These Terms of Use (hereinafter referred to as the “Terms of Use” or the “ToU”), set out below, govern access to and use of the Site by any adult natural or legal person (hereinafter the “User”). You must therefore read them before using the Site.

The Site’s Terms of Use are supplemented by the General Terms and Conditions of Sale concerning the terms applicable to any purchase made on the Site, as well as the “Privacy Policy” and the “Cookie Policy”, available on the Site.

The GTU are accessible at any time via a link at the bottom of the Site page.

Any access to or use of the Site implies full, complete and unconditional acceptance of these General Terms of Use. If you do not wish to accept all or part of them, you are requested to refrain from using the Site.

You acknowledge that these Terms of Use constitute a complete and exclusive agreement between you and ORIENTIS GOURMET regarding your use of the Site.

ORIENTIS GOURMET reserves the right to amend the terms, conditions and notices of the Terms of Use at any time, which shall be deemed accepted as soon as they are consulted by the User.

ORIENTIS GOURMET’s failure to enforce a right or clause shall not constitute a waiver of its right to do so at a later date.

ORIENTIS GOURMET undertakes to exercise all due care in implementing the service offered to you. 

The Site endeavours to provide accurate and up-to-date information. However, this information is provided for guidance only and is not contractual in nature. Furthermore, this information must be considered at the time it is published online and not at the time the Site is consulted.

To the fullest extent permitted by applicable law, and without prejudice to the rights mandatorily guaranteed to consumers by their national legislation, ORIENTIS GOURMET accepts no liability in the event of:

Interruption, malfunction or unavailability of access to the Site;

Damage resulting from improper use of the Site or incorrect configuration of your computer;

Damage of any kind resulting from fraudulent intrusion by a third party leading to modification of information made available on the Site;

Technical, hardware or software failure of any kind, including risks of contamination by viruses circulating on the network;

Loss of data due to a malfunction of the User’s computer or network;

Failure due to a force majeure event within the meaning of Article 1218 of the Civil Code, as clarified by case law.

No provision herein shall have the effect of limiting or excluding ORIENTIS GOURMET’s liability beyond what is permitted by applicable mandatory laws, or of depriving the User of their statutory rights.

Furthermore, the User undertakes to:

Do not use the Site for unlawful purposes or purposes contrary to applicable laws;

Do not circumvent technical limitations (e.g. data scraping);

Respect third-party intellectual property rights.

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

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

The Site and all elements (including but not limited to: texts, logos, names, trademarks, designs, models, images, sound elements, software, icons, layout, databases, domain names, photographs, graphic charter, animated or non-animated sequences, with or without sound, etc.) appearing on the Site, as well as their compilation, are the exclusive property of ORIENTIS GOURMET or are subject to a third-party authorisation or licence for use. ORIENTIS GOURMET grants the User no licence, authorisation or right other than that of consulting the Site. Any reproduction or representation, in whole or in part, on any medium, of any element appearing on our Sites is strictly prohibited, except for a copy for private, individual, personal, non-transferable and non-commercial use, subject to compliance with intellectual property rights and any other proprietary rights mentioned. Any assignment or licence of any of the constituent elements of the Site is subject to the prior written authorisation of ORIENTIS GOURMET, and any offender may face legal proceedings.

ORIENTIS GOURMET accepts no liability in the event of misuse and/or unauthorised use of these elements.

ORIENTIS GOURMET may organise games and competitions on the Site. Participation in these games or competitions requires your active involvement, in particular by completing an entry form or entering a participation code.

Notwithstanding the rules of the promotional game or competition relating to the participation in question, the prizes are available exclusively while stocks last. Furthermore, prizes won may neither be transferred nor exchanged and may not be subject to any form of compensation.

You may subscribe to the KUSMI TEA newsletter in order to receive information about news and events relating to the brand, products, the Site and its partners, in one of the following ways:

by entering your email address in the dedicated field under the wording “Sign up for our newsletter to receive your exclusive code” from the Site homepage or in the areas available on the “Advice” page

by entering your email address in the dedicated field in the Site footer under the wording “Sign up and benefit from all our offers and new products.”

by ticking the box “I subscribe to the Newsletter to receive exclusive offers and the latest news.” when registering for the “KusmiKlub” loyalty programme

You may unsubscribe from the KUSMI TEA newsletter at any time by clicking on the unsubscribe link located at the bottom of each newsletter and entering your email address.

You may subscribe to KUSMI TEA SMS campaigns to receive information about KUSMI TEA news and events by ticking the box “I receive offers by SMS.” when registering for the “KusmiKlub” loyalty programme.

You may unsubscribe from KUSMI TEA SMS campaigns at any time by sending the words “Stop SMS” to the number indicated in each SMS sent by ORIENTIS GOURMET.

Language and applicable law:

These Terms of Use 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 User of the mandatory rights granted to them by the legislation of their country of habitual residence.

Without prejudice to the mandatory provisions of the law applicable in the User’s country of residence, these Terms of Use are governed by French law.

Mediation:

National or cross-border disputes that may arise concerning the validity, interpretation, performance or non-performance of these Terms of Use may be submitted to mediation at your request.

For this purpose, in accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, ORIENTIS GOURMET is a member of the FEVAD E-commerce Mediator Service (Federation of E-commerce and Distance Selling), whose contact details are as follows: FEVAD Consumer Mediator, BP 20015 - 75362 PARIS CEDEX 8 - https://www.mediateurfevad.fr.

After consumers have first submitted a written complaint to ORIENTIS GOURMET, the Mediator Service may be referred to for any consumer dispute that has not been 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.

Jurisdiction:

In the event that mediation fails or if you do not wish to use it, only the French courts shall have jurisdiction.

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