Legal information and Terms of use of the site grossiste-the.com

 

General Sales Conditions applicable to consumers (non-business customers)

 

Continued browsing of this site implies unreserved acceptance of the following terms and conditions of use.

The current online version of these terms of use is the only one applicable during the entire period of use of the site and until a new version replaces it.

 

Article 1 - Legal information

 

1.1 Site (hereinafter "the site"): grossiste-the.com

1.2 Publisher (hereinafter "the Publisher"): The Obvious Tea Company, SASU with capital of 40,000 euros, headquartered at 51 rue Maurice Philippot 92260 Fontenay aux roses, RCS Nanterre, SIREN number 832057608 represented by Anne HENRY, in her capacity as manager, E-mail address: direction@obvioustea.com, Publication manager: Charles-Henry LECAT, webmaster@obvioustea.com.

1.3 Host (hereinafter referred to as the "Host"): "1 and 1 Internet", a limited liability company with a share capital of 100,000 euros, headquartered at 7 place de la gare 57201 Sarreguemines, RCS 431303775, represented by Markus Huhn.

 

Article 2 - Site Access

 

Access to the site is reserved for adults. The publisher reserves the right to request proof of age, particularly if you use online ordering services.

Access to and use of the site is strictly personal. You undertake not to use this site or the information or data contained therein for commercial, political, or advertising purposes or for any form of commercial solicitation, in particular the sending of unsolicited e-mails.

 

 

Article 3 - Site content

 

All trademarks, photographs, texts, comments, illustrations, images (animated or not), video sequences, sounds, as well as all computer applications that may be used to operate this site and, more generally, all elements reproduced or used on the site are protected by current intellectual property laws.

They are the complete property of the publisher or its partners. Any reproduction, representation, use, or adaptation, in any form whatsoever, of all or part of these elements, including computer applications, without the prior written consent of the publisher, is strictly forbidden. The fact that the publisher does not initiate proceedings as soon as it becomes aware of such unauthorized use does not imply acceptance of said use and waiver of prosecution.

Concerning online ordering services, all information on this site is valid for metropolitan France (including Corsica) only. For orders destined for other destinations, you must request the necessary information via the publisher's e-mail address below.

 

  Article 4 - Site management

 

For the proper management of the site, the publisher may at any time :

- suspend, interrupt, or limit access to all or part of the site, restrict access to the site, or to certain parts of the site, to a specific category of Internet user;

- delete any information that could disrupt its operation or contravene national or international laws;

- suspend the site for updates.

 

Article 5 - Responsibilities

 

The publisher cannot be held liable for any failure, breakdown, difficulty, or interruption in operation, preventing access to the site or any of its functions.

The equipment you use to connect to the site is your sole responsibility. You must take all appropriate measures to protect your equipment and your data, in particular from virus attacks via the Internet. You are also solely responsible for the sites and data you consult.

The publisher cannot be held responsible for any legal action taken against you:

- as a result of using the site or any service accessible via the Internet;

- as a result of your failure to comply with these terms and conditions.

The publisher is not responsible for any damage caused to you, to third parties, and/or to your equipment as a result of your connection to or use of the site, and you waive any claim against it in this respect.

Should the publisher be the subject of amicable or legal proceedings as a result of your use of the site, it may take action against you to obtain compensation for all damages, sums, sentences, and costs that may arise from such proceedings.

 

 Article 6 - Hypertext links

 

The creation of any hypertext links to all or part of the site is strictly forbidden without prior written authorization from the publisher, requested by e-mail from the following address: webmaster@obvioustea.com or by sending a copy to direction@obvioustea.com .

The publisher is free to refuse this authorization without having to justify its decision in any way whatsoever. Should the publisher grant its authorization, it is in any case only temporary and may be withdrawn at any time, without any obligation on the part of the publisher to justify its decision.

In all cases, any link must be removed on a simple request from the publisher.

Any information accessible via a link to other sites is not under the control of the publisher, who declines all responsibility for their content.

 

  Article 7 - Data collection

 

Any personal information collected on the site is mainly used by the editor to manage relations with you and, where applicable, to process your orders. It is recorded in the editor's customer file, and the file thus created from personal data is declared to the CNIL.

Following the provisions of the French Data Protection Act no. 78-17 of January 6, 1978, as amended, you have the right to access, query, modify, and delete information concerning you. You may exercise this right at any time by contacting the publisher either directly on the site under the heading "Contact us", or by post at the following address 51 rue Maurice Philippot 92260 Fontenay aux roses.

For security reasons and to avoid fraudulent requests, this request must be accompanied by proof of identity. This proof of identity will be destroyed once the request has been processed.

The information collected may be communicated to third parties bound to the editor by contract for the performance of subcontracted tasks necessary for the management of your account and without your consent. In the event of a proven breach of legal or regulatory provisions, this information may be communicated at the express request of the judicial authorities.

Where certain information is mandatory to access specific functions of the site, the publisher will indicate this at the time of data entry.

You may receive commercial offers from the publisher. If you do not wish to receive such offers, please cross out the appropriate box: Yes - No.

If you do not wish your data to be used by the publisher's partners for commercial prospecting purposes, please cross out the appropriate box: Yes - No.

If, when consulting the site, you access personal data, you must refrain from any collection, any unauthorized use, and any act that may constitute an infringement of the privacy or reputation of persons. The publisher declines all responsibility in this respect.

 

Article 8 - Cookies

 

The site may automatically collect standard information such as your full name and date of birth. Any information collected indirectly will only be used to monitor the volume, type, and pattern of traffic using this site, to develop the design and layout of the site 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 engage the editor.

 

Article 10 - Applicable law

 

These terms and conditions of use are governed by French law.

 

Article 11 - Contact us

 

For any questions or information about the products presented on the site, or about the site itself, please contact the webmaster at webmaster@obvioustea.com.

 

General Sales Conditions (GSC) applicable to consumers

 

This website " obvioustea.com " is published by The Obvious Tea Company with a capital of 2000€, headquartered at 51 rue Maurice Philippot 92260 Fontenay aux roses, registered at RCS Nanterre n°823 057 608.

 

Article 1 - Entirety

 

These general terms and conditions express the entirety of the obligations of the parties. The purchaser is deemed to accept them without reservation.

These terms and conditions of sale apply to the exclusion of all other terms and conditions, in particular, those applicable to in-store sales or sales via other distribution and marketing channels.

They are available on the "obvioustea.com" website and shall prevail, where applicable, over any other version or any other contradictory document.

Seller and Buyer agree that these terms and conditions shall exclusively govern their relationship. The seller reserves the right to modify these terms and conditions from time to time. They will be applicable as soon as they are put online.

If a condition of sale is lacking, it will be considered to be governed by the practices in force in the distance selling sector whose companies are based in France.

These terms and conditions are valid until updated.

 

 

Article 2 - Contents

 

The purpose of these terms and conditions is to define the rights and obligations of the parties in connection with the online sale of goods offered by the seller to the buyer from the "obvioustea.com" website.

The present conditions only concern purchases made by buyers located in France and delivered exclusively within this geographical territory. For deliveries outside France, please send a message to the following e-mail address: "contact@obvioustea.com".

These purchases include the following products:

- Teas and infusions

- Tea accessories such as cups, thermos flasks, teapots, tea balls, etc.

- Boxes, especially by subscription

- Gift sets

 

Article 3 - Pre-contractual information

 

3.1 The purchaser acknowledges that, before placing an order and entering into a contract, he/she has been provided, in a legible and comprehensible manner, with these general terms and conditions of sale and with all the information listed in article L. 221-5 of the French Consumer Code.

 

 3.2 The purchaser is provided with the following information 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 used to calculate the price and, if applicable, any additional transport, delivery, or postage costs and any other charges.

- if additional costs cannot be calculated: all additional freight, delivery or postage costs and any other costs;

- in the absence of immediate performance of the contract, the date or time by which the service provider undertakes to deliver the goods or perform the service, regardless of price;

- information relating to the identity of the service provider, its postal, telephone, and electronic contact details, and its activities, as well as information relating to legal warranties, digital content functionalities, the existence and implementation of warranties, and other contractual conditions.

 

3.3 The seller provides the buyer with the following information:

- its name or corporate name, the geographical address of its place of business and, if different, that of its registered office, its telephone number and e-mail address;

- terms and conditions of payment, delivery, and performance of the contract, as well as the professional's complaint handling procedures;

- in the event of a sale, the existence and terms and conditions of the legal guarantee of conformity, the guarantee against hidden defects, and, where applicable, the commercial guarantee and after-sales service;

- the duration of the contract, in the case of a fixed-term contract, or the conditions of its termination in the case of an open-ended contract.

 

Article 4 - The order

 

The purchaser may place an order online, using the online catalog and the form provided therein, for any product, while stocks last.

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

For the order to be validated, the buyer must accept the present terms and conditions by clicking where indicated. They must also choose the delivery address and method, and finally validate the payment method.

The sale will be considered final:

- after the seller has sent the buyer confirmation of acceptance of the order by e-mail;

- and after receipt 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 be settled within the framework of a possible exchange and the guarantees mentioned below.

In certain cases, notably non-payment, incorrect address, or other problems with the buyer's account, the seller reserves the right to block the buyer's order until the problem has been resolved.

The order for this Product will then be canceled and reimbursed if necessary, while the rest of the order remains firm and definitive.

For any questions relating to the follow-up of an order, the buyer should contact customer service at the following e-mail address: "contact@obvioustea.com".

 

 

 

Article 5 - Electronic Signature

 

The online provision of the buyer's credit card number and the final validation of the order shall constitute proof of the buyer's agreement:

- payment of sums due under the purchase order,

- signature and express acceptance of all operations carried out.

 

 

Article 6 - Order confirmation

 

 

The purchaser agrees that the contract concluded between the parties shall be evidenced by an order confirmation sent in electronic format.

 

 

Article 7 - Proof of transaction

 

Computerized 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 - Product information

 

The products governed by these terms and conditions are those which appear on the seller's website and which are indicated as sold and dispatched by the seller. They are offered while stocks last.

The products are described and presented as accurately as possible. However, the seller cannot be held responsible for any errors or omissions in this presentation.

Product photographs are not contractual.

 

Article 9 - Prices

 

Sale prices are indicated, for each of the products listed in the electronic catalog, in euros including all taxes, excluding delivery and transport costs mentioned before order validation and invoices in addition.

The total amount due by the consumer is indicated on the order confirmation page.

The selling price of the product is in force on the day of the order.

The sale price of products does not include shipping costs, which are invoiced in addition to the price.

In the event of a price promotion, the professional seller undertakes to apply the promotional price to all orders placed during the period in which the promotion is advertised.

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.

Any additional transport, delivery, or postage costs (to which must be added any other costs borne by the seller), of which the customer has been made aware before placing the order, 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 a payment obligation, which means that placing the order implies payment by the buyer.

To pay for his order, the buyer has the choice of all the methods of payment made available by the seller and listed on the seller's website. The buyer guarantees the seller that he/she has the necessary authorization to use the method of payment chosen by him/her when validating the order form. The seller reserves the right to suspend all order processing and deliveries in the event of refusal to authorize payment by credit card by officially accredited organizations, or in the event of non-payment. In particular, 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 for a previous order, or with whom a payment dispute is in progress.

Payment must be made in full when the order is placed, using the following methods: by credit card. 

Payments made by the purchaser will not be considered final until the seller has received the sums due.

 

 

Article 11 - Product Availability - Refund - Resolution

 

 

Except in cases of force majeure or when the online store is closed, which will be clearly announced on the site's home page, shipping times will be as indicated below, subject to stock availability. Delivery times run from the order registration date indicated on the order confirmation e-mail.

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 - Delivery terms

 

Delivery refers to the transfer of physical possession or control of the goods to the consumer. Delivery is only made after confirmation of payment by the seller's bank.

Products ordered are delivered as follows:

- Colissimo without signature 48h

- Mondial Relay (express delivery)

- Simple letter (La Poste)

Products are delivered to the address indicated by the purchaser on the order form, and the purchaser must ensure that this address is correct. Any parcel returned to the seller because of an incorrect or incomplete delivery address will be reshipped at the buyer's expense. At the buyer's request, an invoice can 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 refuse the parcel and note a reservation on the delivery note ("parcel refused because opened or damaged").

The purchaser must indicate any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged parcel, broken products, etc.) on the delivery note in the form of handwritten reservations accompanied by his/her signature.

This verification is considered to have been carried out once the purchaser, or a person authorized 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 receiving the item(s) at the latest, and send a copy of this letter by fax or ordinary mail to the seller at the address given in the site's legal notice.

If products need to be returned to the seller, they must be returned to the seller within 14 days of delivery. Any claim made outside this period may be refused. Returns will only be accepted for products in their original condition (packaging, accessories, instructions, etc.).

 

 

Article 13 - Delivery errors

 

The purchaser must notify the seller on the day of delivery, or at the latest on the first working day following delivery, of any claim of error in delivery and/or non-conformity of the products in kind or quality concerning the indications on the order form. Any claim made after this deadline may be rejected.

Complaints can be made to the following e-mail address: "reclamation@obvioustea.com".

Any complaint not made 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.

Upon receipt of the claim, the seller will assign an exchange number for the product(s) concerned and communicate it by e-mail to the buyer. A product can only be exchanged once the exchange number has been allocated.

In the event of a delivery error or exchange, any product to be exchanged or refunded must be returned to the seller in its entirety and its original packaging, by the most economical means of shipment, 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

 

All risk of loss or damage to the goods passes to the buyer at the time the buyer or a third party designated by the buyer, other than the carrier proposed by the seller, takes physical possession of the 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 warranty against 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 claim the legal warranty of conformity or warranty of defects in the thing sold. In the event of a claim under the legal warranty of conformity, please note that :

- the buyer has a period of 2 years from delivery of the goods to take action;

- the purchaser may choose between repair or replacement of the good, subject to cost conditions;

- the buyer does not have to prove the existence of a lack of conformity for 24 months following delivery.

 

We also remind you that :

- the legal warranty of conformity applies independently of the commercial warranty indicated below;

- the buyer may decide to invoke the warranty against hidden defects in the item sold. In this case, he can choose between rescinding the sale or reducing the price.

 

The purchaser is expressly informed that the seller is not the producer of the products presented within the meaning of Law No. 98-389 of May 19, 1998, concerning liability for defective products.

 

 

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 from the parties' obligations and shall 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.

Force majeure is defined as any irresistible event or circumstance beyond the control of the parties, unforeseeable, unavoidable, beyond the parties' control, and which the parties are unable to prevent, despite all reasonable efforts to the contrary. The following are expressly considered to be cases of force majeure or fortuitous events, in addition to those usually accepted by the jurisprudence of French courts and tribunals: blockage of means of transport or supply, earthquakes, fires, storms, floods, lightning, stoppage of telecommunication networks or difficulties specific to telecommunication networks external to customers.

The parties will meet to examine the impact of the event and agree on the conditions under which the performance of the contract will continue. If the case of force majeure lasts longer than three months, the present 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, who alone holds the intellectual property rights to this content.

Purchasers undertake not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.

 

 

Article 19 - Data protection

 

The nominative data provided by the purchaser is necessary for the processing of his/her order and the preparation of invoices.

They may be communicated to the seller's partners responsible for executing, processing, managing, and paying for orders.

The processing of information communicated via the "obvioustea.com" website has been declared to the CNIL.

The purchaser has a permanent right of access, modification, rectification, and opposition concerning information concerning him or her. This right may be exercised under the terms and conditions defined on the "obvioustea.com" website.

 

 

Article 20 - Partial non-validation

 

If one or more stipulations of these terms and conditions are held to be invalid or declared as such in the application of a law, or regulation, or following a final decision by a competent court, the other stipulations will retain their full force and scope.

 

 

Article 21 - Non-waiver

The fact that one of the parties does not avail itself of a breach by the other party of any of the obligations referred to in these general terms and 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 titles appearing at the head of the clauses and any of the clauses, the titles will be declared non-existent.

 

 

Article 23 - Contract language

 

These general terms and conditions of sale are written in French. In the event of translation into one or more foreign languages, the French text shall prevail 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 terms and conditions are governed by French law, to the exclusion of the provisions of the Vienna Convention. This applies to both substantive and formal rules. In the event of a dispute or claim, the buyer should first contact the seller to obtain an amicable solution.

 

 

 

APPENDIX 1 - Legal warranty provisions

 

 

 

 

Article L217-4 of the French Consumer Code

The seller delivers goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery.

 He is also liable for defects in conformity resulting from the packaging, assembly instructions, or installation when the latter was his responsibility under the contract or was carried out under his responsibility.

 

Article L217-5 of the French Consumer Code

The property conforms to the contract:

1° Whether it is fit for the use ordinarily expected of similar goods and, if so :

- if it corresponds to the description given by the seller and has the qualities presented to the buyer in the form of a sample or model;

- it has the qualities that a purchaser may legitimately expect in the light of public statements made by the seller, the producer, or his representative, particularly in advertising or labeling;

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 seller's attention, and accepted by the latter.

 

Article L217-12 of the French Consumer Code

Any action arising from a lack of conformity must be brought within two years of delivery of the goods.

 

Article L217-16 of the French Consumer Code

When the buyer asks the seller, during the commercial warranty granted at the time of the purchase or repair of a movable good, for a repair covered by the warranty, any period of immobilization of at least seven days is added to the remaining warranty period.

This period runs from the date of the buyer's request for service, or from the date the goods in question are made available for repair if the goods are made available after the service request.

 

Article 1641 of the French Civil Code

The seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which impair that use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he been aware of them.

 

Article 1648 of the French Civil Code

The action resulting from redhibitory defects must be brought by the purchaser within two years of discovery of the defect.

In the case provided for in article 1642-1, the action must be brought, on pain of foreclosure, within one year of the date on which the seller can be relieved of 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, reclamation@obvioustea.com":

I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the following goods (*)/provision of services (*):

Ordered on (*)/received on (*) :

Name of consumer(s) :

Address of consumer(s) :

Signature of consumer(s) (only in the case of notification of this form on paper) :

Date :

(*) Delete as appropriate.