General conditions of sale

The purpose of these General Terms and Conditions of Sale is to define the legal framework and terms applicable to the sale by ORIENTIS GOURMET of the products offered on the Website (hereinafter referred to as the“Product(s)”) to any consumer customer—a natural person not acting in the course of a professional activity, at least 18 years of age, and possessing legal capacity (hereinafter the “Customer”). Therefore, you must read these Terms carefully before placing any order on the Website.

Any purchase made on the Site implies compliance with and full, complete, and unreserved acceptance of all the Terms and Conditions. If you do not wish to accept all or part of these terms, you are asked to cancel your purchase.

You acknowledge that the Terms and Conditions constitute the complete and exclusive agreement between you and ORIENTIS GOURMET regarding your order.

ORIENTIS GOURMET

Simplified Joint-Stock Company

Registered with the Paris Trade and Companies Register under number B 350 283 057

89 Avenue Niel, 75017 Paris (France)

Intra-Community VAT number: FR71 350 283 057.

Creating a Customer Account : You can create an account on the “Sign In” page, which you can access by clicking the icon in the upper-right corner of the Site, by entering your email address and then clicking “Continue.”

By creating your customer account, you acknowledge that you have read and unreservedly accept the General Terms and Conditions of Sale as well as the Privacy Policy regarding the protection of personal data.

 

Log in to your customer account : You can log in to your account at any time by clicking on the “Log In” page, which is accessible via the icon in the upper-right corner of the Site, entering your email address, and then clicking “Continue.”

 

To confirm your registration or login, you will need to enter the six (6)-digit code sent to the email address you provided earlier. This code can only be used once and will expire fifteen (15) minutes after you receive it.

Product Information

The Customer agrees, prior to placing an order, to review the essential characteristics of the Product(s) they wish to order on the Website. 

A detailed description of the Products sold on the Site is available when viewing each product individually on the Site. 

Since we cannot fully guarantee that the Products are displayed perfectly on the Site—particularly due to differences in color rendering caused by web browsers and/or computer monitors—we encourage you to refer to each Product’s description for its specific characteristics.

The system set up in this way requires you to take active steps. It complies with the legal requirements governing online sales and consumer protection, specifically Articles L. 111-1 and L. 111-2 of the Consumer Code.

 

ORIENTIS GOURMET guarantees that the Products have been handled with all necessary care to ensure that they conform to the description provided on the Website as of the date of the order.

 

Ordering Procedure

To order the products you want, you have two (2) options:

1.      Either by clicking on the photo of the product you wish to purchase to view its product page, selecting the desired package size, and then clicking “Add to Cart.” Your selections will be automatically added to your cart,

2.      Either by clicking directly on the “shopping cart” icon when viewing the Product (that is, without clicking on the photo and going to the Product’s details page), select the desired package size so that it is added directly to your shopping cart.

 

Products will automatically be added to your cart with a default quantity of “1.” You can then change this quantity to order multiple units of the same product in the cart summary, which will open automatically, following the steps below. You can also remove any of the previously selected products by clicking the “REMOVE” button to the right of the quantity selector.

 

Once you have added all the desired Products to your cart, Click “Place Order” in the lower right corner. You will then have the option to add a promo code by entering it in the “Discount Code or Gift Card” field and clicking “Apply” to apply it. Promotional codes and other temporary discounts cannot be combined.

 

You will then need to fill out a form, including certain required fields. Your selection will not be considered until this form has been submitted and is fully completed.

 

To complete your order, you'll need to review the summary on the right side of the page and then check the "J" boxI acknowledge that I have read and accepted the Terms and Conditions of Sale and the Privacy Policy "and confirm my order, which is subject to payment." and click "Pay Now" or "Pay as a Guest."

 

Your order cannot be modified or canceled once you have received the order confirmation email. However, you can change your shipping address within two (2) hours of placing your order.

 

Order Confirmation

 

In accordance with the articles L.111-1 et seq. and L.121-17 of the Consumer Code, you acknowledge that, prior to the conclusion of the contract, you were able to ascertain the essential characteristics of the Products (nature, quantity, material qualities, etc.), their price, the accepted payment methods, the delivery timeframe and restrictions, the timeframe, conditions, and procedures for exercising the right of withdrawal, as well as the cases in which this right may not be exercised (for more information on exercising this right, see Article 9 below).

 

To confirm your order, you must first acknowledge that placing your order constitutes an obligation to pay for it in full, and second, read and expressly accept the General Terms and Conditions of Sale by checking the corresponding box and then clicking the “Pay Now” or “Pay as a Guest” button. Checking the box mentioned above is an essential condition for confirming your order.

 

By entering the required information on the Site, paying for your order, and confirming it by clicking the “Pay Now” or “Pay as a Guest” button, you fully and unconditionally accept these Terms and Conditions of Sale. These Terms and Conditions shall be the sole governing terms of the contract thus entered into.

 

ORIENTIS GOURMET agrees to fulfill orders placed on the Site, subject to the limitations set forth below, and in particular while supplies last, in accordance with the terms and conditions herein, which you acknowledge having reviewed and accepted when confirming your order.

 

Orders will not be processed until full payment for the Products has been received and will be confirmed by ORIENTIS GOURMET via email. 

In the order confirmation email that will be sent to you, you will find your order number, details of the Products you ordered, and information that will allow you to track the preparation and delivery of the Products. You can also view and track this information in your customer account under the “My Orders” section.

 

Limitations

 

In the event of a product being out of stock, ORIENTIS GOURMET undertakes to notify you by email at the address you provided as soon as possible. ORIENTIS GOURMET will then offer you a refund for the out-of-stock product via the payment method used when you placed your order. ORIENTIS GOURMET may also inform you of the estimated lead time required to obtain the desired Product or offer you a replacement Product of equivalent value.

Since ORIENTIS GOURMET is unable to manage backorders, if a product is out of stock with no specific restocking date, ORIENTIS GOURMET will offer you a refund for the product you ordered via the payment method used when you placed your order. 

ORIENTIS GOURMET reserves the right to refuse, limit, or cancel orders that are non-compliant, suspicious, placed in bad faith, or in violation of the Terms and Conditions, as well as to refuse any order from a Customer with whom there is any prior or ongoing dispute.

The Products and samples offered on the Site are intended exclusively for personal use. Consequently, you agree not to sell or resell any Products or samples that you purchase or receive. ORIENTIS GOURMET reserves the right to refuse or cancel any order placed by a business or intended for commercial purposes.

Ongoing Offers (excluding purchases of gift cards and e-gift cards)

Samples : For any purchase with no minimum order amount, you are offered two (2) free samples (excluding orders picked up via Click & Collect). You can select them in “My Cart” once you’ve added one or more products to your cart by clicking on “Select Your Free Samples” and then checking up to two (2) samples. Samples are not eligible for any refund or compensation. If you do not select your samples, your order will not include any samples.

Free Shipping : Free shipping on orders of a specified minimum amount on the “ Shipping and Returns ». This offer can be combined with all the ongoing offers described in this article, subject to the applicable terms and conditions.

Bulk Refill Offer: Volume discount on refills of the tea of your choice: a 15% discount on the price per kilogram when you purchase two (2) 100-gram refills (for a total of 200 grams), 20% off the price per kilogram when you purchase three (3) 100g refills (for a total of 300g), and 25% off the price per kilogram when you purchase five (5) 100g refills (for a total of 500g). Offer valid on the purchase of multiple refills of the same product code in a single transaction. Offer not valid on Alain Ducasse White Tea refills, Petit déjeuner à l'Elysée, Matcha and Karavan.

For members KusmiKlub : Offer sent via email on your birthday (“birthday email”), provided you have entered your date of birth in your account KusmiKlub. On your birthday: one (1) box of tea Kusmi Tea A free 20g item from the selection within thirty (30) calendar days of your birthday, with any purchase (excluding purchases made with points KusmiKlub) in an amount specified in the anniversary email.

The terms and conditions are as follows:

• for any in-store purchase Kusmi Tea located in mainland France (excluding pop-up shops and department stores), Belgium, or Luxembourg upon presentation of the birthday email 
•  For any order placed on the Site, enter the one-time code provided in your birthday email into the “promotional code” field in your shopping cart when you check out.

Upon the expiration of the thirty (30)-day period following receipt of the birthday email, the offer will no longer be valid, and no compensation or damages may be claimed in this regard.

The gift is non-exchangeable, non-refundable, and non-transferable, and may not be exchanged for any other item.

In the event of unavailability, for any reason whatsoever, ORIENTIS GOURMET reserves the right to provide a similar product in-store or to ship it via the Website. of their choice, without this giving rise to any compensation.

For more information about the “KusmiKlub ", you can check out our General Terms and Conditions for Enrollment in the “ KusmiKlub ».

ORIENTIS GOURMET reserves the right to modify these offers at any time; it shall not be held liable for doing so, and no compensation or damages may be claimed in this regard.

The prices shown are in euros and include all taxes (VAT and any other taxes at the rates applicable in metropolitan France and in effect at the time of the order).

These are net prices that include the cost of the Products, as well as handling, packaging, and storage fees. Prices are valid as of the date the order is confirmed. They are subject to change without notice. Prices do not include shipping and delivery charges, which may vary depending on the order amount, weight, and/or country of delivery (Shipping and Returns) that are specified before the Customer confirms the order. 

The price listed in the order confirmation is the final price, including tax, for deliveries to mainland France.

If one or more taxes or fees—particularly environmental ones—were to be introduced or modified, whether upward or downward, this change may be reflected in the selling price of the Products.

Any order delivered outside mainland France (including Corsica) may be subject to additional local taxes and customs fees, not included in the price of the Products or in the order confirmation, and are entirely the responsibility and expense of the Customer. In fact, the carrier may require you to pay any applicable customs duties and taxes at the time of delivery. Any such customs duties and taxes associated with the delivery of an item are the Customer’s responsibility and are the Customer’s sole liability.

Under no circumstances will ORIENTIS GOURMET be required to cover any additional costs related to the delivery of the order, other than shipping charges, which are described and billed when you complete your order on the Website. 

Payment for Products purchased on the Site is due in full at the time of order. 

Payments can be made by:

v  Credit card : MasterCard, Visa, American Express, debit card. Your debit card will be charged upon confirmation of your order (excluding the U.S.).

v  PAYPAL : When you select this payment method, you will be redirected to the PayPal website to complete the payment by following the instructions provided.

v  KLARNA : When you select this payment method, you will be redirected to the KLARNA website to complete the payment by following the instructions provided.

v  APPLE PAY : When you select this payment method, you will be prompted to confirm your payment through the Apple Wallet interface using one of the authentication methods offered by Apple (Face ID, Touch ID, or passcode). Apple Pay encrypts all the information you provided when you added your card to the Apple Wallet app. For more information about the security of transactions between Apple Pay and your bank, please contact Apple.

v  ALMA : For interest-free payments in 3 installments on purchases of sixty (60) euros or more (including shipping). When you select this payment method, you will be redirected to the ALMA website to complete the payment by following the instructions provided. The Alma payment system accepts Visa, MasterCard, American Express, and Cartes Bancaires. originating from banking institutions in France. You will then be offered a payment schedule, with the first third charged immediately. Once your payment is accepted, you will receive, in addition to your order confirmation KUSMI TEA, a payment confirmation email from ALMA, Warning:  A loan is a financial commitment and must be repaid. Be sure to assess your ability to make the payments before you commit to a loan.

v  Gift Card or e-Gift Card (whose general terms of use are described in Article 12 below). 

The Customer warrants to ORIENTIS GOURMET that he or she has all necessary authorizations to use the selected payment method. To this end, you specifically warrant that you are the holder of the credit card to be charged and that the name on the card is indeed your own.

ORIENTIS GOURMET reserves the right to suspend any order processing or delivery in the event of non-payment or a payment issue (incorrect bank information, insufficient funds in the Customer’s account, etc.).

A paid invoice listing the various items in your order will be sent to you by email. This invoice will also be available in your customer account under the “My Orders” section; simply click the “Download Invoice” button on the selected order the day after you place your order.

The payment security protocol used is Shopify Payments, provided by Shopify International Limited (Irish private limited company organized as a corporation (Private limited company), registered with the Irish Companies Register under No. 560279 and having its registered office at 2nd Floor Victoria Buildings, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland), which guarantees complete confidentiality of personal information transmitted over the Internet. Thus, your credit card information is not stored on the Site, and your payment can only be viewed in encrypted form using the protocol SSL and are PCI-DSS Level 1 compliant (as indicated by the "https" in the URL displayed in your browser). 

The security of payments made in three installments is ensured by Alma and its service providers. All payments are protected by 3D Secure. Alma SAS is authorized as a payment institution and financing company by the French Prudential Supervision and Resolution Authority (ACPR) under number 90786, which can be viewed in the REGAFI registry: https://www.regafi.fr. Its corporate headquarters are located at 176 Avenue Charles de Gaulle, 92200 Neuilly-sur-Seine (RCS Nanterre 839 100 575). The Customer’s personal data is processed and stored in accordance with the GDPR. Banking information is stored with Alma’s authorized partners. For more information, see the Alma's Privacy and Data Management Policy.

You have the right to access, correct, and object to the processing of all your personal data at any time by writing to us and providing proof of your identity in accordance with Article 15 below.

Delivery means the transfer to the Customer of physical possession or control of the Product(s).

8.1   Delivery

ORIENTIS GOURMET ships to several countries. For more details, please Click here.

No deliveries can be made to countries not included on this list. If this is the case, the order cannot be processed.

Delivery Times : Products are delivered within an average of four (4) business days, including order preparation time, in mainland France. Please note that orders placed on the Site on Friday afternoons, Saturdays, or Sundays will not be processed until the following Monday. Furthermore, orders placed on the Site on a holiday will not be processed until the next business day.   

In the event of special promotions (e.g., private sales, seasonal sales, etc.) organized by ORIENTIS GOURMET or a third-party partner on the Website, Products will be delivered within six (6) business days in metropolitan France (including Corsica).

Shipping Costs : You are responsible for shipping costs, which are added to the price of the Products. These costs vary depending on, among other things, the selected shipping method, the destination country, as well as the total amount and, if applicable, the total weight of the order.

All delivery details (service areas, estimated delivery times, available delivery methods, and associated fees) are listed on the “ Shipping and Returns ", which is accessible at any time via a link at the bottom of the Site. We encourage you to review it before placing your order.

If free shipping or a reduction in shipping costs is offered as part of a promotional campaign or upon reaching a certain order total, this information is specified on the Site at the time the order is placed and, if applicable, on the “ Shipping and Returns ».

Shipping address: The order will be delivered to the shipping address you selected and provided when placing your order. You may provide a shipping address that is different from your billing address. The information you provide and submit when placing your order is binding. In the event of an error in the recipient’s contact information, ORIENTIS GOURMET cannot be held responsible if it is unable to deliver the Product(s) as a result of this error; in such cases, ORIENTIS GOURMET will not be able to make a second delivery. Furthermore, the order amount may be refunded to you after the returned package is received at the ORIENTIS GOURMET warehouse.

Transfer of Risk : The Products are shipped at ORIENTIS GOURMET’s risk. The risk of loss or damage to the Products is transferred to the Customer only upon delivery of the Products to the address specified by the Customer, in accordance with Article L. 216-4 of the French Consumer Code.

The Customer is required to inspect the apparent condition of the package and the Products upon delivery. 

Anomalies : In the event of any issues (damaged package, missing or damaged products, etc.), the Customer must file all necessary claims with the carrier and notify ORIENTIS GOURMET as soon as possible by email at the address contactfr@kusmitea.com.

The absence of any objections upon delivery does not affect the Customer’s rights under the statutory warranties of conformity and against hidden defects, as set forth in Article 10 of these Terms and Conditions.

If the damage is attributable to shipping, ORIENTIS GOURMET will offer the Customer, in accordance with Articles L. 217-1 et seq. of the French Consumer Code, repair or replacement of the Product, or, if these solutions prove impossible or disproportionate, a full or partial refund of the price paid.

ORIENTIS GOURMET may not refuse the return of any Product that is damaged or non-compliant under the statutory warranties. For any other returns, the Customer is asked to contact customer service in advance to arrange the return process.

8.2   Click & Collect – In-Store Pickup

ORIENTIS GOURMET offers a selection of products marked with a "Available for Click & Collect" sticker on the product page, order pickup at certain stores KUSMI TEA located in mainland France, Belgium, and Luxembourg. 

If one or more items in your cart are not eligible for the “click & collect” service, this delivery option will not be suggested when you select your delivery method during checkout, and only standard delivery methods will be offered. 

Two (2) samples will be included in your order at random. 

Once you have added items to your cart, when selecting your shipping method during checkout, choose the “Pick up in store” option and select the store where you would like to pick up your order from the list provided.

Once your order is complete, you will receive an order confirmation via email at the address you provided, specifying your order number, the list of Products ordered and their prices, the total amount of your order, the estimated delivery time, and the contact information and hours of operation for the store you selected. You can track the status of your order at any time by logging into your customer account.

The standard turnaround time for your order is twenty-four (24) hours, subject to the availability of the products ordered in-store. Despite the care we take in preparing orders, it is possible that one or more products that were in stock at the time of your order may no longer be in stock by the time your order is prepared. 

To pick up your order in-store, please present your order confirmation (text message, email, or printed copy) along with a valid form of identification directly at the register.

The Customer has one (1) month to pick up their order at the applicable store. If one (1) month has passed since the message notifying you that your order is ready for pickup at the store, the sale will be automatically canceled. The Customer will then be refunded the price of the order.

Pursuant to the provisions of Articles L.221-18 et seq. of the Consumer Code, you have a right of withdrawal that you may exercise within a maximum period of fourteen (14) calendar days from the date of receipt of the relevant Products or from the date of receipt of the last Product included in your order if it was delivered in multiple shipments, without having to provide a reason. If the fourteen (14)-day period expires on a Saturday, Sunday, or a public holiday or non-working day, it is extended until the next business day.

To exercise your right of withdrawal, you can submit a request using our form or directly from your customer account. 

Feedback via the form:

To exercise your right of withdrawal, please print, complete, and sign this form (here) (hereinafter the “Form”) and return it to us at the following address:

ORIENTIS GOURMET

Customer Service Kusmi Tea

Prologis DC5 Building – Unit A

Hode Park, Zone 5

76430 St. Vigor d'Ymonville

Upon receipt of your request, Customer Service will contact you using the contact information provided in the form to arrange for the return of the Products subject to the cancellation.

Return via your customer account: 

You can submit your request directly from your customer account, under the “My Orders” section, using the “Request a Return” button in your order history.  

Withdrawal process:

1.      Log in to your customer account, then go to the order in question. 

2.      Click the "Request a Return" button. 

3.      Select the item(s) you wish to return, enter the reason, and then click the "Request a Return" button. 

4.      A summary email regarding your request will be sent to you automatically. 

5.      Our Customer Service team will review the validity of your request; you will then receive a confirmation email with return instructions. 

Regardless of how the right of withdrawal is exercised, packages must be returned to the following address: 

ORIENTIS GOURMET – Customer Service 

E-commerce Returns Kusmi Tea 

Prologis DC5 Building – Unit A 

Hode Park, Zone 5 – Port 5521 

76430 SAINT VIGOR D’YMONVILLE 

Products cannot be returned to a store, and the Customer is responsible for return shipping costs.

The refund (including shipping costs—in accordance with Articles L. 221-20 et seq. of the Consumer Code) will be issued within fourteen (14) days from the date on which ORIENTIS GOURMET is notified of your decision to cancel, and no later than the date on which ORIENTIS GOURMET actually receives the Products or the date on which you provide proof of shipment of the Products. The refund will be issued via the payment method used at the time of purchase, with the exception of Products purchased using a Gift Card or e-Gift Card KUSMI TEA for which reimbursement will be made under in the form of a new e-Gift Card, valid for one (1) year from the date of issuance. A refund confirmation email will be sent to you.

As part of the loyalty program, the terms and conditions of which are detailed in our General Terms and Conditions for Enrollment in the “KusmiKlub », If you exercise your right of withdrawal, the loyalty points earned when placing your order will be removed from your customer account as soon as Customer Service has approved your return request and you have been reimbursed for the Products, unless you have already used the gift certificate earned with those points. 

A refund will be issued only if the cancellation and return of the Products have been completed within the time frame and under the conditions specified above, and if the Products are returned in perfect condition, in their original packaging, along with any accessories, user manual, and documentation. 

Products that have been unsealed and/or mixed in such a way that they cannot be separated from other Products, Products made to the customer’s specifications or significantly personalized, and Products that are likely to deteriorate or expire rapidly will not be refunded, in accordance with Article 221-28 of the Consumer Code. 

For e-Gift Cards KUSMI TEA (the general terms and conditions of use for which are described in Article 12), the right of withdrawal may be exercised only if the e-Gift Card KUSMI TEA has not been used in whole or in part.

Only the Customer may exercise this right of withdrawal. If the order was delivered to someone other than the Customer, the recipient of the order in question may not exercise this right.

If you made a donation through the L’ARRONDI service, the amount cannot be refunded if you exercise your right of withdrawal.

When an order has been placed using a promotional code that offers a discount based on the simultaneous purchase of a predetermined number of items, returning one or more items may result in the discount being voided if the required number of items for the discount is no longer met. The refund issued will then reflect the fact that the discount is no longer applicable.

Products sold by ORIENTIS GOURMET (a simplified joint-stock company, registered with the Paris Trade and Companies Register under number B 350 283 057, with its registered office located at 89 avenue Niel, 75017 Paris (Intra-Community VAT number: FR71 350 283 057) are covered by the legal guarantee of conformity provided for in Articles L. 217-3 et seq. of the French Consumer Code) and the legal guarantee against hidden defects (Article 1641 et seq. of the Civil Code), the terms and conditions of which are outlined in the box below:

 

These warranties must be processed through ORIENTIS GOURMET's customer service department. at the address contactfr@kusmitea.com within the time limits specified above, upon presentation of proof of purchase.

However, you are solely responsible for selecting the Products, storing them after delivery, and using them. Under no circumstances can ORIENTIS GOURMET guarantee that the order will meet your specific expectations.

These provisions do not preclude the right of withdrawal set forth in Article 9 above.

The statutory warranty of conformity applies regardless of any commercial warranty that may be provided by ORIENTIS GOURMET.

Disclaimer of Warranties

Items that have been modified, repaired, or altered by the Customer are excluded from the warranty. The warranty does not cover apparent defects. The warranty does not cover items damaged during shipping or due to misuse. 

In accordance with the law of May 12, 1980, the Products delivered to you are sold subject to retention of title. Transfer of ownership is contingent upon full payment of the price of the Products by the due date agreed upon by the parties. The Products therefore remain the property of ORIENTIS GOURMET until orders are paid in full. 

In accordance with Articles L. 216-4 and L. 216-5 of the Consumer Code, the above provisions do not preclude the transfer to the Customer, upon delivery, of the risk of loss or damage to the Products subject to the retention of title.

Customers can purchase gift cards or e-gift cards to give as gifts or to treat themselves.

These terms and conditions govern the terms of purchase, use, and validity:

·        of a gift card KUSMI TEA (referred to as the “Gift Card”) KUSMI TEA ") available In stores only (excluding brand corners and department stores), located in metropolitan France, in Belgium and Luxembourg (hereinafter referred to as the “Stores”);

·        and a e-gift card KUSMI TEA available on the Website only (referred to as the “e-Gift Card”) KUSMI TEA »).

Purchasing Gift Cards and E-Gift Cards KUSMI TEA

Gift cards in the following pre-set amounts: 30€ (thirty euros), 60€ (sixty euros), or 100€ (one hundred euros), available in stores KUSMI TEA located in mainland France (excluding retail corners and department stores), in Belgium and Luxembourg.

E-gift cards are available for purchase on the Website in the following predefined amounts: 30€ (thirty euros), 60€ (sixty euros), or 80€ (eighty euros).

A digital gift card sent to the email address provided by the Customer at the time of purchase immediately after the purchase. If the right of withdrawal is exercised under the conditions set forth in Article 9 above, it shall apply only on the condition that the e-Gift Card KUSMI TEA has not been used in whole or in part. 

ORIENTIS GOURMET assumes no liability regarding Gift Cards or e-Gift Cards KUSMI TEA that has been previously activated and has expired, been lost, stolen, or damaged, as well as in the event of an error—such as an error in the email address of the e-Gift Card recipient—or fraudulent use of the code.

Gift Cards and E-Gift Cards KUSMI TEA are non-rechargeable and cannot be resold, exchanged, or refunded—even partially—particularly in the event of loss, theft, destruction, fraudulent use, expiration, or store closure KUSMI TEA.

Validity

Valid for one (1) year from the date of purchase. When the validity period of the Gift Card or e-Gift Card KUSMI TEA Once it has expired, it can no longer be used for purchases, cannot be reactivated, and will not result in any refund of the unused amount. 

Usage 

Gift Cards and E-Gift Cards KUSMI TEA are payment methods that can be used only to pay for all or part of a purchase made in euros on the Website or in the Stores.

Gift Cards and E-Gift Cards KUSMI TEA are not registered to specific individuals. 

Gift Cards and E-Gift Cards KUSMI TEA can be used once or multiple times 

If the total purchase amount exceeds the total value of the Gift Card or e-Gift Card KUSMI TEA, This payment method may be supplemented by another payment method accepted on the Website or in the Stores. 

The balance on the gift card or e-gift card KUSMI TEA is available for viewing in the store.

Purchasing a Gift Card or e-Gift Card KUSMI TEA does not allow you to accumulate points in your account KusmiKlub. However, any purchase of Products on the Site or in the Stores using a Gift Card or e-Gift Card KUSMI TEA allows you to earn points in your account KusmiKlub in question, according to the scale specified in the General Terms and Conditions for Enrollment in the “KusmiKlub ». 

Limited Liability

ORIENTIS GOURMET assumes no liability regarding Gift Cards or e-Gift Cards KUSMI TEA that has been previously activated and has expired, been lost, stolen, or damaged, as well as in the event of an error—particularly in the email address of the e-Gift Card recipient—or fraudulent use of the code.

Complaints or disputes will always be handled with attentive consideration, as good faith is always presumed on the part of anyone who takes the time to bring these matters to our attention. In the event of a complaint, you should first contact ORIENTIS GOURMET to seek an amicable resolution by writing to ORIENTIS GOURMET, 89 avenue Niel, 75017 Paris, or by sending an email to contactfr@kusmitea.com.

ORIENTIS GOURMET shall not be held liable for any failure to perform or improper performance of the contract attributable to the Customer, to an unforeseeable and insurmountable act by a third party not party to the contract, or to a force majeure event as defined in Article 1218 of the Civil Code, as interpreted by case law.

No provision herein shall have the effect of limiting or excluding ORIENTIS GOURMET’s liability beyond what is permitted by applicable mandatory laws, nor shall it deprive the Customer of his or her legal rights, including those under the statutory warranty of conformity and the warranty against hidden defects, the scope and terms of which are set forth in Article 10 above.

ORIENTIS GOURMET collects personal data in connection with the sale of Products. The provisions governing the processing of this data are described in our Privacy Policy and the Cookie Policy of this Site.

If the Customer does not wish to receive telemarketing calls from companies of which they are not a customer, they may register on the telemarketing opt-out list via the website www.bloctel.gouv.fr.  

The Customer acknowledges that the ordering process and these Terms and Conditions are concluded online and constitute an “electronic contract” within the meaning of Articles 1125 et seq. of the Civil Code between the Customer and ORIENTIS GOURMET.

Consequently, the Customer agrees, in accordance with the principles governing electronic contracts, not to challenge the validity of the contract solely on the grounds that it was concluded electronically by ORIENTIS GOURMET. In the event of a dispute, ORIENTIS GOURMET may prove that its electronic tracking system is reliable and that it guarantees the integrity of the transaction.

Language and Governing Law :

These General Terms and Conditions of Sale and the sale of the Products are governed by French law, without prejudice to any mandatory provisions that may offer greater protection to the consumer under the law of the consumer’s country of habitual residence, in accordance with Article 6 of Regulation (EC) No. 593/2008 of June 17, 2008, known as “Rome I.” 

The Terms and Conditions are written in French. Translations may be made available to customers for informational purposes only. In the event of any discrepancy in interpretation between a translated version and the French version, the latter shall prevail, without this having the effect of depriving the consumer of the mandatory rights granted to them by the laws of their country of habitual residence.

Mediation of Consumer Disputes :

Any domestic or cross-border disputes that may arise regarding the validity, interpretation, performance or non-performance, suspension, or termination of any contract entered into under the terms set forth in these General Terms and Conditions of Sale may be submitted to mediation at your request, prior to any legal action, in order to reach an amicable resolution.

ORIENTIS GOURMET is a member of the FEVAD (Federation of E-commerce and Distance Selling) E-commerce Ombudsman Service.

Before submitting any request for mediation, you must send a written complaint to ORIENTIS GOURMET at the following address: contactfr@kusmitea.com. If this process does not lead to a resolution within a reasonable time frame, you can file a complaint with the FEVAD E-commerce Ombudsman:

• By mail: The contact information is as follows:  FEVAD Consumer Ombudsman, P.O. Box 20015 - 75362 PARIS CEDEX 8
• VHere is its website: https://www.mediateurfevad.fr. 

After consumers have first submitted a written complaint to ORIENTIS GOURMET, any consumer dispute that has not been resolved may be referred to the Ombudsman’s Office. To learn how to file a complaint with the Ombudsman, click here.

However, the mediator cannot review the dispute if:

• You have not provided evidence that you first attempted to resolve the dispute directly with ORIENTIS GOURMET by submitting a written complaint.
• The claim is manifestly unfounded or frivolous
• The dispute has previously been considered or is currently being considered by another mediator or by a court
• You submitted your request to the mediator more than one year after filing a written complaint with ORIENTIS GOURMET.
• The dispute falls outside its jurisdiction.

Consumer mediation is free of charge for the consumer, who retains the right to be assisted or represented by an attorney at his or her own expense. The use of mediation is an option available to consumers and is not a mandatory prerequisite for bringing a case before the competent court.

Online Dispute Resolution:

In accordance with Regulation (EU) No. 524/2013 of May 21, 2013, you also have the option of using the European Online Dispute Resolution platform, which is available at the following address : https://consumer-redress.ec.europa.eu/index_fr

Jurisdiction:

If mediation fails or if you do not wish to pursue it, the French courts shall have jurisdiction to hear any dispute relating to this contract, without prejudice to your rights under Regulation (EU) No. 1215/2012 of December 12, 2012, known as “Brussels I bis.”