OUR GENERAL TERMS AND CONDITIONS OF ONLINE SALES
APPLICABLE FROM JANUARY 1, 2025 TO DECEMBER 31, 2025
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."
ARTICLE 2 - PURPOSE
These General Terms and Conditions of Sale are intended to define the contractual relationship between Les Jardins de Gaïa and the buyer and the conditions applicable to any purchase made through the Les Jardins de Gaïa merchant Site, whether the buyer is a professional or a consumer. The consumer is defined according to French law as a natural person who enters into a contract that is not directly related to their professional activity.
The purchase of a good or service through this Website 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 them 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 will replace the missing product with an equivalent product (at no extra cost) to avoid any delay in delivery. In this case, the buyer will be informed in advance of this substitution and will have the option of refusing the replacement product.
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: 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 indicated excluding 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 available for the purchase of certain products (teas, herbal teas, and rooibos) in bulk (excluding special offers, herbal teas not included, and primeur 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 basket by clicking on the "Add to basket" button.
(b) To place an order on the Website, the buyer must first open a Customer Account by providing their personal details, 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, the "obvious" General Terms and Conditions of Sale that are known to the buyer and do not present a significant imbalance to their disadvantage remain applicable.
All the data provided and the recorded confirmation will constitute proof of the transaction. The confirmation will 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.
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 basket, if you have not completed your order, we may contact you by email to allow you to retrieve your shopping basket. The processing carried out for this purpose is based in particular on our legitimate interests in optimizing the commercial success of our organization and offering you a smooth and user-friendly experience on our website, particularly if your browser stops working, within the framework of the pre-contractual relationship between you and us.
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 (damaged package, missing or damaged product) must be noted on the delivery slip and reported to Les Jardins de Gaïa within 3 days of receipt, by email to the following address: courriervpc@jardinsdegaia.com. Any complaint made after this period will be considered inadmissible and Les Jardins de Gaïa cannot be held liable.
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.
After these periods, 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 are 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.
CHRISTMAS 2025 DELIVERY:
Packages that will be available at pick-up points between November 12 and December 20, 2025 will be kept for 8 days instead of 14, in order to ensure better turnover and make room for new packages. This ensures better service and avoids congestion.
The exact delivery time and pickup deadline are always specified in the email and/or in the link provided in the notification text message that the recipient receives.
After this date, the parcel will be automatically returned to you.
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 €8.50.
Home delivery with signature
For orders under €50, shipping costs are €8.50.
Delivery to a Pickup point, Pickup Station or Post Office
For orders under €50, shipping costs are €8.50.
For 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 €8.50; 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 €19.38 is added to the shipping costs.
For orders under €50, shipping costs are €27.88; for orders of €50 or more, shipping costs are €19.38.
Delivery to difficult and mountainous areas
For all orders to be delivered to difficult and mountainous areas, a €5.70 surcharge is added to the shipping costs.
For orders under €50, shipping costs are €14.20; for orders of €50 or more, shipping costs are €5.70.
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 €8.50; for all orders of €50 or more, shipping is free (excluding Corsica, islands, remote areas, and mountainous areas).
Delivery to Corsica and the islands
For all orders to be delivered to Corsica and the islands, a supplement of €19.38 is added to the shipping costs.
For orders under €50, shipping costs are €27.88; for orders of €50 or more, shipping costs are €19.38.
Delivery to difficult and mountainous areas
For all orders to be delivered to difficult and mountainous areas, a €5.70 surcharge is added to the shipping costs.
For orders under €50, shipping costs are €14.20; for orders of €50 or more, shipping costs are €5.70.
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/debit 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 12 p.m. and from 1 p.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.
Pickup 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 receipt of the email confirming availability, the order may be canceled without the right to a refund.
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 working days in mainland France for all orders placed before 12 noon. Delivery times for orders outside France are those of the "Colissimo" service and can be found 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 is entitled to terminate the contract by registered letter with acknowledgment of receipt sent to the following postal address: Les Jardins de Gaïa - Mail Order Service, 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 buyer, provided that the products have not been delivered by Les Jardins de Gaïa before receipt of the said letter. The buyer must exercise their right within 60 working days from the delivery date indicated to them when the order is placed on the Website.
In accordance with Article L221-24 of the French Commercial Code, Les Jardins de Gaïa undertakes to refund the buyer the sums paid as soon as possible and at the latest within 14 days from the date on which the company is informed of the consumer's decision to withdraw. However, Les Jardins de Gaïa may defer the refund until the products have been recovered or until the buyer has provided proof of shipment of the products. The date chosen is the first of these events.
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/debit card, check, or bank transfer.
By credit/debit card
When paying by credit/debit card, the buyer must provide the cardholder's name, credit/debit 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 payments by credit/debit card on the Website, the certificate issued by the remote payment manager will 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.
The buyer's account will only be debited when the available products are shipped 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/debit 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 and tea school course reservations), 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 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 working 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), available at the following address (to be inserted). These TCU specify, in particular, the period of validity, terms of use, conditions in the event of loss, theft or delivery error, as well as the right of withdrawal.
The buyer is invited to read these GTCU before making any purchase.
In the event of any contradiction between these General Terms and Conditions of Sale and the GTU 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, except for return shipping costs.
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.
Notification of withdrawal must be made by registered letter with acknowledgment of receipt.
(However, Les Jardins de Gaïa is not required to reimburse, and therefore will not reimburse, any 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 would have been paid if it no longer meets the conditions for benefiting from the offer.
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 characterful withdrawal form is available to the consumer by clicking on the following link (Model withdrawal form, in accordance with Article L221-5 of the 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
Non-food products supplied by Les Jardins de Gaïa are automatically covered, without additional payment, in accordance with legal provisions:
- The legal guarantee of conformity, for Products that are apparently defective, damaged or do not correspond to the order or immediate purchase;
- The legal warranty against hidden defects resulting from a defect in material, design, or manufacture 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, which will take it back, exchange it, or refund it.
All complaints, 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 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
Any simple or deep hypertext link to the Site is strictly prohibited without the prior written authorization of Les Jardins de Gaïa.
ARTICLE 13 - PERSONAL DATA
For more information on personal data, please refer to 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
Les Jardins de Gaïa cannot be held liable for any damage of any kind, whether material, immaterial or physical, that may result from the misuse or abnormal use of the products sold.
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 execution 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 was placed, the nationality of the buyer, and their address, shall be subject to French law, provided that the latter does not harm 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 Article 16 of the European Regulation of December 22, 2000, the consumer may choose to bring the matter before either the courts of the State of his or her residence or the courts of the State where the professional is domiciled. Article 17-1 of the said Regulation also provides for the possibility for the parties, after the dispute has arisen, to agree on a derogation from the normally applicable jurisdiction by choosing a court other than the one that would be competent.
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.
The buyer is informed that, in accordance with Article L612-1 of the Consumer Code, they may in any event resort to conventional mediation, pursuant to the provisions of Articles L612-1 et seq. of the Consumer Code, or even to any alternative dispute resolution method, such as conciliation.
ARTICLE 18: PRE-CONTRACTUAL INFORMATION
The buyer acknowledges having been informed by Les Jardins de Gaïa in a legible and comprehensible manner, through the provision of these General Terms and Conditions of Sale, prior to their immediate purchase or placing of an 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).