Terms and conditions of sale
1. GENERAL PROVISIONS
1.1. These General Terms and Conditions of Sale (hereinafter referred to as the “GTCS”) govern all contracts concluded between TERRE DE CHINE (Société d’Echanges Euro-Asiatiques S.E.E.A), a limited liability company with a capital of 7,622.45 euros whose registered office is located at 47/49 Rue Quincampoix – 75004 Paris and whose unique identification number is 412 525 461 RCS Paris and on the other hand any natural person consumer (hereinafter “the Customer”) concerning the sale by tea products, products of objects and services and any other product related thereto (hereinafter “the Product(s)”).
1.2 By accessing the TERRE DE CHINE website at http://www.terredechine.com (hereinafter referred to as “the Site”), all Customers agree to abide by all the terms and conditions of sale, which consist of the present terms and conditions and all the conditions, information and terms mentioned on the Site concerning the use of the Site and the Product(s), in particular the Legal Notice and conditions of use.
The fact that a Customer places an order for a Product necessarily implies full and unreserved acceptance of these General Terms and Conditions (including the Legal Notice and conditions of use), which will govern the sales contract relating to that Product, to the exclusion of any other document. The use of the Site and the order of a Product will be subject to the most recent version of the GTC reproduced on the Site at the time of such use. Failure to comply with any of the conditions of the GTCS (including the Legal Notice and conditions of use) will entitle TERRRE DE CHINE to immediately terminate use of the Site and oblige any Customer to immediately destroy any item downloaded, created or printed from the Site (certificates, copies of the Product(s), etc.).
1.3. TERRE DE CHINE (Société d’Echanges Euro Asiatiques S.E.E.A), reserves the right to modify at any time the General Terms and Conditions of Sale on the basis of which a contract for the sale of the Product has been concluded with a Customer, subject to informing the latter at least 30 days in advance by e-mail and in the absence of opposition formulated by the Customer to TERRE DE CHINE by registered letter with acknowledgement of receipt sent within 8 days of the said information to the following address: 47/49 Rue Quincampoix – 75004 Paris.
The above terms do not prevent TERRE DE CHINE from unilaterally modifying, at any time and without prior notice, the GTC (including the Legal Notice and conditions of use) reproduced on the Site, and intended for consultation by any user or candidate-customer.
1.4. The GCS are written exclusively in French. The contract for the sale of a Product between the Customer and TERRE DE CHINE will be drawn up in French and validly concluded with the Customer, even if French is not the Customer’s original language.
2. HOW TO CONCLUDE A PRODUCT SALES CONTRACT ONLINE
2.1. Formation process of the sales contract for a Product ordered via the Site
When connecting to the Site, the Customer selects – under his/her sole responsibility – the Product he/she wishes to purchase from among the Products offered on the Site at the time of use. To order the desired Product, the Customer accesses the Product sheet by clicking on its photo or reference. The Customer then adds the Product to the basket. The Customer then validates the basket. The customer’s choices will then be automatically added to the basket. The customer can choose several products of the same reference by changing the quantities in the form. The customer can also cancel one of the previously selected Products by clicking on the “Withdraw” tab. The customer then enters his contact details in the form and validates his purchase. At the end of the form, the customer clicks on the “Pay online” tab. A summary of the order is displayed: the Customer then checks the details of the order and the price, including delivery costs, and is able to correct any errors before confirming the order (“double-click”), thereby definitively concluding the order, which constitutes full acceptance of these GTS by the Customer. The Customer then accesses the secure payment system as mentioned in 4.2 below. As soon as the order is confirmed (“double click”), the sales contract is validly and irrevocably concluded. Any subsequent cancellation of the contract by the Customer, except in the cases provided for in the GTCS (in particular the right of withdrawal), will not give rise to any reimbursement, even partial, without prejudice to TERRE DE CHINE’s right to obtain damages. An acknowledgement of receipt of the order is sent as soon as possible by TERRE DE CHINE to the e-mail address provided by the Customer when the order was placed.
2.2. Formation of a contract for the sale of a Product ordered by mail order
The Customer may pay for the Product by cheque. To this end, when placing an order on the site, the Customer must tick ” payment by cheque “. Or on plain paper, indicating precisely the reference of the Product he/she wishes to purchase, its description, quantity, price, and shipping costs, as well as his/her name, customer reference – if the Customer has one – and address, place of delivery and telephone number, all sent to the following address: TERRE DE CHINE 47/49 Rue Quincampoix 75004 Paris. The contract is deemed to have been formed when TERRE DE CHINE receives the Customer’s fully completed order. The order will not be executed until TERRE DE CHINE has received the sale price.
2.3. Cooling-off period
In accordance with article L. 121-20 of the French Consumer Code, the Customer has a right of withdrawal on all Products, with the exception of loose teas. To be valid, the right of withdrawal must be exercised by the Customer within fourteen (14) clear days from the date of receipt of the Product by the Customer, which, unless expressly stated otherwise, is presumed to be the date stated on the Product delivery note. The Customer will return, at his own expense, the Product to TERRE DE CHINE who undertakes, provided that the Product is unopened, in perfect condition, complete, in its original packaging and accompanied by the aforementioned delivery note and all possible accessories and documentation, to accept the return of the Product by the Customer under the terms of the present article and to reimburse him the price of the Product, by bank transfer (attach a R.I.B), duly returned as soon as possible and at the latest within 30 days from the date on which the right of withdrawal was exercised by the Customer.
2.4. Archiving of product sales contracts
When the Customer’s order exceeds 120 euros including VAT, the sales contract is archived by TERRE DE CHINE for a period of 10 years from the delivery of the Product to the Customer. TERRE DE CHINE guarantees access to the sales contract to the Customer at any time if the latter requests it from TERRE DE CHINE by post at the following address 47/49 Rue Quincampoix – 75004 Paris or by e-mail at the following address info@terredechine.com.
3. PRODUCT ORDER PROCESSING
All Product offers appearing on the Site are subject to availability. TERRE DE CHINE undertakes to process the Customer’s order as quickly as possible and to inform the Customer as soon as possible if the Product ordered is unavailable. TERRE DE CHINE reserves the right not to accept an order for any reason whatsoever, in particular due to a problem with the supply of Products, a problem with the order received or a foreseeable problem with the delivery to be made. An invoice marked “acquitté” will be sent with the Product(s) or by separate post if the delivery address is different from the billing address.
4. PRICES AND PAYMENT TERMS
4.1. Product pricing
Unless otherwise indicated on the Site, prices include VAT, as the Products are subject to French VAT. They are shown in euros. All orders are invoiced according to the conditions shown on the Site at the date the order is registered. The Products remain the property of TERRE DE CHINE until full payment has been received. For orders of 50 euros or more, including VAT, to a single address in mainland France, no delivery charges are billed to the customer when the order is placed. For all orders of less than 50 euros (including VAT) to a single address in mainland France, or for all orders of any amount to a single address in the French overseas departments and territories, the Customer will be billed for delivery costs, calculated according to the weight of the parcel and its destination, when the order is placed. Any customs duties or taxes to be paid will be the exclusive responsibility of the Customer.
4.2. Determining the method of payment for Products
With the exception of payment by cheque in the case of ordering Products by mail order as mentioned above in 2.2, payment for Products will be made by the Customer exclusively by bank card, such as Carte Bleue, Visa, Eurocard, Mastercard, via the CIC secure payment system which guarantees total confidentiality of personal information transmitted over the Internet, no purely banking data being transmitted to TERRE DE CHINE or to the Site by the banking establishment concerned. TERRE DE CHINE accepts no liability in the event of malfunction or error affecting payment. To be registered, the order must be paid in full. Unpaid orders will not be delivered. Any non-payment or payment incident (false bank details, lack of funds in the Customer’s account, etc.) will be invoiced at a flat rate of 15 euros for the Customer’s next order on the Site or by mail order.
5. TRANSPORT AND DELIVERY TERMS
5.1 Transport arrangements
All risk of loss or damage to the goods passes to the consumer at the time when the consumer or a third party designated by the consumer, other than the carrier proposed by the trader, takes physical possession of the goods.
5.2 Terms of delivery
The Customer will receive the Product ordered by parcel as soon as possible. If, for a reason beyond its control, TERRE DE CHINE should run out of a Product, TERRE DE CHINE undertakes to replace it with another Product equivalent in quality and price in order to avoid a delay in delivery (unless the Customer expressly indicates otherwise when placing the order. TERRE DE CHINE has selected La Poste (colissimo expert) to provide the best possible service to its customers. Products are sent to the delivery address indicated when the order was placed. The delivery address indicated by the Customer must not be a post office box. Should this be the case, TERRE DE CHINE reserves the right not to consider the said order. In the event of the absence of the recipient or of a person able to take possession of the Products at the time of delivery, the carrier will leave a calling card at the delivery address indicated by the Customer inviting him to collect the Products. Under no circumstances will TERRE DE CHINE be held responsible for any deterioration or loss of the Products due to their late collection from the carrier.
6. WARRANTY AND LIABILITY
6.1 Warranty
The Rolin-Guilbault company, which designed the site, guarantees the technology.
6.2 Limitation and exclusion of liability
The Customer is solely responsible for the choice of Products, their conservation after delivery and their use. Under no circumstances can TERRE DE CHINE be held responsible for any damage resulting from this. The Products offered on the Site by TERRE DE CHINE comply with current French legislation. TERRE DE CHINE shall not be held liable in the event of failure to comply with the legislation of another country where the Products are to be used by the Customer. It is the customer’s responsibility to check with the local authorities regarding the possibility of importing or using the Products he/she intends to order.
The photographs illustrating the Products presented on the Site are not contractual.
As the Site may provide or third parties may include links to other web sites over which TERRE DE CHINE has no control, the Customer acknowledges that TERRE DE CHINE cannot be held responsible for the availability of these external sites and sources and cannot be held responsible for the content, advertising, products or services available on or from these sites. References to other companies are presented “as is” without warranty of any kind, either express or implied. In no event will TERRE DE CHINE be liable to the Customer or any third party for any direct, indirect, consequential, incidental or special damages, including, without limitation, those resulting from loss of use, data or profits, even if TERRE DE CHINE has been advised of the possibility of such damages, resulting directly or indirectly from the use of any other site or external source mentioned on or linked to the Site.
These exclusions or limitations are agreed with the customer subject to the possible application of mandatory provisions in force to the contrary. Subject to the same reservation, TERRE DE CHINE’s liability is automatically time-barred according to the rules of common law.
7. INTELLECTUAL PROPERTY RIGHTS RELATING TO THE SITE
7.1. TERRE DE CHINE is the owner of the Site. The Products mentioned on the Site are protected by intellectual property laws for the entire duration of copyright, worldwide. Trademarks, copyright, database rights and other intellectual property rights relating to the elements reproduced on the Site (as well as its organization and presentation) and the underlying computer codes are the exclusive property of TERRE DE CHINE.
7.2. Any unauthorized use or reproduction, in whole or in part, of the Products mentioned on the Site therefore constitutes an infringement. Unless otherwise stipulated in these GTC, TERRE DE CHINE does not grant any express or tacit right to any of the intellectual and industrial property rights protecting the Site or the Products mentioned on the Site (such as trademarks, drawings and models, patents, trade names, design, photos, texts, etc.) which are and remain the exclusive property of TERRE DE CHINE or rights which the latter enjoys exclusively by license. The Customer expressly agrees not to copy, modify, alter, publish, distribute, sell or transfer all or part of the elements of the Site, without the express prior written consent of TERRE DE CHINE. However, the content of the Site may be downloaded, printed or copied for personal, non-commercial use in accordance with article 4 of the Site’s Legal Notice.
7.3. No Customer may therefore, without infringing the property rights of TERRE DE CHINE, reproduce in any form whatsoever and by any means whatsoever any of the graphic or technical elements of the Site, or access the Products mentioned on the Site by any means other than through the interface provided for this purpose by TERRE DE CHINE. Screen copies are exceptionally authorized if they are made by the Customer or by any third party for information purposes in order to gain a better knowledge of the Products or to report on them on any information medium. However, the presentation of a page of the Site in a window not belonging to TERRE DE CHINE (by the technique known as “framing”) and the insertion of an image belonging to TERRE DE CHINE in a page not belonging to TERRE DE CHINE (by the technique known as “in line linking”) are prohibited.
8. PERSONAL DATA AND CONFIDENTIALITY
8.1. Preservation of personal data
TERRE DE CHINE has declared the personal data file used to operate the Site to the Commission Nationale Informatiques et Libertés (CNIL) in accordance with the French Data Protection Act no. 78-17 of January 6, 1978, amended by Act no. 2004-801 of August 6, 2004. The declaration numbers are 1014592 for the Website and 876848 for the wholesale and retail customer files and newsletter. Any customer who has provided personal information on the Site therefore has the right to oppose (article 38 of the aforementioned law), access (articles 39, 41 and 42 of the aforementioned law) and rectify (article 40 of the aforementioned law) this data. He or she may request that information concerning him or her be rectified, completed, updated or deleted. Customers may exercise these rights by contacting TERRE DE CHINE by post at the following address 49 ru Quincampoix 75004 Paris. TERRE DE CHINE undertakes to do its utmost to protect personal data in order to prevent it from being distorted, damaged or communicated to unauthorized third parties in accordance with article 26 of the aforementioned law. TERRE DE CHINE undertakes to transmit the personal information of its Customers only to its banks for the purpose of paying for the order.
8.2. “Cookies
Cookies” sent from the Site record information relating to browsing on the Site from the computer on which the cookie is stored (pages consulted, date and time of consultation, etc.) and make it possible to identify successive visits by visitors. With this in mind, TERRE DE CHINE is committed to guaranteeing the right of Internet users to oppose cookies. As mentioned in article 2 of the Legal Notice, persons connected to the Site may oppose the recording of “cookies” by modifying the options of the navigation software on their computer. However, TERRE DE CHINE draws the attention of Internet users to the fact that, in such a case, access to the Products mentioned on the Site may be altered or even impossible.
8.3. Privacy
TERRE DE CHINE and its staff undertake to keep all information communicated by the Customer on the Site for its exclusive use in the context of the activity of the Site and the sale of Products. When placing an order, customers are asked to give their express consent to the use of their personal data and its distribution to third parties, in accordance with the provisions of the aforementioned law no. 78-17 of January 6, 1978, for commercial or non-commercial purposes. The customer may at any time ask TERRE DE CHINE not to communicate his personal information to third parties by post to the following address: 49, rue Quincampoix 75004 Paris or by e-mail to the following address: info@terredechine.com, indicating his full name, address and, if possible, his customer reference number.
9. SITE IDENTIFICATION AND COMPLAINTS
9.1. The Site is operated by TERRE DE CHINE, whose essential administrative information is reproduced under the Legal Information tab.
9.2 Any questions or complaints of a legal, commercial or technical nature relating to the Site or the Products mentioned on the Site may be addressed to TERRE DE CHINE by post to the following address 49, rue Quincampoix 75004 Paris Paris or by e-mail (to the following e-mail address info@terredechine.com in French, to the exclusion of any other language. In the event of a claim for any reason whatsoever, transport and other costs (notably customs duties and charges) for the return of Products to TERRE DE CHINE are the sole responsibility of the Customer.
The Customer may only express reservations upon delivery of the Products in the event of delivery that does not quantitatively conform to the order placed or in the event of significant damage to the package containing the Products. Customer complaints upon delivery of the Products are only valid if the following procedure is followed. Reservations must be made in writing to the carrier at the time of delivery, mentioning the date of purchase, the product reference and, if applicable, the customer reference. A copy of these reservations must be sent to TERRE DE CHINE (by e-mail to info@terredechine.com or by fax to +33 142712661) no later than 48 hours after delivery. TERRE DE CHINE will not accept returns of Products and will not exchange them. If the above procedure has been followed and after verification by TERRE DE CHINE of the events which may have led to the significant damage to the package containing the Products or the quantitative non-conformity of the delivery with the order, TERRE DE CHINE will, at its discretion, issue a credit note to the Customer, or reimburse the Customer for the price paid including VAT, or make a new delivery of similar Products to the Customer.
10. APPLICABLE LAW AND JURISDICTION CLAUSE
10.1. Law applicable to the contract for the sale of Products
Any contract concluded between TERRE DE CHINE and a Customer is governed exclusively by French law. In the event that any provision of the GCS is declared null and void by any court (or as a result of a change in legislation), the other provisions shall not be affected and this contract for the sale of Products shall continue in full force and effect.
10.2. Jurisdiction clause
Any dispute relating to the formation, performance or non-performance of the sales contract which is not settled amicably between TERRE DE CHINE and the Customer will be brought exclusively before the competent courts of Paris. This clause applies even in the event of a warranty claim, multiple defendants or summary proceedings.
All rights reservedParis Version of November 21, 2017Société d’Echanges Euro-Asiatiques (S.E.E.A.) TERRE DE CHINE.
