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 customer (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. After such time, the parcel shall be returned to the company Les Jardins de Gaïa and it shall be sent back to the buyer only upon a second payment of the carriage costs, even if the total sum of the order is higher than or equal to 50 euro. The same principle shall apply in the case of delivery of a standard parcel (Colissimo Simple) which is too voluminous to fit in the letterbox.
ARTICLE 7 - Costs
Metroplitan France and Monaco
For orders to be delivered in France (Home with signature) and an amount less than € 50 including tax, shipping fee is € 6.
For orders to be delivered in France (Point of withdrawal: Pickup relay, setpoint Pickup Station or Post Office) and an amount less than € 50 including tax, shipping fee is € 5.
For all orders in excess of or equal to a sum of € 50,00 including tax, the shipping costs are offered.
For orders to be delivered in Belgium (Home with signature) and an amount less than € 60 including tax, shipping fee is € 7.
For orders to be delivered in Belgium (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.
For orders to be delivered in Germany, Luxembourg and the Netherlands and an amount less than € 80 including taxes, shipping costs amount to € 8.
For all orders in excess of or equal to a sum of € 80,00 including tax, the shipping costs are offered.
To order for delivery in the UK, Ireland, Italy, Spain, Portugal, Switzerland and Austria and an amount less than 100 €, the shipping fee is € 9.
For all orders in excess of or equal to a sum of € 100,00 including tax, the shipping costs are offered.
For delivery in Europe in the countries listed below, a fixed rate contraibution of postage of € 10 is requested: Denmark, Hungary, Poland, Czech Republic, Slovakia, Slovenia, Estonia, Latvia, Lithuania, Greece, Iceland, Finland, Norway, Sweden , Faroe Islands.
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.
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:
“http://www.colissimo.fr/particuliers/envoyer_un_colis/decouvrir_loffre_colissimo/Colissimo_International/Colissimo_International.jsp”. 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 – Service Vente par Correspondance, BP 60226 Wittisheim, F-67604 Sélestat Cedex.
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 Customer 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.
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.
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 Customer 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 customer for the initial transaction, unless the buyer expresses an alternative wish.
Returns should be sent to Les Jardins de Gaïa - Service Vente par Correspondance, BP60226 Wittisheim, F-67604 Sélestat Cedex 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
The non-food products supplied by the company Les Jardins de Gaïa are covered by the legal guarantee provided for in Articles 1641 et seq. of the French Civil Code.
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, BP60226 Wittisheim, F67604 Sélestat Cedex 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 Customer 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 Customer, 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
Pursuant to Law No. 78-17 of 6 January 1978, it is hereby reiterated that the nominative data requested of the Customer are needed to process his or her order and to draw up invoices, in particular.
Such data may be forwarded to any of the Retailer's business partners responsible for order fulfilment, processing, management or payment and delivery. As delivery is fulfilled by So Colissimo, nominative data are forwarded to the carrier in order to enable tracking of the order and it is agreed, where applicable, to the parcel being deposited with an intermediary should the customer be absent from his or her home at the time of delivery. In the event of hacking of data of a personal nature, the liability of the company Les Jardins de Gaïa may not be invoked.
Pursuant to aforesaid data protection law, information on buyers of a nominative nature may be subject to automated processing and may be used by the company Les Jardins de Gaïa for informative and promotional ends regarding its own products.
Buyers may refuse to allow the disclosure of their details by informing the company Les Jardins de Gaïa of such refusal. It should be noted that users are entitled to access and rectify data concerning them, pursuant to the law of 6 January 1978.
The automated processing of information, including the management of the e-mail addresses of users of the website, has been the subject of a declaration to the CNIL (French data protection authority).
The fields that are given on the forms marked with an asterisk must be filled in, as must the information on orders. Such information is necessary for the Retailer to be able to process orders from the Customer and supply the various products and services proposed.
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 Customer 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.