INFORMATION REQUIRED BY LAW AND THE GENERAL TERMS OF SALE AND USE

INFORMATION REQUIRED BY LAW

 

- The www.kusmitea.com site was published by ORIENTIS, a joint stock company with a capital of € 4 ,300,000, registered in the Paris Trade & Companies Register under number B 438 840 118 with registered offices located at 32/34 rue Marbeuf, 75008 Paris.

Intra community VAT number: FR88 438 840 118

Telephone number: 01.58.71.20.00

Publication Director: Brice Franzoia

Contact: contacten@kusmitea.com

- This site is hosted by ALFUN, a limited liability company with a capital of € 20,000, registered in the Bobigny Trade & Companies Register under number 789 800 026 with registered offices at 97 Rue des Frères Lumière - 97-109 ZI des Chanoux - 93330 NEUILLY SUR MARNE. Telephone number: +33 (0)1 85 10 00 00

 

GENERAL TERMS OF SALE AND USE

The ORIENTIS GOURMET Company, a simplified joint stock company, registered in the Paris Trade & Companies Register under number B 350 283 057 with registered offices at 32-34 Rue Marbeuf 75008 Paris, creates and markets directly and indirectly products of the KUSMI TEA trademark.

We thank you for visiting the site of KUSMI TEA trademark www.kusmitea.com, (referred to hereinafter as « the Site »).

Before using this Site, you are required to examine the following general terms of sale and use (referred to hereinafter as «the General Terms of Sale and Use").

Any access to or use of the Site implies the respect and unconditional acceptance of all of the General Terms of Sale and Use. In the event that you do not wish to accept all or any part of General Terms of Sale and Use, please discontinue all use of this Site.

ORIENTIS GOURMET reserves the right to amend the terms, conditions and information in these General Terms of Sale and Use, as well as the legal information. These amendments are considered as accepted unconditionally when you access the Site, after it has been placed on line.

You acknowledge that these General Terms of Sale and Use constitute a complete, exclusive agreement between you and ORIENTIS GOURMET in relation to your use of the Site.

 

GENERAL TERMS OF SALE

The General Terms of Sale and Use apply to all orders placed via this Site and this regardless of the clauses which may appear in the buyer's documents.

When a case is not covered by this document, the rules governing distance selling in the place of ORIENTIS GOURMET's registered offices apply.

The ORIENTIS GOURMET offers presented on the Site are intended solely for private individuals. ORIENTIS GOURMET reserves the right to refuse to grant its offers to any professional retailer and to cancel any order placed by a professional at any time following the date of the order and for a duration of 12 months following the scheduled delivery date.

Any product and any sample available on the Site (hereinafter the "Product(s)") are intended solely for personal use. You therefore pledge not to sell or to resell the ORIENTIS GOURMET Products and samples which you purchase or receive.

ORIENTIS GOURMET reserves the right to cancel, limit or reduce the quantity of any order which may be placed in breach of these General Terms of Sale and Use.

1. Orders and validity of offers

1.1 The ordering procedure

A detailed description of the Products is available to any individual visiting the Site.

The system put into place involves active steps on your part. It complies with the requirements of law in the domain of online sales and consumer protection.

To order the Products you wish, enter onto the product sheet the items you wish to purchase by clicking on the photograph; select the desired packaging and quantity, then click on «Buy ». Your choices will be added to your cart automatically.

You may select several Products in a given reference by changing the quantities in your order summary and clicking on the button "Proceed to checkout". You can also cancel one of the Products selected by registering "0" in the quantities reported or by clicking on the button "X" on the left of each Product.

Once you have successfully selected all the desired Products, click on "Order" in your cart. Then, fill-in the form with your complete delivery and billing details, or choose your mailing address among those already registered if you have an account. If your purchase is for a third party, you can write a message which will be attached to the delivery. Click on "I continue" to validate these elements.

Finally, choose your payment means, check your order and click on "Order" to finalize your order.

In the event of omission of any of the previous elements, your order will not be valid.

At the end of the form, do not forget to tick boxes "I agree Terms and Conditions" and "I accept to pay for this order" otherwise your order will not be confirmed.

If you wish to modify/cancel your order, click on "Edit". You will not be able to modify nor cancel your order once it will have been validated by our services and you will have received the email confirming it.

1.2 Order Acceptance

ORIENTIS GOURMET pledges to accept orders placed via the Internet, within the limit of available stocks, on the terms of this instrument which you must declare you have read and accepted when you validate your order.

In accordance with Articles L.111-1 and L.221-5 and follwoing of the Consumer Code, you must have access, before concluding the contract, to the essential characteristics of the Products (nature, quantity, substantial qualities…), their price, forms of payment accepted, delay and delivery restrictions well as the condition and modalities of exercising the right of withdrawal and the case of the exercise of this right exclusion.

Before concluding the sale contract, an order form will be displayed on your screen resuming in detail your entire order, the price including tax (excluding cost of delivery) which you may modify or cancel. To allow validation of this order form, it is necessary firstly you to recognize that placing your order entail the obligation to pay in full and read the General Terms of Sale and Use by checking associated boxes, then clicking on the button "Order". Tick all the boxes mentioned above is essential for you to confirm your order.

The fact of filling-in the order form appearing on the Site, to pay it and confirming it by clicking on the button « Order » constitutes full, entire acceptance of these terms, the only terms which apply to the contract concluded.

For all purchases on our Site, a confirmation e-mail will be sent to you mentioning your order number and a breakdown of the Products ordered well as information allowing you to following the preparation and delivery of Products.

1.3 Limitations

In the event that the Products you have ordered are out of stock, ORIENTIS GOURMET pledges to inform you, as rapidly as possible, by e-mail at the e-mail address you have indicated. ORIENTIS GOURMET will communicate to you the delay for delivery of the Product and propose a substitute Product of equivalent value.

ORIENTIS GOURMET is not able to manage orders outstanding: if a product is out of stock without any precise replacement deadline, ORIENTIS GOURMET will propose to reimburse the Product ordered, via the payment means used for your order.

Orders will be accepted only after receipt of full payment and will be confirmed by ORIENTIS GOURMET by e-mail.

ORIENTIS GOURMET reserves the right to cancel all orders which are invalid, suspicious or which are placed in poor faith. Furthermore, we reserve the right to refuse all orders from a client with whom any prior or ongoing litigation exists.

2. Prices

The prices displayed are in Pound and all include tax (VAT and all other taxes at the rates which apply in force at the time of the order).

The prices are net prices including the price of the Products, the handling costs, packaging and storage costs. Prices are valid on the date of the validation of the order. They may be modified subsequently, without notice. They do not include the participation in the costs of carriage and delivery which may vary depending on the amount, the weight of the order and/or the country of shipment [Cf. link].

All orders delivered outside France may be subject to possible local taxation and customs duty, which are entirely incumbent upon the buyer.

Possible customs duty may be requested of you by the transporter at the time of delivery. This duty and these possible taxes linked to the delivery of a Product are incumbent upon you and are your responsibility.

In no event shall ORIENTIS GOURMET be required to bear additional expenses linked to the delivery of the order excluding costs of transport, described and invoiced at the time of the conclusion of your order on the Site.

The price indicated in the order confirmation is the final price including tax.

3. Payment Terms

The Products purchased on our Site are paid in full at the time of the order. The Products shall remain the property of ORIENTIS GOURMET until full payment of the orders.

Payments are made by bank card (Master Card, Visa, American Express) or by Pay Pal.

Your bank card will be debited at the time of the confirmation of your order (outside the US).

For this purpose, you guarantee that you are the holder of the card to be debited and that the name appearing thereon is indeed your name.

4. Secure Payments

The electronic payment protocol utilized is HIPAY. It guarantees total confidentiality of personal data transmitted on the internet. Therefore, the information pertaining to your bank card is not kept on the Site and your payment can be consulted only in encrypted form thanks to the SSL protocol (confirmed by the appearance of the « https » in the URL displayed by your navigator).

However, to facilitate the buying process when you next order, a system is available for storing your banking data. For this, you must check the box "Optional - storage of this bank card" on the page containing the Site's payment information. Your bank data are kept on the server of HIPAY Company in encrypted form only and are kept only for the period strictly necessary for managing the client relations which shall in no event exceed 2 years following the date of your last order.

The storage of your bank information is not mandatory for placing orders on the Site. Furthermore, you may delete your registered card information at any time by clicking on "My Account" - "My credit cards".

In accordance with the Data Protection Act of January 6, 1978, you have a right of access at all times for rectifying, opposing all your personal data by writing, with proof of your identity, to contact@hipay.com.

5. Delivery

ORIENTIS GOURMET delivers to several countries. For further details, please click here.

No deliveries shall be made to a country which is not on the list. No delivery shall be made to post office boxes.

ORIENTIS GOURMET pledges to do its utmost to deliver the products ordered within the stipulated deadline here. It is specified that the orders registered on the Site on Fridays afternoon, on Saturdays or on Sundays will not be handled until the following Monday. Moreover, orders registered on the Site on a public holiday will not be handled until the following business day.

Finally, in the event of special operations (ex: Private sale, Rosedeal, Oneday…) organized by ORIENTIS GOURMET or by a third party, the time delivery of the Products may be exceeding the usual time period.

The delivery prices are as follows:

Carriage is owed for all orders outside metropolitan France at the minimum costs indicated and depending on the weight of your order.

The order is delivered to the delivery address your have chosen. The information stated and registered at the time of the order is binding upon you. In the case of an error in the wording of the recipient's coordinates, ORIENTIS GOURMET shall not be held responsible if it is impossible to deliver the Product(s) as a result of this error. Moreover, in this event, ORIENTIS GOURMET cannot make a second delivery. The price of the order will then be reimbursed to you after receipt of the return package at ORIENTIS GOURMET's warehouse.

Products are shipped at the risk and peril of ORIENTIS GOURMET. Risks are transferred to the client at the time of delivery of Products to the address indicated by him.

ORIENTIS GOURMET guarantees that the products are in perfect condition when they are entrusted to the transporter. In the event that the Products were damaged, your reserves must be made in writing to the transporter at the time of delivery, or no later than 4 hours following this delivery. A copy of these reserves shall be sent to ORIENTIS GOURMET by e-mail at the following address: contacten@kusmitea.com, no later than 12 hours after these reserves have been made.

If the foregoing procedure has been respected, and if it is proven that the reserves are due to the fact that the package and the Products are damaged, ORIENTIS GOURMET will, at its discretion, issue a credit slip, reimburse the price paid to the client or make a new delivery of similar products.

No returns or exchanges of Products invalidated will be accepted.

6. Right of withdrawal

Pursuant to the provisions of Articles L.221-18 and following the consumer code, you are entitled to 14 clear days following delivery to exercise your right of withdrawal. When the 14-day period expires on a Saturday, Sunday or holiday, this period is extended until the following business day.

To exercise your right of withdrawal, please print, complete and sign the present form (here) and send it to us at the following address: Orientis Gourmet - Customer Service Kusmi Tea - Bâtiment Prologis DC5 - Cellule A, Parc du Hode 2 - 76430 St VIGOR D'YMONVILLE.

Upon receipt of your form, customer services will contact and provide you with the details necessary to return the Products to us, the delivery costs of which remain yours.

Packages will be returned to the following address:

ORIENTIS GOURMET - Customer Service

Kusmi Tea e-commerce returns

Bâtiment Prologis DC5 - Cellule A

Parc du Hode 2

76430 SAINT VIGOR D'YMONVILLE

Products cannot be returned to the stores.

Products will be reimbursed as quickly as possible following receipt of the Products by us and no later than 14 days following their reception. Reimbursement will be made in accordance with the means of payment used for the purchase.

To be eligible for reimbursement, the Product must be returned in perfect condition, in its original packaging, accompanied by all possible accessories, instructions for use and documentation. Moreover, Products unsealed and/or mixed inseparably with other products will not be reimbursed.

You alone can exercise this right of withdrawal. In the event of delivery to a person who is not the client, this right can therefore not be exercised by the recipient of the order.

7. Conformity - warranty for hidden defects:

 

7.1 Conformity

Products are subject to the legal warranty conditions stipulated in Articles L.217-4 to L.217-14 of the Consumer Code.

 

Therefore, in accordance with Article L.217-4 of the Consumer Code, ORIENTIS GOURMET shall deliver to you a Product which complies with your order and shall be liable for all lack of conformity existing at the time of the delivery. ORIENTIS GOURMET shall be liable for all lack of conformity resulting from packaging, installation instructions or installation, if the sales agreement provides that such installation shall be performed by ORIENTIS GOURMET or if such installation has been performed under the responsibility of ORIENTIS GOURMET.

 

In accordance with article L.217-5 of the Consumer Code, Product will be considered as conforming with the provisions of your order if one of the followings conditions is met:

1) The Product shall be suitable for the purpose usually expected for such a good and, if applicable: comply with the description given by ORIENTIS GOURMET, and possess all the qualities that ORIENTIS GOURMET exposed to the buyer by sample or model; present all the qualities that a buyer is legitimate to expect regarding public statements made by ORIENTIS GOURMET, the supplier or their representative, by advertising or labeling in particular.

2) The Product shall present the features defined by a mutual agreement between the parties, or be suitable for any specific purpose expected by the buyer, notified to ORIENTIS GOURMET and accepted by the later.

 

However, you alone are responsible for the choice of the Products, the preservation thereof from the time of delivery and the use thereof. In no event can ORIENTIS GOURMET guarantee that the order meets your specific expectations.

 

 

 

7.2 Warranty for hidden defects

Pursuant to the provisions of Article 1641 and the following of the Civil Code, ORIENTIS GOURMET is required to provide a warranty for hidden defects, namely « defects hidden in the product which make it unfit for the use for which it is intended, or which diminish such use to an extent such that the buyer would not have purchased it, or would not have paid as high a price for it, had he been aware thereof ».

In case of action in legal guarantee of conformity:

In the event of a delivery which does not comply with your order, you have up to 24 months after the delivery date to communicate your complaint to ORIENTIS GOURMET. Furthermore, you do not need to prove the existence of a lack of conformity during a 6 months period as from the date of delivery.

 

In case of lack of conformity, you are entitled to choose between repair and replacement of Product. However, ORIENTIS GOURMET is entitled not to fulfill the buyer's choice if this choice involves a manifestly disproportionate cost, in contemplation with the other method, Product's value or the importance of the defect. In this case, ORIENTIS GOURMET shall proceed with the alternative the buyer did not choose.

 

In case of action in warranty for hidden defects:

Pursuant to the provisions of Article 1644 of the Civil Code, you are entitled either to restitute Product and to be reimbursed for the full price, or to keep Product and to be reimbursed solely for a part of the price, as this part will be determined by experts.

 

In accordance with article 1648 of the Civil Code this action shall be brought by the buyer in a 2 years period as from the discovery of the defect.

 

 

8. Ownership reserve

In accordance with the law of May 12, 1980, the Products delivered to you are sold with an ownership reserve. The transfer of ownership is subject to the payment of the price of the products in full, on the date agreed upon by the parties.

The Products therefore remain the property of ORIENTIS GOURMET until full payment of the orders.

CONDITIONS OF USE

9. Responsibility:

ORIENTIS GOURMET pledges to devote all necessary care to the implementation of the service provided to you.

The Site provides you with information (photographs, explanations), as an illustration, at a given time, regarding all the flaws, errors, omissions, inaccuracies and other ambivalences liable to exist. These elements are in no event binding. Furthermore, this information must be taken in to consideration at the time it is placed on line and not at the time the Site is consulted.

ORIENTIS GOURMET shall not be held responsible for:

- interruptions, dysfunctions or the unavailability of the access to the Site;

- any misuse or poor configuration of your computer ;;

- any damage of any nature whatsoever resulting from a fraudulent intrusion by a third party which has entailed a modification of the data placed at your disposal on the Site.

- any failure due to a fortuitous event such as, without limitation, disasters, strikes, fires, floods, the failure or breakdown of equipment, means of transportation, communication or due to your own actions.

- any indirect damage such, in particular, as loss of profits, loss of income, loss of data, loss of clientele which may result, among other things, from the use of the Site, or on the contrary the impossibility of using the Site.

In all events, regardless of the grounds for which ORIENTIS GOURMET is called into question, its liability is limited to the lower of two sums: (i) the amount of the direct prejudice sustained by the client or (ii) the price of the order.

10. Protection of personal data and confidentiality:

The creation of a client account on our Site requires that you communicate personal information.

The processing of this information requires a statement to the CNIL.

ORIENTIS GOURMET pledges to respect the confidentiality of the information you volunteer or the information gathered automatically by ORIENTIS GOURMET.

The information left on the Site (name, address, e-mail…) will not be used for any purpose (rental or sale of file) other than that linked to the processing of the order and the management of the commercial relations between you and ORIENTIS GOURMET.

However, this information may be communicated to the parent company and to the subsidiaries.

In accordance with the « Data Protection Act » of January 6, 1978, amended in 2004, you enjoy a right to access and rectify the information concerning you, which you may exercise by writing to ORIENTIS GOURMET, 32-34 rue Marbeuf 75008 PARIS or by sending an e-mail to contacten@kusmitea.com. Please specify your name or the name of your company, your physical coordinates or e-mail address, as well as the case may be as the reference which has been assigned to you as client on the Site.

You may also oppose the processing of the data concerning you, on lawful grounds.

11. Intellectual Property:

ORIENTIS GOURMET is the exclusive owner of, or the beneficiary of an authorization to use, all the elements (text, logos, trademarks, images, sound elements, software, icons, layout, data base, domain names) appearing on the Site. Any total or partial reproduction or representation, on any media, of any element appearing on the Site is strictly prohibited, with the exception of copies for private, individual, personal, non-transmissible and non-commercial use, and subject to the respect of the intellectual property and all other property rights mentioned. Any sale or licensing of the elements constituting the Site is subject to the prior written approval of ORIENTIS GOURMET; all violators are liable to legal prosecution.

ORIENTIS GOURMET shall not be responsible in the event of the improper and/or unauthorized use of these elements.

12. Cookies/trackers

Trackers facilitate navigation on the Site and the rationalization of registration and audience-rating procedures. Trackers are text files placed on your computer's hard drive by a web page server. Your computer is undoubtedly configured to accept trackers. However, you may modify this parameter so that it will refuse them and ORIENTIS GOURMET suggests that you do so if the use of trackers worries you.

When you visit the Site to seek, read or download information, ORIENTIS GOURMET gathers and stores certain « visitor data » concerning you, such as the domain name and host computer from which you access the web, its internet protocol (IP) address, the date and time of the navigation on the Site and the URL from which you have accessed the Site. ORIENTIS GOURMET utilizes this information to analyze and measure the Site's attendance in order to help make it more useful. ORIENTIS GOURMET destroys this information after a certain period of time. If you do not want ORIENTIS GOURMET to collect this type of information, please do not navigate on the Site.

13. Web beacons

 

Some web pages on the Site may contain web beacons which enable the counting of the number of visitors to the Site and/or provide certain indicators to ORIENTIS GOURMET.

These beacons may be used with some of our partners, in particular in order to measure and improve the Site's efficiency.

In all events, the information obtained via these beacons is strictly anonymous and simply makes it possible to gather statistics on the attendance of certain pages of the Site, and this in order to better serve our Site's clients.

14. Links

You accept explicitly that you are using the Site at your own risk and under your sole responsibility.

The Site may include links to other websites or other internet sources. Inasmuch as the ORIENTIS GOURMET company cannot control these sites and these external sources, and shall not be held liable for the content, advertising, products, services or any other material available on or from these external sites or sources. Furthermore, ORIENTIS GOURMET shall not be held liable for proven or alleged damage or losses resulting from or related to the use or the fact of having relied on the contents, goods or services available on these external sites or sources.

15. Complaints

The Products proposed comply with the French laws in force. ORIENTIS GOURMET's liability shall not be incurred in the event of the failure to respect the laws of the country to which the Products are delivered. It is up to the client to verify with the local authorities the possibilities of importing or using the products it is planning to order.

Complaints or protests will always be received attentively and graciously, as the good faith of the party taking the time to explain his situation is always presumed.

In the event of a complaint, you may first contact ORIENTIS GOURMET in an attempt to reach an amicable solution, by writing to ORIENTIS GOURMET, 32-34 rue Marbeuf 75008 Paris or by sending your e-mails to contacten@kusmitea.com .

16. Disputes - governing law

Only the French version of these General Terms of Sale and Use shall be considered as the authentic version. In the event that they are translated into one or several other languages, only the French text shall prevail in the event of litigation.

The parties' rights and obligations are governed by French law and in particular by the rules of distance selling (articles L 221-1 to L 221-16 of the consumer code), the law on confidence in the digital economy of June 21, 2004 and the data protection act of January 6, 1978.

For all disputes and protests, regardless of their nature or cause, only the French courts will entertain jurisdiction.

17. « Games and Contests » organized by ORIENTIS GOURMET and its partners

ORIENTIS GOURMET may have occasion to organize games and contests on the Site. Participation generates an active participation on your part, in particular via an entry form to be filled-in or by entering a contestant's code.

Notwithstanding the rules governing the participation at issue, the products to be won are available exclusively within the limit of available stocks.

Furthermore, the products won cannot be sold or exchanged.

18. The Newsletter

You may sign up for the KUSMI TEA newsletter providing information on events involving KUSMI TEA and its partners, by checking the box « Sing up for Newsletter » on the « invoicing information" page or on the host page by typing in your e-mail address in the allocated space.

You may discontinue this service at any time, by clicking on the "unsubscribe" link located at the bottom of each newsletter, by entering your e-mail address.