects of the thing sold. In this case, he can choose between the resolution of the sale or a reduction of the price.
The buyer is expressly informed that the seller is not the producer of the products presented in the sense of the law n° 98-389 of May 19, 1998 relating to the responsibility for defective products.
Article 16 - Right of withdrawal
This right of withdrawal is excluded for :
- contracts for services, the execution of which has begun, with the agreement of the buyer, before the end of the withdrawal period;
- contracts for goods made to order or clearly personalized by the buyer;
- contracts for goods which, by their nature, cannot be reshipped 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 date of delivery of his order, to return any item that does not suit him and request an exchange or refund without penalty, except for the cost of return which remains the responsibility of the buyer.
The products must however be returned in their original packaging and in perfect condition within 14 days following the notification to the seller of the buyer's decision to withdraw.
The returns are to be made in their original state and complete (packaging, accessories, instructions ...) allowing their remarketing in new condition, accompanied by the purchase invoice.
Damaged, soiled or incomplete products are not accepted.
Special case for consumable products: tea or infusion bags must not have been opened. Otherwise, they cannot be returned for hygienic reasons.
The right of withdrawal can be exercised by mail, using the model withdrawal form available in the appendix of these general conditions. In this case, an acknowledgement 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 will to withdraw.
In case of exercise of the right of withdrawal within the above-mentioned period, the price of the product(s) purchased and the delivery costs will be refunded.
Upon request of the buyer, 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 provided above.
Article 17 - Force majeure
All circumstances beyond the control of the parties preventing the execution of their obligations under normal conditions are considered as causes of exoneration of the obligations of the parties and lead to their suspension.
The party invoking the above-mentioned circumstances must immediately notify the other party of their occurrence and of their disappearance.
Will be considered as force majeure all facts or circumstances irresistible, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which could not be prevented by the latter, despite all reasonably possible efforts. Expressly, are considered as force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of the courts and French tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the stoppage of telecommunication networks or difficulties specific to telecommunication networks external to the customers.
The parties will meet 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 longer than three months, the present 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 on this content.
The buyers commit themselves not to make any use of this content; any total or partial reproduction of this content is strictly forbidden and is likely to constitute an offence of counterfeiting.
Article 19 - Data processing and Freedoms
The personal data provided by the buyer are necessary for the processing of his order and the establishment of 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 through 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 the information concerning him. This right can be exercised under the conditions and according to the methods 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 as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will keep all their force and scope.
Article 21 - Non-waiver
The fact that one of the parties does not take advantage of a breach by the other party to any of the obligations referred to in these terms and conditions shall not be interpreted for the future as a waiver of the obligation in question.
Article 22 - Title
In case 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
The present 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 deemed authentic in the event of a dispute.
Article 24 - Mediation
The buyer can resort to a conventional mediation, with " MEDIATION-NET consommation " in case of dispute.
Article 25 - Applicable law
The present general conditions are subject to the application of French law, excluding the provisions of the Vienna Convention. This applies to both substantive and formal rules. In the event of a dispute or claim, the buyer shall first contact the seller to obtain an amicable solution.
ANNEX 1 - Provisions relating to legal guarantees
Article L217-4 of the Consumer Code
The seller delivers a good in conformity with the contract and is responsible for the defects of conformity existing at the time of delivery.
He is also responsible for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility.
Article L217-5 of the Consumer Code
The good is in conformity with the contract:
1° If it is suitable for the use usually expected of a similar good and, if necessary :
- if it corresponds to the description given by the seller and has the qualities that the latter has presented to the buyer in the form of a sample or model;
- if it presents the qualities that a purchaser can legitimately expect taking into account the public declarations made by the salesman, by the producer or by his representative, in particular in publicity or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
Article L217-12 of the Consumer Code
The action resulting from the defect of conformity is prescribed by two years as from the delivery of the good.
Article L217-16 of the Consumer Code
When the buyer asks the seller, during the course of the commercial guarantee that was granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee that remained to run.
This period runs from the date of the buyer's request for intervention or from the time the item in question is 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 warranty for hidden defects of the thing sold which make it unfit for the purpose for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would have given only a lesser price, if he had known about them.
Article 1648 of the Civil Code
The action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect.
In the case provided for in Article 1642-1, the action must be brought, under penalty of foreclosure, within one year of the date on which the seller can be discharged from the defects or apparent lack of conformity.
APPENDIX 2 - Withdrawal Form
To the attention of " The Obvious Tea Company, 51 rue Maurice Philippot 92260 Fontenay aux Roses, firstname.lastname@example.org " :
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 consumer(s) :
Address of consumer(s) :
Signature of consumer(s) (only if notifying this form on paper):
(*) Delete as appropriate.