LEGAL NOTICE AND GENERAL TERMS OF SALE AND USE

 

Updated August 14, 2020

LEGAL NOTICE

The www.kusmitea.com website 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 32/34 rue Marbeuf, 75008 Paris, France.

Intracommunity VAT number: FR71 350 283 057
Phone number: 01 58 71 22 00
Publication Director: Sylvain Orebi
Contact:
contactus@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 DISTRIBUTION LLC, 116 Nassau Street, New York, NY 10038-2402 (USA) (hereinafter "Orientis") directly and indirectly markets Kusmi Tea and Løv Organic brand products and accessories, particularly on the Site.

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 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 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 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’s head office shall apply.

Orientis offers appearing on the Site are for individuals only. Orientis 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 Products and samples that you purchase or receive.

Orientis 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 Checkout”
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 “Log in 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 “Log in 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 "I accept the general terms of sale and the privacy policy," then click on "Confirm and pay" 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 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.

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 continue 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 continue 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 undertakes to notify you as quickly as possible at the email address you provided. Orientis 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 will also notify you of when the Product will be back in stock or offer you an alternative Product of an equivalent value.

Orientis 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 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 will confirm the order by email.

Orientis 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 orders of $49.00 (fifty nine dollars) or more, standard shipping is offered (except when shipping to Alaska, Puerto Rico, Hawaii, U.S Virgin Islands, American Samoa, U.S Minor Outlying Islands and Guam).

For orders of $150.00 (two hundred dollars) or more, one (1) 5-mini-tin-assortment will be included with your order.

Orientis 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

The prices shown are expressed in US dollars, excluding taxes. Any applicable taxes (including VAT) at the time of the order will be added at the time of payment for the order.

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 countries 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 the United-States 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 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 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 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 reserves the right to put a hold on any order or shipment in the event of nonpayment 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.

You have a right to access, rectify, and object to all of your personal data at any time, with proof of your identity. To learn more, please consult our Privacy Policy.

5. Shipping

Orientis 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 ships to the U.S.A. except to the following states: Alaska, Puerto Rico, Hawaii, U.S Virgin Islands, Amercian Samoa, U.S Minor Outlying Islands and Guam.
Shipments will not be made to any other country or to P.O. boxes. Such orders will not be accepted.

Products are shipped within an average of four (4) business days, including the order preparation time. 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, Rosedeal, sales, etc.) arranged on the Site by Orientis or an outside partner, shipping times may be an average of six (6) business days longer.

Shipping rates are as follows:

For any orders under $49.00 (fifty-nine dollars) shipped to the United States (except to Alaska, Puerto Rico, Hawaii, U.S Virgin Islands, Amercian Samoa, U.S Minor Outlying Islands and Guam) at a flat fee of $5.99 (five dollars and ninety-nine cents) for standard UPS shipping.

Free shipping for orders of $49.00 (fifty-nine dollars) or more shipped to the United States (except to Alaska, Puerto Rico, Hawaii, U.S Virgin Islands, Amercian Samoa, U.S Minor Outlying Islands and Guam)

All orders outside the United States below the specified minimum costs are shipped COD, based on the weight of your order.

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 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 will not be able to send out a second shipment.

Products are shipped at the risk of Orientis. The risks are transferred to the customer when the Products are delivered to the address specified by the customer.

Orientis 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 at contactus@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 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 will be accepted.

6. Right of Withdrawal

Kusmi Tea does not exchange any products.
The customer has 7 days upon receipt of his/her package to return a product for a refund, without penalty, excluding the return cost.
Place the product(s) to return in the original box or equivalent packaging and add the completed Return Form.
Any item received damaged due to a lack of packaging will not be refunded.
Mandatory: Return shipments must be sent via insured ground shipping.
Kusmi Tea will refund your bank account after receiving the returned parcel. Once the products are received, the refund will be issued within 10 business days.

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 ten (10) days from the date when Orientis 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. 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 - Warranty Against Latent Defects

Compliance

The vendor is bound by guarantee in respect of hidden defects in the item that render it unfit for its intended use, or which so diminish this use, that the purchaser would not have acquired it, or would have paid only a lower price for it, it they had known of them". The client has up to 2 months following the date of delivery to notify its complaint to Kusmi Tea. Beyond this deadline, the company Kusmi Tea can no longer guarantee the products and the client must prove that the deterioration in quality of the tea pre-dates the date of receipt of the tea.

However, the customer is solely responsible for selecting the Products, storing them, and using them after delivery. Under no circumstance will Orientis guarantee that the order meets the customer’s specific expectations.

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 until orders have been paid in full.

TERMS OF USE

9. Liability

Orientis 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 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 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 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 for this site.

 

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 of Orientis or 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, non-transmissible, and non-commercial 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 of Orientis, with anyone breaching this provision running the risk of prosecution.

Orientis accepts no responsibility for the abuse and/or unauthorized use of these elements.

12. Claim

The Products offered comply with applicable European legislation. Orientis 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 first to reach an amicable solution by writing to ORIENTIS DISTRIBUTION LLC, 116 Nassau Street, New York 10038-2402 NY (USA) or by sending an email to
contactus@kusmitea.com.

13. Disputes – Applicable Law

Claims and disputes will always be treated with due consideration and attention. In case of a dispute, the client should first contact the company in order to seek an amicable resolution, at contactus@kusmitea.com.

14.  “Games and Contests” Operated by Orientis Gourmet and Its Partners

It may be necessary for Orientis 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 our newsletter to receive latest news & exclusive offers”. 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. Community Chat

The Site uses iAdvize, a commercial chat and behavioral analysis service.

This service is available by clicking “Need Help?” in the Site’s navigation bar. For any type of question, you can then send an instant message directly to an adviser.

iAdvize uses cookies and JavaScript for this service. Data generated by cookies about your use of the Site (including your IP address) will be sent and stored by iAdvize on its services. iAdvize will use this information to evaluate your use of the Site, compile reports on the Site’s activity, and keep a history of your conversations with the adviser. iAdvize may share this data with third parties in the event of a legal obligation or when these third parties process data on behalf of iAdvize. You can disable the use of cookies through the appropriate browser settings. However, disabling cookies may block the use of certain Site functionalities. By using the Site, you expressly agree to the processing of your personal data by iAdvize under the terms herein and for the purposes described above. At any time when you are browsing the Site, advisers may observe your browsing in real time.

17. 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.

18. "KusmiKlub" Loyalty Program General Membership Terms

Purpose

These General Membership Terms establish the terms of membership and operation of the "KusmiKlub" loyalty program (hereinafter the "General Membership Terms). Membership in the program implies that you have read and fully and unconditionally accept these General Membership Terms, which are available in French, English, and German and apply as of 04/25/2016.

The "KusmiKlub" loyalty program (hereinafter the "Program" or "KusmiKlub") allows its Members (hereinafter the "Member(s)") to benefit from various advantages offered by Orientis. It applies to Kusmi Tea stores in France, the USA, Austria, and Germany (excluding in-store shops and department stores) and to the Site accessible at www.kusmitea.com.

"KusmiKlub" Loyalty Program General Membership Terms

- KusmiKlub memberships terms

Membership in the Program is free and is valid exclusively in Kusmi Tea stores in France, the USA, Austria, and Germany (excluding in-store shops and department stores) and on the Site accessible at www.kusmitea.com.

Only one membership per person will be accepted. Membership is specific to the individual. Only the Member belonging to KusmiKlub may enjoy the benefits described below. Use by any other person is prohibited and will not be accepted when paying with cash.

Only adults with an address in France, the USA, Austria, or Germany may become a Member of the Program. You guarantee the accuracy of all communicated information and will be solely responsible for any erroneous, incomplete, or obsolete information. Once this information has been completed, your Program membership will be confirmed, and you will have access to your account (hereinafter "My Account") on the www.kusmitea.com website.

Because the "KusmiKlub" program is completely electronic, you will not receive any physical materials.

Customers who receive partner or professional discounts (including Orientis employees) are unable to receive the benefits of the "KusmiKlub" Program.

- How to become a KusmiKlub Member

In-store visit

If you would like to join the Program during your visit, just fill out the form on the tablet or through your cashier. Provide your email address and then complete at least the required information to confirm your Program Membership:
• Title
• Last name
• First name
• Address
• Cell number

• ZIP code
• City
• Country

You will also be asked to provide the following information to Orientis, if you would like:
• Date of birth

Visit to the kusmitea.com online store

If you visit the online store kusmitea.com, you can sign up for the 'KusmiKlub' Program by creating an account and checking the box 'I want to join the KusmiKlub loyalty program free of charge to take advantage of exclusive benefits'. By checking this box, I accept the terms and conditions of the program and I agree to receive commercial offers and news from Kusmi Tea by email in accordance with the privacy policy."

You can also join at any time from your personal account, by checking the box "Join the Kusmiklub". Simply complete the required fields listed above and confirm your membership.

Earning points

You accumulate points (1 dollar (tax included) = 10 points) for every purchase of Kusmi Tea Products.
To do this, simply provide your full name when making an in-store purchase. When shopping on the Site online, your purchases will automatically be converted into points and credited to your Member account.
You'll start earning points from your first day of membership in the Program. These points are valid for one (1) year from the date when they were earned.
If you exchange a Product or receive a refund, the number of points associated with the purchase of that product will be deducted from your points balance.
Points can never be transferred or exchanged for cash.
You are free to view your total number of points in your Kusmi Tea Customer Account online or by asking for the total in a Kusmi Tea store.
There are special opportunities to earn additional points (ex. 100 welcome points are credited to newly opened KusmiKlub accounts).

Gifts

You can trade in your points for one or more gifts. Depending on the number of points you have, you can choose one or more gifts from the "KusmiKlub" catalog available in your Kusmi Tea Customer Account or viewable in stores.
You can pick up your gift, while supplies list, in Kusmi Tea stores located in France, the USA, Germany, and Austria (excluding in-store shops and department stores) or add them to your online order at the Site, as long as the order is being shipped to France, the USA, Germany, or Austria. However, if you'd like to receive your gift by itself, outside of an order on the Site, you will be responsible for all shipping costs.
Only items appearing in the catalog can be provided to Members.
Gifts earned through the "KusmiKlub" Program cannot be exchanged or refunded.
Orientis cannot be held responsible for any Products that are not available and may substitute a product with another and/or remove a gift level.

Special sales

As a Member of KusmiKlub, you will receive personalized offers, and you may be invited to our special sales, based on your profile.

Fraudulent use

If these "KusmiKlub" Program General Membership Terms are breached by the Member, Orientis reserves the right to exclude the Member from the Program. Exclusion will result in the immediate loss of all benefits acquired through the Program, with no compensation or indemnification.

Modificaiton and elimination of the Program

Orientis reserves the right to modify these General Membership Terms or eliminate the Program at any time, with no advance notice. If the Program is completely discontinued, the Member will be notified and may not seek any recourse whatsoever from Orientis.

Removal

You can leave the Program at any time, either via your customer account on the website www.kusmitea.com by unchecking the box "join the Kusmiklub", or by making the request directly in store. If you have not used up your points, they will be lost forever. You will not be able to seek compensation or indemnification in any way whatsoever.

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 dollars), $30 (thirty dollars), $75 (seventy-fie dollars), $100 (one hundred dollars 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.

KusmiKlub Members

For members of the KusmiKlub loyalty program, any purchase using an e-gift card can earn points on the member’s KusmiKlub account, according to the scale mentioned in Article 18.

However, purchasing an e-gift card does not earn KusmiKlub points.

Limited Liability

Orientis 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.