GENERAL TERMS OF SALE


Updated on: 11/28/2017

THEODOR is a registered trademark owned by Guillaume LELEU (Paris, France), distributed under license by:
La Société Française des Thés et de l’Orient 1842 (S.F.T.O. 1842), whose headquarters are located at Z.I. RN 13 - BP34B F-
78270 Bonnières Sur Seine

S.A.S company with a registered capital of 274,608.50 euros.
Registered at RCS VERSAILLES under the number: B 451 845 481
NAF/APE code: 4637 ZN
EEC Intracom. VAT Number: FR 61 451 845 481

ARTICLE 1 - GENERAL PROVISIONS

These General Terms of Sale apply to all orders placed on the website www.theodor.fr and sub-domains .com or .paris (hereinafter referred to as ‘the website’), and this whatever the clauses which could appear on the buyer’s documents.
These terms of sale exclusively regulate the sale of our products on the website. They cancel the terms related to previous publications and can be modified at any time. Any placed order entails the client’s unconditional acceptance of these General Terms of Sale.

S.F.T.O. 1842 is the owner of all the rights (content, photos…) associated to the website as license-holder and as the one responsible for the exploitation and distribution of the products present there. Without any prior explicit authorization from S.F.T.O. 1842 it is prohibited to copy or to download the whole website or a part of it or its content.

ARTICLE 2 - PRICE

Our product prices are indicated in euros (€) all taxes included, applicable in France excluding the participation to processing and shipping fees. The products are subject to French VAT, regardless of their final destination.

S.F.T.O. 1842 reserves the right to change its prices at any time without prior notice or information. The products will be invoiced based on the prevailing prices at the registration time of the order.

- The products remain the property of S.F.T.O. 1842 until full payment of the order.
- Postage is due for all orders, except if special conditions saying otherwise are specified.
- Delivery fees, which can vary according to the destination and the sending mode are stated in Article 13 – DELIVERY.
- Products destined to be sent to other countries than France are sold in Incoterm EXW (Exworks). Possible customs duties will be at the expense of the buyer.

ARTICLE 3 - ORDER

Order taking on the website is subject to the respect of the procedure established by S.F.T.O. 1842 concretized by a succession of steps that the customer must follow to confirm the order. The customer will have the opportunity, before definitely confirming his order, to check the details of the order and its total price and to correct any mistake, before confirming it, to express its acceptance. Any order confirmed by the customer applies as a sales contract and implies the acceptance of all the stipulations hereof.

S.F.T.O. 1842 will refuse any order from a customer with whom there is already a dispute or a payment incident on a previous order or who violates the provisions hereof.

A confirmation email summarizing the order (products, prices, product availability, quantity ...) will be sent to the customer by S.F.T.O. 1842. For this purpose, the customer formally accepts the use of email for confirmation of the order content by S.F.T.O. 1842.

The all taxes included amount of an order is limited to 2,500 Euros all taxes included / order / person. The number of orders per customer is not limited. Any order whose amount is over 2,500 Euros all taxes included and weighing more than 30kg will not be accepted nor taken into account.

ARTICLE 4 - CONFIRMATION

You acknowledge having read and accepted these General Terms of Sale before ordering. The validation of your order shall be understood as acceptance of these General Terms of Sale.

Unless proved otherwise, the data recorded by S.F.T.O. 1842 constitutes proof of all transactions made by S.F.T.O. 1842 and its customers.
 

ARTICLE 5 - AVAILABILITY

Our product offers and prices are valid as long as they appear on the website, within the limits of available stock.
All of our products can only be ordered from the website if they are available. The mention ‘unavailable’ accompanied by a crossed-out cart will specify to the customers that this product is out of stock and that it cannot be ordered.

ARTICLE 6 - PAYMENT

The payment of your purchases can be made:

- Either by credit card: Carte bleue, Visa, MasterCard and American Express. The card is debited as soon as the order is made.
- Either by bank transfer
- Either by bank check made out to the company S.F.T.O. 1842 and sent to the following address:

S.F.T.O. 1842
Online shop
BP 34B - ZI RN 13
78270 Bonnières Sur Seine

In the case of a payment by check, this one must be issued by a bank domiciled in metropolitan France or Monaco, within the 30 days following the order. The check is cashed at the check receipt.

The payment of the order will have to be received within the 30 days following the confirmation of the order, otherwise, this one will be automatically cancelled.

ARTICLE 7 - SECURING OF CREDIT CARD PAYMENTS

Our website is subject to a securing system:

When you place your order, you enter a secured area in which you are asked to enter your bank account details. We use online payment system SOGENACTIF (Secure payment by French bank ‘Société Générale’) to ensure the safety of bank transactions. Your credit card details are encrypted thanks to the SSL protocol (Secure Socket Layer) and are never transmitted unencrypted over the network.

The payment is directly made to the bank. The company S.F.T.O. 1842 never has access to these details, and does not keep them on its servers. That is why they are required for each new transaction on our website.

S.F.T.O. 1842 is committing to only transmit personal information on its customers to its banks for the payment of the order. All other information left on the website (name, e-mail ...) shall not be subject to any other use (rental or file selling ...) than the one related to the strict activity of S.F.T.O. 1842 according to the ‘Informatique et Libertés’ Law (French Data Protection Law) N° 78-17.

ARTICLE 8 – PRODUCT COMPLIANCE

The products offered for sale are those described on the website. S.F.T.O. 1842 takes great care in the presentation and description of these products to inform the customer at best. However, it is possible that unsubstantial mistakes appear on the website, what the client recognizes and accepts. In any event, in case of non-compliance of the product delivered with its description on the website, the customer may either exercise his right of withdrawal or implement the guarantee of compliance of S.F.T.O. 1842, which will, in such a case, proceed either to the exchange or to the price refund (in whole or part of it) eventually charged.

ARTICLE 9 - DISCOUNT VOUCHERS, DISCOUNTS AND CREDITS NOTES

A discount voucher, a discount or a credit note (hereinafter referred to as ‘discount’) may be provided as part of a promotional campaign, in the form of a code to use when ordering. The discounts can be unique and usable only one time.

A discount may be subject to certain conditions, defined by S.F.T.O 1842:
- A minimum of purchase
- A validity date

A discount voucher or a discount, unlike the credit note, can only be used on the total amount of products, excluding shipping costs. If the total amount of the discount is not used at the moment of the order, the user cannot claim the unused difference.

ARTICLE 10 - WITHDRAWAL PERIOD

In accordance with the provisions of Article L. 121-20-2 of the consumption Code, the right of withdrawal cannot be exercised for contracts regarding the supply of goods which, because of their nature, are likely to deteriorate or expire rapidly or which cannot be returned.

Regarding other products, and in compliance with the provisions of Article L. 121-21 of the consumption Code, the customer has, as from the delivery, a period of 14 clear days to exercise his/her right of withdrawal and to return the order, in order to be reimbursed.

For that, you must send us your request by email beforehand, specifying the order number and the references of the relative products, so that we can forward the withdrawal form to you, which will have to be slipped, duly filled and signed, into the package that you will send back to us. After acceptance by S.F.T.O. 1842, the whole should be sent at the expense of the customer to the following address:

S.F.T.O. 1842
Online shop return
BP 34B – ZI RN 13
78270 Bonnières Sur Seine

The products cannot be returned to the physical shop. In application of the provisions of Article R. 121-2 of the consumption Code, the reimbursement will happen as from the receipt of the returned product or products within a period of 14 days and will be made using the same payment mode which the customer had chosen for the initial transaction.

However, the reimbursement can only happen if the products are returned in their original packaging, intact, with all the eventual accessories, user manuals and documents.

Only the person who had placed the order will be able to exercise this right of withdrawal. If the recipient of the order is different, he/she will then not be able to exercise this right.

ARTICLE 11 – NOMINATIVE INFORMATION

S.F.T.O. 1842 undertakes not to disclose the provided information to third parties. These are strictly confidential. They will be used by its internal departments only for the processing of orders, to strengthen and personalize the communication and the offer reserved for S.F.T.O. 1842 customers.
This article shall not prevent the sale or transfer of activities to a third party.

In accordance with French ‘informatique et libertés’ law (Data Protection Law) dated January, 6th 1978, each customer has a right of access, correction, and opposition regarding his/her personal data. For this purpose, the customer simply needs to make an online request using our contact from or by email directly at boutique@sfto1842.com, imperatively joining to his/her request the copy of an ID card. It is also possible to proceed by post mail, stating the name, surname, address and if possible the customer reference at:

S.F.T.O. 1842
Online Shop
BP 34B – ZI RN 13
78270 Bonnières Sur Seine

ARTICLE 12 - SHIPPING

Orders placed on Saturday and/or Sunday will be shipped on the following Monday or Tuesday. Those placed on a public holiday will be shipped on the next working day.

Your parcels are prepared with care, and are sent at the choice of the customer via ‘La Poste’ in ‘Standard’ Colissimo mode, ‘Recorded’ mode or ‘International’ mode, according to the destination. Our goods travel at the buyer’s own risks, regardless of the shipping modalities and even though the price includes free shipping.

ARTICLE 13 - DELIVERY

13.1 – GENERALITIES

From the receipt of your order, you will receive your parcel as soon as possible. S.F.T.O. 1842 guarantees that the products were subject to all the care necessary to ensure you of their compliance to the product description on the website, at the date of order.

The products are delivered to the delivery address you indicated during the ordering process. S.F.T.O. 1842 cannot be held liable in case of an incorrect address.
If you buy several products at the same time and that they have different processing times, the time of dispatching is based on the longest delivery time.

However S.F.T.O. 1842 reserves the right to split the sending. The participation fee for processing and dispatching will only be charged for one shipment. S.F.T.O. 1842 cannot be held responsible for consequences due to delayed delivery.

In case of delayed shipment, an email will be sent to the customer. In this case, and as long as the product is not dispatched, the customer can still cancel his/her order, by sending us the request via our contact form or by email at boutique@sfto1842.com.

We also invite the customer to regularly check the order tracking on the website www.colissimo.fr and to call our customer service at +33 (0)1 34 77 85 85 for any question or problem.

Any appeal or claim in case of problem regarding delivery times, the state of goods and the good receipt of the package, are to be made directly at the postal services of the country of destination. S.F.T.O. 1842 undertakes to provide assistance to its customer to ensure that they receive compensation from postal service of the country of destination in case of ‘Recorded’ sending.

 
13. 2 - SERVICES, OPTIONS AND SHIPPING COSTS, ACCORDING TO THE DESTINATION

S.F.T.O. 1842 delivers abroad, and this in most countries around the world, for a financial fee, calculated according to the final destination, as well as the sending option chosen by the customer for packages limited to a maximum weigh of 30kgs.

Import or customs costs could be asked at the delivery of the package. It is the responsibility of the customer to inquire their amount by the local customs services. Those fees are at the expense of the customer.

S.F.T.O. 1842 is committing to forward the order tracking number to the customer, as soon as the parcel is shipped and declines any responsibility regarding delivery times guaranteed by ‘La Poste’, as well as regarding the good receipt of the package by the recipient, and the state of the goods contained in the parcel.

I – Metropolitan France 

1.1 ‘Standard’ Service for METROPOLITAN France 

For metropolitan France, the financial contribution to shipping costs is a fixed fee of €8.00 all taxes included flat rate for all orders under €18 worth of purchase including VAT. For all orders over €18 worth of purchase all taxes included and under €39.95 worth of purchase all taxes included in ‘STANDARD’ sending mode, the financial contribution to shipping costs is a fixed fee of €5.95 all taxes included flat rate. For all orders over €39.95 worth of purchase all taxes included in ‘STANDARD’ shipping mode, shipping costs are free, the sending of the parcel will be dealt with according to the conditions related to the ‘STANDARD’ mode.

Shipments are sent by ‘Colissimo’ - La Poste *.

1.2 ‘Recorded’ Service for METROPOLITAN FRANCE

To ensure the proper receipt of the package by the recipient, the parcel may be sent in ‘Recorded’ mode on the customer’s request, by clicking on the option and subject to a financial contribution to shipping fees:

- €12.48 flat rate and all taxes included (i.e. €10.40 ex-Tax), fixed for any order value under or equal to €50 of purchase all taxes included.
- €13.56 flat rate and all taxes included (i.e. €11.30 ex-Tax), fixed for any order value over €50 of purchase all taxes included and under or equal to €200 of purchase all taxes included.
- €15.00 flat rate and all taxes included (i.e. €12.50 ex-Tax), fixed for any order value over €200 of purchase all taxes included and under or equal to €400 of purchase all taxes included.

Shipments are sent by ‘Colissimo Recommandé’ (Recorded Colissimo) - La Poste **.

In the context of a recorded shipment, a financial compensation of €50, €200 or €400 is included in case of loss or damage depending on the amount of the order or a compensation of €23/ kg (including shipping fees) if it is more favorable.

* COLISSIMO France: Stamping by weigh with proof of deposit, delivery without signature, tracking, commitment on the delivery times of 48h, that is to say 2 working days (except for Andorra).
** ‘Recorded’ COLISSIMO France: Stamping by weigh with proof of deposit, delivery upon signature, tracking, commitment on the delivery times of 48h, that is to say 2 working days (except for Andorra).

II – European Union, Switzerland, French overseas departments (FOD) (Guadeloupe, Martinique, Mayotte, La Réunion, Guyana) and Saint Pierre and Miquelon, Saint Martin, Saint Barthélémy 

2.1 ‘Standard’ Service for European Union, Switzerland, French overseas departments (FOD) (Guadeloupe, Martinique, Mayotte, La Réunion, Guyana) and Saint Pierre and Miquelon, Saint Martin, Saint Barthélémy  

The financial contribution to shipping costs is a fixed fee of €16.00 all taxes included, flat rate, and under a value of purchase of €95 including VAT. For any order over €95 of purchase all taxes included in ‘STANDARD’ sending mode, shipping costs are free, the sending of the parcel will be dealt with according to the conditions related to the ‘STANDARD’ mode.

Shipments are sent by ‘Colissimo’ (Colissimo) - La Poste*.

2.3 ‘Recorded’ Service for Overseas FRANCE - FOD, not available for FOT

To ensure the proper receipt of the package by the recipient, the parcel may be sent in ‘Recorded’ mode on the customer’s request, by clicking on the relative option and subject to a financial contribution to shipping costs:

- €19.63 flat rate and all taxes included (i.e. €16.36 ex-Tax), fixed for any order value under or equal to €50 of purchase all taxes included.
- €20.70 flat rate and all taxes included (i.e. €17.25 ex-Tax), fixed for any order value over €50 of purchase all taxes included and under or equal to €200 all taxes included.
- €28.20 flat rate and all taxes included (i.e. €23.50 ex-Tax), fixed for any order value over €200 of purchase all taxes included and under or equal to €400 of purchase all taxes included.
- €40.56 flat rate and all taxes included (i.e. €33.80 ex-Tax), fixed for any order value over €400 of purchase all taxes included and under or equal to €600 of purchase all taxes included.

Shipments are sent by ‘Colissimo Recommandé Outre-mer’ (Overseas France Recorded Colissimo) - La Poste**.

In the context of a recorded shipment, a financial compensation of €50, €200 or €400 is included in case of loss or damage depending on the amount of the order or a compensation of €23/ kg (including shipping costs) if it is more favorable.

*’COLISSIMO Outre-mer’ (Overseas France COLISSIMO): Stamping by weight with proof of deposit, delivery without signature, order tracking until the exit point at Metropolitan France border, no commitment on delivery times.
**’COLISSIMO Recommandé Outre-mer’ (Overseas France Recorded COLISSIMO): Stamping by weight with proof of deposit, delivery upon signature, order tracking until the exit point at Metropolitan France border, no commitment on delivery times.

III – Other destinations 

For information purposes only, the delivery times vary between 2 days (for metropolitan France) and 1 month for some countries (Italy, USA, Belgium…), as from the expedition, S.F.T.O. 1842 undertakes, for its part, to ship the orders within the 2 working days following their validation.

‘Standard’ Service WORLDWIDE - Other destinations

Regarding shipments destined to other destinations, the financial participation to shipping costs is fixed and calculated according to the total order amount all taxes included, according to predefined instalments for participation to the following shipping fees:

The fixed financial participation to the shipping fees is €35.00 including VAT for any order with an amount under €150 of purchase including VAT. For any order with an amount over €150 of purchase including VAT and under €300 of purchase including VAT shipped in 'Standard’ mode, the shipping is free.
For any order with an amount over €300 of purchase including VAT and under €400 of purchase including VAT shipped in ‘Standard’ mode, the fixed shipping fees are €100.00 including VAT.
For any order with an amount over €400 of purchase including VAT and under €500 including VAT shipped in ‘Standard’ mode, the fixed shipping fees are €135.00 including VAT.


Shipments are sent by ‘Colissimo International’ (International Colissimo) - La Poste*.

*’COLISSIMO International’ (International COLISSIMO): Stamping by weight with proof of deposit, delivery upon signature, order tracking until the exit point at Metropolitan France border, no commitment on delivery times.

As from the sending of the package, S.F.T.O. 1842 undertakes to forward the order tracking number to the client, and declines any liability regarding the guaranteed delivery times by ‘La Poste’, as well as the good receipt of the package by the recipient and the condition of the goods contained in the package.

ARTICLE 14 – CLAIMS

Possible delays give no right to the buyer to cancel the sale, to refuse the goods or to claim damages.
It is your responsibility to check the conditions and state of the packaging and the conformity of the products delivered as soon as the package is delivered to you by ‘La Poste’.

Any claim regarding the state of the products delivered must be notified to the postal services of the country of destination.
Any claim for non-conformity of the delivered products compared to the order made should be notified to us by recorded letter with a return receipt request within 72 hours after the receipt at the following address:

S.F.T.O. 1842
Online shop
BP 34B – ZI RN 13
78270 Bonnières Sur Seine

Or by email at boutique@sfto1842.com. It will be up to you provide our company with any justification necessary for its claim. In case the claim is accepted by our company you can benefit from the exchange and refund terms provided in Article 15.
In the absence of a claim made in the aforementioned periods, the products will be deemed compliant and accepted by the buyer.

In case of a claim, transportation and other costs (customs) for the product return to S.F.T.O. 1842 are at the expense of the buyer. Reimbursement of goods is only due provided that no abnormality is identified on the products. If that was the case, S.F.T.O. 1842 reserves the right not to refund the customer.

The customer may express reservations when the products are delivered only in case of error on the quantity or the nature of the products delivered, in relation to the order.

ARTICLE 15 - REFUND

Product refund in the cases referred to in Article 8 - PRODUCT COMPLIANCE, will be made within a period shorter than or equal to 15 days after the receipt of the goods by our care.

S.F.T.O. 1842 will decide to make the refund by crediting your bank account or by bank check sent to the customer who placed the order and at the billing address, or by the establishment of a credit note based on the amount of the refunded product(s). No cash on delivery sending will be accepted, regardless of the reason.

ARTICLE 16 - CUSTOMER SERVICE

We do our best to make your browsing and shopping on the website the most pleasant possible, but if you still feel dissatisfied, or are encountering some problems, do not hesitate to contact us, for sure we will find a solution to your problem.
You can also contact us simply to tell us that you are a satisfied customer!

For any assistance or question relative to your order, you can reach our customer service:

- By phone to +33 (0)1 34 77 85 85 from Monday to Friday between 10:00am and 5:00pm
- By email at boutique@sfto1842.com
- By fax to +33 (0)1 34 77 85 84
- By post mail at:

S.F.T.O. 1842
Online shop
BP 34B – ZI RN13
78270 Bonnières sur Seine

ARTICLE 17 - RESPONSIBILITY

The products offered are in compliance with the applicable French legislation. The responsibility of S.F.T.O. 1842 cannot be entailed in case of noncompliance with the legislation of the country where the products are delivered. It is your responsibility to check with the local authorities the possibilities of importation or use of the products you are planning to order.

Photos are communicated for illustrative purposes only and have no contractual character. Please refer to the description of each product to know its precise characteristics; and in case you have a doubt or if you wish to receive further information do not hesitate to contact our customer service, whose contact details you will find in Article 16 – CUSTOMER SERVICE.

S.F.T.O. 1842 is only responsible for the content published on its website’s pages. In case of an obvious error between the characteristics of the product and its representation and/or terms of sale, S.F.T.O. 1842 cannot be held liable.

ARTICLE 18 - APPLICABLE LAW - DISPUTES

Only the present terms and conditions in French apply.

Rights and obligations of the different parties are regulated by French law, more particularly by the regulation on distance selling (Articles L. 121-16 to L. 121-20 of the consumption Code integrating the directive EC 97/7 dated May, 20th 1997 on the protection of consumers regarding distance contracts).

Acceptances, bank drafts, money orders, shipping conditions bring neither novation nor derogation to this clause.
For any dispute and contestation, regardless of their nature or cause, only French courts will be qualified.