The General Terms and Conditions of Sale set out the legal framework and terms governing the sale by ORIENTIS GOURMET of products offered on the Site (hereinafter referred to as the "Product(s)") to any consumer customer, being an individual not acting in the course of a business or profession, aged at least 18 and having legal capacity (hereinafter the "Customer"). You must therefore read them carefully before placing any order on the Site.

Any purchase on the Site implies compliance with and full, complete and unconditional acceptance of all the General Terms and Conditions of Sale. If you do not wish to accept all or part of them, you are asked to refrain from making your purchase.

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

ORIENTIS GOURMET

Simplified Joint-Stock Company (Société par Actions Simplifiée)

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 via the "Sign In" page accessible via the icon at the top right of the Site by entering your email address and clicking "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 into your customer account: You can access your account directly at any time by clicking on the "Sign In" page, accessible via the icon at the top right of the Site, entering your email address and clicking "Continue".

To validate your registration or login, you must enter the six (6)-digit code received at the email address previously provided. This code may only be used once and will expire fifteen (15) minutes after receipt.

Information relating to Products

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

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

As the perfect representation of Products on the Site cannot be fully guaranteed, particularly due to differences in colour rendering by internet browsers and/or display monitors, we invite you to refer to the description of each Product for its precise characteristics.

The system thus implemented requires active participation on your part. It complies with the statutory requirements governing online sales and consumer protection, in particular Articles L. 111-1 and L. 111-2 of the French Consumer Code.

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

Order placement procedure

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

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

2.      Alternatively, by clicking directly on the "basket" icon when the Product is displayed (i.e. without clicking on the photo to access the product page), you select the desired packaging size so that it is added directly to your basket.

Products will automatically be added to your basket with a default quantity of “1”. You may then change this quantity to order several Products of the same reference in your basket summary, which will open automatically, according to the procedure below. You may also cancel one of the Products previously selected by clicking the “DELETE” button to the right of the quantity selector.

Once you have added all desired Products to your basket, click on "Proceed to Checkout" at the bottom right. You will then have the option to add a promotional code by entering said code in the dedicated field "Discount code or gift card" and clicking "Apply" for it to be taken into account. Promotional codes and other temporary discounts cannot be combined.

You will then need to complete a form specifying, in particular, certain mandatory fields. Your selection can only be taken into account once this form has been duly completed and submitted.

To finalise 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 an obligation to pay." and click "Pay now" or "Pay as a guest".

Your order can no longer be amended or cancelled once you have received the email confirming your order. However, you may amend 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 French Consumer Code, you acknowledge that, prior to concluding the contract, you were able to review the essential characteristics of the Products (nature, quantity, substantial qualities, etc.), their price, accepted payment methods, delivery times and restrictions, as well as the deadline, conditions, and procedures for exercising the right of withdrawal and the exclusions from 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 entails an 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 relevant box, then click the « Pay now » or « Pay as guest » button. Ticking the box referred to above is an essential condition for validating your order.

Providing the required information appearing on the Site, paying for your order and confirming it by clicking the “Pay now” or “Pay as guest” button constitutes full and unconditional acceptance of these General Terms and Conditions of Sale. They shall be the only terms applicable to the contract thus concluded.

ORIENTIS GOURMET undertakes to fulfil orders placed on the Site, subject to the limitations set out below, and in particular subject to stock availability, under the terms hereof, which you confirm having reviewed and accepted upon confirming your order.

Orders will only be processed upon receipt of full payment for the Products and will be confirmed by ORIENTIS GOURMET by email. 

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

Limitations

In the event of an out-of-stock situation, ORIENTIS GOURMET undertakes to inform you by email at the email address you provided as soon as possible. ORIENTIS GOURMET will then offer you a refund for the amount of the out-of-stock Product, via the payment method used when placing your order. ORIENTIS GOURMET may also provide you with the restocking time required 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 with no specific restocking timeframe, ORIENTIS GOURMET will offer you a refund for the ordered Product via the payment method used during your order. 

ORIENTIS GOURMET reserves the right to refuse, limit or cancel non-compliant or suspicious orders, or those placed in bad faith or in breach of the T&Cs, 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 the Products and samples 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 the purchase of Gift Cards and e-Gift Cards)

Samples: For any purchase with no minimum order amount, two (2) free samples are offered (excluding orders delivered via Click & Collect). You can select them in "My Basket" once you have added one or more Product(s) to your basket, by clicking on "Select your complimentary samples" and ticking up to two (2) samples. Samples cannot be refunded or exchanged for any compensation. If you do not select your samples, the order will not include any samples.

Free delivery: complimentary delivery from a minimum spend specified on the "Delivery and returns" page. This offer can be combined with all permanent offers set out in this Article in accordance with the applicable conditions.

Loose tea refills offer: Volume discount on the refill of the tea of your choice: 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 on the purchase of multiple refills of the same reference in a single transaction. Offer not valid on Le Thé White Alain Ducasse, Petit déjeuner à l'Elysée, Matcha, and Karavan refills.

For KusmiKlub members: Offer sent by email on your birthday ("birthday email"), provided you have entered your date of birth in your KusmiKlub account. On your birthday: one (1) complimentary Kusmi Tea 20g tea tin from the selection, valid within thirty (30) calendar days from your birthday, on any purchase (excluding purchases with KusmiKlub points) reaching the minimum spend stated in the birthday email.

The terms are as follows:

• on any purchase in Kusmi Tea boutiques located in mainland France (excluding concession stands and Department Stores), Belgium or Luxembourg upon presentation of the birthday email 
•  for any order on the Site by entering the single-use code sent to you in the birthday email in your basket when placing your order, in the « promotional code » field.

Upon expiry 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 respect.

The gift may not be exchanged, refunded or transferred, and may not give rise to any form of compensation.

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

For more information on the "KusmiKlub" loyalty programme, you may consult our Terms and Conditions of Membership for the "KusmiKlub" Loyalty Programme.

ORIENTIS GOURMET reserves the right to modify these offers at any time; no liability may be incurred in this respect, and no compensation or indemnity may be claimed on this basis.

The prices displayed are expressed in Euros including all taxes (VAT and all other taxes at the rates applicable in mainland France and in force at the time of the order).

These are net prices including the price of the Products, handling, packaging and storage costs. Prices are valid as of the date of order validation. They may subsequently be modified without prior notice. Prices do not include delivery and shipping charges, which may vary depending on the total amount, order weight and/or delivery country (Deliveries and Returns), which are displayed prior to order confirmation by the Customer. 

The price stated in the order confirmation is the final price, including VAT, for deliveries in mainland France.

If one or more taxes or contributions, including environmental taxes or contributions, are created or amended, whether increased or decreased, this change may be reflected in the sale price of the Products.

Any order delivered outside mainland France (including Corsica) may be subject to additional local taxes and customs duties, not included in the price of the Products or in the order confirmation, which shall remain entirely the responsibility and expense of the Customer. Indeed, the carrier may request customs charges from you at the time of delivery. Any customs duties and taxes relating to the delivery of an item shall be borne by the Customer and are the Customer's sole responsibility.

Under no circumstances shall ORIENTIS GOURMET be required to bear any additional costs related to the delivery of the order other than the shipping costs described and billed when completing your order on the Site. 

Payment for Products purchased on the Site must be made in full when the order is placed. 

Payments are made by:

Payment card: Mastercard, Visa, American Express, Carte Bancaire. Your payment card will be debited upon confirmation of your order (excluding the USA).

PAYPAL: by selecting this payment method, you will be redirected to the PAYPAL website to complete your payment following the instructions provided.

KLARNA: by selecting this payment method, you will be redirected to the KLARNA website to complete your payment following the instructions provided.

APPLE PAY: by selecting this payment method, you will be prompted to confirm your payment via the Apple Wallet interface using one of the authentication methods provided by Apple (Face ID, Touch ID, or passcode). Apple Pay encrypts all the information you provided when registering your card in the Apple Wallet application. For more information regarding the security of transactions carried out between Apple Pay and your banking institution, please contact Apple directly.

ALMA: for 3-instalment payments with no added fees on purchases of sixty (60) euros or more (including shipping costs). By selecting this payment method, you will be redirected to the ALMA website to complete your payment following the instructions provided. The Alma payment system accepts Visa, MasterCard, American Express and Cartes Bancaires issued by banking institutions in France. A payment schedule will then be presented to you, with the first third debited immediately. Once your payment is accepted, in addition to your KUSMI TEA order confirmation, you will receive a payment confirmation email from ALMA. Please note: credit is a binding agreement that must be repaid. Please check your repayment capacity before committing.

Gift Card or e-Gift Card (the general terms of use of which are set out in Article 12 below).

The Customer guarantees to ORIENTIS GOURMET that they hold any permissions necessary to use their chosen payment method. To this end, you specifically guarantee that you are the holder of the payment card to be debited and that the name appearing on it 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 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 the “Download invoice” button on the selected order the day after the order is placed.

The payment security protocol used is Shopify Payments, provided by Shopify International Limited (an Irish private company limited by shares (Private company limited by shares), registered in the Irish Companies Registration Office under no. 560279 and whose registered office is located 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. Accordingly, your payment card details are not stored on the Site, and your payment can only be viewed in encrypted form using the SSL protocol, fully compliant with the PCI-DSS Level 1 standard (confirmed by the appearance of "https" in your browser's address bar).   

Secure 3-instalment payments are handled by Alma and its service providers. All payments are protected by 3D Secure. Alma SAS is accredited as a payment institution and financing company by the Autorité de contrôle prudentiel et de résolution (ACPR) under number 90786, which can be viewed 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). The Customer's personal data is processed and stored in accordance with the GDPR. Bank details are stored with Alma's authorised partners. For further information, please see Alma's Privacy and Data Management Policy.

You have, at any time, the right to access, rectify and object to all your personal data 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 delivers to several countries. For more details, please click here .

No deliveries can be made to a country not appearing on this list. Should this occur, the order cannot be processed.

Delivery times: Products are delivered within an average period of four (4) working days, including order preparation time, in metropolitan France. Please note that orders placed on the Site on Friday afternoon, Saturday, or Sunday will only be processed on the following Monday. Furthermore, orders placed on the Site on a public holiday will only be processed on the following working day.   

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

Delivery costs: Delivery costs are payable by you and are added to the price of the Products. They vary depending, in particular, on the chosen delivery method, the destination country, the order total and, where applicable, the total weight of the order.

All delivery terms (delivery areas, indicative delivery times, available delivery methods, and associated costs) are detailed on the "Delivery and returns" page, accessible at any time via a link at the bottom of the Site. You are encouraged to review them before placing your order.

In the event of a free delivery offer or reduced delivery fees linked to a promotional campaign or the achievement of a certain order amount, this information will be specified on the Site at the time of placing the order and, where applicable, on the "Delivery and returns" page.

Delivery address: The order is delivered to the delivery address you selected and entered when placing your order. You have the option to enter a delivery address different from your billing address. You are responsible for the accuracy of the information provided and recorded during the order process. In the event of an error in the recipient's contact details, ORIENTIS GOURMET cannot be held liable for any resulting inability to deliver the Product(s), and in such case, ORIENTIS GOURMET will not be able to carry out a second delivery. Furthermore, the order price may be refunded to you after the returned parcel has been received at the ORIENTIS GOURMET warehouse.

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

The Customer must check the apparent condition of the parcel and the Products upon delivery. 

Anomalies: In the event of an anomaly (damaged parcel, missing or damaged Products, etc.), the Customer must formulate all necessary reservations with the carrier and inform ORIENTIS GOURMET as soon as possible by email at contactfr@kusmitea.com.

The absence of reservations upon delivery does not affect the Customer's rights under the statutory warranties of conformity and hidden defects, as referred to 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 French Consumer Code, the repair or replacement of the Product, or, if these solutions prove impossible or disproportionate, a full or partial refund of the price paid.

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

8.2 Click & Collect – Boutique Collection

ORIENTIS GOURMET offers, for a selection of Products identified by a "Available via Click & Collect" badge on the product page, the collection of the Order in certain KUSMI TEA boutiques located in metropolitan France, Belgium, and Luxembourg. 

If one or more Product(s) in your basket are not eligible for the « click & collect » service, this delivery option will not be offered when you choose your delivery method at checkout, and only standard delivery methods will be available to you. 

Two (2) complimentary samples randomly included in your order. 

Once your basket is complete, when selecting your delivery method during checkout, select the "Collect in Store" option and choose your preferred boutique from the selection provided.

Once your order has been finalised, you will receive an order confirmation by 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 date on which your order will be available, and the contact details and opening hours of the store you selected. You may track the progress of your order at any time by logging into your customer account.

The standard time for making your order available is twenty-four (24) hours, subject to the availability of the products ordered in store. Despite every care taken in preparing orders, one or more Product(s) in stock when you place your order may no longer be in stock when it is prepared. 

To collect your order in store, present your order confirmation (SMS, email or printed confirmation) and a valid form of identification directly at the checkout.

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

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

To exercise your right of withdrawal, you may 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") and return it to us at the following address:

ORIENTIS GOURMET

Kusmi Tea Customer Service

Prologis DC5 Building – Unit 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 in order to arrange the return procedures for 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.  

Cancellation process:

1.      Log in to your customer account, then navigate to the relevant order. 

2.      Click on the "Request a return" button. 

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

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

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

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

ORIENTIS GOURMET – Customer Service

Kusmi Tea E-Commerce Returns

Bâtiment Prologis DC5 – Cellule A

Parc du Hode Zone 5 – Port 5521

76430 SAINT VIGOR D’YMONVILLE

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

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

Under the loyalty programme, the terms of which are detailed in our Terms and Conditions of Membership for the "KusmiKlub" Loyalty Programme, if you exercise your right of withdrawal, the loyalty points earned when placing the order will be deducted from your customer account once Customer Service has approved your return request and the Products have been refunded to you, unless you have already used the voucher earned with the corresponding points. 

Refunds can only be made if the withdrawal and dispatch of the Products were carried out within the timeframe and conditions set out above, and provided the Products are returned in perfect condition, in their original packaging, accompanied by any accessories, instructions for use and documentation. 

Unsealed Products and/or Products inseparably mixed with other Products, Products made to the customer's specifications or clearly personalised, and Products likely to deteriorate or expire rapidly will not be refunded, in accordance with Article L. 221-28 of the French Consumer Code. 

For KUSMI TEA e-Gift Cards (the general terms of use of which are set out in Article 12), the right of withdrawal may only be exercised on condition that the KUSMI TEA e-Gift Card has not been used, either in whole or in part.

Only the Customer may exercise this right of withdrawal. Where delivery has been made to a person other than the customer, this right may not be exercised by the said recipient of the relevant order.

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

Where an order has been placed using 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 discount ending where the number of items required for the discount to apply is no longer met. The refund made will then take into account the fact that the discount no longer applies.

The Products sold by ORIENTIS GOURMET (a French simplified joint-stock company (Société par Actions Simplifiée), registered with the Paris Trade and Companies Register under number B 350 283 057 and whose registered office is at 89 avenue Niel, 75017 Paris (Intra-Community 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 (Articles 1641 et seq. of the French Civil Code), the terms of application of which are set out in the box below:

These guarantees must be claimed from ORIENTIS GOURMET customer service at contactfr@kusmitea.com within the time limits set out above, upon presentation of proof of purchase.

However, you are solely responsible for your choice of Products, as well as their storage from the time of delivery and their subsequent 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 guarantee of conformity applies independently of any commercial guarantee that may be granted by ORIENTIS GOURMET.

Exclusion of warranties

Items modified, repaired or added by the Customer are excluded from the warranty. The warranty shall not apply to apparent defects. The warranty shall not cover items damaged during transport or as a result of improper use. 

In accordance with the French Law of 12 May 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 due date agreed between the parties. The Products therefore remain the property of ORIENTIS GOURMET until full payment of the orders has been received. 

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

The Customer may purchase gift cards or e-gift cards to give as gifts or to treat themselves.

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

a KUSMI TEA gift card (referred to as the "KUSMI TEA Gift Card") available exclusively in boutiques (excluding concession stands and Department Stores) located in mainland France, Belgium and Luxembourg (hereinafter the "Boutiques");

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

Purchase of KUSMI TEA Gift Cards and e-Gift Cards

Gift card of a predefined amount of your choice: €30 (thirty euros), €60 (sixty euros) or €100 (one hundred euros) available in KUSMI TEA boutiques located in mainland France (excluding concession stands and Department Stores), Belgium and Luxembourg.

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

Digital e-Gift Card sent to the email address specified by the Customer at the time of purchase, immediately after purchase. In the event of exercising the right of withdrawal under the conditions set out in Article 9 above, it may only apply on condition that the KUSMI TEA e-Gift Card has not been used, either in whole or in part. 

ORIENTIS GOURMET accepts no liability for any previously activated KUSMI TEA Gift Card or e-Gift Card that is expired, lost, stolen, or damaged, nor in the event of an error, notably in the recipient's email address for an e-Gift Card, or fraudulent use of the code.

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

Validity

Valid for one (1) year from the date of purchase. Once the validity period of the KUSMI TEA Gift Card or e-Gift Card has expired, it may 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 may only be used to pay for all or part of a purchase made in euros on the Site or in Stores.

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

The KUSMI TEA Gift Card and e-Gift Card may be used once or several times 

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

The balance of the KUSMI TEA Gift Card or e-Gift Card can be checked in Store.

The purchase of a KUSMI TEA Gift Card or e-Gift Card does not allow you to earn points on your KusmiKlub account. However, any purchase of Products on the Site or in Boutiques using a KUSMI TEA Gift Card or e-Gift Card allows you to earn points on the relevant KusmiKlub account, in accordance with the scale specified in the Terms and Conditions of Membership for the "KusmiKlub" Loyalty Programme. 

Limited liability

ORIENTIS GOURMET accepts no liability for any previously activated KUSMI TEA Gift Card or e-Gift Card that is expired, lost, stolen, or damaged, nor in the event of an error, notably in the recipient's email address for an e-Gift Card, or fraudulent use of the code.

Complaints or disputes will always be received with attentive goodwill, as good faith is always presumed in anyone who takes the time to explain these matters. In the event of a complaint, you should contact ORIENTIS GOURMET in the first instance to seek an amicable solution, by writing to ORIENTIS GOURMET, 89 avenue Niel 75017 Paris, or by emailing contactfr@kusmitea.com.

ORIENTIS GOURMET cannot be held liable for the non-performance or improper performance of the contract resulting from the Customer's own act, the unforeseeable and insurmountable act of a third party to the contract, or an event of force majeure within the meaning of Article 1218 of the French Civil Code, as interpreted by case law.

Nothing in these terms shall operate to limit or exclude the liability of ORIENTIS GOURMET beyond what is permitted by mandatory applicable law, nor deprive the Customer of their statutory rights, in particular under the legal guarantee of conformity and the warranty against latent defects, the contents and terms of exercise of which are set out in Article 10 above.

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

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

The Customer acknowledges that the ordering process and these General Terms and Conditions are concluded online and constitute an "electronic contract" within the meaning of Articles 1125 et seq. of the French 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 on the grounds 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 that it guarantees the integrity of the transaction.

Language and applicable law:

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

The GTC are drafted in the French language. Translations may be made available to customers for informational purposes only. In the event of any discrepancy between a translated version and the French version, the latter shall prevail, without prejudice to any mandatory statutory rights granted to the consumer under the laws of their country of habitual residence.

Mediation of consumer disputes:

Domestic or cross-border disputes that may arise regarding the validity, interpretation, performance or non-performance, interruption or termination of any contract concluded under the conditions set out in these General Terms and Conditions of Sale may, at your request, be submitted to mediation prior to any legal action, in order to reach an amicable solution.

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

Prior to any mediation request, you must submit a written complaint to ORIENTIS GOURMET at the following address: contactfr@kusmitea.com. If this process does not lead to a satisfactory resolution within a reasonable timeframe, you may contact the FEVAD E-Commerce Mediator:

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

Following prior written steps taken by consumers with ORIENTIS GOURMET, the Mediation Service may be contacted for any consumer dispute that has not been successfully resolved. To find out how to refer a matter to the Mediator, click here.

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

• You cannot demonstrate that you have first attempted to resolve the dispute directly with ORIENTIS GOURMET by means of a written complaint.
• The request is manifestly unfounded or abusive.
• The dispute has previously been 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 submitting a written complaint to ORIENTIS GOURMET.
• The dispute does not fall within its jurisdiction.

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

Online Dispute Resolution:

In accordance with Regulation (EU) No 524/2013 of 21 May 2013, you also have the option 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 mediation, the French courts will have jurisdiction over any dispute relating to this contract, without prejudice to the rights you hold pursuant to Regulation (EU) No 1215/2012 of 12 December 2012, known as "Brussels I bis".