General Terms and Conditions (GTC)

Mis à jour le 06.11.2024

OUR GENERAL CONDITIONS OF ONLINE SALE

ARTICLE 1 - SCOPE OF APPLICATION

These General Terms and Conditions of Sale are entered into by Les Jardins de Gaïa, a company with capital of 1,500,000 euros 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 by any individual or legal entity wishing to make a purchase via the Internet site (hereinafter referred to as the "Site") of Les Jardins de Gaïa, hereinafter referred to as "the purchaser".

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 purchaser, and the terms and conditions applicable to all purchases made through the Les Jardins de Gaïa website, whether the purchaser is a professional or a consumer. A consumer is defined under French law as an individual who enters into a contract not directly related to his or her professional activity.

The acquisition 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 special terms and conditions not expressly approved by Les Jardins de Gaïa.

Les Jardins de Gaïa reserves the right to modify its conditions of sale at any time. In this case, the applicable conditions will be those in force at the date of the buyer's order.

Characteristics of the goods and services offered:

The products and services offered are those shown on the Site.

Each product is accompanied by a description drawn up by the supplier.

The photographs on the Site are as accurate as possible, but cannot ensure perfect similarity with the product offered, particularly with regard to colors.

All items are subject to availability, and Les Jardins de Gaïa cannot guarantee the availability of all items offered on the Site at the same time. In the event of one of the items ordered being out of stock, Les Jardins de Gaïa will substitute the missing item with an equivalent item (at no extra charge) to avoid any delay in delivery, unless otherwise indicated by the purchaser when the order is placed.

ARTICLE 3 - PRICES

The prices shown on the Site are inclusive of VAT in euros, applicable on the day the order is placed. Any change in the rate may be reflected in the price of products or services.

Les Jardins de Gaïa reserves the right to modify its prices at any time, it being understood, however, that the price shown on the Site on the day of the order will be the only price applicable to the purchaser.

For deliveries outside the European Union, prices include the VAT applicable in France on the day of the order. They are therefore indicated inclusive of VAT.

The purchaser may obtain a refund of the VAT on presentation of proof of payment of the VAT applicable in the country of delivery, to be sent to our services by email or post.

Reimbursement will be made, at the purchaser's discretion:

In the form of a credit note (usable on the Les Jardins de Gaïa website);
By issuing a French bank cheque;
By bank transfer (RIB to be sent to us), bank charges deducted.

ARTICLE 4 - DISCOUNTS

The following discounts are granted for the purchase of the following quantities of loose teas (excluding special offers, herbal teas, lapacho, maté, bio-campagne and primeur teas):

For 500 g of the same tea packaged in a single bag: 5% discount,
For 1 kg or more of the same tea (2 bags of 500 g or more): 10% discount.

Prices shown include order processing, handling and packaging costs.

ARTICLE 5 - ORDERING

Any buyer wishing to purchase a product must :

Fill in the identification form on which he/she will indicate all the contact details requested, or give his/her customer number if he/she has one;

The personal data requested from the buyer (full postal address, e-mail address and telephone number) is essential information.

In the event of missing or erroneous data, the delivery service may be disrupted and the delivery time exceeded. In such a situation, Les Jardins de Gaïa cannot be held responsible and will not be liable for any compensation.

Fill in the online order form giving all the references of the products chosen;
Confirm your order after checking it;
Make payment in accordance with the terms and conditions;
Confirm the order and payment.

Confirmation of the order implies acceptance of these terms and conditions of sale, acknowledgement of full knowledge thereof, and waiver of the right to invoke one's own terms and conditions of purchase or any other terms and conditions.

(In the case of telephone orders, the "obvious" General Terms and Conditions of Sale, which are known to the purchaser and which do not present a significant imbalance to his disadvantage, remain applicable).

All data supplied and the recorded confirmation shall constitute proof of the transaction. Confirmation shall constitute 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.

Products remain the property of Les Jardins de Gaïa until full payment has been received. Les Jardins de Gaïa reserves the right to cancel any order from a purchaser who has not paid for a previous order.

ARTICLE 6 - DELIVERIES

Deliveries are made to the address indicated on the order form by the purchaser.

The information given by the purchaser when placing the order is binding.

It is the purchaser's responsibility to check the condition of the goods upon receipt; any anomaly noted (damaged package, missing or damaged product) must be reported on the delivery slip and notified to Les Jardins de Gaïa within 3 days of receipt. Any claim made after this deadline will be considered inadmissible and the company Les Jardins de Gaïa cannot be held liable.

ARTICLE 6.1 - COLISSIMO DELIVERY

ARTICLE 6.1.1 - GENERAL INFORMATION

Orders are delivered by La Poste by Colissimo with or without the purchaser's signature.

If the purchaser is absent when a registered parcel is delivered, he/she will receive a delivery notice and will have 14 calendar days to collect the parcel from his/her post office. For a parcel against signature, a rescheduling of delivery is indicated and scheduled for the following day, and in the event of a new absence, the parcel will be held pending for 14 days at the post office.

If the buyer chooses delivery at a post office or Pickup relay, he/she will have 14 working days to collect his/her parcel, except during peak parcel periods (such as December), when the time is reduced to 10 days to optimize the flow of parcels. This period is reduced to 5 working days for Pickup Station deliveries.

After this period, the parcel will be returned to Les Jardins de Gaïa and can only be sent back to the purchaser on payment of a new delivery charge, even if the amount of the order is greater than or equal to €50. The same principle applies in the case of a simple Colissimo that is too large to fit in the letterbox.

Packages returned to Les Jardins de Gaïa will be kept for a period of 2 months. After this period, and in the absence of any news from the purchaser, a credit note will be issued at the purchaser's 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 €7.50.

Home delivery with signature

For orders under €50, shipping costs are €8.50.

Delivery to a Pickup relay point, Pickup Station locker or Post Office

For orders under €50, shipping costs are €7.50.

For orders of €50 or more, shipping is free.

Europe (including Switzerland)

Following the Brexit, shipments to the UK are temporarily suspended. We are doing our utmost to resume these deliveries as soon as possible. For further information, please contact our Customer Service department. We sincerely apologize for any inconvenience caused.

For European countries, delivery will be invoiced at the actual cost of shipment according to the postal rates in force on the day the order is placed. The cost of delivery is calculated automatically, upon validation of the delivery address, according to the amount of the order.

Any customs duties are the responsibility of the buyer.

Rest of the world

For DROM-COM and any other country in the world, delivery will be invoiced at the actual cost of shipment* according to the postal rates in force on the day the order is placed. The cost of delivery is calculated automatically, upon validation of the delivery address, according to the weight of the order.

For orders outside the European Union, any customs duties to be paid are the responsibility of the purchaser.

* Includes a surcharge of €1.50 (excl. VAT) applied to all Overseas parcels, following the increase in post-Covid air freight costs (excluding Eco OM) as of January 1, 2024. Includes a surcharge of €5.00 excl. tax applied to parcels bound for the United States, following a new process for the treatment and control of goods implemented by the US government.

Includes a surcharge of €6.00 (excl. VAT) for China due to the sharp increase in air freight costs.

ARTICLE 6.2 - DELIVERY WITH DPD

ARTICLE 6.2.1 - HOME DELIVERY PREDICT BY DPD FRANCE

For orders to be delivered in mainland France and Corsica, the purchaser may opt for the Predict service provided by our partner DPD. This service enables rapid delivery within 24/48 hours to the purchaser's home, within a time slot communicated by SMS and email, thus enabling the purchaser to be informed of the delivery.

The buyer will be informed by email of the date of dispatch of his order, at which time we will hand it over to our logistics partner DPD. The latter will send an SMS and an email indicating the day of the planned delivery, the delivery time slot and his personal code ensuring secure delivery. The buyer can change his or her delivery choice up to midnight the previous day, or in the event of absence.

Delivery in metropolitan France

For orders of less than €50, shipping costs are €8.50; for orders of €50 or more, shipping is free (excluding Corsica, islands, difficult and mountainous areas).

Delivery to Corsica and islands

For all orders to be delivered to Corsica and the islands, a supplement of €18.96 is added to the delivery charge.

For orders under €50, shipping costs are €27.46; for orders of €50 or more, shipping costs are €18.96.

Delivery to difficult and mountainous areas

For orders to be delivered to difficult and mountainous areas, a supplement of €5.58 is added to the delivery charge.

For orders under €50, shipping costs are €14.08; for orders of €50 or more, shipping costs are €5.58.

ARTICLE 6.2.2 - DPD PICKUP RELAY DELIVERY

For all orders to be delivered in mainland France and Corsica, the purchaser may choose 24/48h delivery in a DPD Pickup relay from a network of more than 8,500 local shops available throughout France.

The buyer will be informed by email of the shipping date of the order, at which time it will be handed over to our logistics partner DPD.

As soon as the parcel is delivered to the Pickup point chosen by the buyer, he/she is automatically notified by email or SMS of its availability by DPD. If the buyer is unable to collect the parcel on the same day, it will remain available for up to 9 days. After this period, the parcel will be returned to the company Les Jardins de Gaïa and can only be sent back to the purchaser against a new payment of shipping costs, even if the amount of the order is greater than or equal to 50 €.

Delivery in metropolitan France

For orders of less than €50, shipping costs are €7.50; for orders of €50 or more, shipping costs are free (excluding Corsica, islands, difficult and mountainous areas).

Delivery to Corsica and islands

For all orders to be delivered to Corsica and the islands, a supplement of €18.96 is added to the delivery charge.

For orders under €50, shipping costs are €26.46; for orders of €50 or more, shipping costs are €18.96.

Delivery to difficult and mountainous areas

For orders to be delivered to difficult and mountainous areas, a supplement of €5.58 is added to the delivery charge.

For orders under €50, shipping costs are €13.08; for orders of €50 or more, shipping costs are €5.58.

ARTICLE 6.3 - CLICK & COLLECT

For all orders placed via the Site, and in parallel with the home delivery options, the Click and Collect service is offered to the purchaser, enabling purchases to be collected directly from the Wittisheim boutique.

How to order and collect:

Online ordering: Orders are placed online with payment by credit card. Payment is secure.
Pick-up times and location: Orders can be picked up at the boutique, at the following address: 6 rue de l'Ecluse - 67820 WITTISHEIM, from Tuesday to Friday, from 10am to 12pm and from 1pm to 6pm.
Preparation time: An e-mail will be sent to the purchaser once the order is ready for collection. Preparation time is generally 48 hours, variable according to product availability.

Collection conditions:

A copy of the order confirmation e-mail must be presented for collection.

Non-collection of order :

If the order is not collected within 14 working days of receipt of the e-mail confirming availability, the order may be cancelled, with no right to reimbursement.

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 purchaser within a maximum of 7 working days in mainland France for all orders placed before 12 noon. Concerning delivery times abroad, these correspond to those of the "Colissimo" service and can be consulted on the following website: "https://www.laposte.fr/particulier/outils/calculateur-de-delais#help-calc-delai-int". In the event of late delivery, except in cases of force majeure and not caused by the purchaser (missing or erroneous personal data), the latter is entitled to cancel the contract by registered letter with acknowledgement of receipt sent to the following postal address: Les Jardins de Gaïa - Service vente par correspondance, ZA - 6 rue de l'écluse, F-67820 Wittisheim.

The contract will be considered terminated upon receipt by Les Jardins de Gaïa of the letter sent by the purchaser, provided that the products have not been delivered by Les Jardins de Gaïa prior to receipt of said letter. The purchaser must exercise this right within 60 working days of the delivery date indicated when the order is placed on the Site.

In accordance with Article L221-24 of the French Commercial Code, Les Jardins de Gaïa undertakes to reimburse the purchaser for the sums paid as soon as possible and no later than 14 days from the date on which the company is informed of the consumer's decision to withdraw. Nevertheless, Les Jardins de Gaïa may defer reimbursement until the products have been recovered or until the purchaser has provided proof of shipment of the products. The date used is that of the first of these events.

ARTICLE 7 - PAYMENT TERMS

Payment is due at the time of order. No parcel will be dispatched until payment has been received.

Payment may be made by credit card, cheque or bank transfer.

By credit card

When paying by credit card, the buyer must indicate the credit card number, the cryptogram (last three digits on the back of the card) and the validity date.

Payments made in this way are made via the Payplug secure system, which uses the SSL (Secure Socket Layer) protocol, so that information transmitted is encrypted by software and cannot be read by any third party during transport over the network.

For any payment by credit card on the Site, the certificate issued by the telepayment manager will constitute proof of the amount and date of the transaction, in accordance with the provisions of articles 1365 et seq. of the French Civil Code.

The buyer's account will only be debited when the available products are dispatched, and only for the amount of the products sent or downloaded.

By PayPal

This is a secure payment method that allows you to pay by credit card without giving your card number to the merchant. You do not need to have a PayPal account to make a payment. PayPal's General Terms and Conditions of Sale will apply.

When paying via PayPal, please check the address given on the "Transaction details" page, as this cannot be changed at a later date.

By cheque

In the event of payment by cheque (a method of payment accepted for orders placed in France by French citizens), the cheque 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. After this period, and without confirmation of payment from the buyer, the order will be cancelled. Cheques are cashed within one month of receipt.

By bank transfer

The purchaser must contact Les Jardins de Gaïa to request a bank transfer details.

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 cancelled.

Once payment has been confirmed, the parcel will be sent to the buyer.

Confirmation of payment will be considered effective after validation by the bank payment center and acceptance of payment by Les Jardins de Gaïa.

Although certain validations will be carried out directly, Les Jardins de Gaïa reserves the right to block any suspicious order in order to verify its credibility. In this case, an e-mail informing the purchaser of this action will be sent and the order will remain blocked until receipt of the following supporting documents:

a photocopy of both sides of an identity document ;
proof of address.

In the absence of receipt of the supporting documents within 48 hours, or in the event that the supporting documents are deemed to be non-compliant, Les Jardins de Gaïa reserves the right to refuse validation of the payment.

Les Jardins de Gaïa reserves the right to suspend or cancel any execution of an order, in the event that it suspects an attempt at fraudulent payment on the part of the purchaser (notification of the banking establishment).

ARTICLE 8 - RIGHT OF WITHDRAWAL

In accordance with the provisions of article L221-18 of the French Consumer Code, consumers have a 14-day cooling-off period from receipt of the goods by the consumer or a third party, other than the carrier, designated by the consumer, to return the product to Les Jardins de Gaïa, for exchange or reimbursement without penalty, with the exception of the cost of return.

As this is a clear deadline, if it normally expires on a Saturday, Sunday or public holiday or day off, it is extended until the next business day, as evidenced by the postmark.

Notification of withdrawal is made by sending a registered letter with acknowledgment of receipt.

(On the other hand, Les Jardins de Gaïa is not obliged to reimburse, and will not reimburse, any additional costs if the purchaser has expressly chosen a more expensive method of delivery than the standard method offered by Les Jardins de Gaïa)

It is specified that a product having benefited from a promotional advantage will be reimbursed at the price actually paid by the purchaser or which should have been paid if it no longer meets the conditions to benefit from it.

The buyer is reminded that he/she bears the full cost of returning the product if he/she exercises his/her right of withdrawal.

A standard retraction form is available for this purpose by clicking on the following link(Model retraction form, in accordance with article L221-5 of the French Consumer Code).

The purchaser will be reimbursed for his or her 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, with the means of payment corresponding to that used by the purchaser for the initial transaction, unless the purchaser wishes otherwise.

Returns must be made to "Les Jardins de Gaïa - Service vente par correspondance, 67820 Wittisheim" in their original condition and complete (packaging intact, tea unused), and accompanied by a copy of the invoice.

Items returned incomplete, spoiled or damaged by the buyer will not be accepted.

Under no circumstances is Les Jardins de Gaïa's mail-order service obliged to take back Les Jardins de Gaïa items purchased from another online sales Site or from an authorized retailer.

ARTICLE 9 - GUARANTEE

Non-food products supplied by Les Jardins de Gaïa are covered by law and without additional payment, in accordance with legal provisions:

the legal guarantee of conformity, for Products that appear to be defective, spoiled or damaged, or that do not correspond to the order or immediate purchase;
the legal warranty 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 Les Jardins de Gaïa, who will take it back, exchange it, or refund it.

All claims, requests for exchange or refund must be made by post to "Les Jardins de Gaïa, ZA - 6 rue de l'écluse, F-67820 Wittisheim" within 30 days of delivery.

ARTICLE 10 - LIABILITY

In the online sales process, Les Jardins de Gaïa is bound only by an obligation of means; it may not be held liable for any damage resulting from the use of the Internet network, such as loss of data, intrusion, viruses, disruption of service, or other involuntary problems.

Les Jardins de Gaïa may not 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 responsibility of the purchaser to check;
failure to meet delivery deadlines due to missing or incorrect information on the identification form;
misuse, use for professional purposes, negligence or lack of maintenance on the part of the purchaser, as in the case of normal wear and tear of the Product, accident or force majeure.

Les Jardins de Gaïa's guarantee is, in any event, limited to the replacement or reimbursement of Products that do not conform or are affected by a defect.

According to article L216-2 of the French Consumer Code, "Any risk of loss or damage to the goods is transferred to the consumer at the time when the latter or a third party designated by him takes physical possession of these goods". Article L216-3 of the same Code also states 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 11 - INTELLECTUAL PROPERTY

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

No one is authorized to reproduce, exploit, rebroadcast, or use for any purpose whatsoever, even partially, elements of the Site, whether software, visual or sound, under penalty of constituting an infringement of copyright. Any simple or hypertext link is strictly forbidden without the written consent of Les Jardins de Gaïa.

ARTICLE 12 - PERSONAL DATA

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

ARTICLE 13 - ARCHIVING - PROOF

Les Jardins de Gaïa will archive order forms and invoices on a reliable and durable medium constituting a faithful copy in accordance with the provisions of article 1379 of the French Civil Code.

The computerized records of Les Jardins de Gaïa will be considered by the parties as proof of communications, orders, payments and transactions between the parties.

ARTICLE 14: FORCE MAJEURE

The Parties may 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 French Civil Code.

ARTICLE 15: LANGUAGE

These General Terms and Conditions of Sale are drawn up in the French language. Should they be translated into one or more languages, only the French text will be deemed authentic in the event of a dispute.

ARTICLE 16 - SETTLEMENT OF DISPUTES

Les Jardins de Gaïa may not be held liable for damages of any kind, whether material, immaterial or physical, which may result from the improper use of the products marketed or their abnormal use.

In accordance with article 3 of the Rome I Regulation of June 17, 2008, when Les Jardins de Gaïa directs its activities towards the state where the consumer has his habitual residence, the interpretation and execution of the present contract, as well as all acts which would be the result or consequence, whatever the place of delivery of the products, the place of placing of the order, the nationality of the purchaser and his address, will be subject to French law, provided that the latter does not harm the consumer, in compliance with article 6.2 of the said Regulation.

In the event of a dispute within the European Union, and in accordance with article 16 of the European Regulation of December 22, 2000, the consumer may choose to bring the matter either before the courts of his country of residence, or before the courts of the country where the professional is domiciled. Article 17-1 of the said regulation also provides for the possibility of inserting a clause conferring jurisdiction on another judge after the dispute has arisen.

However, when the dispute concerns e-commerce outside the European Union, the conditions of ordinary law apply, i.e. article 42 of the Code of Civil Procedure, which designates the judge of the defendant's domicile.

The purchaser is hereby informed that, in accordance with article L612-1 of the French Consumer Code, he/she may in any event have recourse to conventional mediation, in particular with the Commission de la médiation de la consommation (Consumer Mediation Commission) or with existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.

ARTICLE 17: PRE-CONTRACTUAL INFORMATION

The buyer acknowledges having been informed by the company 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 his/her immediate purchase or the placing of the order and in accordance with the provisions of article L 221-5 of the French Consumer Code:

1° on the essential characteristics of the good, service, digital service or digital content;

2° on the price of the good, service, digital service or digital content, pursuant to articles L. 112-1 to L. 112-4 ;

3° on the date on which or the period within which the professional undertakes to deliver the good or provide the service, digital service or digital content;

4° on information relating to its identity, postal, telephone and electronic contact details, cancellation procedures, dispute resolution methods, other contractual terms and conditions and, where applicable, the costs of using the distance communication technique, the existence of codes of good conduct and deposits and financial guarantees;

5° where applicable, information on the legal guarantees, functionalities, compatibility and interoperability of the digital content, digital service or asset comprising digital elements, other contractual conditions and, where applicable, the existence of any software installation restrictions;

6° on the possibility of recourse to a consumer mediator under the conditions laid down in Title I of Book VI;

7° where the right of withdrawal exists, the conditions, timeframe and procedures for exercising this right, as well as the standard withdrawal form, the conditions of presentation and particulars of which are laid down by decree in the Conseil d'Etat ;

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° on the consumer's obligation to pay a fee when he exercises his right of withdrawal from a contract for the provision of services, water distribution, gas or electricity supply and subscription to a district heating network, which he has expressly requested to be performed before the end of the withdrawal period; this fee is calculated in accordance with the procedures set out in article L. 221-25 ;

10° when the right of withdrawal cannot be exercised in application of article L. 221-28, information to the effect that the consumer does not benefit from this right or, where applicable, the circumstances in which he loses it;

11° on the application of a personalized price based on automated decision-making, if applicable.