Updated 01.10.2024
LEGAL NOTICE
- The site www.kusmitea.com was developed by Orientis Gourmet, Société par Actions Simplifiée [simplified joint stock company] with share capital of
€11,494,590.79, registered in the Paris Trade and Companies Register under number B 350,283,057 and headquartered at 89 avenue Niel, 75017 Paris, France.
Intracommunity VAT number: FR71 350 283 057
Phone number: 01 58 71 22 00
Publishing Director: Sylvain Orebi
Contact: contacten@kusmitea.com
- Site hosted by: Salesforce.com EMEA
private Limited Company (Ltd) au capital de 100,000 GBP
Village 9, Floor 26 Salesforce Tower; 110 Bishopsgate, Londres, UK EC2N 4AY"
Registration number at the Registrar of Companies for England and Wales: 05094083
VAT: 05094083
Telephone: +44(0)203 1477600.
The Website was created by: Salesforce.com EMEA Ltd.
IMPLEMENTATION AND ENFORCEABILITY
OF THE GENERAL TERMS OF SALE AND USE
Orientis Gourmet, Société par Actions Simplifiée [simplified joint stock company], registered in the Paris Trade and Companies Register under number B 350,283,057 and headquartered at 89 avenue Niel, 75017 Paris, France, creates and directly and indirectly markets Kusmi Tea and Løv Organic brand products and accessories.
Thank you for visiting the Kusmi Tea brand website at www.kusmitea.com, (hereinafter referred to as “the Site”).
These general terms of sale and use (hereinafter referred to as “General Terms of Sale and Use”), enacted below, exclusively govern the sale of our products on the Site, thereby requiring that you review them prior to using the Site in any way.
Any access or use of the Site implies compliance and the full, complete, and unconditional acceptance of the entire General Terms of Sale and Use. If you do not wish to accept all or part of these terms, please refrain from using the Site.
Orientis Gourmet reserves the right to modify the terms, conditions, and notice in the General Terms of Sale and Use and legal notice. These modifications are deemed to have been accepted unconditionally from the moment you access the Site after they have been posted.
The failure of Orientis Gourmet to invoke any of the clauses of the General Terms of Sale and Use at a given time can in no way be interpreted as waiving the right to invoke any of said clauses at a later time.
You acknowledge that these General Terms of Sale and Use constitute a complete and exclusive agreement between you and Orientis Gourmet regarding your use of the Site.
GENERAL TERMS OF SALE
The General Terms of Sale and Use apply to all orders placed on the Site, regardless of the clauses that may appear on the purchaser’s documents.
When a situation is not addressed herein, the distance selling regulations of Orientis Gourmet’s head office shall apply.
Orientis Gourmet offers appearing on the Site are for individuals only. Orientis Gourmet reserves the right to refuse to extend its offers to any professional dealer and to cancel any order at any time that has been placed by a professional, from the date of the order up to twelve (12) months following the expected delivery date. Offers appearing on the Site are systematically excluded from the purchase of a Gift Card or e-Gift Card.
Any product available on the Site (hereinafter referred to as “Product(s)”), including any samples, are intended only for personal use. You therefore agree not to sell or resell Orientis Gourmet Products and samples that you purchase or receive.
Orientis Gourmet reserves the right to cancel, limit, or reduce the quantity of any order that may have been made in violation of the General Terms of Sale and Use.
1. Orders and Offer Validity
1.1 Order Procedure
A detailed description of the Products is available when viewing individual Products on the Site.
The system, as implemented, assumes an active effort from you. It complies with the legal requirements for online sales and consumer protection.
To order the Products you want, there are two options:
a. Go to the product page for the Product you would like to purchase by clicking its photo, selecting the packaging you want, and then clicking “Add to cart”. Your selections will automatically be added to your cart.
b. Place a quick order by clicking “Add to cart” directly on the Product overview (without clicking the photo and going to the product page). The Product will then be added to your cart.
Products will always be added to your cart with the quantity “1” by default. You can then update the quantity when viewing your cart by clicking “Cart”, as described in the procedure below.
You have the option to select multiple quantities of the same Product by changing the quantity in your cart view. You can also remove a previously selected Product by clicking the “X” button at the top-right corner of each Product.
Once you have added all the Products you want to the cart, you can add a coupon code by entering that code into the “Promo code” field and then clicking “OK” to submit it. Coupon codes cannot be combined with other discounts. Only coupon codes and other discounts specific to the Site (ex. ongoing promotions) will be accepted on the Site.
To confirm your order, click the “Checkout” button or “PayPal” in the right column of your cart.
· If you have not yet created a customer account:
You can either (i) be redirected to a page where you can place an order as a guest, without creating an account, or (ii) create an account using the “Log in” button and then clicking the “Create account” button. Follow the instructions and enter your email address along with the other required information, and then click “Create account”.
You also have the option of creating an account through Facebook Connect by entering your Facebook credentials and clicking “Login with Facebook” and filling out the form with your complete shipping and billing information. You can also choose to create an account through Google by clicking “Login with Google”.
Your customer account will then be created, and you will receive a new account confirmation email at the email address you provided.
By creating your customer account, you acknowledge having read and unconditionally accepted the General Terms of Sale and Use and the Personal Data Protection Privacy Policy.
· If you have already created a customer account:
If you haven't yet logged in to your customer account, you can get direct access to your account by clicking on "Log in," which will allow you to enter your credentials (email address and password) and click on the "Log in" button.
Next, choose an address from your list of saved addresses, or enter a new one under the "Address Book" tab, and select a delivery method from the list provided. If you have already logged in to your customer account, you will be sent directly to this page.
To confirm your selections, click on "Next: Payment."
Choose your payment method, confirm your order details, check the box that reads " Terms and Conditions" then click on "Confirm and proceed to payment" to finalize your order.
If you forget any of these steps, your order will be invalid.
You will not be able to modify or cancel your order once we have approved the order details and you have received your order confirmation email.
1.2 Order Acceptance
Orientis Gourmet undertakes to accept orders placed on the Site, while supplies last, within the terms herein, which you must acknowledge and accept when you confirm the order.
Pursuant toArticles L.111-1 et seq. and L.121-17 of the French Consumer Code, you acknowledge that you were able, before entering into the contract, to learn about the key characteristics of the Products (nature, quantity, substantial qualities, etc.), their price, the accepted payment methods, the shipping time and restrictions, the delay, the terms and methods for exercising your right of withdrawal, and the exclusions to that right. (For more information on exercising your right of withdrawal, see Article 6 below.)
Before entering into the sales contract, you will see an order confirmation on your screen, detailing your entire order and the prices, including tax (excluding shipping costs and any additional taxes or customs duties), where you will be able to modify or cancel your order. To confirm the purchase order, you must acknowledge that placing your order entails the obligation to pay for it in full, and you must expressly acknowledge and accept the General Terms of Sale and Use by checking the associated boxes and then clicking the “Confirm and proceed to payment” button. Checking the abovementioned boxes is a basic requirement before confirming your order.
The act of completing the order confirmation on the Site, paying for your order, and confirming it by clicking the “Confirm and proceed to payment” implies your full and unconditional acceptance of these General Terms of Sale and Use.The General Terms of Sale and Use shall be the only terms applicable to the contract thus entered. For any purchase on our Site, you will receive a confirmation email containing your order number, details of the Products ordered, and information you can use to track the processing and shipment of the Products.
1.3 Limitations
If Products are out of stock, Orientis Gourmet undertakes to notify you as quickly as possible at the email address you provided. Orientis Gourmet will then offer to refund you the amount of the Product that is out of stock through the payment method you used for your order. Orientis Gourmet will also notify you of when the Product will be back in stock or offer you an alternative Product of an equivalent value.
Orientis Gourmet is unable to handle the remainder of such orders. That is, if a Product is out of stock and there is no estimate of when the Product will be in stock again, Orientis Gourmet will offer you a refund for the Product you ordered through the payment method you used for your order.
Orders will be accepted only after the full payment for the Products has been received, and Orientis Gourmet will confirm the order by email.
Orientis Gourmet reserves the right to cancel all orders that are non-compliant, suspicious, or made in bad faith and to refuse any order from a customer with whom any past or present dispute exists.
1.4 Ongoing Promotions
Ongoing promotions exclude e-Gift Card purchases.
For all purchases with no minimum order amount and by checking the "I agree to receive samples with my order” box, you will receive at least two (2) free samples (excluding orders delivered by click & collect). Samples are randomly selected and cannot be chosen by the buyer, nor can they be refunded or compensated in any way. If you do not check the box, the order will not include a sample.
For orders of €100.00 (one hundred euros) or more, one (1) pair of blue and yellow Kusmi Tea mugs (or an equivalent product) will be included with your order.
For orders of €150.00 (one hundred fifty euros) or more, one (1) box from the offered selection will be included with your order.
Orientis Gourmet reserves the right to modify these promotions at any time. Its liability cannot be engaged by such modifications, and no compensation or damages can be claimed.
2. Prices
For countries outside the EU:
The prices shown are expressed in euros, excluding taxes. Any applicable taxes (including VAT) at the time of the order will be added at the time of payment for the order.
For countries within the EU*:
The prices shown are expressed in euros, with all taxes included (VAT and any other taxes, based on applicable taxes at the time of the order).
* Excluding the following destinations: Jungholz and Mittelberg (AT), Heligoland and Büsingen (DE), Livigno and Campione d’Italia (IT), Ceuta, Melilla, and the Canary Islands (ES), New Caledonia, Saint-Barthélemy, Wallis and Futuna, French Polynesia, Saint Martin, Guadeloupe, French Guiana, Martinique, Réunion Island, Mayotte (FR), Jersey, Guernsey, Isle of Man, and Gibraltar (GB)
These are net prices that include the price of the Products, handling, packing, and storage. Prices are valid as of the date when the order is confirmed. Prices are subject to change in the future, without prior notice. They do not include shipping and delivery costs, which may vary depending on the total amount, the weight of the order, and/or the delivery country and which are stated before the purchaser confirms the order.
The price shown on the order confirmation is the final price.
If one or more taxes or contributions, such as environmental contributions, are created or modified upward or downward, that change may be reflected in the sales price of the Products.
Any order shipped to somewhere outside of mainland France (including Corsica) may be subject to local taxes and/or additional customs fees not included in the price of the Products or on the order confirmation, which must be paid in full by the purchaser, under the purchaser’s sole responsibility. Any customs tax may be requested by the carrier upon delivery.
Under no circumstances will Orientis Gourmet be held liable for additional expenses related to the shipment of the order outside of transportation expenses described and billed when your order is placed on the Site.
3. Payment Terms
Payment for Products purchased on the Site shall be made in full at the time of order. Products remain the property of Orientis Gourmet until the order has been paid in full.
Payments are made by credit card (MasterCard, Visa, or American Express), PayPal,bank transfer, or Gift Card or e-Gift Card (whose general terms of use are described in Articles 19 and 20 below). However, a gift card cannot be used to purchase another gift card.
Your credit card will be charged upon confirmation of your order. The purchaser guarantees Orientis Gourmet that he/she has the necessary authorization(s) to use the chosen payment method.
As such, you guarantee that you are the owner of the credit card and that your name appears on the card.
Orientis Gourmet reserves the right to put a hold on any order or shipment in the event of non payment or a payment incident (incorrect bank information, insufficient funds in the customer’s account, etc.).
A paid invoice showing what the order includes will be sent by email.
4. Payment Security
Payments are secured by Ayden or PayPal, depending on your chosen payment method (both are PCI DSS Level 1 payment providers), using the PCI DSS protocol SSL. This guarantees that personal information transmitted over the internet is kept fully confidential. Your credit card information is not stored on the Site, and your payment is viewable only in an encrypted format (confirmed by the appearance of "https" in the URL displayed in your browser).
Your bank information is stored on the servers of Ayden or PayPal, in an encrypted format, only for the exact length of time needed to manage the customer relationship and never for longer than three (3) years from your last order.
Pursuant to the EU General Data Protection Regulation (GDPR) no. 2016/679, you have a right to access, rectify, and object to all of your personal data at any time, with proof of your identity, under Article 11 below.
5. Shipping
Orientis Gourmet guarantees that the Products have been treated with all necessary care to ensure their compliance with the description that appears on the Site on the date of the order.
Orientis Gourmet ships to multiple countries. For the list of countries we ship to and for more information, please click here.
Shipments will not be made to a country not appearing in the list or to P.O. boxes. Such orders will not be accepted.
The average shipping times for each country are available here. Orders placed on the Site on Friday afternoon, Saturday, or Sunday will be processed on the following Monday. In addition, orders placed on the Site on a holiday will be processed on the next business day.
Finally, for exclusive offers (ex. private sales, sales, etc.) arranged on the Site by Orientis Gourmet or an outside partner, shipping times may be an average of two (2) days longer.
Shipping rates depend on the destination country and the order weight.They are available here.
The order is shipped to the delivery address you selected and indicated when placing your order. You have the option to provide a shipping address that is different from your billing address. You are bound to the information that you provide and save at the time of the order. In the event of an error in the shipping information, Orientis Gourmet will not be held liable for the Product(s) being unable to be delivered as a result of the error, and in such a situation, Orientis Gourmet will not be able to send out a second shipment.
Products are shipped at the risk of Orientis Gourmet. The risks are transferred to the customer when the Products are delivered to the address specified by the customer.
Orientis Gourmet guarantees that the Products are in perfect condition when handed over to the carrier. If the Product(s) are damaged, the customer must notify the carrier of their reservations, in writing, at the time of delivery or within four (4) hours after delivery. A copy of these reservations must then be emailed to Orientis Gourmet at contacten@kusmitea.com or submitted via the contact form here no later than twelve (12) hours after being provided to the carrier within the specific time period.
If the above procedure has been followed and it is proven that the reservations are due to the fact that the package and/or Products are damaged, Orientis Gourmet will, at its sole discretion, issue the customer a credit, refund the paid price to the customer, or send the customer a new shipment of similar Products.
No unauthorized return of Products to Orientis Gourmet will be accepted.
6. Right of Withdrawal
Pursuant to the provisions of EU Directive 2011/83 of October 25, 2011, on consumer rights, you have a right of withdrawal that you can exercise within no more than fourteen (14) full days from when the relevant products were received or when the last Product of your order was received, if your order included multiple shipments, with no need to justify your decision. When the fourteen (14) days ends on a Saturday, Sunday, holiday, or non-working day, the period is extended to the next business day.
To exercise your right of withdrawal, please print, fill out, and sign this form (here) (hereinafter the “Form”) and then send it to us at the following address:
ORIENTIS GOURMET
Service Client Kusmi Tea
Bâtiment Prologis DC5 – Cellule A
Parc du Hode Zone 5
76430 St VIGOR D’YMONVILLE
FRANCE
or email it to us at: contacten@kusmitea.com
Upon receipt of your request, Customer Service will contact you using the information provided on the Form to arrange a return of the Products affected by the withdrawal.
Packages must be returned to the following address:
ORIENTIS GOURMET – Service Client
Retours e-commerce Kusmi Tea
Bâtiment Prologis DC5 – Cellule A
Parc du Hode Zone 5 – Port 5521
76430 SAINT VIGOR D’YMONVILLE
FRANCE
Products cannot be returned to a store, and customers are responsible for return costs and other taxes (customs taxes, VAT, etc.).
Refunds (including shipping costs) will be issued within fourteen (14) days from the date when Orientis Gourmet was notified of your decision to withdraw and no later than the date when your Products are actually received or the date when you provide proof of having shipped the Products, whichever comes first. No customs fees can be refunded by Orientis Gourmet. Refunds will be issued 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 issued in the form of a credit.
Refunds can be made only if the withdrawal and shipment of the Products are carried out within the deadline and as set forth above and if the Products are returned in perfect condition, in their original packaging, and accompanied by all accessories, instructions, and documentation.
Products that have been unsealed and/or irreversibly mixed with other Products, Products made to the customer’s specifications or clearly personalized, and Products that may deteriorate or expire quickly will not be refunded.
Only the customer is capable of exercising this right of withdrawal. If the delivery has been made to someone other than the customer, this right cannot be exercised by the person who received the order.
As for a Kusmi Tea e-Gift Card purchased on the Site, the return information detailed herein applies only if the e-Gift Card has not been used, whether fully or partially, before the end of this period. If it has been used, no right of withdrawal may be exercised, and no refund may be issued in any form.
When an order is placed with a coupon code offering a discount involving the simultaneous purchase of a predetermined number of items, returning one or more item(s) may have the effect of nullifying the discount when the number of items needed for the discount to apply is no longer met. The refund will then be adjusted to account for the discount no longer being applicable.
7. Compliance - Guarantee against defects:
Compliance
The Products are subject to the conditions of the legal guarantees of compliance provided for in Articles L.217-4 to L.217-14 of the French Consumer Code. Thus, in accordance with Article L.217-4 of the Consumer Code, ORIENTIS GOURMET shall deliver a good in compliance with the contract and shall address compliance defects that exist at the time of delivery. ORIENTIS GOURMET is also responsible for compliance defects resulting from the packaging, the assembly instructions, or the installation when responsible for such action under the contract or carried out under its responsibility.
Pursuant to Article L.217-5 of the Consumer Code, the good shall comply with the contract: 1. If it is appropriate for the use normally expected of similar goods and, if necessary:
- if it corresponds to the description given by the seller and has the qualities the seller presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer, or by their representative, particularly in advertising or labeling;
2. Or if it has the characteristics established by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller, and accepted by the seller.
This guarantee must be implemented by Customer Service within a period of two (2) years from the delivery of the product concerned, upon presentation of a proof of purchase.
Warranty Against Latent Defects
Pursuant to the provisions of Articles 1641 et seq. of the French Civil Code, Orientis Gourmet is bound to a warranty on account of the “latent defects of the thing sold which render it unfit for the use for which it was intended, or which so impair that use that the buyer would not have acquired it, or would only have given a lesser price for it, had he known of them.”
In the event of a legal warranty action:
In the event of a noncompliant shipment, you have up to twenty-four (24) months after the date when the Products were delivered to act. Moreover, you are not required to provide proof of the noncompliance within the six (6) months following the delivery of the Products.
In the event of a noncompliance, you may choose between the repair or replacement of the product. However, the seller may not proceed with the purchaser’s choice if that choice involves a cost that is clearly disproportionate with respect to the other option, given the value of the product or the significance of the defect. The seller is then bound to proceed, unless doing so is possible, according to the method not selected by the purchaser.
If the warranty against latent defects is implemented:
Pursuant to Article 1644 of the French Civil Code, you have the choice either of returning the thing and having the price repaid to you or of keeping the thing and having a part of the price repaid to you, as appraised by experts.
The action resulting from the latent defects must be brought by the purchaser within two (2) years from when the defect was discovered, in accordance with Article 1648 of the French Civil Code.
8. Retention of Ownership
The Products shipped to you are sold with no retention of ownership. Transfer of ownership is subject to the full payment of the price of the Products, by the date agreed between the parties. Products therefore remain the property of Orientis Gourmet until orders have been paid in full.
TERMS OF USE
9. Liability
Orientis Gourmet undertakes to provide all the necessary care for implementing the service offered to you.
The Site provides you with information (photos and text) for information purposes only, as is, with all its imperfections, errors, omissions, inaccuracies, and other ambivalences that may exist and are in no way contractual. Moreover, this information must be accounted for when it is put online and not when the Site is viewed.
Orientis Gourmet accepts no responsibility for:
- any disruption, malfunction, or unavailability affecting access to the Site;
- any misuse or misconfiguration of your computer;
- any damages of any nature whatsoever, resulting from a fraudulent intrusion by a third party causing changes to the information made available on the Site;
- any failure due to force majeure, including, without limitation, disasters, strikes, fires, floods, failures or breakdowns of transportation equipment, communication, or the actions of customers;
- any indirect damage, including loss of profits, loss of income, loss of data, and/or loss of customers that may result from the use of the Site or the inability to use it.
In any event, regardless of the reason for calling Orientis Gourmet into question, its liability is limited to the lesser of: (i) the amount of direct damage suffered by the customer or (ii) the price of the order.
10.Personal Data Protection and Cookies
Orientis Gourmet collects personal data in connection with the use of the Site. The provisions related to how this data is processed are described in our Privacy Policy.
11.Intellectual Property
All elements (text, logo, trademarks, images, sounds, software, icons, formatting, database, and domain names) appearing on the Site are the exclusive property ofOrientis Gourmetor require authorization to use.Any reproduction or representation, in full or in part, through any medium, of any element appearing on the Site is strictly prohibited, with the exception of a copy for private, individual, personal, nontransmissible, and noncommercial use in accordance with intellectual property rights and any other property rights mentioned.Any sale or license of a component of the Site is subject to the prior written authorization ofOrientis Gourmet, with anyone breaching this provision running the risk of prosecution.
Orientis Gourmetaccepts no responsibility for the abuse and/or unauthorized use of these elements.
12.Claim
The Products offered comply with applicable European legislation. Orientis Gourmet cannot be held liable for failure to comply with the laws of the country to which the Products are shipped. The customer is responsible for checking with local authorities about importing or using the Products they would like to order.
Claims and disputes will always be heard with due respect, always assuming the good faith of the person going through the effort of reporting these situations.
For a claim, please contact Orientis Gourmet first to reach an amicable solution by writing to Orientis Gourmet, 89 avenue Niel, 75017 Paris FRANCE or by sending an email to contacten@kusmitea.com.
13.Disputes – Applicable Law
The rights and obligations of the parties are governed by French law, including the distance selling regulations (Articles L.121-16 to L.121-20 of the French Consumer Code), the Trust in Digital Economy Act of June 21, 2004, the Act on Information Technology, Data Files, and Civil Liberties of January 6, 1978, and the rules on the mediation of consumer disputes (Articles L.151-1 et seq. of the French Consumer Code).
National or cross-border disputes that may arise about the validity, interpretation, execution, non-execution, disruption, or termination of any contract entered into under the terms set forth by the General Terms of Sale and Use may be subject to mediation at your request.
For such purpose, in the event of a dispute, pursuant to Article L.612-1 of the French Consumer Code, you may use the Medicys mediation service, which Orientis Gourmet supports, free of charge, electronically at: https://app.medicys.fr/?proId=5dd6e2c8-6d5d-4e1b-81e1-515f6b6da11a or by mail at: MEDICYS – 73 Boulevard de Clichy – 75009 PARIS – FRANCE.
However, the dispute cannot be reviewed by the mediator if:
• you do not demonstrate having first attempted to resolve the claim directly through Orientis Gourmet with a written complaint;
• the request is manifestly unfounded or abusive;
• the dispute has been previously reviewed or is currently under review by another mediator or by a court;
• you submitted your request to the mediator more than one (1) year after the written complaint was sent to Orientis Gourmet;
• the dispute is not within the mediator’s jurisdiction.
By default, only the French courts will have jurisdiction.
14. “Games and Contests” Operated by Orientis Gourmet and Its Partners
It may be necessary for Orientis Gourmet to operate games and contests on the Site. Participating in these games or contests involves your active participation by filling out an entry form or entering a participation code.
Notwithstanding the rules of the game or contest related to the participation in question, the Products at play are available exclusively within available inventory.
Furthermore, Products won cannot be transferred, sold, exchanged, or subject to any compensation.
15.Newsletter
You can subscribe to the Kusmi Tea newsletter to receive news and event information related to the brand, the Products, the Site, and its partners by checking the “Receive Kusmi Tea newsletter” box in “My Account” when logged into your account or by entering your email in the designated field at the bottom of the homepage, under “Subscribe to newsletters to receive our offers and news”. You will then receive an automatic email to confirm your subscription.
You can opt out at any time either by unchecking the “Receive Kusmi Tea newsletter” in “My Account” or by clicking the unsubscribe link at the bottom of each newsletter and then entering your email address.
16.Chatbot
Our Site uses Heyday, an online messaging and behavior analysis service.
This service is accessible on the Site's navigation page via the "Need help" window. It is then possible for you to send any type of question directly to an agent by instant messaging.
Heyday is a chat solution designed for e-commerce and augmented by conversational AI. With Heyday, online consumers get their questions answered more quickly through automated FAQs and integrated product catalogs.
Heyday collects only conversations generated within the scope and purposes described above. By using the Site, you expressly consent to the processing of your personal data by Heyday under the terms and for the purposes described above.
17.General Terms and Conditions for Membership in the "KusmiKlub" Loyalty Program
Purpose
These General Terms and Conditions for Membership set out the terms and conditions of membership and operation of the "KusmiKlub" loyalty program (hereinafter referred to as the "General Terms and Conditions for Membership").** Membership in the program implies full knowledge and acceptance of these General Terms and Conditions for Membership, which are available in French, English, and German, and are effective as of 04/25/2016.
The "KusmiKlub" loyalty program (hereinafter referred to as the "Program" or "KusmiKlub") allows its Members (hereinafter the "Member(s)") to benefit from various advantages offered by ORIENTIS GOURMET. The program is applicable on the website accessible at the following address: https://www.kusmitea.com/int/home/
Terms and Conditions of Membership in the "KusmiKlub" Loyalty Program
Membership Conditions for KusmiKlub
Membership in the Program is free and can only be obtained in KUSMI TEA-branded stores located in France (excluding corners and department stores) and through the online store.
Only one membership per person will be accepted. Membership is strictly personal, and only the Member who has joined KusmiKlub can benefit from the advantages described below. Use by any other person is prohibited and will not be accepted if presented at the checkout.
Only individuals who are of legal age may join the Program. You guarantee the accuracy of all the information provided and will be solely responsible for any erroneous, incomplete, or outdated information. Once this information is completed, your membership in the Program will be validated, and you will have access to your personalized space (hereinafter the "customer account") on the website.
Since the "KusmiKlub" Program is entirely digital, no physical card or material will be issued to you.
Customers benefiting from partner discounts or those making purchases within a professional context (including ORIENTIS group employees) will not be eligible for the advantages of the "KusmiKlub" Program.
1. In-Store Visit
After your visit, if you wish to join the Program, you simply need to fill out the form on the tablet or with the help of your cashier, provide your email address, and then complete the following mandatory minimum information to validate your membership in the Program:
2. On the Website
You can join the "KusmiKlub" Program when creating your account by checking the box "I would like to join the KusmiKlub loyalty program for free" to enjoy exclusive benefits. By checking this box, you agree to the program's general terms and conditions and consent to receiving commercial offers and news from Kusmi Tea by email in accordance with the privacy policy. You can also subscribe to the "KusmiKlub" Program at any time from your personal account by checking the "Join KusmiKlub" box. You will then need to fill in the required fields listed above and validate your registration.
Earning Points
With each purchase of KUSMI TEA products, you accumulate points according to the following scale: 1 euro (including VAT) = 1 point. To do so, simply provide your name and surname at the time of checkout when shopping in-store. For purchases made on the website, the amount of your purchase will automatically be converted into points, which will be credited to your Member account. Points start accumulating from the first day of registration in the Program. These points are valid for one (1) year from the date they were accumulated.
In the event of an exchange or refund of a product, the number of points corresponding to the purchase of that product will be deducted from your points balance. Points cannot be transferred or exchanged for cash under any circumstances.
You can freely and at no cost check the number of points accumulated directly on your KUSMI TEA online customer account or upon request in any KUSMI TEA store.
Obtaining Vouchers
You can exchange your points for voucher(s). For every 70 points accumulated on your loyalty account, a €5 (five euros) voucher will automatically be credited to your Member account, and you will be informed via email. This voucher will be available the day after it is issued and will be valid for three (3) months from the date it becomes available on your Member account.
Vouchers can be used to pay for purchases in all KUSMI TEA-branded stores located in France (excluding corners and department stores) and on the website, excluding gift cards and shipping costs. Vouchers are personal, non-transferable, non-divisible (single use only), and non-convertible (e.g., into cash or gift cards). Vouchers can be combined.
If a purchase is less than the amount of the voucher, no change or credit will be given. Payment with voucher(s) can be supplemented by any other payment method (gift card, cash, credit card payment).
Premium Benefit
For every 300 points accumulated on your loyalty account within a one (1) year period, you will receive a free Kusmi Organic Discovery Box or an Organic Infusions Box. You will be notified by email.
In-store, you can collect this box at checkout, provided you make a purchase (no minimum amount required). On the website, you can select the box to add to your order for free when making a purchase (no minimum amount required) via your customer account.
Exclusive Sales
As a KusmiKlub member, you will receive personalized offers and, depending on your profile, may be invited to exclusive sales events.
Fraudulent Use
In the event of a breach of the "KusmiKlub" Program General Terms and Conditions by the Member, ORIENTIS GOURMET reserves the right to exclude the Member from the Program. Exclusion will result in the immediate loss of all benefits acquired under the Program, without any compensation or indemnity.
Modification and Termination of the Program
ORIENTIS GOURMET reserves the right, at any time and without notice, to modify these General Terms and Conditions for Membership or to terminate the Program. In the event of the Program's permanent discontinuation, Members will be informed and will not be entitled to any recourse against ORIENTIS GOURMET.
Unsubscribing
You can unsubscribe from the Program at any time via your customer account on the https://www.kusmitea.com/int/ website by unchecking the "Join KusmiKlub" box, or in-store upon request. In this case, if your points have not been used, they will be permanently lost. No compensation or indemnity of any kind may be claimed.
18.Text Messages
You can sign up to receive text messages from Kusmi Tea with news and event information by checking the “Reveive offers by SMS” in “My Account” when logged into your account.
You can opt out at any time either by unchecking the “Reveive offers by SMS” in “My Account” or by texting the words “Stop SMS” to the number specified in each text message that Kusmi Tea sends. You will then receive an automatic test message to confirm your canceled subscription.
19.e-Gift Cards
These terms apply to the purchase and validity of a Kusmi Tea e-gift card (hereinafter referred to as “e-gift card”), which is always available only on the Site.
Purchasing an e-Gift Card
e-Gift Cards come in the amounts of €20 (twenty euros), €50 (fifty euros), €75 (seventy-fie euros), €100 (one hundred euros, or €150 (one hundred fifty euros) and are available only on the Site.
Shipping
e-Gift Cards can be personalized and emailed to the recipient’s email address provided by the purchaser at the time of purchase. They can be printed and used immediately.
e-Gift cards cannot be resold, exchanged, or refunded (even partially) if they are lost, stolen, destroyed, or used fraudulently.
Validity
Valid for one (1) year from its date of purchase. Once the e-gift card has expired, it can no longer be used for purchases, and it cannot be reactivated or refunded for any unused amount.
Use
e-Gift Cards are activated immediately upon purchase.
The e-gift card is a payment instrument.
It can be used only on the Site, exclusively in the currency and on the Site where the e-gift card was purchased.
The e-gift card is not linked to you personally.
e-Gift Cards can be used once to pay for some or all of a purchase.
If the total purchase amount is greater than the total value of the e-gift card, another payment method accepted on the Site can also be used.
If the total purchase amount is less than the total value of the e-gift card, the difference will not be returned to you as change, and the card balance will no longer be available for a future purchase.
e-Gift Cards can be combined with any current offer or promotion, with the exception of ongoing promotions.
e-Gift Cards cannot be reloaded, exchanged, or refunded.
Limited Liability
Orientis Gourmet accepts no liability for e-gift cards that are expired, lost, stolen, damaged, errored, or used fraudulently.
Returns Involving Goods Purchased on the Site Using an e-Gift Card
A right of withdrawal can be exercised under the terms set forth in Article 6 only if the e-gift card was not used before the end of the indicated period.
If a refund is being requested for Products purchased with an e-gift card, the amount of the Products corresponding to the amount of the e-gift card will be refunded by means of a credit in the form of a new unique generated code valid for one (1) year from its date of issue.