Terms & Conditions

GENERAL TERMS AND CONDITIONS OF ONLINE SALE

The translation of our General Terms and Conditions of Sale into English is given as a rough guide and is intended to facilitate comprehension of the document. It has no legal value.

 

ARTICLE 1 – Scope

These General Terms and Conditions of Sale are agreed, on the one hand, by the company, Les Jardins de Gaïa, with capital of 50,000 euro, having its registered office at Wittisheim, enrolled in the trades and companies register of Colmar under number RCSTI 398 560 375, hereinafter “the company Les Jardins de Gaïa” and, on the other hand, by any and all actual person or legal entity wishing to make a purchase through the Internet Site of the company Les Jardins de Gaïa, hereinafter “the buyer”.

 

ARTICLE 2 - Purpose

These General Terms and Conditions of Sale are intended to define the contractual relationship between the company Les Jardins de Gaïa and the buyer and the terms and conditions applying to any and all purchases made by means of the retail website of the company Les Jardins de Gaïa, whether the buyer is a professional or a consumer. Consumer is taken to mean according to the definition under French law as being an actual person who concludes a contract that has no direct relationship with his or her professional activity.

The acquisition of an item or service through this website implies the unreserved acceptance by the buyer of these General Terms and Conditions of Sale.

These General Terms and Conditions of Sale shall prevail over any and all other general or special terms and conditions not expressly approved by the company Les Jardins de Gaïa.

The company Les Jardins de Gaïa reserves the entitlement to amend its General Terms and Conditions of Sale at any time. In such cases, the terms and conditions applying shall be the ones in force upon the date on which the order is placed by the buyer.

Characteristics of the items and services proposed: the products and services proposed are the ones that appear on the website of the company Les Jardins de Gaïa.

Each product comes with a description written by the supplier.

The photographs shown on the website are as faithful and representative as possible but cannot guarantee perfect similitude with the product proposed, particularly as regards colours.

As all articles are understood to mean as long as stocks last, the company Les Jardins de Gaïa cannot guarantee the availability of all articles proposed on the website at the same time. In the event that one of the articles ordered is out of stock, the company Les Jardins de Gaïa shall substitute the missing product with a product of equivalent or superior quality (at no extra cost to the buyer) to obviate any and all delays in delivery, unless the buyer states otherwise on order.

 

ARTICLE 3 - Prices

The prices published on the website are the prices in euro including VAT and take into account the VAT applicable on the day of order. Any and all changes in the rate may be reflected in the prices of products or services.

The company Les Jardins de Gaïa reserves the right to modify its prices at any time, on the understanding, however, that the price shown on the website on the day of order shall be the only price applicable to the buyer.

For a delivery made outside the European Union, the prices include the French VAT applicable on the order date. Thus, prices shown include VAT.

The customer can claim VAT refund provided he presents VAT payment receipt of the country of delivery (please send it to our attention by e-mail or by mail).

For VAT refund, the customer may choose between:

• a note of credit valid on his future orders on the company web site;

• a check, issued by a domiciled bank in France;

• a bank transfer (after deducting banking fees). Please provide bank details.

 

ARTICLE 4 - Discounts

The following discounts are granted for the purchase of the following quantities of teas in bulk (excluding special offers, infusions of plants, lapacho, maté and Bio-campagne):

• For 500 g of the same tea packaged in a single sachet: 5% discount;
• For 1 kg of the same tea packaged in a single sachet: 10% discount.

The prices stated include the cost of order processing and product handling and packaging.

 

ARTICLE 5 - Order

The buyer wishing to purchase a product is obliged:
• To fill in the identification form on which he or she shall state any and all details requested or provide his or her customer number should he or she have one. The nominative data requested of the buyer (full postal address, e-mail address and telephone number) constitute essential information. If data is missing or incorrect, fulfilment of the delivery service may be compromised and the deadline missed. In such a situation, the liability of company Les Jardins de Gaïa may in no event be called into question and no compensation or other indemnity shall be payable;
• To fill in the online order form, giving all of the references of the products chosen;
• To confirm his or her order after checking it;
• To make payment under the terms and conditions laid down;
• To confirm his or her order and payment. Confirmation of the order brings with it acceptance of these terms and conditions of sale and acknowledgement of perfect understanding thereof and thereby waives any and all recourse to his or her own terms and conditions of purchase or other terms and conditions.

(Should an order be placed by telephone, the buyer must confirm that he or she “acknowledges that he or she is fully conversant with the general terms and conditions of sale” by pressing a key on his or her telephone keyboard, which is essential to go to the next step in his or her order. Otherwise, the “self-evident” General Terms and Conditions of Sale known to the buyer, which do not present a significant imbalance to his or her detriment remain applicable.)

All of the data provided and the confirmation registered constitute proof of the transaction. The confirmation constitutes signature for and acceptance of the operations performed.

The company Les Jardins de Gaïa shall forward confirmation of the order registered by electronic mail.

Products remain the property of the company Les Jardins de Gaïa until receipt of payment in full of the sum outstanding.

The company Les Jardins de Gaïa reserves the right to cancel any and all orders from a buyer who has still not paid for an earlier order.

 

ARTICLE 6 – Costs and Delivery Delays

Deliveries are made to the address stated on the order form by the buyer.

Orders are delivered by La Poste (French postal services) in tracked parcels (Colissimo Suivi) for which the buyer must sign.

The information given by the buyer when placing his or her order is contractually binding.

It behoves the buyer to check the condition of the goods on receipt; any and all anomalies observed (parcel damaged, product missing or damaged) must be recorded on the delivery form and the Company Les Jardins de Gaïa notified thereof within 3 days of receipt. Any and all claims presented after such time shall be deemed inadmissible and the liability of the Company Les Jardins de Gaïa may no event be called into question.

Should the buyer be absent at the time of delivery of a recorded delivery parcel, he or she shall receive notification of such attempted delivery and shall have 15 days to go and pick up his or her parcel at his or her local post office.

If the buyer chooses delivery to the Post Office or Pickup point, they will have 10 working days to recover their parcel. This period is reduced to three working days in the case of a Pickup Station delivery.

After these deadlines, the parcel will be returned to the Company, Les Jardins de Gaïa, and it will only be sent again with a further payment of shipping costs, even if the amount of the order is greater than or equal to € 50,00. The same principle applies in the case of a parcel sent through the post which is too big to fit through the letterbox.

Packages returned to the company, Les Jardins de Gaïa, are kept for a period of two months. After this period, and if the buyer has not been in touch, a credit note will be issued for his attention at his request, up to the amount paid.

 

ARTICLE 7 - Costs

 

Metropolitan France and Monaco

For orders to be delivered in France (Home with signature) and an amount less than € 50,00 including tax, shipping fee is € 6,00.

For orders to be delivered in France (Point of withdrawal: Pickup relay, setpoint Pickup Station or Post Office) and an amount less than € 50,00 including tax, shipping fee is € 5,00.

For all orders in excess of or equal to a sum of € 50,00 including tax, the shipping costs are offered to the buyer.

 

Belgium, GermanyLuxembourg and the Netherlands 

For orders to be delivered in Belgium, GermanyLuxembourg and the Netherlands  (Home with signature) and an amount less than € 60 including tax, shipping fee is € 7.

For orders to be delivered in Belgium, GermanyLuxembourg and the Netherlands  (Point of withdrawal: relay, setpoint or Post Office) and an amount less than € 60 including tax, shipping fee is € 6.

For all orders in excess of or equal to a sum of € 60,00 including tax, the shipping costs are offered.

 

Europe

To order for delivery in the IrelandItalySpain (excluding Islands), Portugal (excluding Islands), Switzerland and Austria and an amount less than 100 €, the shipping fee is € 9,00. For all orders in excess of or equal to a sum of € 100,00 including tax, the shipping costs are offered to the buyer.

For delivery in Europe in the countries listed below, a fixed rate contribution of postage of € 10,00 is requested: Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, Greece, Croatia, Hungary, Iceland, Latvia, Lithuania, Malta, Norway, Poland, Romania, Slovakia, Slovenia, Sweden.

For any order to be delivered to the United Kingdom, a fixed rate contribution of postage of € 20 including tax is requested, including the Brexit supplement per package invoiced by Colissimo.

Any customs and excise duties payable shall be charged to the buyer.

 

Rest of the World

For the DROM-COM* (French overseas departments and communities), all other countries outside Europe and in the rest of the World**, delivery shall be invoiced at the actual cost of shipping according to the postal tariffs in force on the day the order is placed. The amount of postage is calculated automatically, after validation of the delivery address, depending on the weight of your order.

Any customs and excise duties payable shall be charged to the buyer.

* Includes the supplement of € 5.00 excluding VAT applied to all overseas parcels, following the increase in post-Covid air transport costs, since November 1, 2020.

** Includes the supplement of € 5.00 excluding tax applied to packages destined for the United States as a result of a new merchandise processing and control process implemented by the American government.

 

ARTICLE 8 - Deadlines

Those products available in stock are delivered to the buyer within a period of 7 business days in Mainland France for any and all orders placed before 12 noon. Regarding delivery times abroad, these correspond to the ones given by So Colissimo handling the service and can be consulted on the following internet site:
https://www.laposte.fr/particulier/outils/calculateur-de-delais#help-calc-delai-int”. If delivery is late, excluding instances of Act of God and events imputable to the buyer (nominative data missing or incorrect), the latter is entitled to terminate the contract by sending a letter by recorded delivery with acknowledgement of receipt to the following postal address: Les Jardins de Gaïa – Customer Service – F-67820 Wittisheim.

The contract shall be deemed terminated upon receipt by the company Les Jardins de Gaïa of the letter sent by the buyer, provided that the products have not been delivered by the company Les Jardins de Gaïa prior to receipt of said letter. The buyer must exercise his or her right within 60 business days as of the date of delivery given when the order is placed on the website.

Pursuant to Article L 121-21-4 of the French Commercial Code, the company Les Jardins de Gaïa agrees to reimburse the buyer for any sums paid at the earliest opportunity and at the latest within 14 days of the date on which the company is informed of the decision by the consumer to withdraw his or her order. Nevertheless, the company Les Jardins de Gaïa may postpone the reimbursement until the products have been recovered or until the buyer has provided proof of dispatch of such products. The date used shall be the first of aforesaid cases.

 

ARTICLE 9 - Payment Terms

The price is payable upon order. No parcels shall be shipped prior to receipt of payment.

It is possible to pay for the order by PayPal or by direct bank transfer.

 

By PayPal

This is a secure payment method that enables payment by credit/debit card without divulging its number to the retailer. One is not obliged to possess a personal PayPal account to make payment. The General Terms and Conditions of Sale of PayPal (and, more specifically, the Integral Evolution service) shall then apply.

When paying via PayPal, carefully check the address given on the “Details of the Transaction” page, as they can in no event by amended at a later stage.

 

By direct bank transfer

The buyer must contact the company Les Jardins de Gaïa to request full details of its bank account.

The order shall be processed by our relevant department upon receipt of the payment. The articles shall be reserved for a period of 5 business days. After such time, failing confirmation of payment on the part of the buyer, the order shall be cancelled.

Inside the parcel, the buyer shall receive a hard copy of the invoice showing the VAT.

 

Validation of the payment triggers the dispatch of the parcel to the buyer.

Validation of the payment shall be deemed effective after validation by the bank payment centre and acceptance of the payment on the part of the company Les Jardins de Gaïa.

Though certain validations are done directly, the company Les Jardins de Gaïa reserves the right to block any and all suspect orders in order to verify their credibility. In such cases, an e-mail informing the buyer of such action shall be sent and the order shall continue to be blocked until receipt of the following supporting documents:

• A recto-verso photocopy of a valid identity document;

• A proof of residence.

If such supporting documents are not received within 48 hours or the supporting documents are deemed non-compliant, the company Les Jardins de Gaïa reserves the right to decline validation of the payment.

The company Les Jardins de Gaia reserves the right to suspend or cancel any execution of an order, in the event that it suspects a fraudulent payment attempt on the part of the buyer (report of the banking establishment ).

 

ARTICLE 10 – Right of Return

Pursuant to the provisions of Article L 121-21 of the French Consumer Code, the consumer enjoys a retraction period of 14 days as of receipt of the product by the consumer or a third party, other than the carrier, appointed by the consumer, to have the product returned to the company Les Jardins de Gaïa for exchange or refund without penalties except the return costs.

As these are clear days, if they expire on a Saturday, a Sunday or a public holiday or other non-working day, they are extended until the first subsequent business day, date as confirmed by postmark.

Notification of retraction is made by sending a letter by recorded delivery with acknowledgement of receipt.

(On the other hand, the company Les Jardins de Gaïa is not required to give a refund, and shall not therefore give a refund, of the additional costs if the buyer has expressly chosen a most expensive delivery method than the standard delivery method offered by the company Les Jardins de Gaïa.)

It is stipulated that a product having had the benefit of a special promotional price shall be reimbursed at the price actually paid by the buyer or which would have been paid if it no longer satisfies the relevant conditions.

We would reiterate that the buyer bears the entire cost of return should he or she choose to exercise his or her right of retraction.

To that end, a standard retraction form is put at the disposal of the consumer by clicking on the following link (Model Withdrawal Form), pursuant to Article L121-17 of the French Consumer Code.

The buyer receives a refund on his purchase, after receipt of the product by the company Les Jardins de Gaïa, within 14 days at most subsequent to the date on which such right was exercised, by the means of payment corresponding to the one used by the buyer for the initial transaction, unless the buyer expresses an alternative wish.

Returns should be sent to Les Jardins de Gaïa – Mail Order - Customer Service, F-67820 Wittisheim in their original condition and complete (packaging intact, tea unused), accompanied by a copy of the invoice.

Articles returned incomplete, spoilt or damaged by the buyer shall not be taken back.

In no event shall the mail order department of the company Les Jardins de Gaïa be required to take back articles from the company Les Jardins de Gaïa purchased on another online retail website or from an authorised retailer.

 

ARTICLE 11 - Guarantee

Non-food products provided by the company Les Jardins de Gaïa benefit as of right and with no additional payment, in accordance with statutory provisions, from:

• a legal guarantee of conformity, for products apparently defective, worn or damaged or not corresponding to the order or the immediate purchase;

• a legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the products delivered and rendering them unfit for use.

In the event of non-conformity of a product sold, it may be returned to the company Les Jardins de Gaïa, which shall take it back, exchange it or provide a refund on it.

Any and all complaints or requests for exchange or refund must be made by post and addressed to Les Jardins de Gaïa – Mail Order - Customer Service, F-67820 Wittisheim within 30 days of delivery.

 

ARTICLE 12 - Liability

The company Les Jardins de Gaïa, in the process of online retailing, is bound only by a best efforts obligation; its liability may not be invoked for any damage resulting from use of the Internet network, such as loss of data, intrusion, virus, interruption in service or other involuntary problems.

The liability of the company Les Jardins de Gaïa may not be invoked in the following cases:

• Failure to abide by the legislation of the country to which the products are delivered, which it behoves the buyer to verify;
• Late delivery caused by missing or incorrect data on the identification form;
• Incorrect use, use for professional ends, negligence or lack of maintenance by the buyer, such as normal wear of the Product, accidents or Acts of God.

The guarantee provided by the company Les Jardins de Gaïa is in any event limited to the replacement of or refund on non-conforming Products or those suffering from a defect.

Pursuant to Article L. 138-4 of the French Consumer Code, the risk of loss or damage of goods is transferred to the consumer at such time that a third party appointed by the consumer other than the carrier proposed by the professional takes physical possession of the goods. Conversely, where the consumer entrusts delivery to a carrier other than the one proposed by the professional, the transfer of risk comes into force upon submission of the goods to the carrier.

 

ARTICLE 13 – Intellectual Property

All components of the website of the company Les Jardins de Gaïa are and remain the exclusive intellectual property of that company and are protected by French and international laws on intellectual property.

No-one is permitted to reproduce, exploit, broadcast or otherwise use components of the website, even partially, be they software, visuals or sound effects, under penalty of constituting an infringement of intellectual property rights.

Any and all straightforward or hypertext links are strictly forbidden without written permission from the company Les Jardins de Gaïa.

 

ARTICLE 14 – Data of a Personal Nature

For more information, consult the privacy policy of Les Jardins de Gaïa.

 

ARTICLE 15 – Archiving – Proofs

The company Les Jardins de Gaïa shall archive the order forms and invoices in a durable and trustworthy medium constituting a faithful copy pursuant to the provisions of Article 1348 of the French Civil Code.

The computer records of the company Les Jardins de Gaïa shall be deemed by the parties as proofs of communications, orders, payments and transactions occurring between the parties.

 

ARTICLE 16 – Settlement of Disputes

The company Les Jardins de Gaïa cannot be held liable for damages of any kind, whether material or immaterial or bodily, that may result from the incorrect use of products sold or their abnormal use.

Pursuant to Article 3 of the Rome I Regulation of 17 June 2008, where the company Les Jardins de Gaïa directs its activities to the State in which the consumer usually resides, the interpretation and execution hereof, as well as any and all acts that may be subsequent thereupon or the consequence thereof, irrespective of the place of delivery of products, the location in which the order is placed, the nationality of the buyer and his or her address, shall be subject to French law, provided that the latter is not prejudicial to the consumer, in compliance with Article 6.2 of aforesaid Regulation.

In the event of litigation, within the framework of the European Union and pursuant to Article 16 of the European Regulation of 22 December 2000, the consumer may choose to bring the case before the courts of the State in which he or she resides, or the courts of the State in which the professional is domiciled. Article 17-1 of aforesaid regulation further provides the possibility of inserting an attribution of jurisdiction clause to another judge after the inception of litigation. 
Conversely, where litigation concerns e-trading outside the European Union, the terms and conditions of common law apply, to wit Article 42 of the French Civil Procedure Code, which appoints the judge falling under the domicile of the defendant.

The buyer is informed that, in accordance with Article L534-7 of the French Consumer Code, he or she may in any event seek voluntary mediation, in particular from the French Consumer Mediation Commission or from existing sectorial mediation bodies or any and all alternative ways of settling differences (conciliation, for example) in the event of disputes.