General Terms and Conditions of Sale Switzerland

GENERAL TERMS AND CONDITIONS OF SALE

 

Dated 01.04.2026

ORIENTIS GOURMET creates and markets, directly and indirectly, products of the KUSMI TEA brand as well as related accessories. 

These general terms and conditions of sale (hereinafter referred to as the "General Terms and Conditions of Sale" or the "GTC") apply to all orders placed on the KUSMI TEA brand website www.kusmitea.com (hereinafter referred to as the "Website"), except with the express written waiver of ORIENTIS GOURMET.

Where a situation is not covered by these terms, the distance selling rules of the location of ORIENTIS GOURMET's registered office shall apply.

ORIENTIS GOURMET reserves the right to modify the terms, conditions and notices of the T&Cs at any time. Nevertheless, the T&Cs applicable to the order are those accepted by the Customer at the time of placing their order.

The failure of ORIENTIS GOURMET to enforce at any given time any of the clauses in these GTC shall under no circumstances be interpreted as a waiver of the right to enforce any of the said clauses at a later date.

If any provision of these General Terms and Conditions of Sale is declared unenforceable, all other provisions shall remain in force.

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

The T&Cs can be accessed at any time via a link at the bottom of the Site page and on the order confirmation page. ORIENTIS GOURMET encourages the Customer to download and keep them.

 

1.    Scope

The purpose of the General Terms and Conditions of Sale is to define the legal framework and conditions applicable to the sale by ORIENTIS GOURMET of products offered on the Website (hereinafter referred to as the “Product(s)”) to any consumer customer, an individual not acting in the course of a business activity, aged at least 18 years old and having legal capacity (hereinafter the “Customer”). Consequently, you must read them carefully before placing any order on the Website.

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 a complete and exclusive agreement between you and ORIENTIS GOURMET concerning your order.

 

2.    Identity of the Seller

 

ORIENTIS GOURMET

Simplified Joint-Stock Company (Société par Actions Simplifiée)

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

89 avenue Niel 75017 Paris (France)

Intra-community 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 icon at the top right of the Website, by entering your email address and 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.

 

Customer account login: You can access your account directly at any time by clicking on the "Log in" page, accessible via the icon in 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.

  

4.    Orders and validity of offers 

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 legal requirements for online sales and consumer protection, in particular Articles L. 111-1 and L. 111-2 of the French Consumer Code.

 

ORIENTIS GOURMET warrants that the Products have been handled with all necessary care to ensure their conformity with the description shown 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 opening the product sheet of the Product you wish to buy by clicking on its photo, you select the desired packaging, then click on "Add to basket". Your selections will be automatically added to your basket,

2.      Either by clicking directly on the “basket” icon when the Product is displayed (i.e. without clicking on the photo and opening the Product’s product sheet), select the desired packaging format 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 "Checkout" at the bottom right. You will then have the option to add a promotional code by entering the code into the dedicated "Discount code or gift card" field and clicking "Apply" so that it is 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 side 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 on "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 you were able, prior to concluding the contract, to know the essential characteristics of the Products (nature, quantity, substantial qualities, etc.), their price, the accepted payment methods, the delivery timeframe and restrictions, the timeframe, conditions and terms for exercising the right of withdrawal as well as the 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 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 honour orders placed on the Website, subject to the limitations set out below, and in particular within the limit of available stocks, under the terms hereof which you declare having consulted and accepted upon validating your order.

 

Any order will only be processed after 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 of the amount of the out-of-stock Product, using 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 when placing your order. 

ORIENTIS GOURMET reserves the right to refuse, limit or cancel non-compliant, suspicious orders, or orders placed in bad faith or in breach of the T&Cs, as well as to refuse any order from a Customer with whom any prior or ongoing dispute exists.

The Products and samples offered on the Website are intended 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 a 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) complimentary samples are offered to you (excluding click & collect orders). You can select them in "My basket" once you have added one or more Product(s) to the basket, by clicking on "Select your complimentary samples" and ticking up to two (2) samples. Samples cannot be refunded or compensated in any way. If you do not select your samples, the order will not include any samples.

From CHF 89 (eighty-nine) of purchases: free delivery in Switzerland. Offer can be combined with all permanent offers set out in this article subject to applicable conditions.

Loose tea refill offer: Volume discount on the tea refill 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 on your birthday by email ("birthday email"), provided you have entered your date of birth in your KusmiKlub account. On your birthday: one (1) free 20g Kusmi Tea tin from the selection within thirty (30) calendar days from your birthday, with 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 stores located in mainland France (excluding concessions 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 Website, a similar product of its choice without this entitling the Customer to any compensation whatsoever.

For more information about the "KusmiKlub" loyalty programme, you can consult our General Terms and Conditions of Membership to the "KusmiKlub" loyalty programme.

ORIENTIS GOURMET reserves the right to modify these offers at any time, its liability cannot be incurred as a result thereof, and no compensation or indemnity may be claimed on this basis.

5.    Price

Displayed prices are stated in CHF inclusive of all taxes (VAT and all other taxes at the rates applicable in Switzerland 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 of order confirmation. The latter may be modified subsequently, without notice. Prices do not include the contribution to postage and delivery costs, which may vary depending on the amount, the weight of the order and/or the country of delivery (Delivery and returns) which are indicated before the order is confirmed 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 relating to the delivery of the order other than transport costs described and invoiced when concluding your order on the Website. 

 

6.    Payment terms

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

Payments are made by:

v  Payment card: Mastercard, Visa, American Express, Carte Bancaire. Your 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 the payment following the instructions provided.

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

v  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 information you provided when adding your card to the Apple Wallet app. For more information regarding the security of transactions between Apple Pay and your banking institution, please contact Apple.

v  Gift card or e-Gift card (the terms of use of which are described in Article 10 below).

 

The Customer warrants to ORIENTIS GOURMET that they have any necessary authorisations to use the chosen payment method. To this end, you notably guarantee that you are the holder of the bank card to be debited and that the name appearing on it is indeed yours.

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.

 

7.    Payment Security

The payment security protocol used is Shopify Payments, provided by Shopify International Limited (an Irish Private Company Limited by Shares, registered in the Irish Companies Registration Office under no. 560279 and whose registered office is 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 thanks to the SSL protocol and complies with the PCI-DSS Level 1 standard (confirmed by the appearance of "https" in your browser's address bar).   

Payments in 3 instalments are secured 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, 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 approved partners. For more information, please consult 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.

 

8.    Delivery terms

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 delivery can be made to a country not included on this list or to PO boxes. If this is the case, the order cannot be processed.

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

In the event of exceptional operations (e.g. private sales, seasonal sales, etc.) organised by ORIENTIS GOURMET or by a third-party partner on the Site, 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 notably on the delivery method chosen, the destination country, as well as the amount and, where applicable, the total weight of the order.

All delivery details (delivery areas, estimated delivery times, available 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 pages. You are advised to consult this information before placing your order.

In the event of a free delivery offer or reduced delivery charges resulting from a promotional campaign or reaching a certain order threshold, this information is specified on the Site when placing the order and, where applicable, on the "Deliveries and returns" page.

Delivery address: The order is delivered to the delivery address you selected and entered when placing your order. You may provide a delivery address that is different from your billing address. You are responsible for the information provided and recorded when ordering. 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 a case, ORIENTIS GOURMET will not be able to carry out a second delivery. Furthermore, the order price may be refunded to you once the returned parcel is received at the ORIENTIS GOURMET warehouse.

Transfer of risks: 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 provided 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. 

Discrepancies: In the event of an issue (damaged parcel, missing or damaged Products, etc.), the Customer must register all necessary reservations with the carrier and notify 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-compliant Product under statutory warranties cannot be refused by ORIENTIS GOURMET. For any other return, the Customer is invited to contact customer service beforehand to arrange return details.

 

8.2   Click & Collect – In-store collection

For a selection of Products identified with a "Available for Click & Collect" sticker on the product page, ORIENTIS GOURMET offers Order collection in selected 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 full, when choosing your delivery method during the checkout process, select the “Collect in store” option and choose the boutique where you wish to collect your order 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. 

 

9.    Right of withdrawal

Pursuant to the provisions of Articles L.221-18 et seq. of the French Consumer Code, you have a right of cancellation which you may exercise within a maximum period of fourteen (14) clear days from the day of receipt of the relevant Products or receipt of the last Product covered by your order if it was delivered in several instalments, without having to provide any reason. When the fourteen (14) day period expires on a Saturday, Sunday, or public holiday, 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 organise the return arrangements for the Products subject to the cancellation.

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 then go to the relevant order. 

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

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 sent to you automatically. 

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 the 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 take place within fourteen (14) days from the date on which ORIENTIS GOURMET is informed of your decision to cancel and at the latest on the date of the actual recovery of the Products by ORIENTIS GOURMET or the date on which you provide proof of shipment of the Products. It 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 made in the form of a new e-Gift Card, valid for one (1) year from its date of issue. A refund confirmation email will be sent to you.

As part of the loyalty programme, the terms of which are detailed in our General Terms and Conditions of Membership to the "KusmiKlub" loyalty programme, in the event that you exercise your right of cancellation, the loyalty points earned when placing the order will be deducted from your customer account as soon as 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. 

The refund can only be issued if the withdrawal and the return of the Products have been carried out within the timeframe and conditions set out above, and provided that the Products are returned in perfect condition, in their original packaging, complete with any accessories, instructions for use and documentation. 

Products that have been unsealed and/or inextricably mixed with other Products, Products made to customer specifications or clearly personalised, and Products likely to deteriorate or expire rapidly will not be refunded, in accordance with Article 221-28 of the French Consumer Code. 

For KUSMI TEA e-Gift Cards (the general terms and conditions of use of which are described in Article 12), the right of cancellation may only be exercised on the condition that the KUSMI TEA e-Gift Card has not been used in full 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 have made a donation via the L'ARRONDI solution, its amount cannot be refunded should 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.

 

10.  Guarantees 

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 with its registered office located 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's customer service at contactfr@kusmitea.com within the timeframes set out above, upon presentation of proof of purchase.

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

 

11.  Retention of Title

In accordance with the 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, upon the due date agreed 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 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.

 

12.  KUSMI TEA E-Gift Cards

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

These terms and conditions govern the purchase, use, and validity of a KUSMI TEA e-gift card available on the Website only (referred to as the "KUSMI TEA e-Gift Card").

 

Purchase of KUSMI TEA e-gift cards

E-gift card available for purchase on the Site in predefined amounts of your choice: CHF 30 (thirty), CHF 60 (sixty), or CHF 80 (eighty).

Digital e-gift card sent immediately after purchase to the email address specified by the Customer at the time of purchase. Should the right of withdrawal be exercised under the conditions defined in Article 7 above, it may only apply provided that the KUSMI TEA e-gift card has not been used in whole or in part. 

ORIENTIS GOURMET accepts no liability for a previously activated KUSMI TEA 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 the e-Gift Card, or fraudulent use of the code.

The KUSMI TEA e-gift card cannot be reloaded and cannot be resold, exchanged, or refunded, even partially, particularly in the event of loss, theft, destruction, or fraudulent use.

 

Validity

Valid for a period of one (1) year from the date of purchase. When the validity period of the KUSMI TEA e-Gift Card has expired, it can no longer be used for purchases, nor reactivated, nor give rise to any refund of the unused balance.

 

Use 

The KUSMI TEA e-Gift Card is a payment instrument that can only be used to pay for all or part of a purchase in CHF made on the Website. 

The KUSMI TEA e-Gift Card is non-transferable. 

The KUSMI TEA e-gift card can be used in one or more instalments 

If the total purchase amount exceeds the total value of the KUSMI TEA e-Gift Card, the remaining balance may be paid using another payment method accepted on the Website or in Stores. 

The purchase of a KUSMI TEA e-Gift Card does not allow you to earn points on your KusmiKlub account. However, any purchase of Products on the Website or in Boutiques using a KUSMI TEA e-Gift Card allows you to earn points on the relevant KusmiKlub account, according to the scale set out in the General Terms and Conditions of Membership to the "KusmiKlub" loyalty programme.

 

Limited liability

ORIENTIS GOURMET accepts no liability for a previously activated KUSMI TEA 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 the e-Gift Card, or fraudulent use of the code.

13.  Complaints

Claims or disputes will always be received with attentive goodwill, good faith always being presumed in anyone who takes the trouble to set out their situation. In the event of a claim, you may contact ORIENTIS GOURMET as a priority to reach an amicable solution, by writing to ORIENTIS GOURMET, 89 avenue Niel 75017 Paris or by emailing 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 unpredictable and insurmountable act of a third party to the contract, or to 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 have the effect of limiting or excluding ORIENTIS GOURMET's liability beyond what is permitted by applicable mandatory laws, nor of depriving the Customer of their statutory rights, in particular under the legal guarantee of conformity and the guarantee against hidden defects, the scope and exercise of which are detailed in Article 10 above.

 

15.  Personal Data Protection and Cookies

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

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.  

16.  Evidence

The Customer acknowledges that the ordering process and these General Terms and Conditions are entered into 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 agrees, 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.

17.  Applicable Law - Disputes - Mediation

 

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 provisions that may be more protective and applicable to the consumer under the law 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 French. Translations may be made available to customers for information purposes only. In the event of any discrepancy in interpretation between a translated version and the French version, the latter shall prevail, without this depriving the consumer of the mandatory rights granted to them by the legislation of their country of habitual residence.

 

Consumer Dispute Mediation:

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

ORIENTIS GOURMET is a member of the FEVAD (Federation of e-commerce and distance selling) e-Commerce Mediation Service.

Prior to any mediation request, you must send a written complaint to ORIENTIS GOURMET at the following address: contactfr@kusmitea.com.

If this process does not lead to a solution within a reasonable time, you may refer the matter to the FEVAD e-Commerce Ombudsman:

-         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 a prior written approach by consumers to ORIENTIS GOURMET, the Ombudsman Service may be contacted for any consumer dispute that has not been settled. To find out how to refer a matter to the Ombudsman, 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 option to be assisted or represented by legal counsel at their own expense. 

Recourse to mediation is an option available to the consumer and does not constitute a mandatory prerequisite to bringing an action before the competent court.

 

Online dispute resolution:

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

Jurisdiction:

In the event that mediation fails or if you do not wish to use it, the French courts shall have jurisdiction over any dispute relating to this contract, without prejudice to the rights you may have pursuant to Regulation (EU) No 1215/2012 of 12 December 2012 known as "Brussels I bis".