Terms of sale for customers

(Version in force as of July 1, 2016)

ARTICLE 1 – Scope

These General Conditions of Sale apply, without restriction or reservation, to all sales concluded by Hüttli tea (company Hüttli tea / Barbara Creteur, whose registered office is located at 51 rue du 4 septembre 92500 Rueil-Malmaison, Siret: 44474394400045, (hereinafter “the Seller”) with non-professional purchasers (hereinafter referred to as “the Customers” or “the Customer”), wishing to acquire products offered for sale by the Seller (hereinafter ” Products “) on the website www.huttlitea.com (hereinafter” the Site “).

The main features of the Products for sale are displayed on the site. It is the Customers responsibility to take note of this before placing any order. The choice and purchase of a Product are the sole responsibility of the Customer.

The photographs and graphics presented on the Site are mere representations of the products. However, they are not contractual and cannot engage the responsibility of the Seller. The Customer is required to refer to the description of each Product to know its properties and essential characteristics.

Product offers are within the limit of available stocks, as specified when placing the order.

These General Terms and Conditions of Sale apply to the exclusion of all other terms and conditions, including those applicable to in-store sales or other distribution and marketing channels.

These Terms and Conditions of Sale are accessible at all times on the Site and will prevail, where applicable, on any other version and or another different document.

The Customer declares to have read and understood these General Conditions of Sale by ticking the “ACCEPT” box provided for this purpose before the implementation of the procedures of online orders, as well as the General Conditions of the Use of the Site.

As these General Terms and Conditions of Sale may be subject to subsequent modifications, the version applicable to the purchase of the Customer is the one in force on the web site at the date of placing the order.

Unless proved otherwise, the data recorded in the Seller’s computer system constitute proof of all the transactions concluded with the Customer.

The validation of the order by the Customer constitutes acceptance without restriction or reservation of these General Conditions of Sale. The Customer acknowledges having the capacity required to contract and acquire the Products offered on the Site.

The Products presented on the Site are offered for sale in the following territories exclusively: Metropolitan France (including Corsica), Dom-Tom, Monaco, Andorra, Countries of the European Union and Switzerland.

In the case of an order to a country other than metropolitan France, the Customer is the importer of the Product (s) concerned.

Customs duties or other local taxes or import duties or state taxes are likely to be due. They shall be the responsibility and responsibility of the Customer.

ARTICLE 2 – Order

It is the Customer’s responsibility to select on the Site the Products he wishes to order, according to the following terms:

  • Select products
  • Add to Basket
  • View Cart
  • Proceed to order
  • Save your contact details
  • Pay online

Your personal information given at the time of your order is binding. In the case of error, we cannot be held responsible for the impossibility of delivering the order.

The Contractual information is presented in French and is the subject of confirmation at the latest at the time of validation of the order by the Customer.

The Products for sale are valid as long as they are visible on the site, within the limit of the available stocks.

An order is final upon the receipt of the full payment from the Customer to the Seller, the Customer will then receive a confirmation email from the Seller accepting the order and final price.

It is the Customer’s responsibility to verify the accuracy of the order and to report any errors immediately.

Any order placed on the Site constitutes a contract concluded online between the Customer and the Seller.

The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.

ARTICLE 3 – Price

The Products are provided at the rates in effect on the Site, upon registration of the order by the Seller. Prices are in Euros, excluding VAT (VAT not applicable by Article 293 B of the CGI).

The prices take account of possible rebates that would be made by the Seller on the Site.

These prices are firm and not revisable during their period of validity, as indicated on the Site, the Seller is reserving the right, outside this time of validity, to modify the prices at any time. These prices do not include the costs of processing, shipping, transport, and delivery. These additional costs will be added to the invoice after the order is placed, under the conditions indicated on the Site and calculated before the order is placed.

The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.

ARTICLE 4 – Payment terms

The price is payable in full on the day the order is placed by the Client, using a secure payment method, either with a credit card (Carte Bleue, Visa, MasterCard) or PayPal. Included with his/her order, the Customer will receive an invoice.

The payment data is exchanged in an encrypted mode using the SSL protocol.
The Seller will not be compelled to proceed with the delivery of the Products ordered by the Customer if the latter does not pay the price to him/her in full in the conditions indicated above.

Payments made by the Customer are final only after the actual collection of the sums owed to the Seller is approved.

ARTICLE 5 – Deliveries

The Products ordered by the Customer will be delivered in Metropolitan France and Corsica within 3 to 5 working days from the shipment of the order (which takes place within two working days of its registration). And within 3 to 12 days for the other territories mentioned above (Dom-Tom, Monaco, Andorra, the countries of the European Union and Switzerland). The processing of all orders happens on business days only. Deliveries are made to the address indicated by the Customer when ordering on the Site and are constituted by the transfer to the Customer of the physical ownership or control of the Product. Except in special cases or unavailability of one or more Products, the Products ordered will be delivered in one go.

The Seller agrees to make his best efforts to deliver the products ordered by the Customer within the time limits specified above. However, these deadlines are given for information only. If the Products ordered have not been delivered within 30 days after the indicative delivery date, for any cause other than force majeure or due to the Customer, a resolution of the sale will be considered at the Customer’s written request in the Conditions laid down in Articles L 216-2 and L 216-3 of the Consumer Code. The sums paid by the Costumer will then be returned to him/her no later than fourteen days after the date of termination of the contract, excluding any compensation or withholding.

Parcels are shipped at the actual shipping cost and are delivered by Colissimo without a signature. They are put in the mailbox for metropolitan France and the Dom-Tom. In case a parcel is too large to fit in the mailbox, they are handed over directicly to the addressee or to a person attached to his service, residing with him/her or mandated especially.

In case the addressee is absent, a notice of transit will be left by the Postal Service in the mailbox. The parcel may be delivered another day or withdrawn at the Post Office.

For international adresses, parcels are sent by Colissimo Expert with signature.

ARTICLE 6 – Transfer of ownership – Transfer of risks

The transfer of ownership of the Seller’s Products, for the benefit of the Customer, will be realized only after full payment of the price by the latter, whatever the date of delivery of said Products.

Whatever the date of the transfer of ownership of the Products, the transfer of the risks of loss and deterioration thereof, will be realized only when the Customer takes physical possession of the Products. The Products, therefore, travel at Seller’s risk.

ARTICLE 7 – Retraction Period

The legal provisions provide that the Customer has a period of fourteen days from receipt of the Product to exercise his/her right of retraction without having to justify himself/herself or pay a penalty. Exchange or refund are provided when the Products are returned in their original packaging and are intact, within 14 days from the notification to the Seller of the Customer’s decision to retract.

Products are to be returned in their original state and complete (packaging, accessories, notice, etc.) so that they can be sold as new, and accompanied by the purchase invoice.

Products returned damaged, soiled or incomplete will not be accepted.

The right of retraction can be exercised using the form available on the Site or any other declaration, unambiguous, expressing the will to retract.

Any or such cases must be made within the period mentioned above, only the price of the Product (s) purchased and the delivery costs are subject to a refund; The Customer must cover the return shipping costs of the Products.

The exchange (subject to availability) or refund will be made within 14 days from the receipt by the Seller of the Products returned by the Customer under the conditions provided for in this article.

ARTICLE 8 – Liability of Seller – Warranties

The Products sold on the Site comply with the regulations in force in France and have characteristics compatible with non-professional use cases.

The Products supplied by the Seller conform to the current French lesgislation, and are subject to, without additional fees, and apart from the right of retraction :

  • The legal guarantee of conformity regarding Products that are undeniably defective, damaged or not corresponding to the order,
  • The legal guarantee against latent defects arising from a defect in material, design or quality affecting the products delivered and rendering them unfit for use,

According to the conditions and the modalities defined in the appendix to these General Conditions of Sale (Guarantee of Conformity / Guarantee of Hidden Defects).

To assert his/her rights, the Customer must inform the Seller in writing of the non-conformity of the Products within a maximum period of 7 days from the delivery of the Products, or of the existence of hidden defects within a maximum period of 7 days from their manifestation.

The Seller shall refund, replace or repair the Products or parts under warranty found to be invalid or defective.

The shipping costs will be refunded on the basis the invoiced price, and the return shipping costs will be refunded on the basis of the price paid and upon presentation of the receipt. The Seller cannot refund any shipping cost exceeding the basic rate.

Refunds of Products deemed to be defective or not in conformity will be made as soon as possible and no later than eight days after the Seller finds the lack of conformity or hidden defect.

The refund will be issued in the form of credit to the Customer’s bank account or with a check addressed to the Customer.

The Seller shall not be liable in the following cases:

  • Noncompliance with the legislation of the country in which the products are delivered, it is the Customer’s responsibility to check,
  • In the case of misuse, use for professional purposes, negligence or lack of maintenance by the Customer, such as normal wear and tear of the Product, accidents or force majeure.

The Seller’s guarantee is, in any case, limited to the replacement or the refund of the Products that are not in conformity or defective.

ARTICLE 9 – Data protection

Under Law 78-17 of 6 January 1978, the personal data requested by the Seller from the Customer is necessary to process his/her orders and issue invoices, in particular.

This data may be communicated to the Seller’s partners who are responsible for the execution, processing, management and payment of orders.

The processing of the information communicated via the Site has been the subject of a declaration to the CNIL N ° 1948788v0.

In accordance with the French Data Protection Act (Loi Informatique et Libertés) dated January 6, 1978, the Customer has the right to access, rectify and oppose all personal data at any time by writing with a proof of identity to the address of the company, indicated above or to the following email address: contact@huttlitea.com.

ARTICLE 10 – Intellectual Property

The content of the Site is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.

Any total or partial reproduction of this content is strictly prohibited and is liable to constitute an offense of counterfeiting.

ARTICLE 11 – Applicable Law – Language

These terms of Sale and the transactions arising from them are governed by and subject to French law.

These General Conditions of Sale are written in French. Should they be translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.

ARTICLE 12 – Litigation

All litigation or dispute, no matter the nature or the cause, shall be submitted to the jurisdication of the French courts.

The Client is informed that he may be in any event resort to a mediation procedure, in particular with the “Commission de la médiation de la consommation” (C. Consom.L 534-7) or with the existing sectorial mediation bodies, or alternative dispute resolution (conciliation, for example) in case of dispute.

ARTICLE 13 – Pre-contractual information – Customer’s acceptance

Customer acknowledges having received notice, before the order is placed and the contract concluded, in a legible and understandable manner, of these Terms of Sale and all the information listed in Article L 221-5 of the Consumer Code and in particular the following information:

  • The essential characteristics of the Products, taking into account the communication medium used and the product concerned.
  • The Products’ prices and related costs (delivery, for example).
  • In the absence of immediate execution of the contract, the date or the time at which the Seller undertakes to deliver the Product.
  • Information relating to the identity of the Seller, his postal, telephone and electronic contact details and his activities, if in the context of the transaction.
  • Information on legal and contractual guarantees and their implementation.
  • The possibility of resorting to mediation in the event of litigation.
  • Information concerning the right of withdrawal (existence, conditions, delay, how to exercise that right and standard form of withdrawal), the shipping cost to return the products, termination procedures, and other important contractual terms;
  • The payment methods accepted.

The fact that an individual (or entity), ordering on the website implies acceptance and full acceptance of these Terms of Sale and obligation to pay for ordered products, which is expressly agreed by the Customer, who renounces, including, To avail himself/herself of any contradictory document, which would be opposable to the Seller.

ANNEX I

PROVISIONS RELATING TO LEGAL WARRANTIES

Article L217-4 of the Consumer Code:

« The seller shall provide a product that complies with the terms of the agreement and shall be liable for any defects found upon delivery.
It shall also be liable for any compliance defect resulting from the packaging, or the assembly or installation instructions, where it is responsible for these aspects pursuant to the terms of the agreement or where such activities have been carried out under its responsibility. »

Article L217-5 of the Consumer Code :

« The product shall be considered compliant with the terms of the agreement:
1. If it is appropriate for the use normally expected for such a product and, where applicable:
– If it matches the description given by the seller and possesses the qualities as described by the seller to the buyer in the form of a sample or model
– If it possesses the qualities that a buyer may reasonably expect by virtue of public statements made by the seller, by the manufacturer or by its representative, in particular in adverts or on labels

2. Or if it possesses the characteristics as defined by mutual agreement by the parties or as appropriate for a specific use as required by the buyer, and duly communicated to and accepted by the seller. »

Article L217-12 of the Consumer Code

« An action in relation to the compliance defect shall be limited to two years from the delivery of the product. »

Article L217-16 of the Consumer Code

« When the buyer asks the seller, during the period of the commercial guarantee offered by the latter upon the purchase or repair of a tangible good, for a repair under the terms of such guarantee, and where the product is out of use for at least seven days, such period shall be added to the remaining guarantee period. This period shall be calculated from the date on which the buyer submits its request or on which the product in question is provided for repair, whichever is the earlier. »

Article 1641 of the civil Code

« The seller is bound to a warranty against hidden defects in the thing sold that render it unfit for its intended use, or that so impair its use that the buyer would not have bought it, or would only have given a lesser price for it if he had known of the defects. »

Article 1648 of the civil Code

« An action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect. »

ANNEX II

RETRACTION FORM

This form must be completed and sent if the Customer wishes to withdraw from the order placed on the Site, except exclusions or limits to the exercise of the right of withdrawal according to the applicable Terms of Sale. (Clic here to print the RETRACTION FORM)

Hüttli tea – Barbara Creteur – 51 rue du 4 septembre 92500 Rueil-Malmaison

I hereby notify you of my retraction of the contract for the provision of the following services:

  • Order of :
  • Order number :
  • Name :
  • Address :
  • Product reference number and name :
  • Quantity :
  • Total in Euros :
  • Reason for returning the product :

Signature (required only when sent via mail)