General Terms and Conditions of Sale for online products between professionals

(or GTC of goods between professionals on the Internet)

 

PREAMBLE

These GTC 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 :

- Online sale of products

The websites grossiste-the.com / supplierofte.com / grossiste-boite.com sell the following products:

- Teas ;

- Infusions ;

- Coffees ;

- Tea boxes ;

- Metal tins ;

- Labels;

- Bags;

- Tea accessories, including teapots, cups, infusers etc. ;

- Any other item related to the consumption of tea or infusions or coffee.

 

The PURCHASER declares that he has read and accepted the GCS before placing his order.

 

Validation of the order therefore implies acceptance of the GTC.

 

 

ARTICLE 1- PRINCIPLES

 

These GTC express the entire obligations of the parties.

They constitute the sole basis of the commercial relationship between the parties and the BUYER is deemed to accept them unreservedly.

These GTC take precedence over any other document, and in particular over any general terms and conditions of purchase.

They apply without restriction or reservation to all services rendered by the SELLER to professional BUYERS.

The BUYER and the SELLER agree that these GTC exclusively govern their relationship.

The SELLER reserves the right to change 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 between professionals whose companies have their registered office in France.

These GTC are communicated to any BUYER who so requests, in order to enable him/her to place an order.

These GTC are applicable until 01/01/2116.

 

ARICLE 2 - CONTENTS

The purpose of these GTC 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.

The present conditions only concern purchases made on this website and delivered exclusively in Metropolitan France and Corsica. For all deliveries in the French overseas departments and territories or outside France, it is advisable to indicate this in order to obtain a specific quotation.

ARTICLE 3 - THE ORDER

The BUYER places his order online, from the online catalogue and by means of the form on the site.

The SELLER does not honour any order less than 1KG for tea or infusion.

For the order to be validated, the BUYER must accept, by clicking on the place indicated on the site, the present GTC. Acceptance will result in the sending of a confirmation e-mail from the seller, in accordance with the conditions described below.

The BUYER must choose the address and delivery method. Payment shall be made by credit card or bank transfer or by cheque.

Any order implies acceptance of the prices and descriptions of the products available for sale.

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.

In the event of unavailability of an ordered product, the BUYER will be informed by e-mail.

The cancellation of the order of this product and its possible refund will then be made, the rest of the order remaining firm and definitive.

For any question relating to the follow-up of the order, the BUYER may :

- Send an e-mail to the following address: commercial@obvioustea.com

- Track the status of your order in your customer account on the website that was 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 be proof of the BUYER's agreement.

This will enable the SELLER to obtain payment of the sums due under the order form and will be worth signing and expressly accepting all the operations carried out.

In the event of fraudulent use of bank details, the BUYER is invited, as soon as this use is observed, to contact the SELLER by sending him an e-mail: commercial@obvioustea.com.

ARTICLE 5 - ORDER CONFIRMATION

Contractual information will be confirmed by e-mail at the latest at the time of delivery, or failing that at the address indicated by the BUYER on the order form.

ARTICLE 6 - PROOF OF THE TRANSACTION

The computerised registers, kept in the SELLER's computer systems under 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 carried out on a reliable and durable medium that can be produced as proof.

 

ARTICLE 7 - PRODUCT INFORMATION

The products governed by these GCS 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 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 at that date.

The website price prevails over the catalogue price in the event of a difference.

Prices are indicated in euros.

They do not take into account the delivery charges invoiced in addition and indicated before the validation of the order.

Prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will automatically be passed on to the price of the products in the online shop.

The payment of the totality of the price must be made at the time of the order. At no time may the sums paid be considered as a deposit or advance payment.

If one or more taxes or contributions, in particular environmental taxes, were to be created or modified, whether upwards or downwards, this change may be passed on to the selling price of the products.

Down payment :

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 shall not give rise to the reimbursement of this deposit.

 

ARTICLE 9 - METHOD OF PAYMENT

This is an order with an obligation to pay, which means that the order implies payment by the BUYER.

The payment of the order is made by credit card or bank transfer or cheque.

The SELLER reserves the right to suspend all management of the order and all deliveries in the event of refusal of payment authorisation by officially accredited bodies or in the event of non-payment.

The SELLER reserves the right to refuse 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 in progress.

Payment of the order is payable in full and in a single instalment on receipt of the invoice.

The date of payment will be mentioned on the invoice sent to the BUYER.

Payment is a condition for the dispatch of the products.

Any delay in payment shall result in all sums due to the SELLER by the BUYER becoming immediately payable, without prejudice to any other action that the SELLER may be entitled to take against the BUYER in this respect.

 

ARTICLE 10 - AVAILABILITY OF PRODUCTS

Except in cases of force majeure or during periods of closure clearly announced on the home page of the site, the delivery times will be, within the limits of available stocks, those indicated below.

The delivery times run from the date of registration of the order.

The delivery time depends on the carrier chosen by the BUYER.

For all deliveries in France (Metropolitan France and Corsica) the delivery time is 15 working days following the date on which the BUYER has paid in full for his order.

For any delivery in the French Overseas Departments and Territories or outside France, it is advisable to indicate it to obtain a specific estimate.

In the event of delay, the SELLER cannot be held liable for any reason whatsoever. Consequently, the BUYER may not make any claim for compensation of any kind whatsoever.

In the event of unavailability of the product ordered, the BUYER will be informed as soon as possible and will have the possibility to cancel the order. The BUYER then has the choice of requesting a refund of the sums paid within 30 days of their payment, or an exchange of the product.ARTICLE 11 - TERMS OF DELIVERY

Delivery is only made after confirmation of payment.

It shall be delivered within the period specified in Article 10.

No withdrawal from the warehouse is accepted.

Any delay of more than 30 working days may result in the cancellation of the sale and the payment made at the time of order will be returned to the BUYER.

In the event of non-compliance with the terms of payment 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 BUYER must ensure its accuracy.

Any package returned to the SELLER because of 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 deliveryman will leave a delivery notice which will enable the package to be collected at the place and within 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 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 note and in the form of handwritten reservations accompanied by his signature any anomaly concerning the delivery (damage, missing product, 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 confirm these reservations to the carrier by registered mail within two working days of receipt of the items at the latest and send a copy of this mail to the SELLER at the address indicated in the legal notices on 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 working days following delivery. Any claim made outside this period will not be accepted. The return of the product can only be accepted for products in their original condition (packaging, accessories, instructions, etc.). Products considered as foodstuffs cannot be returned.

ARTICLE 12 - 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 will be rejected.

The claim may be made using the following e-mail address: commercial@obvioustea.com.

Any claim not made in accordance with the rules defined above and within the time limits set shall not be taken into account and shall release the SELLER from any liability vis-à-vis the BUYER.

Upon receipt of the complaint, the SELLER will assign an exchange number for the product and will communicate it by e-mail 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 in its entirety and in its original packaging, by registered colissimo to the following address: 51 rue Maurice Philippot 92260 Fontenay aux Roses, France.

The costs of return are at the expense of the BUYER.

 

ARICLE 13 - PRODUCT GUARANTEE

The SELLER guarantees the BUYER against any lack of conformity of the services and any latent defect resulting from a defect in the design or supply of said services, excluding any negligence or fault on the part of the BUYER.

With regard to personalised labelling, the BUYER shall be responsible for the content of the labels and the spelling.

Only the items of the ORGANIC certification are verified by the SELLER.

In any event, in the event that the SELLER's responsibility is retained, the SELLER's guarantee shall be limited to the amount excluding VAT paid by the BUYER for the purchase of the goods.

 

ARTICLE 14 - RIGHT OF WITHDRAWAL

As the BUYER is a professional and buys within the framework and for the needs of his profession, there is no need 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 performance of their obligations under normal conditions, are considered as grounds for exoneration of the parties' obligations and lead to their suspension.

The party who invokes the circumstances referred to above must immediately notify the other party of their occurrence, as well as their disappearance.

Will be considered as 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 reasonable efforts possible.

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 longer than 3 months, these GTC may be terminated by the injured party.

ARTICLE 16 - PARTIAL NON VALIDATION

If one or more clauses of these GTC are held to be invalid or declared as 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 GTC shall not be interpreted in the future as a waiver in question.

ARTICLE 18 - APPLICABLE LAW

The present conditions are subject to the application of French law.

The parties undertake to seek an amicable solution to any dispute that may arise from the interpretation or execution of the contract.

If they fail to do so, the parties will submit the dispute to the Commercial Court of NANTERRE.

ARTICLE 19 - COLLECTION OF PERSONAL DATA

Collected data

The personal data collected on this site are as follows:

- Account opening: the user fills in the information below.

- Login: the user registers his surname, first name, login, usage and payment details.

- Profile: address and telephone number

- Payment: the user records financial data as part of the payment for the products.

- Communication: when the website is used to communicate with members, data concerning communication is temporarily stored.

- Cookies: Cookies are used within the framework of the use of the website. The user has the possibility to deactivate cookies from the navigation parameters.

 

Use of personal data

The personal data collected from users is used to provide the website's services, to improve them and to 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 optimisation of the website

- Organisation of the conditions of use of payment services

- Verification, identification and authentication of the data transmitted by the user

- Offers the user the possibility of communicating with other web users.

- Implementation of user support

- Personalisation of the services by displaying advertisements based on the user's browsing history, according to their preferences.

- Prevention and detection of fraud, malware (malicious software) and security incident management

- Management of possible disputes with users

- Sending commercial and advertising information according to the user's preferences

Sharing of 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 relation with third party banking and financial companies with which it has concluded contracts.

- When the user publishes publicly accessible information in the free comment areas of the website

- When the user authorises the website of a third party to access his/her data

- When the website uses the services of service providers to provide user support, advertising and payment services. These service providers have limited access to user data in the context of the performance of these services and are contractually obliged to use them in accordance with the provisions of the applicable regulations on the protection of personal data.

- If required by law, the website may carry out the transmission of data in order to pursue claims against the website and to comply with administrative and legal procedures.

- If the website is involved in a merger, acquisition, disposal of assets or receivership proceedings, it may be required to sell or share all or part of its assets, including personal data. In this case, users will be informed before personal data is transferred to a third party.

Security and confidentiality

The website implements organisational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorised access.

However, please note 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 users' rights

In accordance with 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 the data concerning them by logging into their account and configuring the parameters of this account.

- They can delete their account by writing to the following e-mail address webmaster@obvioustea.com . Please note that information shared with other users such as forum postings may remain visible to the public on the website even after deletion of their account.

- They may exercise their right of access to know their personal data by writing to the following e-mail address: webmaster@obvioustea.com . 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 e-mail address: webmaster@obvioustea.com.

- Users may request the deletion of their personal data in accordance with the applicable laws on the subject by writing to the following e-mail address: webmaster@obvioustea.com.

Evolution of this clause

The website reserves the right to make any changes to this clause on the protection of personal data at any time.

If a change is made to this personal data protection clause, the website undertakes to publish the new version on its website.

The website will inform users of the change by e-mail at least 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 to delete his account.