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General conditions of sale

Dated April 1, 2026

The company ORIENTIS GOURMET directly and indirectly creates and markets KUSMI TEA brand products and related accessories. 

 These general terms and conditions of sale (hereinafter referred to as "the General Terms and Conditions of Sale" or "GTC") apply to all orders placed on the KUSMI TEA brand website www.kusmitea.com (hereinafter referred to as the "Site"), unless ORIENTIS GOURMET expressly and in writing stipulates otherwise.

When a case is not covered by these GTC, the distance selling rules of ORIENTIS GOURMET's registered office apply.

ORIENTIS GOURMET reserves the right to modify the terms, conditions and provisions of the GTC at any time. Nevertheless, the GTC applicable to the order are those accepted by the Customer at the time the order is placed.

The fact that ORIENTIS GOURMET does not, at any given time, avail itself of any of the clauses of the GTC shall in no way be interpreted as a waiver of its right to avail itself of any of the said clauses at a later date.

Should any of the provisions of these General Terms and Conditions of Sale be declared unenforceable, all other provisions shall remain in force.

The General Terms and Conditions of Sale are supplemented by the General Terms and Conditions of Use of the Site concerning the technical terms and conditions for accessing and browsing the Site, as well as by the Privacy Policy and the Cookie Policy available on the Site. 

The GTC are accessible at any time via a link at the bottom of the Site page and on the order validation page. ORIENTIS GOURMET invites the Customer to download and save them.

1. Scope

The purpose of these General Terms and Conditions of Sale is to define the legal framework and the terms and conditions applicable to the sale by ORIENTIS GOURMET of the products offered on the Site (hereinafter referred to as the "Product(s)") to any consumer customer, a natural person not acting within the scope of a professional activity, aged at least 18 and having legal capacity (hereinafter the "Customer"). Therefore, you must read them before placing any order on the Site.

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

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

2. Seller's Identity

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)

Intracommunity VAT number: FR71 350 283 057.

3. Personal Account

Creating a customer account: You can create an account via the "Log In" page accessible via the pictogram at the top right of the Site by entering your e-mail address and then clicking on "Continue".

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

 

Logging in to your customer account: You can directly access your account at any time by clicking on the "Log In" page, accessible via the pictogram at the top right of the Site, by entering your e-mail address and then clicking on "Continue".

 

To validate your registration or login, you will need to enter the six (6) digit code received at the previously provided email address. This code is for one-time use only and will expire fifteen (15) minutes after receipt.

4. Orders and validity of offers

Product information

Before placing an order, the Customer undertakes to consult the essential characteristics of the Product(s) they wish to order on the Site. 

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

As the perfect representation of the Products on the Site cannot be entirely guaranteed, particularly due to differences in color rendering by internet browsing software and/or viewing monitors, we invite you to refer to the description of each Product to ascertain its precise characteristics.

The system thus put in place implies active participation on your part. It complies with the legal requirements for online sales and consumer protection, particularly Articles L. 111-1 and L.111-2 of the French Consumer Code.

 

ORIENTIS GOURMET guarantees that the Products have been handled with all necessary care to ensure their conformity with the description on the Site at the date of the order.

 

Order placement procedure

To order the desired Products, you have two (2) options:

1.      Either by entering the product page of the Product you wish to purchase by clicking on its photo, you select the desired packaging, then click on "Add to cart". Your choices will be automatically added to your cart,

2.      Or by clicking directly on the "cart" icon, when the Product is displayed (i.e. without clicking on the photo and entering the Product's product page), you select the desired packaging so that it is added directly to your cart.

 

Products will automatically be added to your cart with the default quantity "1". You can then modify this quantity to order several Products of the same reference in the summary of your cart that will open automatically, according to the procedure below. You can also cancel one of the previously selected Products by clicking on the "DELETE" button to the right of the quantity selector.

 

Once you have added all the desired Products to your cart, click on "Proceed to checkout" at the bottom right. You will then have the option to add a promotional code by entering the said code in the dedicated "Discount code or gift card" area and then clicking on "Validate" for it to be taken into account. Promotional codes and other temporary discounts are not cumulative.

 

You will then need to fill out a form specifying certain mandatory fields. Your selection can only be taken into account upon submission of this duly completed form.

 

To finalize your order, you must check the summary on the right of the page, then tick the box "I acknowledge that I have read and accepted the General Terms and Conditions of Sale and the Privacy Policy and confirm my order with obligation to pay." and click on "Pay now" or "Pay as guest".

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

Order Acceptance

In accordance with articles L.111-1 et seq. and L.121-17 of the Consumer Code, you acknowledge that you have been able, before the conclusion of the contract, to be aware of the essential characteristics of the Products (nature, quantity, substantial qualities, etc.), their price, the accepted payment methods, the delivery time and restrictions, the time, conditions and methods of exercising the right of withdrawal, as well as cases of exclusion from exercising this right (for more information on exercising this right, see article 9 below).

To validate your order, it is necessary on the one hand to acknowledge that placing your order implies the obligation to pay for it in full and on the other hand to read and expressly accept the General Terms and Conditions of Sale by ticking the associated box and then clicking on the "Pay now" or "Pay as guest" button. Ticking the box mentioned above is an essential condition for validating your order.

Entering the required information on the Website, paying for your order and confirming it by clicking on the "Pay now" or "Pay as guest" button constitutes full and complete acceptance of these General Terms and Conditions of Sale. The latter shall be solely applicable to the contract thus concluded.

ORIENTIS GOURMET undertakes to honor orders placed on the Website, subject to the limitations stipulated below, and in particular within the limits of available stock, under the terms of these conditions which you declare to have read and accepted when validating your order.

Any order will only be taken into account after full payment for the Products has been received and will be confirmed by ORIENTIS GOURMET by email.

The order confirmation email sent to you will contain your order number, the details of the Products ordered, and information enabling you to track the preparation and delivery of the Products. You will also be able to consult and track this information in your customer account under the "My orders" section.

Limitations

In the event of a stockout, ORIENTIS GOURMET undertakes to inform you by email to 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 provide you with the necessary replenishment times to obtain the desired Product or offer you a replacement Product of equivalent value.

As ORIENTIS GOURMET is unable to manage backorders, if a Product is out of stock without a specific replenishment time, ORIENTIS GOURMET will offer you a refund for the ordered Product, via the payment method used when you placed your order.

ORIENTIS GOURMET reserves the right to refuse, limit or cancel non-compliant, suspicious, or fraudulently placed orders or orders in violation of the T&Cs, as well as to refuse any order from a Customer with whom there is any previous or ongoing dispute.

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

Permanent offers (excluding Gift Card and e-Gift Card purchases)

Samples: For any purchase with no minimum order amount, two (2) samples are offered free of charge (excluding orders delivered via click & collect). You can select them in “My cart” once you have added one or more Product(s) to your cart, by clicking on “Select your free samples” then ticking up to two (2) samples. Samples cannot be subject to any refund or compensation. If you do not select your samples, the order will not include any samples.

Free delivery: free delivery from a minimum purchase amount specified on the "Delivery and Returns" page. This offer can be combined with all permanent offers set out in this article according to the applicable conditions.

Bulk refills offer: Degressive pricing on the refill of your choice of tea: a 15% discount on the price per kilo from two (2) 100g refills (i.e. 200g), 20% on the price per kilo from three (3) 100g refills (i.e. 300g), and 25% on the price per kilo from five (5) 100g refills (i.e. 500g). Offer valid for the purchase of several refills of the same reference at once. Offer not valid on Le Thé Blanc Alain Ducasse, Petit déjeuner à l'Elysée, Matcha, and Karavan refills.

For KusmiKlub members: Offer sent on your birthday via email ("birthday email"), provided you have entered your date of birth in your KusmiKlub account. On your birthday: one (1) 20g Kusmi Tea box offered from the selection within thirty (30) calendar days from your birthday, for any purchase (excluding purchases with KusmiKlub points) of a minimum amount indicated in the birthday email.

The terms are as follows:

  • for any purchase in Kusmi Tea boutiques located in mainland France (excluding corners and department stores), Belgium or Luxembourg upon presentation of the birthday email
  • for any order on the Website by entering the single-use code that was sent to you in the birthday email in your cart when placing your order, in the "promotional code" field.

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

The gift is not exchangeable, refundable, or transferable, and cannot be subject to any consideration.

In case of unavailability, for any reason whatsoever, ORIENTIS GOURMET reserves the right to provide in store, or to send via the Site, a similar product of its choice and without this giving rise to any compensation.

For more information on the "KusmiKlub" loyalty program, you can consult our General Terms and Conditions of Membership for the "KusmiKlub" loyalty program.

ORIENTIS GOURMET reserves the right to modify these offers at any time, and its liability shall not be engaged as a result, and no compensation or indemnity may be claimed in this respect.

5. Price

The prices displayed are expressed in Euros, all taxes included (VAT and all other taxes according to the rates applicable in metropolitan France and in force at the time of the order).

These are net prices that include the price of the Products, handling, packaging, and storage costs. Prices are valid on the date the order is validated. These may be modified subsequently without prior notice. Prices do not include participation in shipping and delivery costs, which may vary depending on the amount, weight of the order, and/or country of delivery (Deliveries and Returns) which are indicated before the order is validated by the Customer.

The price indicated in the order confirmation is the final price including all taxes for deliveries in mainland France.

Should one or more taxes or contributions, particularly environmental ones, be created or modified, whether upwards or downwards, 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 remain the sole responsibility and expense of the Customer. Indeed, the carrier may request potential customs taxes at the time of delivery. These customs duties and any taxes related to the delivery of an item are the responsibility of the Customer.

Under no circumstances shall ORIENTIS GOURMET be liable for additional costs related to the delivery of the order, apart from transport charges, described and invoiced at the time of placing your order on the Website.

6. Payment terms

Payment for Products purchased on the Website is made in full at the time of order.

Payments can be made by:

v Credit card: Master Card, Visa, American Express, Credit card. Your credit card will be debited upon confirmation of your order (excluding USA).

v PAYPAL: by selecting this payment method, you will be redirected to the PAYPAL website to proceed with payment by following the instructions provided.

v KLARNA : by selecting this payment method, you will be redirected to the KLARNA website to proceed with payment by following the instructions provided.

v APPLE PAY : by selecting this payment method, you will be prompted to validate your payment via the Apple Wallet interface using one of the authentication methods offered by Apple (Face ID, Touch ID or passcode). Apple Pay encrypts all information you have provided when registering your card in the Apple Wallet application. For more information on the security of transactions between Apple Pay and your bank, we invite you to contact Apple.

v ALMA: for payments in 3 interest-free installments starting from sixty (60) euros of purchase (including shipping costs). By selecting this payment method, you will be redirected to the ALMA website to proceed with payment by following the instructions provided. The Alma payment system accepts Visa, MasterCard, American Express and bank cards issued by banking institutions in France. A payment schedule will then be proposed to you, with the first third being debited immediately. Once your payment is accepted, you will receive, in addition to your KUSMI TEA order confirmation, a payment validation email from ALMA. Warning: a loan commits you and must be repaid. Check your repayment capacity before committing.

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

The Customer guarantees ORIENTIS GOURMET that they have any necessary authorizations to use the chosen payment method. To this end, you notably guarantee that you are the holder of the credit card to be debited and that the name appearing thereon is indeed yours.

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

A paid invoice detailing the various elements of the order will be sent to you by email. This invoice will also be available in your customer account under "My Orders", by clicking on the "Download invoice" button for the selected order the day after the order is placed.

7. Payment security

The payment security protocol used is Shopify Payments, provided by Shopify International Limited (a private company limited by shares, registered in the Irish companies register under number 560279 and whose registered office is located at 2nd Floor Victoria Buildings, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland) which guarantees total confidentiality of personal information transmitted on the Internet. Thus, your credit card information is not stored on the Website, and your payment can only be viewed in encrypted form thanks to the SSL protocol and complies with PCI-DSS level 1 standard (confirmed by the appearance of "https" in the displayed URL of your browser).

Payment security for 3-installment payments is ensured by Alma and its service providers. All payments are protected by 3D Secure. Alma SAS is approved as a payment institution and financing company by the Autorité de contrôle prudentiel et de résolution (ACPR) under number 90786, consultable on the REGAFI register: https://www.regafi.fr. Its registered office is located at 176, Avenue Charles de Gaulle, 92200 Neuilly-sur-Seine (RCS Nanterre 839 100 575). Customer's personal data is processed and stored in accordance with GDPR. Bank details are stored with Alma's approved partners. For more information, please consult Alma's Privacy and Data Management Policy.

You have, at any time, a right of access, rectification, and opposition to all your personal data by writing and proving your identity in accordance with article 15 below.

8. Delivery terms

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

8.1 Delivery

ORIENTIS GOURMET delivers to several countries. For more details, please click here.

No delivery can be made to a country not included in this list. If this were the case, the order would not be taken into consideration.

Delivery Times: Products are delivered within an average of four (4) working days, including order preparation time, in mainland France. Orders placed on the Website on Friday afternoons, Saturdays or Sundays will only be processed on the following Monday. Furthermore, orders placed on the Website on a public holiday will only be processed on the next working day.

In the event of exceptional operations (e.g. private sales, clearance sales, etc.) organised by ORIENTIS GOURMET or a third-party partner on the Website, Products will be delivered within six (6) working days in mainland France (including Corsica).

Delivery costs: Delivery costs are at your expense and are added to the price of the Products. They vary depending on the chosen delivery method, the destination country, and the amount and, where applicable, the total weight of the order.

All delivery terms (areas served, indicative delivery times, proposed delivery methods, and associated costs) are specified on the "Delivery and Returns" page, accessible at any time via a link at the bottom of the Website page. You are invited to read it before placing your order.

In the event of a free delivery offer or a reduction in delivery costs linked to a promotional operation or reaching a certain order amount, this information is specified on the Website at the time of placing the order and, where applicable, on the "Deliveries and Returns" page.

Delivery address: The order is delivered to the delivery address you have chosen and provided when placing your order. You have the option to provide a delivery address different from your billing address. The information indicated and recorded during the order is binding. In the event of an error in the recipient's contact details, ORIENTIS GOURMET cannot be held responsible for any inability to deliver the Product(s) due to this error, and in this case, ORIENTIS GOURMET will not be able to make a second delivery. Furthermore, the price of the order may be reimbursed to you after the returned package is received at the ORIENTIS GOURMET warehouse.

Transfer of risks: Products travel at the risk of ORIENTIS GOURMET. The risks of loss or damage to the Products are transferred to the Customer only upon delivery of the Products to the address indicated by the latter in accordance with Article L. 216-4 of the Consumer Code.

The Customer is required to check the apparent condition of the package and products upon delivery.

Anomalies: In case of anomaly (damaged package, missing or deteriorated products, etc.), the Customer must make all necessary reservations to the carrier and inform ORIENTIS GOURMET as soon as possible by email to the address contactfr@kusmitea.com.

The absence of reservations upon delivery does not affect the Customer's rights under legal guarantees of conformity and hidden defects, as stated in Article 10 of these General Terms and Conditions of Sale.

In the event that the damage is attributable to transport, ORIENTIS GOURMET will offer the Customer, in accordance with articles L. 217-1 et seq. of the Consumer Code, the repair or replacement of the Product, or, if these solutions prove impossible or disproportionate, a total or partial refund of the price paid.

The return of any damaged or non-compliant Product under the legal guarantees cannot be refused by ORIENTIS GOURMET. For all other returns, the Customer is invited to contact customer service beforehand to arrange the return procedure.

8.2 Click & Collect – In-store pick-up

ORIENTIS GOURMET offers, for a selection of Products identified by a "Available for Click & Collect" sticker on the product page, the option to pick up the Order in certain KUSMI TEA stores located in mainland France, Belgium, and Luxembourg.

If one or more Product(s) in your cart are not eligible for the "click & collect" service, this delivery option will not be suggested when choosing your delivery method during checkout, and only standard delivery methods will be offered.

Two (2) free samples included randomly with your order.

Once your cart is complete, when choosing your delivery method during checkout, select the "Pick up in store" option and choose the store where you wish to pick up your order from the selection provided.

Once your order is finalised, you will receive an order confirmation by e-mail, at the address you provided, specifying your order number, the list of Products ordered and their prices, the total amount of your order, the time frame for making your order available, as well as the contact details and opening hours of the store you selected. You can track the progress of your order at any time by logging into your customer account.

The standard timeframe for making your order available is twenty-four (24) hours, depending on the availability of the ordered products in store. Despite all the care taken in preparing orders, it is possible that one or more Product(s) in stock at the time of your order may no longer be available when the order is prepared.

To pick up your order in store, present your order confirmation (SMS, email or printed confirmation) as well as your valid ID directly at the checkout.

The Customer has a period of one (1) month to collect their order from the store concerned. After a period of one (1) month from the message informing you that your order is available for in-store collection, the sale will be automatically terminated. The Customer will then be reimbursed for the price of the order.

9. Right of withdrawal

In application of the provisions of articles L.221-18 et seq. of the Consumer Code, you have a right of withdrawal that you can exercise within a maximum period of fourteen (14) clear days from the day of receipt of the Products concerned or from the receipt of the last Product covered by your order if it was delivered in several instalments, without having to justify the reason. When the period of fourteen (14) days expires on a Saturday, Sunday, or public holiday, it is extended until the next working day.

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

Return via form:

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

ORIENTIS GOURMET

Kusmi Tea Customer Service

Prologis DC5 Building – Cell A

Parc du Hode Zone 5

76430 St VIGOR D’YMONVILLE

Upon receipt of your request, Customer Service will contact you using the contact details provided in the Form to arrange the return of the Products subject to the withdrawal.

Return via your customer account:

You can submit your request directly from your customer account, in the "My orders" section, using the "Request a return" button integrated into your order history.

Withdrawal process:

1.      Log in to your customer account and access the relevant order. 

2.      Click the "Request a return" button. 

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

4.      A summary e-mail of your request will be automatically sent to you. 

5.      Our Customer Service Department will check the validity of the request; a confirmation e-mail will then be sent to you with return instructions. 

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

ORIENTIS GOURMET – Customer Service 

Kusmi Tea e-commerce returns 

Prologis Building DC5 – A Unit 

Parc du Hode Zone 5 – Port 5521 

76430 SAINT VIGOR D’YMONVILLE 

Products cannot be returned in store and return costs remain the responsibility of the Customer.

Refunds (including delivery costs - in accordance with articles L. 221-20 et seq. of the French Consumer Code) will be issued within fourteen (14) days from the date on which ORIENTIS GOURMET is informed of your decision to withdraw and at the latest on the day of effective recovery of the Products by ORIENTIS GOURMET or on the day you provide proof of shipment of the Products. Reimbursement will be made via the payment method used at the time of purchase, with the exception of Products purchased using a KUSMI TEA Gift Card or e-Gift Card, for which the refund will be in the form of a new e-Gift Card, valid for one (1) year from its issue date. A refund confirmation email will be sent to you.

Within the framework of the loyalty program, whose conditions are detailed in our General Terms and Conditions of Adherence to the "KusmiKlub" loyalty program, in case of exercising your right of withdrawal, the loyalty points acquired when placing the order will be removed from your customer area as soon as Customer Service has approved your return request and the Products have been refunded to you, unless you have already used the purchase voucher acquired with the corresponding points. 

Refunds can only be made if the retraction and dispatch of the Products have been carried out within the time limit and under the conditions referred to above, and if the Products are returned in perfect condition, in their original packaging, accompanied by all eventual accessories, instructions for use and documentation. 

Unsealed and/or inseparably mixed Products with other Products, Products made to customer specifications or clearly personalized, and Products likely to deteriorate or expire quickly will not be reimbursed, in accordance with article 221-28 of the Consumer Code. 

For KUSMI TEA e-gift cards (whose general terms of use are described in article 12), the right of withdrawal can only be exercised if the KUSMI TEA e-gift card has not been used in whole or in part.

Only the Customer is able to exercise this right of withdrawal. In the event that delivery was made to a person other than the customer, this right cannot be exercised by the said recipient of the order concerned.

If you have made a donation through the L'ARRONDI solution, its amount cannot be refunded if you exercise your right of withdrawal.

When an order has been placed with a promotional code offering a discount linked to the simultaneous purchase of a predetermined number of items, the return of one or more item(s) may result in the termination of the discount if the number of items required to apply the discount is no longer met. The refund will then take into account the fact that the discount is no longer applicable.

10. Garanties

Products sold by ORIENTIS GOURMET (a simplified joint-stock company, registered with the Paris Trade and Companies Register under number B 350 283 057 and with its registered office at 89 avenue Niel 75017 Paris (Intracommunity VAT number: FR71 350 283 057) benefit from 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 French Civil Code), the terms of application of which are set out in the box below:

Legal Guarantee of Conformity

The consumer has a period of two years from the delivery of the goods to obtain the implementation of the legal guarantee of conformity in the event of the appearance of a lack of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date of its appearance.

The legal guarantee of conformity implies an obligation for the professional, where applicable, to provide all necessary updates to maintain the conformity of the goods.


The legal guarantee of conformity entitles the consumer to the repair or replacement of the goods within thirty days of their request, free of charge and without major inconvenience to them.


If the goods are repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee.


If the consumer requests the repair of the goods, but the seller imposes replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the goods.


The consumer may obtain a reduction in the purchase price by keeping the goods or terminate the contract by being fully reimbursed against return of the goods, if:

1° The professional refuses to repair or replace the goods;

2° The repair or replacement of the goods occurs after a period of thirty days;

3° The repair or replacement of the goods causes a major inconvenience for the consumer, particularly when the consumer definitively bears the costs of recovery or removal of the non-conforming goods, or if they bear the costs of installing the repaired or replacement goods;

4° The non-conformity of the goods persists despite the seller's unsuccessful attempt to bring them into conformity.

The consumer also has the right to a reduction in the price of the goods or to the termination of the contract when the lack of conformity is so serious that it justifies the price reduction or termination of the contract being immediate. The consumer is then not obliged to request the repair or replacement of the goods beforehand.


The consumer is not entitled to cancel the sale if the non-conformity is minor.


Any period during which the goods are immobilised for repair or replacement shall suspend the remaining warranty period until the repaired goods are delivered.


The rights mentioned above result from the application of articles 
L. 217-1 to L. 217-32 of the Consumer Code.

Warranty against hidden defects

The consumer also benefits from the legal warranty against hidden defects in application of articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This warranty entitles the consumer to a price reduction if the goods are kept, or a full refund upon return of the goods.

 

These warranties must be implemented with ORIENTIS GOURMET's customer service at contactfr@kusmitea.com within the deadlines provided above, upon presentation of proof of purchase.

However, you are solely responsible for the choice of Products and their storage from the time of delivery and their use. Under no circumstances can ORIENTIS GOURMET guarantee that the order will meet your specific expectations.

These provisions do not exclude the right of withdrawal defined in Article 9 above.

The legal conformity warranty applies regardless of any commercial warranty that may be granted by ORIENTIS GOURMET.

Exclusion of warranties

Articles modified, repaired or added by the Customer are excluded from warranty. The warranty will not apply to apparent defects. The warranty will not cover items damaged during transport or due to misuse. 

11. Retention of title

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

In accordance with articles L. 216-4 and L. 216-5 of the Consumer Code, the above provisions do not prevent the transfer to the Customer, at the time of delivery, of the risks of loss or damage to the Products subject to the retention of title.

12. KUSMI TEA gift cards and e-gift cards

The Customer has the possibility to purchase gift cards or e-gift cards to give as a gift or for personal use.

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

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

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

Purchase of KUSMI TEA Gift Cards and e-Gift Cards

Gift card for a predefined amount of choice: €30 (thirty euros), €60 (sixty euros) or €100 (one hundred euros) available in KUSMI TEA stores located in metropolitan France (excluding corners and department stores), in Belgium and Luxembourg.

E-Gift Card available for purchase on the Website for a predefined amount of choice: €30 (thirty euros), €60 (sixty euros) or €80 (eighty euros).

Dematerialized E-Gift Card sent to the email address designated by the Customer at the time of purchase, immediately after purchase. In the event of exercising the right of withdrawal under the conditions defined in Article 9 above, this will only apply on condition that the KUSMI TEA e-Gift Card has not been used in whole or in part. 

ORIENTIS GOURMET declines all responsibility for a previously activated KUSMI TEA Gift Card or e-Gift Card that has expired, been lost, stolen or damaged, as well as in the event of an error, particularly in the recipient's email for the e-Gift Card, or fraudulent use of the code.

The KUSMI TEA Gift Card and e-Gift Card are not reloadable and cannot be resold, exchanged, or refunded, even partially, particularly in the event of loss, theft, destruction, fraudulent use, expiry, or closure of a KUSMI TEA store.

Validity

Valid for a period of one (1) year from the date of purchase. When the validity period of the KUSMI TEA Gift Card or e-Gift Card has expired, it can no longer be used for purchases, reactivated, or give rise to any refund of the unused amount. 

Use 

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

The KUSMI TEA Gift Card and e-Gift Card are not nominative. 

The KUSMI TEA Gift Card and e-Gift Card can be used in one or more instalments. 

If the total amount of the purchase is greater than the total value of the KUSMI TEA Gift Card or e-Gift Card, it can be supplemented by another payment method accepted on the Website or in the Stores. 

The balance of the KUSMI TEA Gift Card or e-Gift Card can be consulted in store.

The purchase of a KUSMI TEA Gift Card or e-Gift Card does not allow for the accumulation of points on the KusmiKlub account. However, any purchase of Products on the Website or in the Stores using a KUSMI TEA Gift Card or e-Gift Card allows for the accumulation of points on the relevant KusmiKlub account, according to the scale mentioned in the General Terms and Conditions of Membership for the "KusmiKlub" loyalty program. 

Limited liability

ORIENTIS GOURMET declines all responsibility for a previously activated KUSMI TEA Gift Card or e-Gift Card that has expired, been lost, stolen or damaged, as well as in the event of an error, particularly in the recipient's email for the e-Gift Card, or fraudulent use of the code.

13. Complaints

Complaints or disputes will always be received with attentive consideration, good faith always being presumed in those who take the trouble to explain these situations. In the event of a complaint, you can primarily contact ORIENTIS GOURMET to obtain an amicable solution, by writing to ORIENTIS GOURMET, 89 avenue Niel 75017 Paris or by sending your emails to contactfr@kusmitea.com.

14. Liability

ORIENTIS GOURMET cannot be held liable for the non-performance or improper performance of the contract due to the Customer, to an unforeseeable and insurmountable act of a third party to the contract, or to a case of force majeure within the meaning of article 1218 of the Civil Code, as interpreted by case law.

No stipulation herein shall have the effect of limiting or excluding ORIENTIS GOURMET’s liability beyond what is permitted by applicable mandatory laws, or of depriving the Customer of their legal rights, particularly under the legal guarantee of conformity and the guarantee against hidden defects, the contents and terms of exercise of which are specified in Article 10 above.

15. Personal Data Protection and Cookies

ORIENTIS GOURMET collects personal data as part of the sale of Products. The provisions relating to the processing of this data are described in our Privacy Policy and the Cookies Policy of this Site.

If the Customer does not wish to be subject to telephone solicitation by companies of which they are not a customer, they can register on the telephone solicitation opposition list via the website www.bloctel.gouv.fr.  

16. Proof

The Customer acknowledges that the ordering procedure and these General 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 undertakes, in accordance with the principles governing electronic contracts, not to challenge the validity of the contract solely because of its electronic conclusion by ORIENTIS GOURMET. In the event of a dispute, ORIENTIS GOURMET may prove that its electronic tracking system is reliable and guarantees the integrity of the transaction.

17. Applicable Law - Dispute - Mediation

Language and Applicable Law:

These General Terms and Conditions of Sale and the sale of Products are governed by French law, without prejudice to any more protective mandatory provisions applicable to consumers by virtue of the law of their habitual place of residence, in accordance with Article 6 of Regulation (EC) No. 593/2008 of June 17, 2008, known as "Rome I".

The GTC are written in French. Translations may be made available to customers for informational purposes only. In case of divergence of 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 recognized by the legislation of their habitual country of residence.

Consumer Dispute Mediation:

National or cross-border disputes that may arise concerning the validity, interpretation, execution or non-execution, interruption or termination of any contract concluded under the conditions set out in these General Terms and Conditions of Sale, may be submitted to mediation at your request, before any legal action is taken to find an amicable solution.

ORIENTIS GOURMET adheres to the E-commerce Mediator Service of FEVAD (Federation of E-commerce and Distance Selling).

Before any request for mediation, you must send a written complaint to ORIENTIS GOURMET at contactfr@kusmitea.com. If this approach does not lead to a solution within a reasonable time, you can contact the FEVAD e-commerce Mediator:

  • By mail: the contact details are as follows:  Médiateur de la consommation FEVAD, BP 20015 - 75362 PARIS CEDEX 8
  • Via its website: https://www.mediateurfevad.fr.

After consumers have made a written approach to ORIENTIS GOURMET, the Mediator Service can be contacted for any consumer dispute whose resolution has not been successful. To learn how to contact the Mediator, click here.

However, the dispute cannot be examined by the mediator if:

  • You have not previously attempted to resolve the dispute directly with ORIENTIS GOURMET through a written complaint.
  • The request is manifestly unfounded or abusive.
  • The dispute has been previously examined or is currently being examined by another mediator or by a court.
  • You submitted your request to the mediator more than one year after your written complaint to ORIENTIS GOURMET.
  • The dispute does not fall within its scope of competence.

Consumer mediation is free for the consumer, who retains the right to be assisted or represented by counsel at their own expense. Recourse to mediation is an option available to the consumer and does not constitute a mandatory prerequisite for bringing a matter before the competent court.

Online Dispute Resolution:

In accordance with Regulation (EU) No 524/2013 of May 21, 2013, you also have the possibility to use the European online dispute resolution platform, accessible at the following address : https://consumer-redress.ec.europa.eu/index_fr

Jurisdiction:

In the event of mediation failure or if you do not wish to use it, French courts will have jurisdiction over 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").