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General Conditions of Sale of products online between professionals
(or GTC of goods between professionals on the Internet)
PREAMBLE
These General Terms and Conditions apply to all sales concluded on the websites grossiste-the.com / supplieroftea.com / grossiste-boite.com
The websites grossiste-the.com / supplierofte.com / grossiste-boite.com provide a service of:
- Sale of products online
The websites grossiste-the.com / supplierofte.com / grossiste-boite.com market the following products:
• Teas;
• Infusions;
• Cafes;
• Tea boxes;
• Metal boxes;
• Tags ;
• Sachets;
• Tea accessories, including teapots, cups, infusers etc. ;
• Any other item related to the consumption of teas or infusions or coffee.
The BUYER declares to have read and accepted the General Terms and Conditions prior to placing his order.
Validation of the order therefore constitutes acceptance of the General Terms and Conditions.
ARTICLE 1- PRINCIPLES
These General Terms and Conditions express the entirety of the obligations of the parties.
They constitute the sole basis of the commercial relationship between the parties and the BUYER is deemed to accept them without reservation.
These General Terms and Conditions take precedence over any other document, and in particular over any general conditions of purchase.
They apply without restriction or reservation to all services provided by the SELLER to professional BUYERS.
The BUYER and the SELLER agree that these General Terms and Conditions exclusively govern their relationship.
The SELLER reserves the right to change its general conditions from time to time. They will be applicable as soon as they are put online.
If a condition of sale is missing, it will be considered to be governed by the practices in force in the sector of distance selling between professionals whose companies have their head office in France.
These General Terms and Conditions are communicated to any BUYER who requests them, in order to enable them to place an order.
These General Terms and Conditions are applicable until 01/01/2116
ARTICLE 2 – CONTENT
The purpose of these General Terms and Conditions is to define the rights and obligations of the parties in the context of the online sale of goods and products offered by the SELLER to the BUYER.
These conditions only concern purchases made on this website and delivered exclusively in mainland France and Corsica. For all deliveries in the French Overseas Territories or outside France, please indicate this to obtain a specific quote.
ARTICLE 3 – THE ORDER
The BUYER places his order online, from the online catalog and using the form on the site.
The SELLER does not honor any order of less than 1KG for tea or infusion.
For the order to be validated, the BUYER must accept, by clicking in the place indicated on the site, these General Terms and Conditions. Its acceptance will result in the sending of a confirmation email from the seller, in accordance with the conditions described below.
The BUYER must choose the address and delivery method. Payment is made by credit card or bank transfer or by check.
Any order constitutes acceptance of the prices and descriptions of the products available for sale.
In certain cases, including 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.
If an ordered product is unavailable, the BUYER will be informed by email.
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 order tracking, the BUYER can:
- Send an email to the following address: commercial@obvioustea.com
- Track the status of your order in your customer account on the website used to place the order
ARTICLE 4 – ELECTRONIC SIGNATURE
The online provision of the BUYER's bank details and the final validation of the order will constitute proof of the BUYER's agreement.
This will allow the SELLER to obtain payment for the sums due under the purchase order and this will constitute signature and express acceptance of all operations carried out.
In the event of fraudulent use of bank details, the BUYER is invited, as soon as this use is noted, to contact the SELLER by sending an email: commercial@obvioustea.com.
ARTICLE 5 – CONFIRMATION OF THE ORDER
The contractual information will be confirmed by email at the latest at the time of delivery, or failing that to the address indicated by the BUYER on the order form.
ARTICLE 6 – PROOF OF TRANSACTION
Computerized records, kept in the SELLER's computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments made 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 7 – PRODUCT INFORMATION
The products governed by these General Terms and 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 8 – PRICE
The SELLER reserves the right to modify its prices at any time but undertakes to apply the prices in force indicated at the time of the order, subject to availability on that date.
The website price prevails over the catalog price in the event of a difference.
Prices are in euros.
They do not take into account delivery costs invoiced additionally and indicated before validation of the order.
The prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will be automatically reflected in the price of the products in the online store.
Payment of the entire price must be made when ordering. At no time can the sums paid be considered as deposits or deposits.
If one or more taxes or contributions, particularly environmental, were to be created or modified, either up or down, this change may be reflected in the selling price of the products.
Deposit :
Any order may give rise to the payment of a deposit, the terms of which will be set by the SELLER at the time of the sale. Except in cases of force majeure, any cancellation of the order by the BUYER will not give rise to reimbursement of this deposit.
ARTICLE 9 – METHOD OF PAYMENT
This is an order with payment obligation, which means that the order involves payment by the BUYER.
Payment for the order is made by credit card or bank transfer or check.
The SELLER reserves the right to suspend any management of the order and any delivery in the event of refusal of payment authorization from officially accredited organizations or in the event of non-payment.
The SELLER reserves the right to refuse 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 for the order is payable in full and in a single payment upon receipt of the invoice.
The payment date will be mentioned on the invoice sent to the BUYER.
Payment conditions the sending of the products.
Any late payment will result in the immediate payment of all sums owed to the SELLER by the BUYER, without prejudice to any other action that the SELLER may be entitled to take in this respect against the BUYER.
ARTICLE 10 – AVAILABILITY OF PRODUCTS
Except in cases of force majeure or during closing periods 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 the order is registered.
The delivery time depends on the carrier chosen by the BUYER.
For all deliveries in France (Mainland and Corsica) the deadline is 15 working days following the day on which the BUYER has made full payment for his order.
For any delivery in the French Overseas Territories or outside France, please indicate this to obtain a specific quote.
In the event of delay, the SELLER cannot be held liable for any reason whatsoever. Consequently, no claim for compensation of any nature whatsoever may be claimed by the BUYER.
If the ordered product is unavailable, the BUYER will be informed as soon as possible and will have the option to cancel their order. The BUYER then has the choice of requesting a refund of the sums paid within 30 days of payment, or an exchange of the product.
ARTICLE 11 – DELIVERY TERMS
Delivery is only made after confirmation of payment.
It is provided within the time limit specified in article 10.
No collection from the warehouse is accepted.
Any delay greater than 30 working days may result in cancellation of the sale and the payment made when ordering will be returned to the BUYER.
In the event of non-compliance with the payment conditions set out above, the SELLER may suspend or cancel the sale.
The products are delivered to the address indicated by the BUYER on the order form, the latter must ensure its accuracy.
Any package returned to the SELLER due to an incorrect or incomplete delivery address may be reshipped at the BUYER's expense.
If the BUYER is absent on the day of delivery, the delivery person will leave a calling card which will allow the package to be collected from the location and during the time indicated.
If at the time of delivery, the original packaging is damaged, torn or 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 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, 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 confirm these reservations to the carrier by registered mail at the latest within two working days following receipt of the items and send a copy of this letter to the SELLER at the address indicated in the legal notices of the site.
ARTICLE 12 – DELIVERY ERRORS
The BUYER must make to the SELLER on 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 kind or quality in relation to the indications appearing on the order form.
Any complaint made after this deadline will be rejected.
The complaint can be made using the following email address: commercial@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 a product exchange number and communicate it by email to the BUYER.
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 registered colissimo to the following address: 51 rue Maurice Philippot 92260 Fontenay with Roses
Return costs are the responsibility of the BUYER.
ARTICLE 13 – PRODUCT GUARANTEE
The SELLER guarantees the BUYER against any lack of conformity of the services and any hidden defect resulting from a defect in the design or provision of said services to the exclusion of any negligence or fault of the BUYER.
Regarding personalized labeling, the BUYER is responsible for the content of the labels and the spelling.
Only ORGANIC certification items are verified by the SELLER.
In any event, in the event that the SELLER is held liable, the SELLER's guarantee will be limited to the amount excluding tax paid by the BUYER for the purchase of the good.
ARTICLE 14 – RIGHT OF WITHDRAWAL
The BUYER being a professional and purchasing within the framework and for the needs of his profession, there is no reason to apply the right of withdrawal provided for by the Consumer Code.
ARTICLE 15 – 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 possible reasonable efforts will be considered as force majeure.
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 3 months, these General Terms and Conditions may be terminated by the injured party.
ARTICLE 16 – PARTIAL NON-VALIDATION
If one or more clauses of these General Terms and Conditions are held to be invalid or declared such in application of a law, a regulation or a final decision of a competent court, the other clauses will retain their full force and scope.
ARTICLE 17 – 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 Terms and Conditions cannot be interpreted for the future as a waiver in question.
ARTICLE 18 – APPLICABLE LAW
These conditions are subject to the application of French law.
The parties undertake to seek an amicable solution to any dispute which may arise from the interpretation or execution of the contract.
If they are unable to do so, the parties will submit the dispute to the NANTERRE Commercial Court.
ARTICLE 19 – COLLECTION OF PERSONAL DATA
Data collected
The personal data collected on this site are as follows:
- Account opening: the user provides the information below.
- Connection: the user records his/her last name, first name, connection data, usage data and payment data
- Profile: address and telephone number
- Payment: the user records financial data as part of payment for products
- Communication: when the website is used to communicate with members, the data concerning the communication are subject to temporary storage.
- Cookies: cookies are used as part of the use of the site. The user has the option to deactivate cookies from the navigation settings.
Use of personal data
The personal data collected from users aims to provide website services, improve them and maintain a secure environment.
More specifically the uses are as follows:
- Access and use of the website by the user
- Management of the operation and optimization of the website
- Organization of the conditions of use of payment services
- Verification, identification and authentication of data transmitted by the user
- Offer to the user the possibility of communicating with other web users
- Implementation of user assistance
- Personalization of services by displaying advertisements based on the user's browsing history, according to their preferences
- Prevention and detection of fraud, malware (malicious software) and management of security incidents
- Management of possible disputes with users
- Sending commercial and advertising information based on user preferences
Sharing personal data with third parties
Personal data may be shared with third party companies in the following cases:
- When the user uses payment services, for the implementation of these services the website is in contact with third-party banking and financial companies with which it has entered into contracts.
- When the user publishes information accessible to the public in the free comment areas of the website
- When the user authorizes a third party's website to access their data
- When the website uses the services of service providers to provide user assistance, advertising and payment services. These service providers have limited access to user data, as part of the performance of these services, and have a contractual obligation to use them in accordance with the provisions of the applicable data protection regulations. personal character.
- If required by law, the website may transmit data to pursue claims made against the site and to comply with administrative and legal procedures
- If the website is involved in a merger, acquisition, transfer of assets or receivership procedure, it may be required to transfer or share all or part of its assets, including personal data. In this case, users would be informed before personal data is transferred to a third party.
Security and Privacy
The website implements organizational, technical, software and physical measures in terms of digital security to protect personal data against alteration, destruction, and unauthorized access.
However, it should be noted that the Internet is not a completely secure environment and the website cannot guarantee the security of the transmission or storage of information on the Internet.
Implementation of user rights
In application of the regulations applicable to personal data, users have the following rights which they can assert at the following address webmaster@obvioustea.com:
- They can update or delete their data by logging into their account and configuring their account settings
- They can delete their account by writing to the following email address webmaster@obvioustea.com. Please note that information shared with other users such as posts on forums may remain visible to the public on the website even after deleting their account.
- They can exercise their right of access to know the personal data concerning them by writing to the following email address: webmaster@obvioustea. In this case, before implementing this right, the website may request proof of the user's identity in order to verify its accuracy.
- If the personal data held by the website is inaccurate, they may request that the information be updated by writing to the following email address: webmaster@obvioustea.com
- Users may request the deletion of their personal data in accordance with applicable laws in this area by writing to the following email address: webmaster@obvioustea.com
Evolution of this clause
The website reserves the right to make any modification to this clause relating to the protection of personal data at any time.
If a modification is made to this personal data protection clause, the website undertakes to publish the new version on its site.
The website will inform users of the modification by email within a minimum of 15 days before the effective date.
If the user does not agree with the terms of the new wording of the personal data protection clause, he has the possibility of deleting his account.