Terms of Sale

This translation is provided for information purposes and only the French version of our general terms of sale shall be deemed to be authentic.

www.lafabriquedethe.com site publisher: La Fabrique de Thé
Limited Liability Company with capital of €7.500
Headquarters: 5 rue d’Ivry 69004 Lyon
Registered in the Lyon Register Companies as number 505 236 125

I. Scope and Acceptance of the general terms of sale

The General Terms Of Sale (GTS) apply to all types of product sales made on the website www.lafabriquedethe.com, which form part of the Contract between the purchaser (« You ») and La Fabrique de Thé. La Fabrique de Thé reserves the right to modify these terms of sale, at any time by publishing a new version on its website. The applicable GTS are then the one in use at the payment date.

You declare

You declare that you have read and understood all of these General Terms of Sale, and where applicable, the Specific Terms and Conditions of Sale related to a product or service, and that you accept them without restriction or reservation. You acknowledge that you have received the necessary advice and information to ensure that the offer meets your needs. You declare that you are legally able to enter into a contract under French law, or that you validly represent the natural or legal person on whose behalf you are entering into this agreement. Unless proven otherwise, the information recorded by La Fabrique de Thé constitutes proof of all transactions.

II. Orders and Availability

You will need to follow a specific series of steps in order to place your order. However, the following steps are systematic: ➢ Information regarding the essential characteristics of the Product; ➢ Selection of the Product and, where applicable, its options; ➢Adding your selection to the cart by clicking the designated button; ➢ Clicking the “See My Cart” button; ➢ Checking the details of your order and, where necessary, correcting any errors; ➢ Selecting the desired delivery information; ➢ Clicking « I understand that by checking this box, I agree to these General Terms of Sale; ➢ Clicking the “Checkout” button; ➢ Clicking “Already have an account ?, Sign In or Guest Checkout” ; ➢ If Clicking on Guest Checkout, complete the account information fields with your essential data (identification, address, etc.); ➢ Checking the box to receive login details in the email , then clicking “Submit”; ➢ Clicking “Set your password” in the email received; ➢ Creating a password, then clicking “Submit”; ➢ Clicking on the cart; ➢ Clicking “Checkout”; ➢ Clicking “Submit”; ➢ Following the payment instructions and paying for the products; ➢ Receiving an order confirmation acknowledgment.

You will receive a PDF copy of these General Terms of Sale.

For delivered products, delivery will be made to the address you provided. In order to properly process the order, and in accordance with Article 1316-1 of the French Civil Code, you agree to provide accurate identification information.

La Fabrique de Thé reserves the right to refuse any order, for example in the case of an abnormal request, one made in bad faith, or for any legitimate reason.

You confirm that you have received details about shipping fees, as well as payment, shipping, and execution of the contract methods. La Fabrique de Thé undertakes to fulfil your order within the limits of available product stock only. If not, La Fabrique de Thé will inform you. La Fabrique de Thé processes orders the day after they are recorded. If orders are recorded on a Friday, Saturday or Sunday, they will be processed the following Tuesday. If orders are recorded on a public holiday, they will be processed on the next business day. This contractual information is presented in detail and French. By French law, this is summarised and confirmed upon validation of the order. Illustrations or pictures of the products offered for sale are not contractually binding.
The products remain the property of La Fabrique de Thé until full payment of the price has been received.

III. Price

Prices of products sold on our website are indicated in euros, inclusive of all taxes for France and the European Union, and exclusive of specific shipping costs. They are also indicated in euros, excluding taxes for countries outside the European Union. Customs duties, other local taxes, import duties, or state taxes may be payable in some instances. These duties and fees are not the responsibility of La Fabrique de Thé. They will be at your expense and under your responsibility (including declarations and payments to the relevant authorities, etc.). La Fabrique de Thé, therefore, encourages you to inquire about these matters with the relevant local authorities.
La Fabrique de Thé reserves the right to modify its prices at any time in the future; the applicable rates are those in effect at the time the order is placed. The telecommunications costs required to access La Fabrique de Thé’s website are at your own expense.
For certain items, La Fabrique de Thé offers a 5% discount on the purchase of 500g of the same tea in a single bag and a 10% discount on the purchase of 1kg of the same tea in a single bag.

IV. Payment And Security

Payment is due immediately upon placing the order, including for pre-ordered products. You may pay by credit card, bank cheque or bank transfer. Cards issued by banks outside France must be international credit cards (Mastercard or Visa).
Online payment by credit card is secured through our payment service provider. The information transmitted is encrypted according to industry standards and cannot be read during transmission over the network. Once you initiate the payment, the transaction is immediately debited after the information is verified.
By Article L. 132-2 of the French Monetary and Financial Code, the commitment made by paying by card is irrevocable. By providing your banking details during the sale, you authorise La Fabrique de Thé to debit your card for the amount corresponding to the indicated price. You confirm that you are the authorised cardholder and are legally entitled to use the card. In the event of an error or an inability to debit your card, the sale is automatically and immediately terminated, and the order is cancelled.
If payment is made by cheque or bank transfer, the order will be confirmed upon receipt of the cheque or bank transfer.

V. Deliveries

Products are delivered to the shipping address you provided when placing your order. La Fabrique de Thé cannot be held responsible for failed delivery if the information provided when ordering is incorrect or incomplete. The delivery time does not include the order preparation time.
All orders are carefully prepared and packed by our team. Within Metropolitan France, orders are delivered by Colissimo to your mailbox with your signature or to a Mondial Relay pickup point.
To find out the shipping rates and delivery times by carrier, please refer to the table below:

* Estimated delivery times are given as an indication and are not a contractual obligation

Don’t we deliver to your country? Please feel free to contact us, and we will work together to find a solution.
For deliveries outside Metropolitan France, you will have to pay customs fees and local taxes upon arrival.
La Fabrique de Thé reminds you that once you physically take possession of the products, the risk of loss or damage is transferred to you. It is your responsibility to modify the carrier of any issues or reservations regarding the delivered product.

VI. Demand

You can send any demand to La Fabrique de Thé by contacting La Fabrique de Thé at contact@lafabriquedethe.com

VII. Right Of Rescinding

If you are located in a country within the European Union, you have the right to cancel this contract without giving any reason within fourteen days. The rescind period expires fourteen days after you, or a third party other than the carrier and designated by you, physically take possession of the last item.

To exercise the right of withdrawal, you must inform us of your decision to cancel this contract using an unambiguous statement (e.g. a letter sent by post or an email). You can do so by mail at the following address:

La Fabrique de Thé, 5 rue d’Ivry, 69004 Lyon, France

Or by email at: contact@lafabriquedethe.com

You may use the cancellation model form, but it is not mandatory. To meet the cancellation deadline, you must send your communication regarding the exercise of the right of cancellation before the cancellation period has expired.

You must return or hand over the item(s) to:

La Fabrique de thé, five rue d’Ivry, 69004 Lyon France,

without undue delay and, in any event, no later than fourteen days after you have informed us of your decision to cancel this contract. The deadline is met if you return the goods before the fourteen-day period has expired.

You will be responsible for the direct cost of returning the goods.

Effects Of Rescinding

If you cancel your contract, we will reimburse all payments received from you, including delivery costs (except any additional costs resulting from your choice of a delivery method other than the least expensive standard delivery method offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed of your decision to cancel this contract.

We will process the reimbursement using the same payment method as you used for the initial transaction unless you have expressly agreed otherwise. In any event, this reimbursement will not incur any additional costs. We can withhold reimbursement until we have received the goods back in perfect condition, in their original packaging, along with all original accessories and documentation.

Exceptions To The Right Of Rescinding

The right of cancellation does not apply to the following contracts:

• Contracts for the supply of goods made to the consumer’s specifications or personalised;

• Contracts for the supply of goods which are liable to deteriorate or expire rapidly;

• Contracts for the supply of newspapers, periodicals, or magazines, except subscription contracts for such publications;

• Contracts for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery;

• Contracts for the supply of goods which, after delivery, are inseparably mixed with other items by their nature;

• Contracts for the supply of alcoholic beverages where delivery is scheduled more than thirty days after the conclusion of the contracts and where their value depends on market fluctuations beyond the trader’s control;

• Contracts for the supply of goods or services whose price depends on fluctuations in the financial market which are beyond the trader’s control and which may occur within the withdrawal period;

• Contracts for the provision of services which have been entirely performed before the end of the withdrawal period and where performance has begun with the consumer’s prior express consent and acknowledgement of the loss of the right of withdrawal;

• Contracts for urgent repairs or maintenance to be carried out at the consumer’s residence and expressly requested by the consumer, to the extent that they supply spare parts and services strictly necessary to meet the urgent need;

• Contracts for the provision of accommodation, transport, catering, or leisure services where the contract provides for a specific date or period of performance;

• Contracts for the supply of digital content that are not supplied on a tangible medium if the performance has begun with the consumer’s prior express consent and acknowledgement that they thereby lose their right of withdrawal.

Rescinding Form

Please complete and return this form only if you wish to cancel your order placed on the lafabriquedethe.com website – except where exclusions or restrictions to the exercice of the right of rescinding are set out in the applicable general Terms of Sale.

For attention of La Fabrique de Thé – 5 rue d’Ivry – 69004 Lyon, France

I hereby notify you my withdrawal from the contract for the sale of the goods below:

Ordered on ……………………………………. / Received on …………………………………………………...(*)

Order number: ………………………………………………………………………………………………………….

Name of consumer(s): ………………………………………………………………………………………………..

address of consumer(s): ………………………………………………………………………………………………

Signature of consumer(s) (only in the case of notification of this form paper):

Date: ………………………………………

(*) Delete as appropriate

VIII. Guarantee – Liability

1. Guarantee

All products sold on the www.lafabriquedethe.com website are covered by the legal guarantee of conformity set out in the articles L. 217-4 to L. 217-12 of the French Consumer Code and by the guarantee relating do defects in the goods sold, under the conditions set out in the articles 1641 to 1648 and 2232 of the French Civil Code.

You have a periode of two years from the date of delivery of the goods in xhich to inoke the legal guarantee of conformity, independently of any commercial guarantee that may have been granted. In the event of a lack of conformity, you may choose between repairing or replacing the product, provided that the cost is not excessive (articl 217-9 of the French Consumer Code). You do not have to prove the existence of a lack of conformity during the twenty-four lonths following delivery of the goods. If you decide to invoke the warranty against hidden defects in the item sold under article 1641 of the French Civil Code, you may choose between rescinding the sale or reducing the purchase price (article 1644 of the French Code).

• Article 2017-4 of the French Consumer Code: The seller must deliver goods that conform with the contract and is liable for any lack of conformity existing at the time of delivery. The seller is also liable for any lack of conformity resulting from the packaging, assembly instructions, or installation when the contract has made this their responsibility or has been carried out under their responsibility.

• Article 217-5 of the French Consumer Code: The product conforms to the contract if:

1. It is suitable for the purpose usually expected of a similar product and, where applicable:

• It corresponds to the description provided by the seller and has the qualities that the seller presented to the buyer as a sample or model;

• It has the qualities that a buyer can legitimately expect given the public statements made by the seller, producer, or their representative, particularly in advertising or labelling;

2. Or it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the seller’s attention and accepted by them.

• Article L. 217-12 of the French Consumer Code: The action resulting from a lack of conformity is time-barred two years after delivery of the goods.

• Article 217-16 of the French Consumer Code: When the buyer requests from the seller, during the period of a commercial warranty, any period of immobilization of the least seven days shall be added to the duration of the warranty. This period runs from the buyer’s request for intervention or the provision of the item for repair, whichever is later.

• Article 1641 of the French Civil Code: The seller is liable for hidden defects in the item sold that render it unfit for its intended use or that diminish its usefulness to such an extent that the buyer would not have purchased it or would have paid a lower price, had they known of the defects.

• Article 1648 of the French Civil Code: The action resulting from redhibitory defects must be brought by the buyer within two years of discovering the defect.

2. Responsibility

The products offered comply with the current French legislation.
The pictures illustrating the products offered on the website are non-contractual.
La Fabrique de Thé disclaims all liability in the event of misuse of its products. Similarly, La Fabrique de Thé cannot be held responsible for breakdowns, malicious intrusions, or damages resulting from the use of the internet.
The fulfilment of La Fabrique de Thé obligations under these terms must be suspended in the event of foreseen circumstances or force majeure that prevent performance. The seller will inform the customer of such an event as soon as possible.

IX. Intellectual Property

The brands, domain names, products, images, texts and, more generally, all information subject to intellectual property rights are and shall remain the exclusive property of La Fabrique de Thé. No transfer of intellectual property rights is made under these general terms and conditions of sale.
Any total or partial reproduction, modification, or use of these properties for any reason whatsoever is strictly prohibited.

X. Personal Date and Cookies

1. Personal Datas

The processing of personal data carried out on our website has been declared to the French Data Protection Authority (Commission Nationale de l’Informatique et des Libertés – CNIL) under the number 1415073.
The personal data collected on our website is used to process orders and manage the customer relationship (deliveries, invoices, after-sales service).
By French Data Protection Law No. 78-17 of January 6, 1978, you have the right to access, rectify, and object to the processing of your personal data. You can exercise these rights by contacting La Fabrique de Thé by postal mail, fax or email.
By agreeing to these general terms of sale, you consent to the collection and use of this data to fulfil this contract.

2. Cookies

Our website uses cookies. These are trackers placed on your hard drive. They allow to offer you the following services: identification upon a return visit, remembering your browsing activity, and personalising commercial offers based on your browsing history.
Most cookies are intended to enable or facilitate navigation and are necessary for the operation of our online store.
You can give or withdraw your consent to the use of cookies by configuring your device settings accordingly. Please refer, in particular, to your browser’s user guide for instructions.
The maximum lifespan of cookies stored on your device is 13 months.

XI. Applicable Law - Mediation

All clauses contained in these terms of use, as well as all purchase and sale operations referred to herein, are governed by French law.

In accordance with the provisions of the French Consumer Code regarding the amicable settlement of disputes, La Fabrique de Thé has joined the E-commerce Mediation Service of the Centre de Médiation des Conciliateurs de Justice (CM2C): cm2c@cm2c.net – cm2c.net – 14, rue Saint-Jean, Paris 75017.

You may use this mediation service for consumer disputes related to an online order placed with La Fabrique de Thé.

In accordance with the rules applicable to mediation, any consumer dispute must first be submitted in writing to La Fabrique de Thé (5, rue d’Ivry, 69004 Lyon, France).

After a prior written request from the consumer to La Fabrique de Thé, the Mediator’s Service may be contacted for any unresolved consumer dispute.

To learn how to refer a case to the Mediator, please visit:  http://www.mediateurfevad.fr/index.php/espace-consommateur/

XII. Archiving

Contracts concluded on our website (data relating to your order and GTC in force on the day of your order) are archived for 10 years. You can access archived contracts by sending a request by e-mail to contact@lafabriquedethe or by post to La Fabrique de Thé, 15 rue du Mail 69004 Lyon, France.

Nos conditions générales de vente ont été élaborées en s'inspirant d'un modèle libre et gratuit qui peut être téléchargé sur le site https://www.donneespersonnelles.fr/