OUR GENERAL TERMS AND CONDITIONS OF ONLINE SALES
APPLICABLE FROM 16/02/2026
ARTICLE 1 - SCOPE OF APPLICATION
These General Terms and Conditions of Sale are agreed between, on the one hand, Les Jardins de Gaïa, a company with capital of €1,500,000, whose registered office is in Wittisheim, registered in the Colmar Trade and Companies Register under number RCSTI 398 560 375, hereinafter referred to as "Les Jardins de Gaïa ," and on the other hand, by any natural or legal person wishing to make a purchase via the Website (hereinafter referred to as the "Site") of the company Les Jardins de Gaïa, hereinafter referred to as "the buyer."
These General Terms and Conditions of Sale apply to consumers, as defined in the introductory article of the Consumer Code.
They may also apply to legal entities not acting for professional purposes ("non-professionals"), subject only to the provisions of the Consumer Code that are expressly applicable to them.
It is specified that certain provisions herein, in particular those relating to the right of withdrawal and consumer mediation, are exclusively reserved for consumers.
ARTICLE 2 - PURPOSE
The purpose of these General Terms and Conditions of Sale is to define the contractual relationship between Les Jardins de Gaïa and the buyer, as well as the conditions applicable to any purchase made through the Les Jardins de Gaïa commercial website.
The purchase of a good or service through this Site implies the buyer's unreserved acceptance of these General Terms and Conditions of Sale.
These General Terms and Conditions of Sale shall prevail over any other general or specific terms and conditions not expressly approved by Les Jardins de Gaïa.
Les Jardins de Gaïa reserves the right to modify its terms and conditions of sale at any time. In this case, the applicable terms and conditions will be those in force on the date of the buyer's order.
Characteristics of the goods and services offered:
- The products and services offered are those listed on the Website;
- Each product is accompanied by a description provided by the supplier;
- The photographs on the Website are as accurate as possible but cannot guarantee a perfect similarity with the product offered, particularly with regard to colors;
- All items are subject to availability, as Les Jardins de Gaïa cannot guarantee the availability of all items offered on the Website at the same time.
In the event of a stock shortage, two situations may arise:
- Stock shortage indicated on the Website: When the product is marked as unavailable at the time of ordering, the buyer has the option of registering to receive an email alert as soon as the product is back in stock. This allows the buyer to plan a future purchase without the risk of missing out on the product's availability.
- Out of stock not indicated at the time of ordering: If an item ordered proves to be unavailable after the order has been confirmed, Les Jardins de Gaïa may offer the buyer an equivalent product at no extra cost in order to avoid any delay in delivery. The buyer will be informed in advance of this substitution proposal and the replacement product will only be delivered after the buyer's express agreement. If the substitution proposal is refused, Les Jardins de Gaïa will refund the unavailable product in accordance with the terms and conditions set out in these General Terms and Conditions of Sale.
ARTICLE 3 - PRICES
The prices listed on the Website are in euros and include or exclude VAT depending on the delivery address entered in the customer account at the time of ordering:
- Deliveries within the European Union: In accordance with the rules applicable to intra-Community distance sales and the tax regime in force, the applicable VAT is that of the country of delivery. For example, French VAT is applied for a delivery address in France, while German VAT will be applied for an address in Germany.
- Deliveries outside the European Union: Prices are quoted exclusive of tax.
These rules allow the corresponding VAT rates to be applied directly without the need for a refund procedure.
Les Jardins de Gaïa reserves the right to modify its prices at any time, it being understood, however, that the price appearing on the Website on the day of the order will be the only one applicable to the buyer.
ARTICLE 4 - DISCOUNTS
The following discounts are granted for the purchase of certain products (teas, herbal teas, and rooibos) in bulk (excluding special offers, herbal teas not included, and early harvest teas):
- For a 500-gram bulk bag of the same product packaged in a single bag: 5% discount
- For two 500-gram or larger bulk bags of the same product: 10% discount.
The prices indicated include order processing, handling, and product packaging costs.
ARTICLE 5 - ORDERING
(a) On each product page, the buyer can add products to their shopping cart by clicking on the "Add to cart" button.
(b) To place an order on the Website, the buyer must first open a Customer Account by providing their personal information, such as their first and last name, postal address, email address, telephone number, and password. The Customer remains solely responsible for the information they provide. At this stage, they must read and accept these terms and conditions and the privacy policy.
In the event of missing or incorrect data, the delivery service may be disrupted and the delivery time exceeded. In such a situation, Les Jardins de Gaïa cannot be held liable and will not be liable for any compensation.
(c) After logging into their Customer Account, the buyer can confirm their basket by clicking on "Order." At this stage, the order is not yet final. The Customer must then indicate the delivery address, the billing address, and select the delivery method from the options offered before clicking on "Confirm delivery information."
(d) The Customer is then asked to select a payment method and provide the necessary information. To finalize the order, they must read the General Terms and Conditions of Sale (GTC) and accept them by checking the corresponding box before clicking on "Continue."
(e) Once the order has been confirmed, Les Jardins de Gaïa will send the buyer an order confirmation email summarizing the details of the order, including the products purchased, the delivery address, and the estimated delivery times.
In the case of orders placed by telephone or mail, Les Jardins de Gaïa will send the buyer these General Terms and Conditions of Sale on a durable medium prior to order confirmation.
When payment is made by credit card via a secure payment link, the order is only confirmed once the buyer has accepted these Terms and Conditions of Sale.
When payment is made by check or bank transfer, the order is only considered final after the buyer has expressly accepted these General Terms and Conditions of Sale, in particular by means of a written agreement (by post or email).
All the data provided and the recorded confirmation will serve as proof of the transaction. The confirmation will serve as a signature and acceptance of the transactions carried out.
Les Jardins de Gaïa will send an order confirmation by email once the order has been registered.
The products remain the property of Les Jardins de Gaïa until full payment of the amount due.
(f) When you create an account and fill your shopping cart, if you have not completed your order, we may contact you by email to allow you to retrieve your shopping cart and complete your order if necessary.
The processing carried out for this purpose is based on the legitimate interest of Les Jardins de Gaïa in optimizing the commercial success of its business and offering you a smooth and user-friendly experience on the Website, particularly in the event of a technical interruption in the ordering process, within the framework of the pre-contractual relationship between you and us.
You may object to these solicitations at any time, in particular by using the unsubscribe link in the emails sent to you or by exercising your rights under the conditions specified in the personal data protection policy available on the Website.
ARTICLE 6 - DELIVERIES
Deliveries are made to the address provided by the buyer when placing the online order.
The information provided by the buyer when placing their order is binding.
It is the buyer's responsibility to check the condition of the goods upon receipt; any anomalies noted (damaged package, missing or damaged product) must be reported on the delivery note in order to enable recourse to be taken against the carrier.
To this end, any useful reservations must be made within the time limits provided for by the provisions applicable to transport, in particular Articles L133-3 of the Commercial Code and L224-65 of the Consumer Code.
These formalities do not affect the consumer's rights under the legal guarantees, which remain fully applicable.
ARTICLE 6.1 - DELIVERY WITH COLISSIMO
ARTICLE 6.1.1 - GENERAL INFORMATION
Orders are delivered by La Poste using Colissimo tracked delivery, with or without the buyer's signature.
If the buyer is absent when a registered parcel is delivered, they will receive a delivery notice and will have 14 calendar days to collect their parcel from their post office. For a parcel requiring a signature, a new delivery date will be scheduled for the following day and, in the event of a further absence, the parcel will be held at the post office for 14 days.
If the buyer chooses delivery to a post office or Pickup point, they will have 14 working days to collect their parcel, except during busy periods (such as December) when, in order to optimize flows, the deadline is reduced to 10 days. This deadline is reduced to 5 working days for delivery to a Pickup Station.
In the event of saturation of the post office or Pickup point initially selected by the buyer, particularly during busy periods, the parcel may be forwarded to the nearest post office or Pickup point with the necessary capacity to ensure its availability. The buyer will be informed of this by the carrier, in accordance with the usual tracking and notification procedures.
After this period, the package will be returned to Les Jardins de Gaïa and can only be sent back to the buyer upon payment of new shipping costs, even if the order amount is greater than or equal to €50. The same principle applies in the case of a standard Colissimo package that is too large to fit in the mailbox.
Packages returned to Les Jardins de Gaïa will be kept for a period of two months. After this period, and in the absence of any news from the buyer, a credit note will be issued to them at their request, for the amount paid.
ARTICLE 6.1.2 - SHIPPING COSTS
Metropolitan France (including Corsica), Monaco, and Andorra
Home delivery without signature
For all orders under €50, shipping costs are €10.
Home delivery with signature
For orders under €50, shipping costs are €10.
Delivery to a Pickup point, Pickup Station or Post Office
For orders under €50, shipping costs are €6.
For all orders of €50 or more, shipping is free for the buyer.
Europe (including Switzerland)
Following Brexit, shipments to the United Kingdom are temporarily suspended. We are doing everything we can to resume these deliveries as soon as possible. For more information, please contact our Customer Service. We sincerely apologize for any inconvenience this may cause.
For orders shipped to Belgium, Luxembourg, Switzerland, Germany, Spain (excluding specific territories - Balearic Islands, Canary Islands, Ceuta, and Melilla), and Italy, shipping is free for all purchases of €100 or more, including tax.
For other European countries, delivery will be charged at the actual cost of shipping according to the postal rates in effect on the day the order is placed. Shipping costs are calculated automatically, once the delivery address has been confirmed, based on the order amount.
Any customs duties payable are the responsibility of the buyer.
Rest of the world
For French overseas departments and territories (DROM-COM) and all other countries worldwide, delivery will be charged at the actual cost of shipping* according to the postal rates in effect on the day the order is placed. Shipping costs are calculated automatically upon confirmation of the delivery address, based on the weight of the order.
For all orders outside the European Union, any customs duties payable are the responsibility of the buyer.
*Includes the €5.00 (excluding tax) surcharge applied to parcels sent to the United States following a new goods processing and control process implemented by the US government. Includes the €6.00 (excluding tax) surcharge for China due to the sharp increase in air transport costs.
ARTICLE 6.2 - DELIVERY WITH DPD
ARTICLE 6.2.1 - PREDICT HOME DELIVERY BY DPD FRANCE
For all orders to be delivered in mainland France and Corsica, the buyer may opt for the Predict service from our partner DPD. This service allows for fast delivery to their home within 24/48 hours, within a time slot communicated by SMS and email, allowing them to be informed of the delivery.
The buyer will be informed by email of the date of shipment of their order, which is the date on which we hand it over to our logistics partner DPD. DPD will send the buyer a text message and an email indicating the scheduled delivery date, the delivery time slot, and their personal code to ensure secure delivery. The buyer can change their delivery choice the day before until midnight or in case of absence.
Delivery in mainland France
For all orders under €50, shipping costs are €10; for all orders of €50 or more, shipping is free (excluding Corsica, islands, remote areas, and mountainous regions).
Delivery to Corsica and the islands
For all orders to be delivered to Corsica and the islands, a supplement of €19.94 is added to the shipping costs.
For orders under €50, shipping costs are €29.94; for orders of €50 or more, shipping costs are €19.94.
Delivery to difficult and mountainous areas
For all orders to be delivered to difficult and mountainous areas, a €5.87 surcharge is added to the shipping costs.
For orders under €50, shipping costs are €15.87; for orders of €50 or more, shipping costs are €5.87.
ARTICLE 6.2.2 - DELIVERY TO A DPD PICKUP POINT
For all orders to be delivered in mainland France and Corsica, the buyer can choose 24/48-hour delivery to a DPD Pickup point from a network of more than 8,500 local stores available throughout France.
The buyer will be informed by email of the date of shipment of their order, which is the date on which we hand it over to our logistics partner DPD.
As soon as the package is delivered to the Pickup point chosen by the buyer, they will be automatically notified by email or text message of its availability by DPD. If they are unable to collect it on the same day, their package will remain available for up to 9 days. After this period, the package will be returned to Les Jardins de Gaïa and can only be sent back to the buyer upon payment of new shipping costs, even if the order amount is greater than or equal to €50.
Packages returned to Les Jardins de Gaïa are kept for a period of 2 months. After this period, and in the absence of any news from the buyer, a credit note will be issued to them at their request, for the amount paid.
Delivery in mainland France
For all orders under €50, shipping costs are €7; for all orders of €50 or more, shipping is free (excluding Corsica, islands, difficult areas, and mountainous areas).
Delivery to Corsica and the islands
For all orders to be delivered to Corsica and the islands, a supplement of €19.94 is added to the shipping costs.
For orders under €50, shipping costs are €26.94; for orders of €50 or more, shipping costs are €19.94.
Delivery to difficult and mountainous areas
For all orders to be delivered to difficult and mountainous areas, a €5.87 surcharge is added to the shipping costs.
For orders under €50, shipping costs are €12.87; for orders of €50 or more, shipping costs are €5.87.
ARTICLE 6.3 - CLICK & COLLECT
For all orders placed via the Website, and in addition to home delivery options, the Click and Collect service is available to buyers, allowing them to collect their purchases directly from the store in Wittisheim.
Order and collection terms and conditions:
- Online order: Orders are placed online with payment by credit card or PayPal. Payment is secure.
- Collection times and location: Orders can be collected from the store at the following address: 6 rue de l'Ecluse – 67820 WITTISHEIM, Tuesday to Friday from 10 a.m. to 6 p.m.
- Preparation time: An email will be sent to the buyer once the order is ready for collection. The preparation time is generally 48 hours, depending on product availability.
Collection conditions:
When collecting your order, you must present a copy of the order confirmation email.
Failure to collect the order:
If the order is not collected within 14 working days of receiving the email confirming availability, the order will be canceled and refunded.
Right of withdrawal:
The right of withdrawal applicable to any order placed via the Click and Collect service is governed by the provisions of Article 8 of these General Terms and Conditions of Sale.
ARTICLE 6.4 - DELIVERY TIMES
Products in stock are delivered to the buyer within a maximum of 7 business days in mainland France for all orders placed before 12 noon. The indicative delivery times outside mainland France are those of the "Colissimo" service and can be consulted on the following website: " https://www.laposte.fr/fiche-destination#help-calc-delai-int ".
In the event of a delay in delivery, except in cases of force majeure and except for reasons attributable to the buyer (missing or incorrect personal data), the buyer may give Les Jardins de Gaïa formal notice to make the delivery within a reasonable additional period, by registered letter with acknowledgment of receipt or by any other written means on a durable medium.
If delivery is not made within this additional period, the buyer is entitled to terminate the contract by registered letter with acknowledgment of receipt or by any other written means on a durable medium addressed to: Les Jardins de Gaïa - Mail Order Department, ZA - 6 rue de l'écluse, F-67820 Wittisheim.
The contract shall be deemed to have been terminated upon receipt by Les Jardins de Gaïa of the letter sent by the buyer, provided that the products have not been delivered by Les Jardins de Gaïa before receipt of the said letter.
In the event of termination of the contract under the conditions set out in this article, Les Jardins de Gaïa shall reimburse the buyer for all sums paid in respect of the order, at the latest within fourteen (14) days of the date on which the contract was terminated, in accordance with the provisions of Article L216-7 of the French Consumer Code.
ARTICLE 7 - TERMS OF PAYMENT
The price is payable upon ordering. No packages will be shipped before receipt of payment.
Orders can be paid for by credit card, check, or bank transfer.
By credit card
When paying by credit card, the buyer must provide the cardholder's name, credit card number, security code (the last three digits on the back of the card), and expiration date.
Payments made in this way are carried out via the secure Payplug system, which uses SSL (Secure Socket Layer) protocol so that the information transmitted is encrypted by software and no third party can access it during transmission over the network.
For all credit card payments made on the Website, the certificate issued by the remote payment manager shall serve as proof of the amount and date of the transaction, in accordance with the provisions of Articles 1365 et seq. of the Civil Code.
By PayPal
This is a secure payment method that allows you to pay by credit card without disclosing your card number to the merchant. It is not necessary to have a personal PayPal account to make the payment. PayPal's Terms and Conditions of Sale will then apply.
When paying via PayPal, please check the address indicated on the "Transaction Details" page, as it cannot be changed at a later date.
By check
If paying by check (a payment method accepted for orders placed in France by French residents, excluding click and collect, gift cards, and course reservations at the tea school), the check must be made payable to Les Jardins de Gaïa and sent to "Les Jardins de Gaïa, ZA - 6 rue de l'écluse, 67820 Wittisheim."
The order will be processed by our services upon receipt of payment. Items will be reserved for a period of 5 working days. Beyond this period, and without confirmation of payment from the buyer, the order will be canceled. Payment will be cashed within one month of receipt of the check.
By bank transfer
In the case of payment by bank transfer (a payment method accepted for orders placed in France by French citizens, excluding click and collect, gift cards, and tea school course reservations), the bank details (RIB) required for the transfer are displayed on the landing page once the order has been confirmed. The buyer is asked to make the transfer as soon as possible to ensure that their order is processed quickly.
The order will be processed by our services upon receipt of payment. Items will be reserved for a period of 5 business days. Beyond this period, and without confirmation of payment from the buyer, the order will be canceled.
Once payment has been confirmed, the package will be sent to the buyer.
Payment validation will be considered effective after validation by the bank payment center and acceptance of payment by Les Jardins de Gaïa.
While some validations will be made immediately, Les Jardins de Gaïa reserves the right to block any suspicious orders in order to verify their credibility. In this case, an email informing the buyer of this action will be sent and the order will remain blocked until the following supporting documents are received:
- a photocopy of both sides of the buyer's ID;
- proof of address.
If the supporting documents are not received within 48 hours, or if the supporting documents are deemed non-compliant, Les Jardins de Gaïa reserves the right to refuse payment validation.
Les Jardins de Gaïa reserves the right to suspend or cancel any order if it suspects fraudulent payment by the buyer (as reported by the bank).
ARTICLE 7.1 – GIFT CARDS
Gift cards offered for sale on the Website may be purchased by any buyer and used as a means of payment to order products available on the Website.
The use of gift cards is subject to specific Terms and Conditions of Use (TCU), which can be found at the following address: https://www.jardinsdegaia.com/fr/content/13-conditions-generales-d-utilisation-des-cartes-cadeaux-cgu. These GTCU specify, in particular, the period of validity, the terms of use, the conditions in the event of loss, theft or delivery error, as well as the rights of withdrawal.
The buyer is invited to read these Terms of Use before making any purchase.
In the event of any contradiction between these General Terms and Conditions of Sale and the Terms and Conditions of Use for gift cards, the latter shall prevail in all matters relating to the use of gift cards.
ARTICLE 7.2: TEA SCHOOL COURSES AND WORKSHOPS
The courses and workshops offered for sale on the Website as part of the Tea School are available online or in person, on fixed dates. They can be purchased by any buyer, subject to the conditions specified at the time of booking.
The purchase of and participation in these services are subject to specific Terms and Conditions of Sale (T&Cs), which can be found at the following address: https://www.jardinsdegaia.com/fr/content/12-conditions-generales-de-vente-ecole-de-the. These GTC specify, in particular, the booking terms and conditions, payment terms and conditions, the rights and obligations of the participant, cancellation cases, as well as the specificities related to the dematerialized nature of these services.
The buyer is invited to read these specific GTC before placing any order.
In the event of any contradiction between these General Terms and Conditions of Sale and the specific GTC of the Tea School, the latter shall prevail for all matters relating to courses and workshops.
ARTICLE 8 – LOYALTY PROGRAM
ARTICLE 8.1 General principle
(a) The loyalty program offered by Les Jardins de Gaïa is exclusively reserved for purchases made on the Website. It comes into effect on October 1, 2025, and only purchases made on or after that date are eligible for points.
(b) This program is separate from the one offered in stores operated directly by Les Jardins de Gaïa. The two programs cannot be combined; points earned in stores cannot be used on the Website, and vice versa. The loyalty program applicable to stores is governed by separate terms and conditions of use.
(c) Membership in the online loyalty program is automatic when a customer account is created on the Site.
ARTICLE 8.2 How the online program works
(a) For every euro spent on the Website, the buyer earns 1 loyalty point.
(b) Points appear immediately in the customer area, in the "pending validation" section. They only become valid and usable after a period of fourteen (14) days following the order, corresponding to the legal withdrawal period. During this period, points cannot be converted.
(c) Validated points can be exchanged for a $5 discount once 100 points have been earned, provided that the customer requests this via their customer account, in the "My rewards" tab, by clicking on the "Convert my rewards into a $5 discount voucher" button.
(d) Discounts generated in this way are not automatic and cannot be combined with other current promotions or discounts.
(e) Loyalty points are valid for 365 days from their date of validation.
(f) The loyalty program is strictly personal. Points cannot be transferred to a third party or exchanged for cash.
ARTICLE 8.3 Modification
Les Jardins de Gaïa reserves the right to modify, suspend, or cancel the loyalty program at any time, without notice, subject to respecting the rights acquired by the purchaser prior to such modifications.
ARTICLE 9 - RIGHT OF WITHDRAWAL
In accordance with the provisions of Article L221-18 of the French Consumer Code, consumers have a withdrawal period of 14 days from receipt of the goods by the consumer or a third party, other than the carrier, designated by them, to return the product to Les Jardins de Gaïa for exchange or refund without penalty.
As this is a clear period, if it normally expires on a Saturday, Sunday, or public holiday, it is extended to the next working day, as evidenced by the postmark.
Please note that Les Jardins de Gaïa will not reimburse additional costs if the buyer has expressly chosen a more expensive delivery method than the standard delivery method offered by Les Jardins de Gaïa.
It is specified that a product that has benefited from a promotional offer will be refunded at the price actually paid by the buyer or that should have been paid if it no longer meets the conditions to benefit from it.
It is reminded that the buyer bears the full cost of returning the goods if they exercise their right of withdrawal.
To this end, a standard withdrawal form is available to the consumer by clicking on the following link (Model withdrawal form, in accordance with Article L221-5 of the French Consumer Code).
The buyer will be refunded for their purchase after receipt of the product by Les Jardins de Gaïa, within a maximum of 14 days following the date on which this right was exercised, using the same means of payment as that used by the buyer for the initial transaction, unless the buyer specifies otherwise.
Returns must be made to "Les Jardins de Gaïa - Mail Order Service, 6 rue de l'écluse 67820 Wittisheim" in their original condition and complete (packaging intact, tea unused), and accompanied by a copy of the invoice.
Items returned incomplete, opened (original seal broken), damaged or damaged by the buyer will not be accepted.
Under no circumstances will the mail order service of Les Jardins de Gaïa accept items purchased from Les Jardins de Gaïa on another online sales site or from an authorized reseller.
ARTICLE 10 - WARRANTY
Products sold by Les Jardins de Gaïa are covered by the legal warranties provided for by the provisions in force, namely:
- The legal warranty of conformity, under the conditions provided for in Articles L217-3 et seq. of the French Consumer Code, for non-food items
The legal warranty against hidden defects, under the conditions provided for in Articles 1641 et seq. of the Civil Code, for all products
Any request relating to the exercise of legal guarantees may be sent to Les Jardins de Gaïa by any written means, in particular by post or email, to the contact details indicated on the Website, within the time limits provided for by the applicable legal texts. It is recommended that any anomaly be reported as soon as possible in order to facilitate the processing of the request.
ARTICLE 11 - LIABILITY
Les Jardins de Gaïa, in the online sales process, is only bound by an obligation of means; it cannot be held liable for any damage resulting from the use of the Internet network such as loss of data, intrusion, viruses, service interruption, or other unintentional problems.
Les Jardins de Gaïa cannot be held liable in the following cases:
- Failure to comply with the legislation of the country in which the products are delivered, which it is the buyer's responsibility to verify;
- Exceeding delivery times due to missing or incorrect information provided by the buyer when placing the order;
- Misuse, use for professional purposes, negligence or lack of maintenance on the part of the buyer, normal wear and tear of the Product, accident or force majeure (Article 15).
The warranty provided by Les Jardins de Gaïa is, in any event, limited to the replacement or refund of Products that are non-compliant or defective.
According to Article L216-2 of the Consumer Code, "Any risk of loss or damage to the goods is transferred to the consumer at the moment when the latter or a third party designated by him takes physical possession of these goods." Article L216-3 of the same Code further stipulates that "When the consumer entrusts the goods to a carrier other than the one proposed by the professional, the risk of loss or damage to the goods is transferred to the consumer when the goods are handed over to the carrier."
ARTICLE 12 - INTELLECTUAL PROPERTY
12.1 Exclusive ownership
Les Jardins de Gaïa remains the sole owner of the intellectual property rights to all elements present on its Website, including, but not limited to: visuals, photos, texts, comments, information, illustrations, trademarks, logos, trade names, graphics, audio and video clips, drawings, images, and any other content reproduced or used on the Website. These elements are protected by French and international intellectual property laws.
Any total or partial reproduction of the Website or its content is strictly prohibited without the prior written consent of Les Jardins de Gaïa.
12.2 Use of the Site and restrictions
Use of the Site is strictly limited to personal and non-commercial purposes, in accordance with these General Terms and Conditions of Sale.
Users are prohibited from:
- Reproduce, publish, make available to the public, distribute, modify, or adapt all or part of the content of the Website without the prior written consent of Les Jardins de Gaïa;
- Use robots, scripts, or any other automated means to access the Site and extract or copy its content;
- Attempt to harm the proper functioning of the Site or disrupt its integrity, in particular by performing actions not authorized by these Terms and Conditions.
12.3 Penalties for non-compliance
Any act that goes beyond strictly personal rights of use, and in particular any illegal reproduction, distribution, or modification of the Site's content, constitutes a violation of the rights of Les Jardins de Gaïa and may be subject to legal proceedings for infringement.
12.4 Hypertext links
The creation of simple or deep hypertext links to the Website is authorized, provided that they do not harm the interests of Les Jardins de Gaïa, do not create any confusion as to the origin of the products or services, are not disparaging or misleading in nature, and are not intended to divert customers.
Les Jardins de Gaïa reserves the right to request the removal of any link that does not comply with these conditions.
ARTICLE 13 - PERSONAL DATA
For more information on personal data, please consult the privacy policy of Les Jardins de Gaïa.
ARTICLE 14 - ARCHIVING - PROOF
Les Jardins de Gaïa will archive purchase orders and invoices on a reliable and durable medium constituting a faithful copy in accordance with the provisions of Article 1379 of the Civil Code.
The computerized records of Les Jardins de Gaïa shall be considered by the parties as proof of communications, orders, payments, and transactions between the parties.
ARTICLE 15: FORCE MAJEURE
The Parties shall not be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, within the meaning of Article 1218 of the Civil Code.
ARTICLE 16: LANGUAGE
These General Terms and Conditions of Sale are written in French. In the event that they are translated into one or more languages, only the French text shall be deemed authentic in the event of a dispute.
ARTICLE 17 - SETTLEMENT OF DISPUTES
In the event of a dispute between Les Jardins de Gaïa and the buyer, they shall endeavor to find an amicable solution.
If no amicable agreement can be reached, the buyer may refer the matter free of charge to the consumer mediator responsible for Les Jardins de Gaïa, namely AME CONSO, within one year of the written complaint being sent to the professional.
The consumer mediator must be contacted:
- Either by completing the form provided for this purpose on the AME CONSO website: www.mediationconso-ame.com
- Either by mail addressed to AME CONSO, 197 Boulevard Saint-Germain, 75007 Paris
If no amicable resolution or mediation is possible, the dispute will be brought before the competent courts under the conditions of common law.
In accordance with Article 3 of the Rome I Regulation of June 17, 2008, when Les Jardins de Gaïa directs its activities to the country where the consumer has their habitual residence, the interpretation and enforcement of these terms and conditions, as well as all acts that may result or follow from them, regardless of the place of delivery of the products, the place where the order is placed, the nationality of the buyer, and their address, shall be subject to French law, provided that the latter does not prejudice the consumer, in accordance with Article 6.2 of the said Regulation.
In the event of a dispute within the European Union and in accordance with Regulation (EU) No. 1215/2012 of December 12, 2012 (Brussels I bis), the consumer may choose to bring the matter before either the courts of the Member State in which they have their habitual residence or the courts of the State in which the professional is domiciled. In accordance with Article 19 of the said Regulation, the parties may, after the dispute has arisen, agree to derogate from the normally applicable jurisdiction by choosing a court other than the one that would have jurisdiction.
However, when the dispute concerns e-commerce outside the European Union, the conditions of common law apply, namely Article 42 of the Code of Civil Procedure, which designates the judge of the defendant's domicile.
ARTICLE 18: PRE-CONTRACTUAL INFORMATION
The buyer acknowledges having been informed by Les Jardins de Gaïa in a legible and comprehensible manner, by means of the provision of these General Terms and Conditions of Sale, prior to their immediate purchase or the placing of the order and in accordance with the provisions of Article L 221-5 of the Consumer Code:
1° on the essential characteristics of the goods, service, digital service, or digital content;
2° on the price of the goods, service, digital service or digital content, in accordance with Articles L. 112-1 to L. 112-4;
3° the date or period within which the professional undertakes to deliver the goods or provide the service, digital service or digital content;
4° information relating to the trader's identity, postal address, telephone number and email address, the terms of termination, the methods of dispute resolution, other contractual conditions and, where applicable, the costs of using the means of distance communication, the existence of codes of conduct and financial guarantees;
5° Where applicable, information relating to legal guarantees, functionalities, compatibility and interoperability of the digital content, digital service or goods containing digital elements, other contractual terms and conditions and, where applicable, the existence of any restrictions on the installation of software;
6° on the possibility of recourse to a consumer mediator under the conditions provided for in Title I of Book VI;
7° where the right of withdrawal exists, the conditions, time limit and procedures for exercising that right, as well as the standard withdrawal form, the presentation requirements and content of which are laid down by decree of the Council of State;
8° where applicable, the fact that the consumer bears the cost of returning the goods in the event of withdrawal and, for distance contracts, the cost of returning the goods when, due to their nature, they cannot normally be returned by post;
9° the consumer's obligation to pay costs when exercising their right to withdraw from a contract for the provision of services, water distribution, gas or electricity supply, and subscription to a district heating network, the performance of which they have expressly requested before the end of the withdrawal period; these costs are calculated in accordance with the terms set out in Article L. 221-25;
10° where the right of withdrawal cannot be exercised pursuant to Article L. 221-28, information that the consumer does not have this right or, where applicable, the circumstances in which they lose it;
11° on the application of a personalized price based on an automated decision-making process, if applicable.
See the tea school's general terms and conditions of sale (GTC).