GENERAL TERMS AND CONDITIONS OF SALE
- GENERAL PROVISIONS
These terms and conditions of sale apply only to the current retail price list published by THÉ GOURMAND . They cancel those of the previous publications and can be modified at any time. Any order implies the customer’s unreserved acceptance of these general conditions.
The website www.thegourmand.com, is the property of LACHEVRE SARL, a limited liability company with a capital of 5,000€, registered at the Registre du Commerce et des Sociétés de Vannes under the number RCS 899382121; Head office address 5 Résidence du Golfe, 56000 Vannes, France. Its SIRET number is 899 382 121 00015. Telephone +670081339
Email : firstname.lastname@example.org
LACHEVRE SARL is the owner of the website https://www.thegourmand.com and holds all related rights. Unless prior and express authorisation is given by LACHEVRE SARL, it is forbidden to copy or download all or part of the site or its contents.
AUTHOR OF THE COMMERCIAL OFFER
The author of the offer which is the subject of a sales or service contract is LACHEVRE SARL.
PRODUCTS & CONTACTS OF THE DISTANCE SELLING SERVICE
Information on the products likely to be sold by the Distance Selling Service and through the website www.thegourmand.com is available on the website. In accordance with the terms of Article L.111-1 of the Consumer Code, the customer is able, before the conclusion of the contract, to know the essential characteristics of the goods and services sold, namely their nature, quantity and substantial qualities.
These are displayed by LACHEVRE SARL in French, English and Spanish on the website.
Moreover, our Service is at your disposal for any additional request, from Monday to Friday from 9:30 am to 5:00 pm:
Tel : +33 6 70 08 13 39
Fax : +33 6 70 08 13 39
Email : othe.boutique@yahoo;com
5Résidence du Golfe, 56000 Vannes
- TO ORDER
ON THE SITE
To order the desired items, enter their product sheet by clicking on their reference, choose the desired quantity and click on “Add to order”. Your choices will be automatically added to your basket. Once you have ordered all the products you want, click on “Complete Order” and fill in the forms with your full contact details and payment method. If you forget, your order will not be valid.
You can choose several products of the same reference by changing the quantities in the order form.
If you prefer to pay by cheque, you can place your order on plain paper, clearly indicating the reference of the tea or article you want, its description, the quantity, the price, any discounts and delivery costs, your name, customer number – if you have one – and address, the place of delivery and your telephone number.
The products are subject to French VAT for delivery in metropolitan France or in the European Union.
The prices thus displayed online on the pages of the THÉ GOURMAND website are inclusive of all taxes but do not include shipping costs which are added when viewing the basket.
All orders are invoiced according to the conditions shown in the catalogue in force at the date of registration of the order. However, prices may be modified thereafter, without prior notice.
The products remain the property of THÉ GOURMAND until full payment of the pr
PARTICIPATION IN THE SHIPPING COSTS
Add 4,50 € for any order delivered to the same address in Metropolitan France and under 70 € of purchase.
- Free postage for orders delivered to the same address in mainland France equal to or greater than 70 € of purchase.
- Postage due for orders outside mainland France.
- Delivery costs are calculated according to the weight of the package and its destination.
- Any customs duties to be paid are the responsibility of the recipient receiving the package.
You can pay online at the time of ordering by credit card (Carte Bleue, Visa, Eurocard, Mastercard) on the secure BNPPARIBAS page, linked to our site. To be registered, the order must be paid in full. Unpaid orders will not be delivered. Any unpaid order or payment incident (false bank details, lack of funds in the customer’s account, etc.) will be invoiced at 15 €.
A paid invoice listing the various elements of the order will be sent with the parcel or by post if the delivery address is different from the billing address.
The security protocol used (SSL) guarantees total confidentiality of personal information transmitted over the Internet.
THÉ GOURMAND undertakes to transmit the personal information of its customers only to its banks for the purpose of paying for the order.
All other information left on the site (name, e-mail…) will not be used in any other way (rental or sale of files…) than that linked to the strict activity of THÉ GOURMAND-LACHEVRE SARL. (Law “Informatique et Libertés” n° 78-17).
- ORDER ACCEPTANCE
All our offers are subject to availability. For products not stored in our warehouses, our offers are valid subject to availability from our suppliers.
Before the conclusion of the telematic sales contract, the customer will see on his screen an order form representing in detail the whole of his order valued at the price including all taxes, which he can modify or cancel. The validation of this order form shall constitute the conclusion of the telematic sales contract.
The fact that a user fills in the order form on the site https://www.thegourmand.com and confirms the order (by clicking on the “Confirm order” button provided for this purpose) shall constitute full and complete acceptance of these conditions, which alone shall be applicable to the contract thus concluded and acceptance of payment by debiting his or her bank card at the price indicated.
The sale becomes final after acceptance of the transaction by the secure online payment services.
The data recorded by www.thegourmand.com constitutes the proof of all transactions between www.thegourmand.com and its customers.
The data recorded by the payment system constitutes proof of the financial transactions.
THÉ GOURMAND reserves the right not to register an order for any reason whatsoever, in particular due to a product supply problem, a problem concerning the order received or a foreseeable problem concerning the delivery to be made.
- WITHDRAWAL PERIOD
Pursuant to the provisions of Article L121-21-8 of the Consumer Code, the right of withdrawal cannot be exercised for contracts relating to the supply of goods which, due to their nature, are likely to deteriorate or expire rapidly or cannot be returned. Similarly, it does not apply to the supply of clearly personalised goods. For other products or services, and in accordance with the provisions of Article L. 121-21 of the Consumer Code, the customer has a period of 14 working days from delivery to withdraw and return the order for exchange or refund.
The consumer must bear the cost of returning the goods. The product must be returned in its original packaging, undamaged, accompanied by any accessories, instructions for use and documentation.
The exercise of the right of withdrawal obliges the trader to reimburse the sums paid by the buyer within 14 days from the date on which the trader was notified of the consumer’s decision to withdraw.
You do not have to give reasons for your decision. To make use of this right concerning your orders for goods, simply send the completed withdrawal form or clearly express your request on plain paper or by email to our Distance Selling Department, specifying
- Your name, first name, customer reference if possible,
- Your address,
- The references of the order.
- The items you wish to exchange or be reimbursed.
- PERSONAL INFORMATION
THÉ GOURMAND undertakes not to divulge to third parties the information communicated to it. This information is confidential. It will only be used by its internal services to process orders and to reinforce and personalise the communication and the cultural and product offer reserved for THÉ GOURMAND customers.
The present article shall not prevent the assignment or transfer of activities to a third party.
In accordance with the French Data Protection Act of 6 January 1978, each customer has the right to access, rectify and oppose any personal data concerning him/her. To do so, simply make a request online or by mail, indicating your name, first name, address and, if possible, your customer reference: email@example.com
The Service may provide or third parties may include links to other websites or other Internet sources. Insofar as THÉ GOURMAND cannot control these external sites and sources, each user acknowledges that THÉ GOURMAND cannot be held responsible for the availability of these external sites and sources, and cannot bear any responsibility for the content, advertising, products, services or any other material available on or from these external sites or sources. Furthermore, each user acknowledges that THÉ GOURMAND cannot be held responsible for any damage or loss, whether proven or alleged, resulting from the use of or having trusted the content, goods or services available on these external sites or sources.
Orders are processed and shipped the day after they are placed.
Orders placed on Friday, Saturday or Sunday are processed and shipped the following Monday.
Orders placed on a public holiday are processed and dispatched on the next working day.
Orders placed on a public holiday are processed and dispatched on the next working day. The dispatch of the order is therefore generally processed on the next working day following its registration.
SERVICE PROVIDERS USED DEPENDING ON THE DESTINATION
♦ For France, Dom/Tom, Switzerland, Australia, Russia, Brazil:
Shipments by La Poste, Colissimo suivi service delivered without signature or against signature or Colissimo Expert International
CALCULATION OF SHIPPING COSTS
♦ Deliveries in mainland France :
Free shipping for any order of an amount greater than or equal to 70 euros including VAT.
Any order of less than 70 euros including VAT will be shipped for a flat fee of 4,50euros.
♦ Deliveries to DOM / TOM :
Shipping costs vary according to the weight and destination of the package.
Orders are shipped by Colissimo Suivi, the delivery time indicated by the Post Office may vary from 5 to 9 days depending on the destination
Shipping costs vary according to the weight, volume and destination of the package.
Shipping costs vary according to the weight, volume and destination of the package.
Customs fees are payable upon delivery of the package. These costs are never included in the shipping costs (transport and packaging costs).
♦ Deliveries in Europe and the rest of the world by Post :
Shipping costs vary depending on the weight and destination of the package.
Customs fees are payable upon delivery of the package. These fees are never included in the shipping costs (transport and packaging costs).
For all deliveries outside France, a telephone number where the recipient can be reached must be provided.
The delivery times below do not take into account imponderables: in fortuitous cases or as a result of force majeure, defined as unforeseeable and unavoidable facts preventing the professional from fully performing the obligation of the contract.
♦ Orders shipped to metropolitan France:
The shipment is made in Colissimo Suivi, the delivery time generally noted is 48 h (working days) after taking charge of the package by the Post Office (indicative time given by the Post Office).
♦ Orders shipped to the DOM /TOM :
The shipment is made by the Post Office in Colissimo Access OM, the indicative delivery times are 5 to 7 working days after the package is picked up by the Post Office (indicative time given by the Post Office).
♦ Orders sent to Europe by post:
The delivery times generally observed vary according to the destination from 3 to 5 working days after the package is picked up by the Post Office (indicative time given by the Post Office).
♦ Orders shipped to the rest of the world by post:
The shipment is made by the Post Office in Colissimo Expert International, the delivery times generally observed vary according to the destination from 5 to 8 working days after the package is picked up by the Post Office (indicative time given by the Post Office).
In the French overseas departments and territories and outside the European Union, customs or import taxes may be requested when the package is delivered. It is the buyer’s responsibility to find out the amount of these taxes from his local customs office.
♦ Orders sent by Colissimo Suivi :
In the “My Orders” section of the “My Account” page, you will find the tracking number as well as the internet link allowing the tracking of your parcel from departure from our service to final delivery.
Upon receipt of your order placed on our website (or handwritten, electronic or faxed), you will receive your parcel as soon as possible. THÉ GOURMAND guarantees that the products have been the subject of all the necessary care in order to ensure their conformity to the description which appears on the site at the date of the order.
The delivery address must not be a post office box. If this is the case, the order cannot be taken into consideration.
Orders can be delivered to many countries including Japan.
For deliveries in Japan, please use the website (English or French version)
To better serve you, THÉ GOURMAND has selected La Poste (colissimo suivi).
The products are sent to the delivery address indicated in the order. In the event of the absence of the addressee or of a person able to take possession of the products at the time of delivery, the carrier will leave a notice at the delivery address indicated by the customer inviting him to collect the products.
THÉ GOURMAND undertakes to exchange or reimburse any product with a hidden defect, a redhibitory defect in accordance with article 1641 of the Civil Code and L211-1 and following of the Consumer Code, or which does not meet the quality requirements that our customers are entitled to expect from our company, provided that this claim is made in good faith. In accordance with the legislation, if the exchange obviously entails a cost too great for THÉ GOURMAND, the company will reimburse the article.
The refund of products only is due on condition that no anomaly is found on the products. The return of an article visibly used or manipulated by the customer renders null and void the exercise of his retraction and will not lead to a refund. If this were the case, THÉ GOURMAND reserves the right not to reimburse the customer.
The refund of the total amount of the order will be made within 14 days following the complaint by the same means as the one used by the customer at the time of his order. You will receive a printable email or letter confirming the information and date of your refund.
The items concerned will be exchanged within 14 days of the complaint. If the items are not available, they will be replaced in the same quantities by items of equivalent or higher quality and value. You will receive by post or email a delivery note for the new items as well as a pre-filled return form paying the postage costs of the parcel according to the chosen carrier.
The products offered are in conformity with the French legislation in force. THÉ GOURMAND cannot be held responsible in case of non-compliance with the legislation of the country where the products are delivered. It is up to the client to check with the local authorities the possibilities of importing or using the products or services he/she intends to order.
The customer is solely responsible for the choice of the products and their conservation as from their physical reception. Under no circumstances can THÉ GOURMAND be held responsible for any damage occurring as a result. THÉ GOURMAND guarantees that the products are in perfect condition when handed over to the carrier.
The photographs and texts reproduced and illustrating the products presented are not contractual. Consequently, THÉ GOURMAND cannot be held responsible for any error in one of these photographs or texts. THÉ GOURMAND shall not be held liable for any indirect damage resulting from the present (operating loss, loss of profit, loss of opportunity, damage or costs).
THÉ GOURMAND also declines all responsibility for any damage of any kind resulting from fraudulent intrusion by a third party leading to a modification of the information made available on its site. Nor can it be held responsible for any damage of any kind resulting from the interpretation or use of the information available on this server.
In any case, whatever the possible reason for calling THÉ GOURMAND into question, its liability is limited to the lower of the two following amounts: (i) the amount of the direct loss suffered by the customer or (ii) the price of the order.
- INTELLECTUAL PROPERTY
LACHEVRE SARL is the owner of the website www.thégourmand.com and holds all related rights. All texts, comments, works, illustrations and images reproduced on the site /www.thegourmand.com are reserved under copyright and intellectual property law for the whole world.
The user only has a private, individual, personal and non-transferable right to use the content of the site or one of its elements, as well as a right of reproduction for storage for the purposes of representation on a single screen and reproduction, in one copy, for backup or printing on paper. THÉ GOURMAND cannot be considered as granting any other right than that of consulting the site.
Unless prior and express authorisation has been granted by LACHEVRE SARL, it is forbidden to copy and/or download all or part of the site or its contents. Any total or partial reproduction of the THÉ GOURMAND catalogue is strictly forbidden.
Our photos are subject to the law of July 1st 1992 and any other law on literary and artistic property and on the rights of the person and his image. Any use, reproduction or interpretation of our photographs without our prior written consent is an infringement of the law.
The Distance Selling Service may provide or third parties may include links to other websites or other Internet sources. Insofar as LACHEVRE SARL cannot control these external sites and sources, each user of the THÉ GOURMAND-LACHEVRE SARL website acknowledges that the said company cannot be held responsible for the availability of these external sites and sources, and cannot bear any responsibility for the content, advertising, products, services or any other material available on or from these external sites or sources. Furthermore, each user acknowledges that LACHEVRE SARL cannot be held responsible for any damage or loss, whether proven or alleged, resulting from the use of or having trusted the content, goods or services available on these external sites or sources.
PROCESSING OF PERSONAL DATA
In compliance with the French Data Protection Act n°78-17 of 6 January 1978, amended by Act n°2004-801 of 6 August 2004 and by Order n°200-111012 of 24 August 2011 transposing the European Directive 2009/136/EC, and with the other legal provisions in force, LACHEVRE SARL informs its customers and users of its website that it is compiling an electronic file from customer accounts containing personal information freely and expressly provided by the customer when ordering from the Distance Selling Service, on thegourmand. com website or when registering for the Newsletter. This file contains the customer’s surname, first name, postal and e-mail addresses, telephone number, personal identifiers relating to the customer’s account, browsing language and order history. The bank details transmitted for the purpose of paying for an order are not kept by THÉ GOURMAND-LACHEVRE SARL and are directly processed by its banks during any transaction. The information in this file collected by LACHEVRE SARL is kept by the company for 3 years. At the end of this period, an email will be sent to you proposing to renew your consent: if you accept we will maintain the file, if you refuse your personal information will be deleted. Failure to respond will result in the destruction of the personal account data. This file is declared to the CNIL in accordance with the French regulations in force.
The information collected allows the company to respond to the expectations of its customers. It is only used by the internal services of LACHEVRE SARL for its commercial and trading activities, in order to ensure the processing of orders, to reinforce and personalise the communication and commercial offer reserved for LACHEVRE SARL customers and to maintain the website. In the event that the customer voluntarily and consciously continues to supply this file, he/she has the right to access, rectify and oppose this information concerning him/her in accordance with the law “Informatique et Libertés”.
All he/she has to do is to express his/her request by email or post, indicating his/her surname, first name, address and, if possible, customer reference to the address of the Distance Selling Department or to our IT Department at the following address: firstname.lastname@example.org
THE GOURMAND-LACHEVRE SARL does not divulge to any third party, in particular advertising agencies, and does not use the information communicated for any purpose other than the strict economic activity of the company or any other information of a directly or indirectly identifying nature left on its website. This information is confidential. Financial information will be transmitted to its banks for the purpose of order settlement and payment verification and security procedures.
However, LACHEVRE SARL reserves the right to share this information with the competent authorities under the conditions required by law.
In case of transfer of the activity to a third party, this data will be transmitted to the latter according to the legal provisions in force.
♦ Consent and definition
- Performance cookies: they allow us to improve the navigation, the services provided such as language preferences, the display and the fluidity of the web pages… LACHVRE SARL does not use this type of cookie.
- Social network cookies: When an Internet user accesses thegourmand.com website through a social network user account (including Facebook), the social network transmits public data relating to the user’s profile to THÉ GOURMAND through its cookies. THÉ GOURMAND-LACHEVRE SARL does not use this information.
♦ Data collected and life span
♦ Browser settings procedures
- Internet Explorer : Dans le menu “Outils” choisir “Options Internet” puis dans l’onglet “Confidentialité” mettre le réglage sur “Haute”.
- FireFox : Dans le menu “Outils” choisir “Options” puis dans l’onglet “Vie Privée” il faut accéder par un bouton à la fenêtre “supprimer les cookies spécifiques”. Choisissez ensuite les cookies hébergés par le site de THÉ GOURMAND dans la liste et supprimez-les.
- Google Chrome : Dans le menu « Paramètres », accéder aux paramètres de contenu au moyen du bouton dans le paragraphe « Confidentialité ». Choisissiez ensuite un paramétrage général ou effacez spécifiquement les cookies en cliquant sur la croix à droite dans la fenêtre « Cookies et données de site ».
- Pour tous autres navigateurs veuillez consulter les paramètres de ceux-ci en vous référant à la rubrique d’aide si nécessaire.
- APPLICABLE LAW
Only the present terms and conditions in the French language are binding.
The rights and obligations of the parties are governed by French law, in particular by the regulation of distance selling (articles L. 121-16 to L. 121-21 of the Consumer Code incorporating Directive 97/7 EC of 20 May 1997 on the protection of consumers in respect of distance contracts).
Acceptances, drafts, money orders and carriage terms do not novate or derogate from this clause.
- ADRESSE UNIQUE DE COMMANDE PAR CORRESPONDANCE
5 RESIDENCE DU GOLFE 56000 VANNES FRANCE
Tél : 04 97 26 23 24 / de l’étranger : +33 4 97 26 23 24
+ 33 6 7008 1339