GTC
TERMS AND CONDITIONS
ARTICLE 1: GENERAL
These general conditions of sale are exclusively applicable to all orders placed by a customer on the site www.slimtea-shop.com hereinafter referred to as the "Site", made by a consumer within the meaning of European Directive No. 2011/ 83/EU of October 25, 2011, hereinafter referred to as the “Client(s)”.
This site belongs to the company SLIM'TEA hereinafter referred to as the "Seller", a simplified joint-stock company with a single shareholder with a capital of 100 € whose head office is located at 132, rue Aristide Briand 92300 LEVALLOIS-PERRET registered with the RCS of Nanterre under the number 879 247 898 (VAT: FR08879247898) which is the publisher of the sales website www.slimtea-shop.com.
The site is hosted by Shopify.
The products marketed and offered for sale by the SLIM'TEA Company will be under their own sign and brand.
ARTICLE 2: PURPOSE
The Seller offers on the "Site", the sale of teas, hereinafter referred to as "Products", to Internet users, hereinafter referred to as "Customers", browsing the Site.
The customer must be a legal or natural person who can legally contract within the meaning of articles 1123 and following of the Civil Code.
An unemancipated minor, for example, cannot be a client.
The Seller reserves the right to make changes to these general conditions of sale by publishing a new version on the site www.slimtea-shop.com
The applicable general conditions of sale are those in force at the time of validation of the order.
Any order placed on the Site necessarily implies, as an essential and determining condition, the full and complete and unreserved acceptance by the Customer of the said general conditions of sale. Any contrary conditions emanating from the Customer are therefore unenforceable against the Seller.
ARTICLE 3: PRODUCTS AND SERVICES
Only the Products appearing on the site on the day of the validation of the order, and identified as available, can be sold to the Customer. Consequently, the product offer and the prices are only valid as long as the product is available on the Site.
The weight and dimensions indicated on the product sheet correspond to an average weight and dimension.
The photographs and graphics published on the site are purely illustrative and cannot therefore have any contractual value. Consequently, the responsibility of the Seller cannot be engaged in the event of an error or omission in one of these photographs or graphics.
It is up to the Customer to read the characteristics of the Product and any conditions of maintenance and use of the Product, by consulting the detailed descriptive sheet indicated on the Site.
ARTICLE 4: REGISTRATION
Registration on the Site is open to all legal or natural persons of legal age and enjoying their full personality and legal capacity.
The use of the Site is subject to the registration of a User. Registration is free.
To proceed with the registration, the User must fill in all the mandatory fields; otherwise the registration cannot be completed.
Users guarantee and declare on their honor that all the information communicated on the Site, in particular during their registration, is accurate and compliant. They agree to update their personal information from the page dedicated to it and available in their account.
All registered Users have an identifier and a password. The latter are strictly personal and confidential and must in no case be communicated to third parties under penalty of deletion of the account of the offending Registered User.
Each Registered User is personally responsible for maintaining the confidentiality of his username and password. The Company will in no way be held responsible for the identity theft of a User. If a User suspects fraud at any time, he must contact the Company as soon as possible, so that the latter can take the necessary measures and regularize the situation.
Each User, whether a legal or natural person, can only hold one account on the Site.
In the event of non-compliance with the CGV/CGU, in particular the creation of several accounts for a single person or the provision of false information, the Company reserves the right to proceed with the temporary or permanent deletion of all the accounts created by the 'Offending user.
The deletion of the account entails the permanent loss of all the advantages and services acquired on the Site. However, any Order made and invoiced by the Site before the deletion of the account will be executed under normal conditions.
In the event of the deletion of an account by the Company for breach of the duties and obligations set out in the T&Cs/GCUs, the offending User is strictly prohibited from re-registering on the Site directly, through another email address. or by an intermediary without the express authorization of the Company.
ARTICLE 5: PRICE
They are expressed in Euros, all taxes included. The Value Added Tax (VAT) is that in force on French territory on the day of the order. Any change in the applicable rate may be reflected in the prices of products and services.
The prices applied are those appearing on the site at the time of validation of the order.
They are subject to change during the duration of the offer, depending on currency and metal prices.
The Seller cannot be bound by the display of an erroneous and obviously derisory price, whatever the reason (computer bug, manual error, technical error). The Seller will inform the Customer as soon as possible and the order will be cancelled.
The fixed amount of the shipping costs is very clearly indicated to the customer on the good summary of his order, in addition to the price of the order.
ARTICLE 6: ORDER
Any Order can only be made when the User has registered on the Site.
- The customer will have precise information by clicking on the product reference.
- The customer selects his products by adding them to his "basket"
- The customer can check and modify his selection by clicking on “my basket”
The customer can modify or cancel the order (before its validation) of one or more products appearing on the summary of the basket.
To validate his order, the customer will click on “order”
The customer must accept these general conditions of sale when validating his order.
The order will be validated if the customer has accurately completed all the private information related to the creation of his personal account.
Customers who already have an account must identify themselves with their email address and password.
The customer can indicate a delivery address different from the billing address.
Once the Order has been placed, the User will receive confirmation by email. This confirmation will summarize the Order as well as relevant information relating to delivery. The placing of an Order constitutes the conclusion of a distance selling contract between the Company and the Customer.
The Company may allow the Customer to benefit from price reductions, rebates and rebates depending on the number of Products available on the Site ordered or depending on the regularity of the Orders, according to the conditions set by the Company.
The customer can track his order by going to the “my account” section.
The customer can print his invoice by going to the “my account” section.
The fixed amount of the shipping costs is very clearly indicated to the customer on the correct summary of his order.
The customer is responsible for choosing and keeping his identifiers, and he is responsible for ensuring their confidentiality.
The seller cannot therefore be held responsible for the usurpation of identifiers and connections of customer accounts by third parties.
Offers are valid within the limits of available stocks.
The seller reserves the right not to honor an order for the reasons defined by the regulations such as a dispute related to a previous order.
ARTICLE 7: PAYMENT
The customer becomes aware of the amount due on the site, at the time of validation of the order.
Unless otherwise specified, all sales are paid in cash at the time the Order is placed.
Depending on the nature or amount of the Order, the Company remains free to require a deposit or payment of the full price when placing the Order or when receiving the invoice.
Payment can be made by:
- PayPal
- Bank transfer
- Credit card via a secure connection
In this case, his card will be debited on the day of the order and will correspond to the products actually delivered.
To pay by credit card, the customer must send the number of his credit card on the site, as well as the expiry date and the cryptogram number (3-digit number on the back of the credit card)
The customer benefits from a 100% secure payment system ensuring:
- Protection of sensitive card data,
- Compliance with international security requirements,
- Systematic payment authorization request,
- Complementary device with the submission to a reinforced authentication of the cardholder by 3D Sécure .
In the event of total or partial non-payment of the Products on the date agreed on the invoice, the Consumer Client must pay the Company a late payment penalty, the rate of which is equal to the legal interest rate.
No compensation may be made by the Customer between penalties for delay in the supply of the Products ordered and the sums due by the Customer to the Company for the purchase of Products offered on the Site.
The penalty owed by the Customer is calculated on the amount including tax of the remaining amount due, and runs from the due date of the price without any prior formal notice being necessary.
ARTICLE 8: DELIVERY AND COLLECTION OF THE ORDER
All our deliveries are made from our platform located in METROPOLITAN FRANCE.
Deliveries will be made only in the following geographical areas:
- Metropolitan France
- Corsica
- Overseas
- European continent
- North America
- South America Africa
- Asia
- Oceania
The Company undertakes to provide all material and human efforts to have the Products delivered as soon as possible. These may vary depending on the geographical area of the Customer, the delivery method chosen or the Product ordered.
If the delivery deadline of 14 days is exceeded, except in cases of force majeure, the Customer may request the termination of the contract by registered letter with acknowledgment of receipt, after having instructed the Company, under the same terms , to make delivery within a reasonable additional time, and if the Company has not complied.
In this case, the Customer will be refunded within 30 days if a payment has already been made.
In the event that delivery is impossible, due to an error in the address indicated by the Customer, the Company will contact the Customer as soon as possible in order to obtain a new delivery address and any additional delivery costs will be on client fee.
In addition, the Company cannot be held liable for reasons related to exceeding delivery times:
- in periods of high demand, such as the holiday season,
- for delays caused by reasons of force majeure, i.e. due to the occurrence of an unforeseeable, irresistible event beyond its control,
- for facts attributable exclusively to the carrier responsible for the delivery.
The delivery is carried out, according to the choice of the Customer and according to the prices indicated on the Site: to the address indicated by the Customer during his Order by simple postal way.
If the customer chooses the delivery method without signature and the carrier declares that the package has been delivered, Slim'tea will be relieved of its liability in the event of non-delivery of the package.
Only delivery with signature will be supported by Slim'tea in case of non-delivery of the package.
ARTICLE 9: COMPLAINT
For all Orders made on this Site, the Customer has a right of complaint for 14 days from the delivery of the Product.
It is his responsibility to check the apparent condition of the Products upon delivery. In the absence of reservations expressly issued upon delivery, the Products are deemed to comply with the Order.
To exercise this right of complaint, the Customer must send to the Company, at the address 132 Rue Aristide Briand in LEVALLOIS PERRET (92300), a declaration in which he expresses his reservations and complaints, accompanied by the supporting documents relating thereto (statement receipt countersigned by the carrier, photographs, etc.)
A claim that does not comply with the conditions described above cannot be accepted.
The Company will repair, replace or refund the Product or its components as soon as possible and at its expense, subject to the material possibility of replacing the Product or its availability in stock.
ARTICLE 10: WITHDRAWAL PERIOD AND REIMBURSEMENT
The Customer has a withdrawal period of 14 calendar days starting from the actual delivery of the goods ordered, without having to give a reason or pay penalties. However, any claim sent more than 14 days after receipt of the Products will be rejected and the Seller's liability cannot in any case be engaged in this respect.
For the products mentioned in Article L 221-28 of the Consumer Code, "the right of withdrawal cannot be exercised" in particular with regard to contracts "for the supply of goods likely to deteriorate or expire rapidly" .
In the event of multiple orders and delivery spread over time for several products, the 14-day period will run respectively from the effective date of delivery of the last good delivered.
The Customer must imperatively return the Product in new condition, in the original post office box, accompanied by the invoice.
Return costs will be the responsibility of the customer
The right of withdrawal will also apply to any sale of product on sale or destocked.
The refund will be made after verification of the condition of the product, within 14 days using the same means of payment as the customer.
In the case of a damaged product (scratched, crushed, damaged), incomplete, opened, used by the customer, the latter cannot demand a return or even an exchange.
To exercise this right of withdrawal, the Consumer sends a declaration of withdrawal to the address 132 Rue Aristide Briand in LEVALLOIS PERRET (92300).
The package must then be returned by Colissimo to the following address:
132 Rue Aristide Briand in LEVALLOIS PERRET (92300)
The Customer must bear the cost of returning the Product.
ARTICLE 11: TRANSFER OF RISKS AND OWNERSHIP
The Company retains ownership of the Products sold until full payment of the price by the Customer.
It can therefore repossess said Products in the event of non-payment. In this case, the installments paid will remain acquired by the Company by way of compensation.
For Professional Customers, the transfer of risks to the Customer takes place upon delivery of the goods to the carrier by the Company.
For Consumer Customers, the transfer of risk takes place upon delivery or upon collection of the goods from the store when the Customer has chosen in-store delivery.
ARTICLE 12: LEGAL GUARANTEE
The Products sold on the Site are guaranteed in accordance with the legal provisions of the Consumer Code and the Civil Code as reproduced below:
Article L.217-4 of the Consumer Code:
“ The seller delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery.
He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility. ”
Article L.217-5 of the Consumer Code:
“ The property is in accordance with the contract:
1° If it is specific to the use usually expected of a similar item and, where applicable:
if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2° Or if it has the characteristics defined by mutual agreement by the parties or is specific to any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted”
Article 1641 of the Civil Code:
" The seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid a lesser price for them, if he had known them."
Any resold Product altered, modified or transformed is not covered by the warranty.
This is limited to the replacement or reimbursement of Products that are non-compliant or affected by a defect. It is excluded in the event of misuse or abnormal use of the Product as well as in the event that the Product does not comply with the legislation of the country in which it is delivered.
The Customer must inform the Company of the existence of the defects within two years. The Company will rectify the Products deemed to be defective as far as possible. If the liability of the Company is retained, the guarantee is limited to the amount excluding VAT paid by the Consumer for the supply of the Products.
The replacement of the Products does not have the effect of extending the duration of the guarantee.
ARTICLE 13: CHANGES
The Company reserves the right to modify the Site, the CGV/CGU as well as any delivery procedure or other component of the services provided by the Company through this Site.
When an Order is placed, the User is subject to the stipulations set out in the CGV/CGU in force when placing the Order.
ARTICLE 14: PROCESSING OF PERSONAL DATA
Registration on the Site entails the processing of the Customer's personal data. If the Customer refuses the processing of his data, he is asked to refrain from using the Site.
This processing of personal data is done in compliance with the General Data Protection Regulation 2016/679 of April 27, 2016.
Furthermore, in accordance with the Data Protection Act of January 6, 1978, the Customer has, at any time, a right to query, access, rectify, modify and oppose all of its personal data by writing, by post and providing proof of identity, to the following address: 132 rue Aristide Briand in LEVALLOIS-PERRET (92300).
This personal data is necessary for the processing of his Order and the establishment of his invoices if necessary, as well as for the improvement of the functionalities of the Site.
ARTICLE 15: SHARING OF COLLECTED DATA
The Site may use third party companies to perform certain operations. By browsing the Site, the Customer accepts that third-party companies may have access to his data to allow the proper functioning of the Site.
These third-party companies only have access to the data collected in the context of carrying out a specific task. The Site remains responsible for processing this data.
Furthermore, the User may therefore be required to receive information or commercial offers from the Company or its partners.
The User may at any time oppose the receipt of these commercial offers, by writing to the Company's address indicated above.
In addition, Customer information may be transmitted to third parties without their express prior consent in order to achieve the following purposes:
- respect the law
- protect any person against serious bodily injury or even death fight against fraud or attacks on the Company or its users protect the Company's property rights.
ARTICLE 16: DATA PROTECTION
The Company ensures an appropriate level of security proportional to the risks incurred as well as their probability, in accordance with the General Data Protection Regulation 2016/679 of April 27, 2016.
However, these measures do not in any way constitute a guarantee and do not commit the Company to an obligation of result concerning data security.
SECTION 17: COOKIES
To allow its Users to benefit from optimal navigation on the Site and better functioning of the various interfaces and applications, the Company may place a cookie on the User's computer.
This cookie makes it possible to store information relating to navigation on the Site, as well as any data entered by Users (in particular searches, login, email, password).
The User expressly authorizes the Company to place a so-called "cookie" file on the User's hard drive.
The User has the possibility of blocking, modifying the retention period, or deleting this cookie via the interface of his browser.
If the systematic deactivation of cookies on the User's browser prevents him from using certain services or functionalities of the Site, this malfunction can in no way constitute damage for the member who will not be able to claim any compensation as a result.
ARTICLE 18: RESPONSIBILITY
The information available on the Site is published for general information only.
The Seller cannot guarantee the accuracy, precision or completeness of the information made available on the Site and cannot under any circumstances be held liable in the event of an error or inaccuracy contained on its Site and cannot guarantee that the use of its Site does not infringe the rights of third parties. Any use of the Site is made at the user's own risk.
The Seller assumes no liability with regard to the technical operation of its Site, and in no way guarantees the total absence of viruses or other harmful elements on its Site and on the servers providing access to it. If the use of the Site or its content should cause the user a nuisance forcing him to repair or replace equipment, materials or databases.
The Seller shall not be liable for the costs generated by these operations. In general, all information contained on the Site is provided "as is" and "accessible according to the availability of the Site" without any express or implied guarantee as to the accuracy, reliability, completeness or timeliness of Site content.
The Seller declines all responsibility:
- for any imprecision, inaccuracy or omission related to the information published on the Site.
- for any damage resulting from fraudulent intrusion by a third party leading to a modification of the information published on the Site.
The Seller cannot be held responsible for delays in delivery due to errors or disruptions attributable to carriers (including in particular in the event of a total or partial strike, in particular of postal services and means of transport and/or communications) nor for delays resulting from a case of force majeure
ARTICLE 19: INTELLECTUAL PROPERTY
The www.slimtea-shop.com site belongs to and is operated by the SLIM'TEA Company under the brand and trade name for which it holds a brand license.
In accordance with the articles of law related to the intellectual property code, the unauthorized use of the domain name, the site name, graphics, editorial content, music, visual content, computer content is an offence.
ARTICLE 20: ENTIRETY
In the event that one of the clauses of these general conditions of sale would be null and void by a change in legislation, regulation or by a court decision, this can in no way affect the validity and respect of these general conditions of sale and use
ARTICLE 21: APPLICABLE LAW AND SETTLEMENT OF DISPUTES
These general conditions of sale are subject by the Seller to French law. They will be applied and interpreted in accordance with this right.
They apply to deliveries made to Consumer Customers domiciled in France or abroad.
In the event of a dispute, in accordance with article 631-3 of the Consumer Code, the consumer may seize either one of the courts with territorial jurisdiction, under the Code of Civil Procedure, or the court of the place where he lived at the time the conclusion of the contract or the occurrence of the harmful event.
In the event of a dispute, the parties undertake to seek an amicable solution before any legal action by setting up a conventional mediation solution.
ARTICLE 22: ACCEPTANCE OF THE CGV/CGU
The Customer or the User expressly accepts the GCS/CGU.
The Customer declares to be aware of it and waives the right to rely on any other document, in particular its own general conditions of purchase.
The Consumer acknowledges having read the information and information provided for in Articles L.111-1 to L.111-7 of the Consumer Code, and in particular:
- the essential characteristics of the Product;
- The price of the products ;
- the date or the deadline by which the Company undertakes to provide the Service;
- information relating to the identity of the Company (postal, telephone and electronic contact details);
- information relating to the legal and contractual guarantees and their methods of implementation; the possibility of resorting to conventional mediation in the event of a dispute;
- information relating to the right of withdrawal (deadline, terms of exercise).