General Terms and Conditions
TEA TRIBES & Co. Terms and Conditions
1. Preamble
1.1 TRIBES & Co., SAS with share capital of 500,000.00 euros, whose registered office is located at 66 avenue des Champs Elysées in Paris (75008), registered with the Paris Trade and Companies Register under number 893 992 537 (“ TRIBES & Co. ”, “ we ”, “ us ”, “ our ”) is the publisher of the e-commerce website TEA TRIBES & Co., accessible at the address https://www.teatribesandco.com/ (hereinafter the “ Site ”).
Company subject to the principles of Extended Producer Responsibility (EPR). Unique identification number generated by the French Agency for Ecological Transition (ADEME): FR399803_01JIMY.
1.2 These General Terms and Conditions are applicable between TRIBES & Co. and users of the Site who place an order and purchase a Product (hereinafter the “ Customers ”, “ you ”, “ your ”, “ yours ”).
2. Definitions
2.1 The terms and expressions defined below have the following meanings:
● (a) Customer: means any user who places an order and purchases a Product on the Site.
● (b) User Account: means the account that each User must have on the Site in order to place an order.
● (c) Parties: means together TRIBES & Co. and the Client.
● (d) Product: means teas, infusions and other products sold in different formats and quantities, as well as accessories, packs and boxes offered for sale on the Site.
● (e) User: means any person who uses the Site.
3. Acceptance and enforceability
3.1 These General Terms and Conditions aim to define the terms of the contract concluded remotely between you and us. The General Terms and Conditions define the obligations and commitments of the Parties with regard to the sale of Products on the Site.
3.2 These General Terms and Conditions are binding on the Customer as soon as the Customer has accepted them when placing an order on the Site.
3.3 The T&Cs may be modified or amended at any time by TRIBES & Co. The version of the T&Cs that will apply to you will always be the one accepted at the time you placed your order.
3.4 The fact that TRIBES & Co. does not assert at any given time any of the clauses of these General Terms and Conditions may not under any circumstances be interpreted as a waiver by TRIBES & Co. of the right to assert any of the said clauses at a later date. Similarly, any condition, contrary to the General Terms and Conditions, requested by the Client and not accepted by TRIBES & Co. is unenforceable against us.
4. Orders on the site
4.1 Order taking
● (a) On each Product page, the Customer may add Products to their shopping cart by clicking on the “Add to cart” button.
● (b) The Customer who wishes to order on the Site may provide their contact details by creating a User Account, or not creating a user account, by providing their gender, surname, first name, email address and password, for which the User remains solely responsible, and their telephone number.
TRIBES & Co. does not engage in telephone canvassing. However, to protect themselves against this, customers can register on the telephone canvassing opt-out list via the BLOCTEL website: https://pro.bloctel.gouv.fr/inscription
● (c) After entering the delivery address, the customer chooses the delivery method from the options offered, then their payment method and information. After checking this information, they then click on “Pay Now”.
● (d) TRIBES & Co. acknowledges receipt of the order upon validation by sending the Customer an order confirmation email which summarizes the conditions of the order, including the Products ordered and the delivery address and times.
● (e) In certain cases, particularly for non-payment, incorrect address or any other problem related to the User Account, TRIBES & Co. reserves the right to block the order until the problem is resolved. In the event of prolonged non-payment, TRIBES & Co. reserves the right to terminate the sale automatically, without prejudice to any other damages.
5. Products
5.1 The photographs of the products on the Site are provided for illustrative purposes; the actual appearance of the Product may vary slightly depending on the characteristics of your screen and computer equipment. The Customer is invited to refer to the description of each Product appearing on the Site to find out its characteristics and, in case of doubt or if additional information is required, to contact customer service, the contact details of which are given in Article 12 Customer Service below.
5.2 Our Product offers and their prices are valid as long as they are visible on our Site.
6. Loyalty program
TRIBES & Co does not yet offer an online loyalty program.
7. Price and payment
7.2 The prices of the Products are indicated in euros and do not include delivery costs.
For mainland France and European Union countries, prices are inclusive of all taxes (TTC), the VAT applied being that of the day of the order. Any change in VAT rate will be automatically reflected in the price of the Products. For other countries, prices are exclusive of VAT. Shipping costs for the products depend on their delivery location, namely:
● (a) Delivery in mainland France:
TRIBES & Co. offers several delivery methods:
o Standard delivery to the address indicated by the Customer, with delivery to the mailbox without signature, subject to a payment by the Customer of €4.50 including VAT for shipping costs. This delivery method is free for purchases over €30 (discounts deducted).
o express delivery to the address indicated by the Customer upon payment by the Customer of 19.90 euros including tax for shipping costs. These are reduced to 9.90 euros including tax for an order over 70 euros including tax (discounts deducted).
● (b) Delivery in Europe and the French overseas departments and territories with delivery to the mailbox without signature upon payment by the Customer of 5.50 euros. From 40 € of purchase (discounts deducted), this delivery method is free
● (c) Delivery to the rest of the world with delivery to the mailbox without signature upon payment by the Customer of 9.50 euros. From 80 € of purchase (discounts deducted), this delivery method is free.
For deliveries to overseas territories and countries outside the European Union, customs or import taxes may be added to the price of our products and remain the responsibility of the Customer. It is therefore the Customer's responsibility to inquire about their amount at their local customs office.
For Chonopost shipments, handling fees apply: €4.50 for France, €5.50 for Europe, €9.50 for the rest of the world.
7.3 TRIBES & Co. reserves the right to change the price of the Products at any time at its sole discretion. Such changes will not affect orders already placed, and the Products will be invoiced at the price displayed at the time of your order.
7.4 The Products remain the property of TRIBES & Co. until full payment of their price to TRIBES & Co..
7.5 Discounts cannot be combined.
8. Delivery
8.1 General
● (a) The products are delivered to the delivery address indicated by the Customer when ordering. The Customer is responsible for the information relating to the name and delivery address. These details must be precise, accurate, and complete to allow delivery under normal conditions. As such, the Customer is required to provide all the information essential for delivery (exact address, door code, etc.). TRIBES & Co. cannot be held liable in the event of a return delivery due to an error in the address or an inability to deliver to the address indicated.
● (b) In such a case, the products will be returned to the TRIBES & Co. warehouse and the Customer must contact TRIBES & Co. customer service, the contact details of which are given in Article 12 Customer Service, in order to find out the steps to follow to recover the Products ordered.
● (c) In the event of a delay in delivery due to TRIBES & Co., the Customer will be informed via the contact details provided. Therefore, it is important that the contact details are complete and accurate.
In the event of a delay in delivery by TRIBES & Co., the Customer may terminate the contract, by registered letter with acknowledgement of receipt or in writing on another durable medium, if, after having ordered, in the same manner, TRIBES & Co. to make the delivery within a reasonable additional period, TRIBES & Co. has not complied within this period.
The contract is considered terminated upon receipt by the professional of the letter or document informing him of this termination, unless the professional has performed in the meantime.
● (d) All products purchased from TRIBES & Co. are delivered to the Customer via a carrier. Any risk of loss or damage to the products passes to you at the time you or a third party designated by you, other than the carrier, takes physical possession of the Products.
8.2 Time limits
● (a) Orders are processed the day after they are placed. Orders placed on Saturday or Sunday are processed the following Monday. Orders placed on a public holiday are processed the following business day.
● (b) The Products are delivered:
o or standard delivery with delivery (without signature) to the mailbox for orders to be delivered in mainland France. The order will be dispatched within 2 working days following its registration. The delivery time for the Products is 1 to 3 working days after processing and dispatch of the package by TRIBES & Co.. It is possible to find a delivery notice when the package is too large to be left in the mailbox, it will indicate the Post Office which will keep the package for 2 weeks.
o or Express delivery with delivery without signature for orders to be delivered in mainland France, as well as in the French overseas departments and territories and abroad. Orders are delivered in person to the Customer (against signature and upon presentation of proof of identity). The order will be shipped within 2 working days after its registration. For mainland France, the delivery time is 1 to 3 working days after processing and shipping of the package by TRIBES & Co. If the Customer is absent at the time of delivery, the package is kept for 2 weeks by the Post Office. For the French overseas departments and territories and abroad, local delivery times vary from one country to another.
8.3 Order tracking
As soon as TRIBES & Co. sends the ordered products, an email is sent to the Customer.
9. Click & Collect
TRIBES & Co does not yet offer this service
10. Right of withdrawal
10.1 Pursuant to the provisions of Articles L.221-18 et seq. of the Consumer Code, following an online order, the Customer has a period of 14 days, from the date of receipt by the Customer or by a third party designated by the Customer of the products subject to his order, to exercise his right of withdrawal. If the period expires on a Saturday, Sunday, public holiday or non-working day, this period is extended until the next working day.
10.2 The exercise of the right of withdrawal is excluded for the following products:
● Products made to consumer specifications or clearly personalized;
● Products that are likely to expire quickly or deteriorate quickly;
● Products that you have unsealed after delivery and which cannot be returned for reasons of hygiene or health protection; and
● Products which, after being delivered and by their nature, are inseparably mixed with other items.
10.3 To exercise your right of withdrawal, please notify your decision to withdraw by means of an unambiguous statement:
● (a) By mail to the address TRIBES & Co. - 66 av. des Champs Elysées - Office 41 - 75008 Paris;
● (b) By email to service-client@teatribesandco.com ; or
● (c) By returning the withdrawal form below, using the following steps:
(i) Prepare a form according to the following model:
● To the attention of TRIBES & Co. 66 av. des Champs Elysées - Office 41 - 75008 Paris;
customer-service@teatribesandco.com
I/we (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the goods (*)/for the provision of services (*) below:
Ordered on (*) / received on (*):
Name of consumer(s):
Address of consumer(s):
Signature of the consumer(s) (only if this form is notified on paper):
Date :
(*) Delete as appropriate.
(ii) Complete the form and sign
(iii) Stamp and return the form to the following address or by email: service-client@teatribesandco.com
TRIBES & Co.
Mail Order
66 Avenue des Champs Elysées - Office 41 - 75008 Paris
(iv) Upon receipt of your request, customer service will contact you to arrange the return of the Products. The cost of returning the Product(s) remains your responsibility.
(v) Following contact with customer service, return the package containing the Product(s) to the following address:
TEA TRIBES & Co.
c/o CLIC LOGISTIC
ZA La Venerie - 37460 Genillé
● (d) Once you have notified us of your wish to withdraw, the Products must be returned to the above address and cannot be returned to a store, without undue delay and in any event within a maximum period of fourteen (14) days after you have notified us of your decision to withdraw. The Customer must bear the cost of returning the Products.
● (e) The refund will be made via the payment method used for the purchase and will take place as soon as possible after receipt of the returned Product(s) and at the latest within 14 days from the day on which TRIBES & Co. is informed of your decision to withdraw from this contract. Purchases made by e-gift card are not refundable in cash, by check or by credit card, but the e-gift card can be re-credited.
● (f) Reimbursement will only be made if the Product is returned in perfect condition, in its original form, i.e. without having been used, damaged, and without its merchantable quality having been compromised. TRIBES & Co. will not accept the return of Products that have been opened, unpacked, damaged or used.
● (g) The timeframe for the refund of this amount to be reflected on your credit/debit card may vary depending on your bank's practices, and TRIBES & Co. cannot be held responsible in this regard. TRIBES & Co. will make the refund using the same means of payment as you used for the initial transaction, unless you expressly agree otherwise; in any event, you will not incur any fees as a result of this refund.
● (h) The Customer who placed the order is the only one who can exercise this right of withdrawal. In the event of delivery to a different person, this right cannot be exercised by the recipient of the order.
11. Security
The Site is subject to a security system. TRIBES & Co. has adopted the SSL encryption process to protect all sensitive data related to payment methods as effectively as possible. Payment for orders is made via STRIPE.
12. Customer Service
For any information or questions about products, our Customer Service is available from Monday to Saturday: 9 a.m. - 6 p.m.
Tel: +33.6.16.29.43.93.
Address: TRIBES & Co.
Customer service
66 Avenue des Champs Elysées - Office 41 - 75008 Paris
The following email address is also available to the Client:
customer-service@tribesandco.com
13. Intellectual Property
13.1 TRIBES & Co. and/or its subsidiaries remain the sole owner or licensee for the entire world of the rights, including intellectual property rights, to all visuals, photos, texts, comments, information, works, illustrations, trademarks, logos, trade names, graphics, audio and video clips, drawings, images and other content reproduced on the Site. Any total or partial reproduction of the Site or its content, other than for strictly personal use, is prohibited without the written authorization of TRIBES & Co.
The User is only authorized to use the Site and its contents in accordance with the General Conditions. The User may not reproduce, make available to the public, perform, publish or modify any part of the Site and its contents without the prior written consent of TRIBES & Co.
13.2 Any action going beyond these rights of access and use, and in particular any reproduction, making available to third parties, or illegal downloading, constitutes an act of counterfeiting. The User undertakes not to use or implement a robot or any other automated means to access the Site and/or the content, and more generally not to attempt to undermine the operation of the Site. The Customer undertakes not to use the Products in a way that infringes the rights of TRIBES & Co. or third parties.
Except as expressly permitted by law, the User shall not, nor permit others to, modify, adapt, translate, reverse engineer, decompile or disassemble the Site or any of its elements or create derivative works.
14. Liability
14.1 TRIBES & Co. is liable for all direct damages relating to the proper execution of your order and compliance with these T&Cs.
14.2 TRIBES & Co. shall not be liable for any indirect damages that may arise from any breach of the T&Cs.
14.3 TRIBES & Co. assumes no liability for any interruption of transactions carried out via the Site or any failure or negligence attributable to the consumer or to the unforeseeable and insurmountable act of a third party to the GTC or to a case of force majeure.
15. Guarantees
15.1 TRIBES & Co. is liable for defects in conformity of the goods in accordance with Articles L. 217-4 (and following) of the Consumer Code and for hidden defects in the item sold, under the conditions provided for in Articles 1641 (and following) of the Civil Code.
15.2 Legal guarantee of conformity
● (a) You have a period of two (2) years from delivery of the goods to act on the basis of the legal guarantee.
● (b) In the event of a lack of conformity, you may choose between repair or replacement of the goods, in accordance with Article L. 217-9 of the Consumer Code. TRIBES & Co. may, however, choose not to proceed according to your choice if this choice entails a cost that is manifestly disproportionate to the other option, taking into account the value of the goods or the extent of the defect.
● (c) If repair or replacement of the goods is impossible, you can choose between the refund of part of the price or termination of the contract, in accordance with Article L. 217-10 of the Consumer Code.
● (d) During the 24 months following delivery of the goods subject to your order, you are exempt from providing proof of the existence of the lack of conformity. This guarantee of conformity does not apply to normal wear and tear of the Products.
15.3 Warranty against defects in the item sold
● (a) You may also exercise the guarantee against hidden defects in the thing sold as provided for by article 1641 of the Civil Code
● (b) In this case, you can choose between the cancellation of the sale or a reduction in the sale price in accordance with article 1644 of the Civil Code.
16. Personal data
TRIBES & Co. may collect and process several categories of personal data that you provide. TRIBES & Co. will store your personal data securely. For more information, please see the Security and Confidentiality section (FAQ section).
17. Force majeure
TRIBES & Co. cannot be held responsible in the event of delay or non-compliance with any of the obligations under the T&Cs, which would be due to a case or situation of force majeure, as defined in Article 1218 of the Civil Code and understood by the case law of the Court of Cassation.
18. Applicable law and competent court
18.1 These T&Cs have been drawn up in French, which will be considered, in all cases, as the sole language of the parties.
18.2 In the event of any dispute arising from these T&Cs and the use of the Site, the provisions of these T&Cs shall apply as a priority, and if these T&Cs do not contain any relevant provision, French law shall apply.
18.3 Any dispute arising out of or in connection with these T&Cs and the use of the Site shall be submitted to the competent French courts.
19. DISPUTE – CONSUMER MEDIATION
In the event of a dispute between the Client and the company, they will endeavor to resolve it amicably (the Client will send a written complaint to the professional or, where applicable, to the professional's Customer Relations Department).
In the absence of an amicable agreement or in the absence of a response from the professional within a reasonable period of one (1) month, the Consumer Client within the meaning of Article L.612-2 of the Consumer Code has the possibility of contacting, free of charge, if a disagreement persists, the competent mediator registered on the list of mediators established by the Consumer Mediation Evaluation and Control Commission pursuant to Article L.615-1 of the Consumer Code, namely:
The Professional Mediation Company
http://www.mediateur-consommation-smp.fr
Alteritae 5 rue Salvaing 12000 Rodez
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