Terms of sale
These General Terms and Conditions of Sale are agreed between TEA HARMONY, a SAS with share capital of €1,000, registered in the Annecy Trade and Companies Register under number 987 789 344 00015, whose registered office is at 308 rue de l'Annonciation, 74210 Faverges-Seythenex, and any person who has made a purchase from the www.tea-harmony.com website, hereinafter referred to as ‘the Customer’. Any purchase from the www.tea-harmony.com website (hereinafter referred to as the ‘Site’) automatically implies acceptance of all of these terms and conditions.
ARTICLE 1 - DEFINITIONS
Customer: refers to any user who purchases a Product via the Site and/or who has a personal account on the Site.
Order: refers to the process whereby the Customer selects the Products they wish to purchase and have them delivered. An Order is finalised when the Customer has selected the Products they wish to have delivered, as well as the delivery options, and when they have paid the amount due. Once finalised, the Order will be processed by TEA HARMONY, which will ship the Products ordered in accordance with the terms and conditions set out in these GTCS.
Contract: means these General Terms and Conditions of Sale and any special terms and conditions applicable to certain promotional offers. The Customer hereby waives the right to rely on any contradictory document which may conflict with the Contract and which may therefore not be invoked against TEA HARMONY.
Personal Data: shall mean all personal information relating to the Customer as a natural person entered by the Customer at the time of the Order.
Parties: shall refer jointly to TEA HARMONY and the Users of the Site.
Products: shall designate all products available for sale on the Site.
User: refers to any natural or legal person accessing the Site, whether a Customer or not.
ARTICLE 2 - PURPOSE OF THE TERMS AND CONDITIONS (GTC) AND CURRENT VERSION
2.1. The purpose of these GTC is to define the conditions under which Users may access the Site, place Orders and manage the relationship between TEA HARMONY and Users, including all the rights and obligations arising therefrom.
2.2 They apply to relations between Users and between Users and TEA HARMONY. All Users undertake to comply with these GTC, without restriction or reservation, whether they visit the Site or place an Order. The General Terms and Conditions of Sale shall be notified to Users for acceptance prior to any Order being placed on the Site.
2.3 TEA HARMONY may amend these GTC at any time and without prior notice, in particular to take account of any changes in legislation, case law and/or technical developments. TEA HARMONY will inform the User by any means, who must accept the new GTC.
In any event, by continuing to use the Site after the User has been informed of any changes to the GTS, the User shall be deemed to have accepted such changes.
Successive versions of the GTC will be accessible from the Site.
2.4. The version of the GTC that prevails is the latest version available on the Site.
2.5. The version applicable to an Order is that in force on the date on which the Order is placed.
Each new Order requires acceptance of the GTC by the Customer, which the Customer acknowledges and accepts.
If Users do not accept the GTC or any subsequent amendments thereto, they must refrain from using the Site.
2.6. The User declares that he has obtained from TEA HARMONY, prior to placing his Order, all information concerning the Products and the terms of delivery. The User declares that he is solely responsible for choosing the Products and ensuring that they meet his requirements.
2.7. The User must be a duly represented legal entity or an adult natural person with legal capacity to place an Order on the Site. Failing this, they must have the authorisation of their legal representative to place an Order, which they expressly acknowledge and accept.
ARTICLE 3: PRICING
All prices shown on the Website are in euros and include all taxes. TEA HARMONY reserves the right to change its prices without prior notice. The prices applied to the Customer correspond to those displayed on the Site at the time the Order is placed.
ARTICLE 4: PRESENTATION OF THE PRODUCTS
The User is informed that photographs of the Products appear on the Website, which the User may consult freely.
TEA HARMONY guarantees that these photographs have been taken under standard conditions for the sector in question, with the Products themselves.
TEA HARMONY shall use its best endeavours to ensure that the photographs of the Products conform as closely as possible to the Products actually delivered to the Customer (color of the Products in particular). Nevertheless, TEA HARMONY cannot guarantee that the Products will be exactly identical to the photographs, in particular because of the technical constraints involved in making the photographs available on the Website.
Furthermore, TEA HARMONY attempts to present and describe its Products as accurately as possible. Nevertheless, subject to providing a faithful presentation of the essential qualities of its Products, TEA HARMONY cannot guarantee exhaustive communication of all the characteristics of each Product. Users wishing to receive further information about a Product are invited to contact Customer Services at the following address: contact@tea-harmony.com
The User declares that he/she is fully aware of the provisions of this article, and expressly agrees not to hold TEA HARMONY liable in this respect, subject to the application of mandatory legal provisions (in particular the guarantee of conformity).
ARTICLE 5: ORDER
The User may browse the Site without any obligation to purchase.
To place an Order, the Customer selects the Products of his/her choice on the Site and adds them to his/her virtual shopping basket.
It is not necessary to create a personal account on the Site in order to place an Order. However, TEA HARMONY requires certain personal data from the Customer in order to process the Order.
If the Customer so wishes, he may create a personal account enabling him, in particular, to track the history of his Orders on the Site and to retrieve the corresponding confirmations and invoices. Certain personal details are required from the Customer in order to create a personal account.
The Customer is responsible for providing complete, up-to-date and accurate information, and TEA HARMONY cannot be held liable in this respect. The Customer is hereby informed that some of the information requested is compulsory for the proper execution of the Order placed, which the Customer expressly acknowledges.
A description of the Products is available to the Customer on the Web Site, which the Customer accepts and acknowledges.
Once the Order has been finalised, TEA HARMONY will confirm acceptance by sending an e-mail to the Customer at the address indicated when the Order was placed.
The Order shall be validated once payment has been made in full and received by TEA HARMONY.
TEA HARMONY will send the Customer an invoice by e-mail to the address provided at the time of the Order. The Customer is advised to save or print the invoice and keep it.
TEA HARMONY undertakes to honor validated Orders while stocks last.
In the event that one or more Products are unavailable after the Order has been placed, the Customer will be notified by e-mail.
The Customer will have the option of being reimbursed for the amount corresponding to the unavailable Products, or of having the Products delivered when they are once again in stock (unless they are permanently withdrawn from the catalogue).
In any event, TEA HARMONY shall not be liable for any loss suffered by the Customer, nor shall it be liable for any damages.
TEA HARMONY may change the range of products offered for sale on the Website at any time, without prejudice to the Orders placed by the Customer.
ARTICLE 6: DELIVERY
Delivery charges will be specified on the Site, inclusive of all taxes, during the Order process and must be accepted by the Customer when the Order is validated.
They will appear on a separate line from the price of the Products.
It is expressly stipulated that the amount of delivery charges may vary depending on the delivery territory of the Products, which the Customer expressly acknowledges and accepts.
Delivery times are indicated on the Site and depend on the delivery method chosen by the Customer. Delivery times exclude Saturdays, Sundays and public holidays.
Pursuant to Article L. 216-1 of the French Consumer Code, the Parties agree that the Products will be delivered within the times specified during the Order process and before the Order is validated. Delivery times are also specified in the Order confirmation e-mail sent to the Customer.
Delivery times include the preparation and dispatch of the Order, as well as the time it takes for the Products to reach the delivery point (the Customer's postal address or delivery point).
In the absence of any indication on the Site of a delivery time for the Products, TEA HARMONY undertakes to deliver them within a maximum of 30 (thirty) days from the Order validation email sent to the Customer by TEA HARMONY. In this case, the Products concerned will be delivered within the period indicated on the Site and reiterated at the time of the Order.
However, since TEA HARMONY uses external service providers (carriers, postal services, etc.) to deliver the Products, TEA HARMONY is totally dependent on these third-party service providers. The delivery times indicated on the Site may therefore be affected by the service providers, without TEA HARMONY being liable for such delays in delivery and the consequences thereof.
When delivery is made with a signature, this is proof of receipt of the package. The transfer of risk and responsibility for the Products takes place on receipt of the Products by the Customer. From this date onwards, the Customer shall be solely and exclusively responsible for them, as well as for their use and any consequences that may arise therefrom. Consequently, the Customer undertakes to check, at the time of delivery, that the Order delivered is complete, compliant and has not been damaged. If this is not the case, the Customer undertakes to refuse to accept the Order and to sign any supporting documents. Any Order received against the Customer's signature shall be deemed to be in conformity, complete and in perfect condition at the time of delivery.
ARTICLE 7: PAYMENT
The Customer pays on the www.TEA-HARMONY.com website by credit card from the Visa, Mastercard, Maestro and American Express networks using the SHOPIFY PAYMENT Service.
By accepting these terms and conditions, the Customer also agrees to be bound by the SHOPIFY PAYMENT General Terms and Conditions of Use, which are subject to change by STRIPE only. Under no circumstances may TEA HARMONY modify the Terms and Conditions of SHOPIFY PAYMENT, a service provider over which it has no control.
ARTICLE 8 - CANCELLATION
Pursuant to Articles L.221-5 et seq. of the French Consumer Code, the Customer has a period of 14 days from the date of delivery of the Order to return any new and unopened product, in its original packaging and in perfect condition (any product that is damaged, incomplete, damaged or whose packaging has deteriorated will not be taken back), to request a refund without penalty.
In particular, TEA HARMONY will not reimburse products whose protective grille has been damaged.
The customer must therefore place the undamaged packaging containing the product in suitable packaging to which the return label will be affixed, before sending it by post. The Customer must also enclose a copy of the invoice or any other document identifying the Order in question and its owner.
The Product is returned at the Customer's risk. If the package is lost, stolen or damaged when the Product is returned, TEA HARMONY reserves the right to refuse reimbursement of the returned Product(s).
Only the Customer identified as such to TEA HARMONY may exercise this right, to the exclusion of any other person, and in particular the recipient of the delivery. The return address is: TEA HARMONY, 308 rue de l'Annonciation, 74210 Faverges-Seythenex, France.
ARTICLE 9 - PERSONAL DATA
9.1. Personal data is collected by TEA HARMONY when an Order is placed or when a personal account is created by the Customer. The creation of a personal account is not compulsory in order to place an Order on the Site, as the Customer may place an Order as a “guest”.
In addition, personal data is collected via cookies. This type of data collection is described in article 9.2 below.
When placing an Order, certain personal data must be entered by the Customer and collected by TEA HARMONY. These include the Customer's surname, first name, e-mail address, postal address and telephone number. The same personal data is required for the creation of a personal account.
This personal data is processed automatically for the purposes of managing the Order and TEA HARMONY's customer database, as well as for commercial prospecting and statistical purposes.
It may be transmitted to TEA HARMONY's commercial partners who contribute to the delivery of the Products and the processing of payments, solely for this purpose, which the Customer expressly acknowledges and accepts.
In addition, as part of the online payment services used by TEA HARMONY, these services collect certain personal data belonging to Customers on behalf of TEA HARMONY.
The said data is kept for the period necessary for the purposes for which it is collected and processed, i.e. for the completion of the Order placed by the Customer, unless :
- a longer retention period is authorized or imposed by a legal or regulatory provision;
- the Customer has exercised one of his/her legal rights under the conditions set out below.
In addition, where the Customer has created a personal account, the personal data communicated for this purpose is retained until the account is deleted, which may be requested from TEA HARMONY under the conditions described below.
Subject to the Customer's express acceptance by means of checkboxes, the Customer's email address may also be used by TEA HARMONY for the purposes of registering and sending a newsletter and/or transmitting promotional offers.
Should the Customer no longer wish to receive newsletters and/or promotional offers, he/she may modify his/her choice by contacting TEA HARMONY under the conditions set out below or by using the unsubscribe links provided in the messages.
Access to personal data is strictly limited to TEA HARMONY employees authorized to process such data by virtue of their position. The information collected may be communicated to third parties bound to TEA HARMONY by contract for the performance of subcontracted tasks necessary for the management of the Order, without the Customer's authorization being required. It is specified that, in the performance of their services, third parties have only limited access to the data and are contractually obliged to use it in compliance with the provisions of the applicable legislation on the protection of personal data.
In accordance with the applicable legal and regulatory provisions, in particular Act no. 78-17 of January 6, 1978 as amended relating to data processing, files and freedoms and European Regulation no. 2016/679/EU of April 27, 2016, the User has the right to access, rectify, port and delete his/her data or to limit the processing. He may also, on legitimate grounds, object to the processing of data concerning him.
The User may also request that personal data which is inaccurate, incomplete, equivocal or out-of-date be rectified, completed, clarified, updated or deleted. The User's personal data will also be deleted if the User expressly withdraws his or her consent to the collection and processing of his or her personal data, subject to TEA HARMONY's legal obligations. The User may also, under the right to portability of his personal data, retrieve those concerning him for his personal use, or request that they be transferred to a third party, if this is technically feasible. Each User may also object, on legitimate grounds, to the processing of data concerning him or her, and request the limitation of data processing.
To exercise these rights, the User should send a request to the FOLLOWING postal address TEA HARMONY at 308 rue de l'Annonciation, 74210 Faverges-Seythenex, or by e-mail to contact@tea-harmony.com indicating his/her first and last name. TEA HARMONY may ask the User to prove his identity by enclosing with his request any necessary document, in particular a copy of his identity card or passport.
TEA HARMONY will use its best endeavors to process requests relating to Users' personal data.
In the event of a security breach on the Website or the loss of personal data relating to Users, TEA HARMONY will inform them by e-mail in accordance with the applicable legal conditions. TEA HARMONY will take all necessary measures, within the limits of its human, material and financial resources, to remedy the breach and ensure data security.
Users also have the right to lodge a complaint with the national supervisory authority, the CNIL.
For more information about their rights, Users can click on the following link: https://www.cnil.fr/fr/comprendre-vos-droits.
9.2 TEA HARMONY may use cookies on the Site. This is an automatic tracking process that records information relating to browsing on the Site, and stores information entered during visits to the Site in order to facilitate use of the Site.
Cookies installed by TEA HARMONY are deleted from the customer's computer terminal after 13 months.
Users may refuse to accept cookies and/or delete them by following the procedure indicated on their browser.
In this respect, TEA HARMONY obtains the express consent of Users to the use of these cookies and uses them in accordance with legal provisions, including in particular the General Regulation on the Protection of Personal Data.
TEA HARMONY uses these cookies solely to establish connection statistics and the browsing history of Users.
ARTICLE 11: PROMOTIONAL CODES
Promotional codes apply only to non-rebated base prices. Promotional codes cannot be combined with each other or with vouchers. Promotional codes may be used once per customer account, unless otherwise instructed by TEA HARMONY. These codes are not refundable in the event of an exchange.
ARTICLE 12: INTELLECTUAL PROPERTY
Without this list being exhaustive, the “TEA HARMONY” brand and its derivatives and variations, logos, graphic charter, layout, information, presentation and content of the Site are the exclusive property of TEA HARMONY. The systems, software, structures, infrastructures, databases and content of all kinds (text, images, visuals, music, logos, trademarks, databases, etc.) relating to the Site are also protected by all intellectual property rights or database producers' rights in force, of which TEA HARMONY is the sole owner or holder of the rights. All disassembly, decompilation, decryption, extraction, reuse, copying and, more generally, all acts of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the prior written authorization of TEA HARMONY are strictly prohibited and may be subject to legal action.
Any reproduction or representation, in whole or in part, of the Site or its component parts, such as, but not limited to, trademarks, logos, graphics, layout, information, presentation and content, is prohibited.
Browsing the Site does not imply any transfer of intellectual property rights to the User. TEA HARMONY grants the User the right to access and consult the Website only in accordance with the terms and conditions set out in these GTC.
ARTICLE 13: LIMITATION OF LIABILITY
13.1 TEA HARMONY disclaims all liability for damages of any nature whatsoever, resulting in particular from the use of the Website or the Ordering of Products, including damage to the reputation and image of the Customer, or loss of data that may arise from the use of the Website.
In the event that TEA HARMONY's liability were to be established and retained as a result of damage suffered by the Customer and exclusively to TEA HARMONY, such liability shall be limited to the amount of the Order paid by the Customer to TEA HARMONY.
13.2. The User acknowledges that use of the Site is at the User's own risk. The Site is provided “as is” and is accessible without any guarantee of availability or regularity.
TEA HARMONY will use its best efforts to ensure that the Site is accessible 24 hours a day, seven days a week, except in the event of force majeure or an event beyond TEA HARMONY's control, and subject to maintenance periods, any breakdowns, technical hazards related to the nature of the network or malicious acts or any damage to TEA HARMONY's hardware or software.
13.3 TEA HARMONY shall under no circumstances be held liable for any interruption of all or part of the Website, regardless of the cause, duration or frequency of such interruption.
13.4. Although the Site is equipped with the technology currently required for access and use, the presence of viruses or other harmful elements, introduced by any means or by any third party, which may cause alterations to the User's computer systems, cannot be ruled out.
TEA HARMONY makes no warranty, express or implied, as to the operation of the Site, including any technical problems that may arise.
TEA HARMONY reserves the right to modify, at its discretion and unilaterally, at any time and without prior notice, the configuration of the Site, the services or content offered, as well as the right to eliminate, limit, suspend or prohibit access, temporarily or permanently.
13.5. TEA HARMONY shall not be held liable for the performance of its obligations under these General Terms and Conditions in the event that failure to perform its obligations is attributable to the act of a third party, even if foreseeable, to the fault of the Customer, or to the occurrence of an event of force majeure as defined by the French courts and Article 1218 of the Civil Code, or to any other event that was not reasonably under the exclusive control of TEA HARMONY.
In any event, TEA HARMONY's liability for any loss caused to the Customer for any reason whatsoever is expressly limited and shall in no event exceed the total amount, exclusive of tax, of the Customer's Order made hereunder.
13.6. The Customer undertakes to use the Products in strict compliance with the instructions for use provided by TEA HARMONY. TEA HARMONY shall not be held liable for any improper use of the Products by the Customer or any third party.
ARTICLE 14: LEGAL WARRANTY
In accordance with the provisions of the French Consumer Code, the Products marketed on the Site benefit from legal warranties, i.e. the guarantee of conformity (Articles L.217-4 et seq. of the French Consumer Code) and the guarantee against hidden defects (Articles 1641 et seq. of the French Civil Code), enabling Customers to return defective and non-compliant Products free of charge.
14.1 Warranty against hidden defects.
In accordance with articles 1641 et seq. of the French Civil Code, TEA HARMONY is liable for any hidden defects in the Products sold which render them unsuitable for or significantly affect their intended use. The Customer may bring an action on the basis of a latent defect within two years of discovery of the defect.
Under the legal warranty for latent defects, TEA HARMONY will, at the Customer's option, after assessing the defect, either :
- refund the full price of the Product concerned ;
- refund part of the price of the Product if the Customer decides to keep it.
14.2. Legal warranty of conformity.
In accordance with Articles L.217-4 et seq. of the French Consumer Code, TEA HARMONY is required to deliver Products that comply with each Customer's Order, namely:
- Products corresponding to the description given by TEA HARMONY ;
- Products with the qualities that the Customer may legitimately expect having regard to TEA HARMONY's declarations.
The Customer may bring an action on the basis of a lack of conformity within two years of delivery of the Products, it being understood that any lack of conformity appearing within two years of delivery is deemed to have existed from the time of delivery.
Under the legal warranty of conformity, TEA HARMONY, at the Customer's option, undertakes, after assessing the defect, either :
- refund the price of the Product concerned; - exchange the Product for one that conforms to the Order, if possible.
ARTICLE 15: COMPLAINTS - INFORMATION
Any complaint or request for information relating to these GTS must be addressed to Customer Services by e-mail to the following address: contact@tea-harmony.com.
ARTICLE 16 - MISCELLANEOUS PROVISIONS
16.1. Partial invalidity
If one or more stipulations of these GTS are held to be invalid or declared as such in application of a law, regulation or following a final decision by a competent court, the other stipulations shall retain all their force and scope.
16.2. Non-waiver
The fact that one of the Parties does not claim from the other Party a breach of any of the obligations referred to in the GTS shall not be construed as a waiver of the obligation in question for the future. 17.3. Mediation
In the event of any dispute relating to an Order, the Customer shall first contact TEA HARMONY, in order to find an amicable solution, by email to contact@tea-harmony.com.
In the event of a dispute relating to an Order, the Customer shall first contact TEA HARMONY, in order to find an amicable solution, by email to contact@tea-harmony.com.
Referral to the mediator may only be made after the Customer has first approached TEA HARMONY in writing.
In addition, in accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals in the European Union. This platform can be accessed at the following link: https://webgate.ec.europa.eu/odr/.
16.4. Applicable law and jurisdiction
These GTC are governed by French law, unless otherwise stipulated.
In the absence of an amicable solution, and regardless of the origin of the dispute, any litigation relating to the performance or interpretation of these GTC shall be submitted to the competent courts of Annecy, unless otherwise stipulated. For all practical purposes, it is specified that the time limits for taking legal action are not interrupted during the period in which an amicable solution is sought or mediation is requested.
